Consolidated Appropriations Act, 2022
Bill: H.R.2471 | Sponsor: Rep. Jeffries, Hakeem S. (D-NY)
Policy area: Economics and Public Finance

Summary:
Consolidated Appropriations Act, 2022
This bill provides appropriations to federal agencies for the remainder of FY2022, provides supplemental appropriations for activities to support Ukraine, and modifies or establishes various programs that address a wide range of policy areas.
The bill includes the 12 regular appropriations bills that fund federal agencies for FY2022. These bills include
The bill provides supplemental appropriations for several federal agencies to assist Ukraine in responding to the attack by Russia. For example, the bill provides funding for emergency food assistance, migration and refugee assistance, defense equipment, economic assistance, and enforcing sanctions against Russia.
In addition, the bill reauthorizes several expiring programs and authorities, including
The bill also includes several additional provisions that address a wide range of policy issues and programs, including:

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



                    PUBLIC LAW 117-103                   136 STAT. 49
                    
                    
                    

Public Law 117-103
117th Congress

                                 An Act

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

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

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

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

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

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

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

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

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022

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

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

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

[[Page 136 STAT. 50]]

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

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

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

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

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

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

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

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

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

         DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2022

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

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

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

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

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

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

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

         DIVISION M--COVID SUPPLEMENTAL APPROPRIATIONS ACT, 2022

        DIVISION N--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2022

            DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS

Title I--Flood Insurance

[[Page 136 STAT. 51]]

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

                      DIVISION P--HEALTH PROVISIONS

                     DIVISION Q--CONSUMER PROTECTION

                    DIVISION R--FAFSA SIMPLIFICATION

                      DIVISION S--VETERANS MATTERS

          DIVISION T--CREDIT UNION GOVERNANCE MODERNIZATION ACT

            DIVISION U--ADJUSTABLE INTEREST RATE (LIBOR) ACT

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

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

       DIVISION X--INTELLIGENCE AUTHORIZATION FOR FISCAL YEAR 2022

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

         DIVISION Z--ISRAEL RELATIONS NORMALIZATION ACT OF 2022

     DIVISION AA--TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM

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

         DIVISION CC--BURIAL EQUITY FOR GUARDS AND RESERVES ACT

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

           DIVISION EE--EXTENSION OF VISA WAIVER PROGRAM FEES

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

               DIVISION GG--COOPERATIVE PROJECT AGREEMENT

                       DIVISION HH--OTHER MATTERS

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

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

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

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

[[Page 136 STAT. 52]]

SEC. 5. STATEMENT OF APPROPRIATIONS.

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

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

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

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                   Processing, Research, and Marketing

                         Office of the Secretary

                     (including transfers of funds)

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

[[Page 136 STAT. 53]]

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

                          Executive Operations

                      office of the chief economist

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

                     office of hearings and appeals

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

                  office of budget and program analysis

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

                 Office of the Chief Information Officer

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

                  Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

[[Page 136 STAT. 54]]

                         Office of Civil Rights

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

                  Agriculture Buildings and Facilities

                     (including transfers of funds)

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

                     Hazardous Materials Management

                     (including transfers of funds)

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

               Office of Safety, Security, and Protection

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

                       Office of Inspector General

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

                      Office of the General Counsel

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

[[Page 136 STAT. 55]]

                            Office of Ethics

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

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

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

                        Economic Research Service

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

                National Agricultural Statistics Service

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

                      Agricultural Research Service

                          salaries and expenses

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

[[Page 136 STAT. 56]]

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

                        buildings and facilities

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

               National Institute of Food and Agriculture

                    research and education activities

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

[[Page 136 STAT. 57]]

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

               native american institutions endowment fund

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

                          extension activities

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

                          integrated activities

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

[[Page 136 STAT. 58]]

   Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

                          salaries and expenses

                     (including transfers of funds)

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

[[Page 136 STAT. 59]]

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

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

                        buildings and facilities

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

[[Page 136 STAT. 60]]

                     Agricultural Marketing Service

                           marketing services

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

                  limitation on administrative expenses

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

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

                     (including transfers of funds)

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

                   payments to states and possessions

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

[[Page 136 STAT. 61]]

         limitation on inspection and weighing services expenses

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

              Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

                                TITLE II

                FARM PRODUCTION AND CONSERVATION PROGRAMS

   Office of the Under Secretary for Farm Production and Conservation

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

[[Page 136 STAT. 62]]

            Farm Production and Conservation Business Center

                          salaries and expenses

                     (including transfers of funds)

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

                           Farm Service Agency

                          salaries and expenses

                     (including transfers of funds)

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

[[Page 136 STAT. 63]]

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

                         state mediation grants

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

               grassroots source water protection program

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

                         dairy indemnity program

                      (including transfer of funds)

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

            geographically disadvantaged farmers and ranchers

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

           agricultural credit insurance fund program account

                     (including transfers of funds)

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

[[Page 136 STAT. 64]]

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

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

                         Risk Management Agency

                          salaries and expenses

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

                 Natural Resources Conservation Service

                         conservation operations

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

[[Page 136 STAT. 65]]

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

                watershed and flood prevention operations

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

[[Page 136 STAT. 66]]

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

                    watershed rehabilitation program

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

<<NOTE: Contracts.>> CORPORATIONS

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

                 Federal Crop Insurance Corporation Fund

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

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

                     (including transfers of funds)

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

                       hazardous waste management

                        (limitation on expenses)

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

[[Page 136 STAT. 67]]

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

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

                            Rural Development

                          salaries and expenses

                     (including transfers of funds)

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

                          Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

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

[[Page 136 STAT. 68]]

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

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

[[Page 136 STAT. 69]]

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

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

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

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

[[Page 136 STAT. 70]]

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

                      rural housing voucher account

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

                   mutual and self-help housing grants

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

                     rural housing assistance grants

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

               rural community facilities program account

                     (including transfers of funds)

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

[[Page 136 STAT. 71]]

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

                   Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

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

[[Page 136 STAT. 72]]

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

               intermediary relending program fund account

                      (including transfer of funds)

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

            rural economic development loans program account

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

                  rural cooperative development grants

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

[[Page 136 STAT. 73]]

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

               rural microentrepreneur assistance program

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

                    rural energy for america program

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

                    healthy food financing initiative

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

                         Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

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

[[Page 136 STAT. 74]]

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

[[Page 136 STAT. 75]]

   rural electrification and telecommunications loans program account

                      (including transfer of funds)

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

         distance learning, telemedicine, and broadband program

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

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

[[Page 136 STAT. 76]]

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

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

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

[[Page 136 STAT. 77]]

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

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

[[Page 136 STAT. 78]]

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

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

                supplemental nutrition assistance program

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

[[Page 136 STAT. 79]]

                      commodity assistance program

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

                    nutrition programs administration

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

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

Office of the Under Secretary for Trade and Foreign Agricultural Affairs

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

                      office of codex alimentarius

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

[[Page 136 STAT. 80]]

                      Foreign Agricultural Service

                          salaries and expenses

                     (including transfers of funds)

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

                     food for peace title ii grants

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

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

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

[[Page 136 STAT. 81]]

  commodity credit corporation export (loans) credit guarantee program 
                                 account

                     (including transfers of funds)

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

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 Department of Health and Human Services

                      food and drug administration

                          salaries and expenses

                     (including transfers of funds)

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

[[Page 136 STAT. 82]]

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

[[Page 136 STAT. 83]]

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

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

                        buildings and facilities

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

                    fda innovation account, cures act

                      (including transfer of funds)

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

[[Page 136 STAT. 84]]

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

                      (including transfer of funds)

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

                       Farm Credit Administration

                  limitation on administrative expenses

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

[[Page 136 STAT. 85]]

                                TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

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

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

[[Page 136 STAT. 86]]

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

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

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

[[Page 136 STAT. 87]]

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

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

[[Page 136 STAT. 88]]

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

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

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

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

[[Page 136 STAT. 89]]

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

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

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

[[Page 136 STAT. 90]]

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

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

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

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

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

[[Page 136 STAT. 91]]

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

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

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

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

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

[[Page 136 STAT. 92]]

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

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

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

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

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

[[Page 136 STAT. 93]]

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

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

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

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

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

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

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

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

[[Page 136 STAT. 94]]

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

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

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

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

[[Page 136 STAT. 95]]

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

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

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

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

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

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

[[Page 136 STAT. 96]]

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

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

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

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

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

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

[[Page 136 STAT. 97]]

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

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

[[Page 136 STAT. 98]]

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

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

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

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

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

[[Page 136 STAT. 99]]

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

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

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

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

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

[[Page 136 STAT. 100]]

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

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

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

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

[[Page 136 STAT. 101]]

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

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

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

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

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

[[Page 136 STAT. 102]]

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

                     Bureau of Industry and Security

                      operations and administration

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

[[Page 136 STAT. 103]]

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

                   Economic Development Administration

                economic development assistance programs

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

                          salaries and expenses

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

                  Minority Business Development Agency

                      minority business development

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

[[Page 136 STAT. 104]]

                    Economic and Statistical Analysis

                          salaries and expenses

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

                          Bureau of the Census

                      current surveys and programs

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

                     periodic censuses and programs

                      (including transfer of funds)

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

       National Telecommunications and Information Administration

                          salaries and expenses

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

     public telecommunications facilities, planning and construction

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

[[Page 136 STAT. 105]]

                United States Patent and Trademark Office

                          salaries and expenses

                     (including transfers of funds)

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

[[Page 136 STAT. 106]]

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

             National Institute of Standards and Technology

             scientific and technical research and services

                      (including transfer of funds)

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

                     industrial technology services

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

                   construction of research facilities

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

[[Page 136 STAT. 107]]

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

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

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

[[Page 136 STAT. 108]]

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

                procurement, acquisition and construction

                      (including transfer of funds)

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

                     pacific coastal salmon recovery

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

[[Page 136 STAT. 109]]

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

                      fishermen's contingency fund

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

                    fisheries finance program account

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

                         Departmental Management

                          salaries and expenses

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

                      renovation and modernization

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

[[Page 136 STAT. 110]]

                       nonrecurring expenses fund

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

                       office of inspector general

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

               General Provisions--Department of Commerce

                      (including transfer of funds)

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

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

[[Page 136 STAT. 111]]

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

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

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

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

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

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

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

[[Page 136 STAT. 112]]

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

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

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

[[Page 136 STAT. 113]]

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

                          DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

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

                 justice information sharing technology

                      (including transfer of funds)

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

                 Executive Office for Immigration Review

                      (including transfer of funds)

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

                       Office of Inspector General

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

                     United States Parole Commission

                          salaries and expenses

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

[[Page 136 STAT. 114]]

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

                            Legal Activities

             salaries and expenses, general legal activities

                      (including transfer of funds)

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

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

                salaries and expenses, antitrust division

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

[[Page 136 STAT. 115]]

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

             salaries and expenses, united states attorneys

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

                    united states trustee system fund

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

       salaries and expenses, foreign claims settlement commission

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

[[Page 136 STAT. 116]]

                     fees and expenses of witnesses

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

           salaries and expenses, community relations service

                      (including transfer of funds)

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

                         assets forfeiture fund

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

                     United States Marshals Service

                          salaries and expenses

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

                              construction

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

[[Page 136 STAT. 117]]

                       federal prisoner detention

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

                       National Security Division

                          salaries and expenses

                      (including transfer of funds)

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

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                     Federal Bureau of Investigation

                          salaries and expenses

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

[[Page 136 STAT. 118]]

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

                              construction

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

                     Drug Enforcement Administration

                          salaries and expenses

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

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          salaries and expenses

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

[[Page 136 STAT. 119]]

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

                          Federal Prison System

                          salaries and expenses

                      (including transfer of funds)

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

                        buildings and facilities

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

[[Page 136 STAT. 120]]

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

                 federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

                      (including transfer of funds)

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

[[Page 136 STAT. 121]]

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

[[Page 136 STAT. 122]]

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

                       Office of Justice Programs

                   research, evaluation and statistics

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

[[Page 136 STAT. 123]]

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

               state and local law enforcement assistance

                      (including transfer of funds)

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

[[Page 136 STAT. 124]]

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

[[Page 136 STAT. 125]]

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

[[Page 136 STAT. 126]]

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

[[Page 136 STAT. 127]]

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

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

[[Page 136 STAT. 128]]

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

                        juvenile justice programs

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

[[Page 136 STAT. 129]]

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

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

                     public safety officer benefits

                      (including transfer of funds)

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

                  Community Oriented Policing Services

              community oriented policing services programs

                      (including transfer of funds)

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

[[Page 136 STAT. 130]]

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

[[Page 136 STAT. 131]]

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

                General Provisions--Department of Justice

                      (including transfer of funds)

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

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

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

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

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

[[Page 136 STAT. 132]]

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

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

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

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

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

[[Page 136 STAT. 133]]

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

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

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

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

[[Page 136 STAT. 134]]

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

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

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

                                 SCIENCE

                 Office of Science and Technology Policy

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

                         National Space Council

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

              National Aeronautics and Space Administration

                                 science

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

[[Page 136 STAT. 135]]

                               aeronautics

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

                            space technology

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

                               exploration

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

[[Page 136 STAT. 136]]

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

                            space operations

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

      science, technology, engineering, and mathematics engagement

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

[[Page 136 STAT. 137]]

                  safety, security and mission services

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

        construction and environmental compliance and restoration

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

[[Page 136 STAT. 138]]

                       office of inspector general

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

                        administrative provisions

                     (including transfers of funds)

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

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

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

[[Page 136 STAT. 139]]

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

                       National Science Foundation

                     research and related activities

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

          major research equipment and facilities construction

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

                      education and human resources

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

                 agency operations and award management

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

[[Page 136 STAT. 140]]

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

                  office of the national science board

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

                       office of inspector general

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

                        administrative provisions

                     (including transfers of funds)

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

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

[[Page 136 STAT. 141]]

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                          salaries and expenses

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

                 Equal Employment Opportunity Commission

                          salaries and expenses

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

[[Page 136 STAT. 142]]

                     International Trade Commission

                          salaries and expenses

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

                       Legal Services Corporation

                payment to the legal services corporation

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

          administrative provision--legal services corporation

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

                        Marine Mammal Commission

                          salaries and expenses

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

[[Page 136 STAT. 143]]

            Office of the United States Trade Representative

                          salaries and expenses

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

                      trade enforcement trust fund

                      (including transfer of funds)

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

                         State Justice Institute

                          salaries and expenses

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

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

                          salaries and expenses

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

                                 TITLE V

                           GENERAL PROVISIONS

                         (including rescissions)

                      (including transfer of funds)

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

[[Page 136 STAT. 144]]

    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
pursuant to section 3109 of title 5, United States Code, shall be 
limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.

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

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

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

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

[[Page 136 STAT. 145]]

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

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

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

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

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

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

[[Page 136 STAT. 146]]

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

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

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

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

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

[[Page 136 STAT. 147]]

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

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

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

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

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

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

[[Page 136 STAT. 148]]

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

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

                              (rescissions)

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

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

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

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

[[Page 136 STAT. 149]]

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

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

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

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

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

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

[[Page 136 STAT. 150]]

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

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

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

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

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

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

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

[[Page 136 STAT. 151]]

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

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

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

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

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

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

[[Page 136 STAT. 152]]

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

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

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

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

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

[[Page 136 STAT. 153]]

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

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

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

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

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

[[Page 136 STAT. 154]]

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

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

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

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

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

[[Page 136 STAT. 155]]

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                      Military Personnel, Air Force

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

                         Reserve Personnel, Army

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

[[Page 136 STAT. 156]]

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

                         Reserve Personnel, Navy

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

                     Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

[[Page 136 STAT. 157]]

                   National Guard Personnel, Air Force

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

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

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

                     Operation and Maintenance, Navy

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

                 Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                 Operation and Maintenance, Space Force

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

[[Page 136 STAT. 158]]

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

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

                    Counter-ISIS Train and Equip Fund

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

[[Page 136 STAT. 159]]

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

[[Page 136 STAT. 160]]

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

                 Operation and Maintenance, Army Reserve

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

                 Operation and Maintenance, Navy Reserve

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

             Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

[[Page 136 STAT. 161]]

              Operation and Maintenance, Air National Guard

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

           United States Court of Appeals for the Armed Forces

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

                     Environmental Restoration, Army

                      (including transfer of funds)

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

                     Environmental Restoration, Navy

                      (including transfer of funds)

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

[[Page 136 STAT. 162]]

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

                  Environmental Restoration, Air Force

                      (including transfer of funds)

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

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

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

[[Page 136 STAT. 163]]

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Cooperative Threat Reduction Account

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

     Department of Defense Acquisition Workforce Development Account

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

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

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

[[Page 136 STAT. 164]]

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

                        Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                     Procurement of Ammunition, Army

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

                         Other Procurement, Army

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

[[Page 136 STAT. 165]]

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

                       Aircraft Procurement, Navy

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

                        Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                    Shipbuilding and Conversion, Navy

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

[[Page 136 STAT. 166]]

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

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

[[Page 136 STAT. 167]]

                         Other Procurement, Navy

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

                        Procurement, Marine Corps

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

                     Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

[[Page 136 STAT. 168]]

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                        Procurement, Space Force

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

                        Procurement, Defense-Wide

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

[[Page 136 STAT. 169]]

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

                    Defense Production Act Purchases

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

              National Guard and Reserve Equipment Account

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

          Research, Development, Test and Evaluation, Air Force

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

[[Page 136 STAT. 170]]

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

         Research, Development, Test and Evaluation, Space Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                Operational Test and Evaluation, Defense

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

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

[[Page 136 STAT. 171]]

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

           Chemical Agents and Munitions Destruction, Defense

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

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

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

[[Page 136 STAT. 172]]

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

                     Office of the Inspector General

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

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

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

                Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

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

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

[[Page 136 STAT. 173]]

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

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

                           (transfer of funds)

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

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

[[Page 136 STAT. 174]]

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

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

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

                           (transfer of funds)

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

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

[[Page 136 STAT. 175]]

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

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

[[Page 136 STAT. 176]]

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

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

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

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

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

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

[[Page 136 STAT. 177]]

                           (transfer of funds)

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

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

[[Page 136 STAT. 178]]

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

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

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

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

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

[[Page 136 STAT. 179]]

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

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

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

[[Page 136 STAT. 180]]

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

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

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

[[Page 136 STAT. 181]]

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

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

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

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

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

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

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

[[Page 136 STAT. 182]]

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

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

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

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

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

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

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

[[Page 136 STAT. 183]]

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

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

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

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

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

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

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

[[Page 136 STAT. 184]]

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

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

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

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

[[Page 136 STAT. 185]]

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

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

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

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

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

[[Page 136 STAT. 186]]

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

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

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

                              (rescissions)

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

[[Page 136 STAT. 187]]

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

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

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

[[Page 136 STAT. 188]]

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

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

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

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

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

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

                      (including transfer of funds)

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

[[Page 136 STAT. 189]]

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

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

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

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

                      (including transfer of funds)

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

[[Page 136 STAT. 190]]

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

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

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

[[Page 136 STAT. 191]]

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

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

                      (including transfer of funds)

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

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

[[Page 136 STAT. 192]]

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

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

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

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

                      (including transfer of funds)

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

[[Page 136 STAT. 193]]

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

                      (including transfer of funds)

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

                      (including transfer of funds)

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

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

                      (including transfer of funds)

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

[[Page 136 STAT. 194]]

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

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

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

[[Page 136 STAT. 195]]

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

                      (including transfer of funds)

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

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

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

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

[[Page 136 STAT. 196]]

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

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

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

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

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

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

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

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

[[Page 136 STAT. 197]]

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

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

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

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

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

[[Page 136 STAT. 198]]

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

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

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

                      (including transfer of funds)

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

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

[[Page 136 STAT. 199]]

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

                      (including transfer of funds)

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

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

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

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

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

[[Page 136 STAT. 200]]

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

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

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

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

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

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

[[Page 136 STAT. 201]]

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

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

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

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

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

[[Page 136 STAT. 202]]

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

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

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

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

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

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

[[Page 136 STAT. 203]]

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

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

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

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

[[Page 136 STAT. 204]]

            (8) Acquisition Visibility (PE 0608648D8Z).

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

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

[[Page 136 STAT. 205]]

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

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

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

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

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

[[Page 136 STAT. 206]]

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

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

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

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

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

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

[[Page 136 STAT. 207]]

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

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

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

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

[[Page 136 STAT. 208]]

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

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

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

[[Page 136 STAT. 209]]

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

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

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

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

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

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

[[Page 136 STAT. 210]]

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

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

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

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

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

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

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

[[Page 136 STAT. 211]]

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

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

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

                                 TITLE I

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

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

                             investigations

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

                              construction

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

[[Page 136 STAT. 212]]

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

                    mississippi river and tributaries

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

                        operation and maintenance

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

[[Page 136 STAT. 213]]

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

                           regulatory program

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

             formerly utilized sites remedial action program

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

                  flood control and coastal emergencies

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

[[Page 136 STAT. 214]]

                                expenses

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

      office of the assistant secretary of the army for civil works

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

       water infrastructure finance and innovation program account

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

[[Page 136 STAT. 215]]

of Representatives and the Senate that provides: (1) an analysis of how 
subsidy rates will be determined for loans financed by appropriations 
provided under this heading in this Act; (2) a comparison of the factors 
that will be considered in estimating subsidy rates for loans financed 
under this heading in this Act with factors that will be considered in 
estimates of subsidy rates for other projects authorized by the Water 
Infrastructure Finance and Innovation Act of 2014, including an analysis 
of how both sets of rates will be determined; and (3) an analysis of the 
process for developing draft regulations for the Water Infrastructure 
Finance and Innovation program, including a crosswalk from the statutory 
requirements for such program, and a timetable for publishing such 
regulations:  Provided further, <<NOTE: Loans. Criteria.>>  That the use 
of direct loans or loan guarantee authority under this heading for 
direct loans or commitments to guarantee loans for any project shall be 
in accordance with the criteria published in the Federal Register on 
June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the 
heading ``Water Infrastructure Finance and Innovation Program Account'' 
in division D of the Further Consolidated Appropriations Act, 2020 
(Public Law 116-94):  Provided 
further, <<NOTE: Loans. Certification. Compliance.>>  That none of the 
direct loans or loan guarantee authority made available under this 
heading shall be available for any project unless the Secretary and the 
Director of the Office of Management and Budget have certified in 
advance in writing that the direct loan or loan guarantee, as 
applicable, and the project comply with the criteria referenced in the 
previous proviso:  Provided further, That any references to the 
Environmental Protection Agency (EPA) or the Administrator in the 
criteria referenced in the previous two provisos shall be deemed to be 
references to the Army Corps of Engineers or the Secretary of the Army, 
respectively, for purposes of the direct loans or loan guarantee 
authority made available under this heading:  Provided further, That for 
the purposes of carrying out the Congressional Budget Act of 1974, the 
Director of the Congressional Budget Office may request, and the 
Secretary shall promptly provide, documentation and information relating 
to a project identified in a Letter of Interest submitted to the 
Secretary pursuant to a Notice of Funding Availability for applications 
for credit assistance under the Water Infrastructure Finance and 
Innovation Act Program, including with respect to a project that was 
initiated or completed before the date of enactment of this Act.

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

              GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                      (including transfer of funds)

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

[[Page 136 STAT. 216]]

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

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

[[Page 136 STAT. 217]]

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

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

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

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

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

[[Page 136 STAT. 218]]

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 central utah project completion account

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

                          Bureau of Reclamation

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

                       water and related resources

                     (including transfers of funds)

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

[[Page 136 STAT. 219]]

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

                 central valley project restoration fund

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

                    california bay-delta restoration

                     (including transfers of funds)

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

                        policy and administration

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

[[Page 136 STAT. 220]]

                        administrative provision

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

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

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

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

[[Page 136 STAT. 221]]

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

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

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

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

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

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

[[Page 136 STAT. 222]]

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

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

         Cybersecurity, Energy Security, and Emergency Response

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

                               Electricity

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

[[Page 136 STAT. 223]]

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

                             Nuclear Energy

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

                   Fossil Energy and Carbon Management

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

                 Naval Petroleum and Oil Shale Reserves

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

[[Page 136 STAT. 224]]

                       Strategic Petroleum Reserve

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

                          SPR Petroleum Account

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

                   Northeast Home Heating Oil Reserve

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

                    Energy Information Administration

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

                    Non-defense Environmental Cleanup

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

       Uranium Enrichment Decontamination and Decommissioning Fund

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

[[Page 136 STAT. 225]]

                                 Science

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

                         Nuclear Waste Disposal

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

                         Technology Transitions

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

                       Clean Energy Demonstrations

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

                Advanced Research Projects Agency--Energy

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

          Title 17 Innovative Technology Loan Guarantee Program

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

[[Page 136 STAT. 226]]

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

         Advanced Technology Vehicles Manufacturing Loan Program

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

                  Tribal Energy Loan Guarantee Program

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

                    Indian Energy Policy and Programs

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

[[Page 136 STAT. 227]]

                       Departmental Administration

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

                     Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation

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

[[Page 136 STAT. 228]]

                             Naval Reactors

                      (including transfer of funds)

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

                      Federal Salaries and Expenses

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Environmental Cleanup

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

     Defense Uranium Enrichment Decontamination and Decommissioning

                      (including transfer of funds)

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

                        Other Defense Activities

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

[[Page 136 STAT. 229]]

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

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

[[Page 136 STAT. 230]]

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

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

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

[[Page 136 STAT. 231]]

            Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                          salaries and expenses

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

[[Page 136 STAT. 232]]

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

             (including transfers and rescissions of funds)

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

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

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

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

[[Page 136 STAT. 233]]

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

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

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

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

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

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

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

[[Page 136 STAT. 234]]

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

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

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

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

                 Defense Nuclear Facilities Safety Board

                          salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic

[[Page 136 STAT. 235]]

Energy Act of 1954, as amended by Public Law 100-456, section 1441, 
$36,000,000, to remain available until September 30, 2023.

                        Delta Regional Authority

                          salaries and expenses

    For expenses necessary for the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act of 
2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, 
$30,100,000, to remain available until expended.

                            Denali Commission

    For expenses necessary for the Denali Commission including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $15,100,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) of 
the Denali Commission Act of 1998:  Provided, That funds shall be 
available for construction projects for which the Denali Commission is 
the sole or primary funding source in an amount not to exceed 80 percent 
of total project cost for distressed communities, as defined by section 
307 of the Denali Commission Act of 1998 (division C, title III, Public 
Law 105-277), as amended by section 701 of appendix D, title VII, Public 
Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50 
percent for non-distressed communities:  Provided further, That 
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under 
this heading shall be available for the payment of such a non-Federal 
share for any project for which the Denali Commission is not the sole or 
primary funding source, provided that such project is consistent with 
the purposes of the Commission.

                   Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $35,000,000, to remain available until expended:  Provided, 
That such amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

    For expenses necessary for the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $5,000,000, to remain available until expended.

                  Southwest Border Regional Commission

    For expenses necessary for the Southwest Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $2,500,000, to remain available until expended.

[[Page 136 STAT. 236]]

                      Nuclear Regulatory Commission

                          salaries and expenses

    For expenses necessary for the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, $873,901,000, including official representation expenses 
not to exceed $25,000, to remain available until expended:  Provided, 
That of the amount appropriated herein, not more than $9,500,000 may be 
made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2023:  
Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $745,258,000 
in fiscal year 2022 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended:  Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 2022 so as to result in a final fiscal year 2022 
appropriation estimated at not more than $128,643,000.

                       office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$13,799,000, to remain available until September 30, 2023:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $11,442,000 in fiscal year 2022 
shall be retained and be available until September 30, 2023, for 
necessary salaries and expenses in this account, notwithstanding section 
3302 of title 31, United States Code:  Provided further, That the sum 
herein appropriated shall be reduced by the amount of revenues received 
during fiscal year 2022 so as to result in a final fiscal year 2022 
appropriation estimated at not more than $2,357,000:  Provided further, 
That of the amounts appropriated under this heading, $1,146,000 shall be 
for Inspector General services for the Defense Nuclear Facilities Safety 
Board.

                  Nuclear Waste Technical Review Board

                          salaries and expenses

    For expenses necessary for the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,800,000, to be 
derived from the Nuclear Waste Fund, to remain available until September 
30, 2023.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401. <<NOTE: Compliance.>>   The Nuclear Regulatory Commission 
shall comply with the July 5, 2011, version of Chapter VI of its 
Internal Commission Procedures when responding to Congressional requests 
for information, consistent with Department of Justice guidance for all 
Federal agencies.

    Sec. 402. (a) <<NOTE: Notification. Time period.>>  The amounts made 
available by this title for the Nuclear Regulatory Commission may be 
reprogrammed for any program, project, or activity, and the Commission 
shall notify the Committees on Appropriations of both Houses of Congress 
at least

[[Page 136 STAT. 237]]

30 days prior to the use of any proposed reprogramming that would cause 
any program funding level to increase or decrease by more than $500,000 
or 10 percent, whichever is less, during the time period covered by this 
Act.

    (b)(1) <<NOTE: Waiver authority.>>  The Nuclear Regulatory 
Commission may waive the notification requirement in subsection (a) if 
compliance with such requirement would pose a substantial risk to human 
health, the environment, welfare, or national security.

    (2) <<NOTE: Notification. Deadline.>>  The Nuclear Regulatory 
Commission shall notify the Committees on Appropriations of both Houses 
of Congress of any waiver under paragraph (1) as soon as practicable, 
but not later than 3 days after the date of the activity to which a 
requirement or restriction would otherwise have 
applied. <<NOTE: Reports.>>  Such notice shall include an explanation of 
the substantial risk under paragraph (1) that permitted such waiver and 
shall provide a detailed report to the Committees of such waiver and 
changes to funding levels to programs, projects, or activities.

    (c) Except as provided in subsections (a), (b), and (d), the amounts 
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).
    (d) None of the funds provided for the Nuclear Regulatory Commission 
shall be available for obligation or expenditure through a reprogramming 
of funds that increases funds or personnel for any program, project, or 
activity for which funds are denied or restricted by this Act.
    (e) <<NOTE: Reports.>>  The Commission shall provide a monthly 
report to the Committees on Appropriations of both Houses of Congress, 
which includes the following for each program, project, or activity, 
including any prior year appropriations--
            (1) total budget authority;
            (2) total unobligated balances; and
            (3) total unliquidated obligations.

                                 TITLE V

                           GENERAL PROVISIONS

                      (including transfer of funds)

    Sec. 501.  <<NOTE: Lobbying.>>  None of the funds appropriated by 
this Act may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before Congress, other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.

    Sec. 502. (a) None of the funds made available in title III of this 
Act may be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made by or 
transfer authority provided in this Act or any other appropriations Act 
for any fiscal year, transfer authority referenced in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), or any authority whereby a department, agency, 
or instrumentality of the United States Government may provide goods or 
services to another department, agency, or instrumentality.

[[Page 136 STAT. 238]]

    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriations Act for any fiscal year, transfer authority referenced in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), or any authority whereby 
a department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality.
    (c) <<NOTE: Reports. Time periods.>>  The head of any relevant 
department or agency funded in this Act utilizing any transfer authority 
shall submit to the Committees on Appropriations of both Houses of 
Congress a semiannual report detailing the transfer authorities, except 
for any authority whereby a department, agency, or instrumentality of 
the United States Government may provide goods or services to another 
department, agency, or instrumentality, used in the previous 6 months 
and in the year-to-date. This report shall include the amounts 
transferred and the purposes for which they were transferred, and shall 
not replace or modify existing notification requirements for each 
authority.

    Sec. 503.  None of the funds made available by this Act may be used 
in contravention of Executive Order No. 12898 of February 11, 1994 
(Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations).
    Sec. 504. <<NOTE: Pornography.>>  (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, Tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 505.  The nineteenth proviso under the heading ``Fossil Energy 
and Carbon Management'' in title III of division J of Public Law 117-
58 <<NOTE: 135 Stat. 1375.>>  is amended by striking ``(b)'' each place 
it appears and inserting ``(h)'':  Provided, That amounts repurposed 
pursuant to this section that were previously designated by the Congress 
as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 
71 (115th Congress), the concurrent resolution on the budget for fiscal 
year 2018, and to section 251(b) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 are designated by the Congress as an 
emergency requirement pursuant to section 4001(a)(1) and section 4001(b) 
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the 
budget for fiscal year 2022.

    This division may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2022''.

[[Page 136 STAT. 239]]

           DIVISION E <<NOTE: Financial Services and General 
Government Appropriations Act, 2022.>> --FINANCIAL SERVICES AND GENERAL 
GOVERNMENT APPROPRIATIONS ACT, 2022

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

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                          salaries and expenses

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Freedman's Bank 
Building; hire of passenger motor vehicles; maintenance, repairs, and 
improvements of, and purchase of commercial insurance policies for, real 
properties leased or owned overseas, when necessary for the performance 
of official business; executive direction program activities; 
international affairs and economic policy activities; domestic finance 
and tax policy activities, including technical assistance to State, 
local, and territorial entities; and Treasury-wide management policies 
and programs activities, $243,109,000:  Provided, That of the amount 
appropriated under this heading--
            (1) not to exceed $350,000 is for official reception and 
        representation expenses;
            (2) not to exceed $258,000 is for unforeseen emergencies of 
        a confidential nature to be allocated and expended under the 
        direction of the Secretary of the Treasury and to be accounted 
        for solely on the Secretary's certificate; and
            (3) not to exceed $34,000,000 shall remain available until 
        September 30, 2023, for--
                    (A) the Treasury-wide Financial Statement Audit and 
                Internal Control Program;
                    (B) information technology modernization 
                requirements;
                    (C) the audit, oversight, and administration of the 
                Gulf Coast Restoration Trust Fund;
                    (D) the development and implementation of programs 
                within the Office of Cybersecurity and Critical 
                Infrastructure Protection, including entering into 
                cooperative agreements;
                    (E) operations and maintenance of facilities; and
                    (F) international operations.

        committee on foreign investment in the united states fund

                      (including transfer of funds)

    For necessary expenses of the Committee on Foreign Investment in the 
United States, $20,000,000, to remain available until expended:  
Provided, <<NOTE: Notification.>>  That the chairperson of the Committee 
may transfer such amounts to any department or agency represented on the 
Committee (including the Department of the Treasury) subject to advance 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That amounts so 
transferred shall remain available until expended for expenses of 
implementing section 721 of the Defense Production Act of 1950, as 
amended (50 U.S.C. 4565), and shall be available

[[Page 136 STAT. 240]]

in addition to any other funds available to any department or agency:  
Provided further, That fees authorized by section 721(p) of such Act 
shall be credited to this appropriation as offsetting collections:  
Provided further, That the total amount appropriated under this heading 
from the general fund shall be reduced as such offsetting collections 
are received during fiscal year 2022, so as to result in a total 
appropriation from the general fund estimated at not more than $0.

             office of terrorism and financial intelligence

                          salaries and expenses

    For the necessary expenses of the Office of Terrorism and Financial 
Intelligence to safeguard the financial system against illicit use and 
to combat rogue nations, terrorist facilitators, weapons of mass 
destruction proliferators, human rights abusers, money launderers, drug 
kingpins, and other national security threats, $195,192,000, of which 
not less than $3,000,000 shall be available for addressing human rights 
violations and corruption, including activities authorized by the Global 
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):  
Provided, That of the amounts appropriated under this heading, up to 
$20,000,000 shall remain available until September 30, 2023.

                    cybersecurity enhancement account

    For salaries and expenses for enhanced cybersecurity for systems 
operated by the Department of the Treasury, $80,000,000, to remain 
available until September 30, 2024:  Provided, That such funds shall 
supplement and not supplant any other amounts made available to the 
Treasury offices and bureaus for cybersecurity:  Provided further, That 
of the total amount made available under this heading $4,000,000 shall 
be available for administrative expenses for the Treasury Chief 
Information Officer to provide oversight of the investments made under 
this heading:  Provided further, That such funds shall supplement and 
not supplant any other amounts made available to the Treasury Chief 
Information Officer.

        department-wide systems and capital investments programs

                      (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services and for repairs and renovations to 
buildings owned by the Department of the Treasury, $6,118,000, to remain 
available until September 30, 2024:  Provided, That these funds shall be 
transferred to accounts and in amounts as necessary to satisfy the 
requirements of the Department's offices, bureaus, and other 
organizations:  Provided further, That this transfer authority shall be 
in addition to any other transfer authority provided in this Act:  
Provided further, That none of the funds appropriated under this heading 
shall be used to support or supplement ``Internal Revenue Service, 
Operations Support'' or ``Internal Revenue Service, Business Systems 
Modernization''.

[[Page 136 STAT. 241]]

                       office of inspector general

                          salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$42,275,000, including hire of passenger motor vehicles; of which not to 
exceed $100,000 shall be available for unforeseen emergencies of a 
confidential nature, to be allocated and expended under the direction of 
the Inspector General of the Treasury; of which up to $2,800,000 to 
remain available until September 30, 2023, shall be for audits and 
investigations conducted pursuant to section 1608 of the Resources and 
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies 
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which 
not to exceed $1,000 shall be available for official reception and 
representation expenses.

            treasury inspector general for tax administration

                          salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, as 
amended, including purchase and hire of passenger motor vehicles (31 
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates 
as may be determined by the Inspector General for Tax Administration; 
$174,250,000, of which $5,000,000 shall remain available until September 
30, 2023; of which not to exceed $6,000,000 shall be available for 
official travel expenses; of which not to exceed $500,000 shall be 
available for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration; and of which not to exceed $1,500 shall be available 
for official reception and representation expenses.

     special inspector general for the troubled asset relief program

                          salaries and expenses

    For necessary expenses of the Office of the Special Inspector 
General in carrying out the provisions of the Emergency Economic 
Stabilization Act of 2008 (Public Law 110-343), $16,000,000.

                  Financial Crimes Enforcement Network

                          salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training expenses 
of non-Federal and foreign government personnel to attend meetings and 
training concerned with domestic and foreign financial intelligence 
activities, law enforcement, and financial regulation; services 
authorized by 5 U.S.C. 3109; not to exceed $25,000 for official 
reception and representation expenses; and for assistance to Federal law 
enforcement agencies, with or without reimbursement, $161,000,000, of 
which not to exceed $55,000,000 shall remain available until September 
30, 2024.

[[Page 136 STAT. 242]]

                      Bureau of the Fiscal Service

                          salaries and expenses

    For necessary expenses of operations of the Bureau of the Fiscal 
Service, $355,936,000; of which not to exceed $8,000,000, to remain 
available until September 30, 2024, is for information systems 
modernization initiatives; and of which $5,000 shall be available for 
official reception and representation expenses.
    In addition, $165,000, to be derived from the Oil Spill Liability 
Trust Fund to reimburse administrative and personnel expenses for 
financial management of the Fund, as authorized by section 1012 of 
Public Law 101-380.

                Alcohol and Tobacco Tax and Trade Bureau

                          salaries and expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$128,067,000; of which not to exceed $6,000 shall be available for 
official reception and representation expenses; and of which not to 
exceed $50,000 shall be available for cooperative research and 
development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement:  Provided, That of the amount appropriated under this 
heading, $5,000,000 shall be for the costs of accelerating the 
processing of formula and label applications:  Provided further, That of 
the amount appropriated under this heading, $5,000,000, to remain 
available until September 30, 2023, shall be for the costs associated 
with enforcement of and education regarding the trade practice 
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et 
seq.).

                           United States Mint

                united states mint public enterprise fund

    Pursuant to section 5136 of title 31, United States Code, the United 
States Mint is provided funding through the United States Mint Public 
Enterprise Fund for costs associated with the production of circulating 
coins, numismatic coins, and protective services, including both 
operating expenses and capital investments:  Provided, That the 
aggregate amount of new liabilities and obligations incurred during 
fiscal year 2022 under such section 5136 for circulating coinage and 
protective service capital investments of the United States Mint shall 
not exceed $50,000,000.

    Community Development Financial Institutions Fund Program Account

    To carry out the Riegle Community Development and Regulatory 
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325), 
including services authorized by section 3109 of title 5, United States 
Code, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for EX-III, $295,000,000. Of the amount 
appropriated under this heading--

[[Page 136 STAT. 243]]

            (1) not less than $173,383,000, notwithstanding section 
        108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to 
        Small and/or Emerging Community Development Financial 
        Institutions Assistance awards, is available until September 30, 
        2023, for financial assistance and technical assistance under 
        subparagraphs (A) and (B) of section 108(a)(1), respectively, of 
        Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which 
        up to $1,600,000 may be available for training and outreach 
        under section 109 of Public Law 103-325 (12 U.S.C. 4708), of 
        which up to $3,153,750 may be used for the cost of direct loans, 
        of which up to $10,000,000, notwithstanding subsection (d) of 
        section 108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may be 
        available to provide financial assistance, technical assistance, 
        training, and outreach to community development financial 
        institutions to expand investments that benefit individuals with 
        disabilities, and of which not less than $2,000,000 shall be for 
        the Economic Mobility Corps to be operated in conjunction with 
        the Corporation for National and Community Service, pursuant to 
        42 U.S.C. 12571:  Provided, That the cost of direct and 
        guaranteed loans, including the cost of modifying such loans, 
        shall be as defined in section 502 of the Congressional Budget 
        Act of 1974:  Provided further, That these funds are available 
        to subsidize gross obligations for the principal amount of 
        direct loans not to exceed $25,000,000:  Provided further, That 
        of the funds provided under this paragraph, excluding those made 
        to community development financial institutions to expand 
        investments that benefit individuals with disabilities and those 
        made to community development financial institutions that serve 
        populations living in persistent poverty counties, the CDFI Fund 
        shall prioritize Financial Assistance awards to organizations 
        that invest and lend in high-poverty areas:  Provided 
        further, <<NOTE: Definition. Time period. State and local 
        governments. Puerto Rico.>>  That for purposes of this section, 
        the term ``high-poverty area'' means any census tract with a 
        poverty rate of at least 20 percent as measured by the 2011-2015 
        5-year data series available from the American Community Survey 
        of the Bureau of the Census for all States and Puerto Rico or 
        with a poverty rate of at least 20 percent as measured by the 
        2010 Island areas Decennial Census data for any territory or 
        possession of the United States;
            (2) not less than $21,500,000, notwithstanding section 
        108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available 
        until September 30, 2023, for financial assistance, technical 
        assistance, training, and outreach programs designed to benefit 
        Native American, Native Hawaiian, and Alaska Native communities 
        and provided primarily through qualified community development 
        lender organizations with experience and expertise in community 
        development banking and lending in Indian country, Native 
        American organizations, Tribes and Tribal organizations, and 
        other suitable providers;
            (3) not less than $35,000,000 is available until September 
        30, 2023, for the Bank Enterprise Award program;
            (4) not less than $23,000,000, notwithstanding subsections 
        (d) and (e) of section 108 of Public Law 103-325 (12 U.S.C. 
        4707(d) and (e)), is available until September 30, 2023, for a 
        Healthy Food Financing Initiative to provide financial 
        assistance, technical assistance, training, and outreach to 
        community development financial institutions for the purpose of 
        offering

[[Page 136 STAT. 244]]

        affordable financing and technical assistance to expand the 
        availability of healthy food options in distressed communities;
            (5) not less than $8,500,000 is available until September 
        30, 2023, to provide grants for loan loss reserve funds and to 
        provide technical assistance for small dollar loan programs 
        under section 122 of Public Law 103-325 (12 U.S.C. 4719):  
        Provided, That sections 108(d) and 122(b)(2) of such Public Law 
        shall not apply to the provision of such grants and technical 
        assistance;
            (6) up to $33,617,000 is available for administrative 
        expenses, including administration of CDFI Fund programs and the 
        New Markets Tax Credit Program, of which not less than 
        $1,000,000 is for the development of tools to better assess and 
        inform CDFI investment performance and CDFI program impacts, and 
        up to $300,000 is for administrative expenses to carry out the 
        direct loan program; and
            (7) during fiscal year 2022, none of the funds available 
        under this heading are available for the cost, as defined in 
        section 502 of the Congressional Budget Act of 1974, of 
        commitments to guarantee bonds and notes under section 114A of 
        the Riegle Community Development and Regulatory Improvement Act 
        of 1994 (12 U.S.C. 4713a):  Provided, That commitments to 
        guarantee bonds and notes under such section 114A shall not 
        exceed $500,000,000:  Provided further, <<NOTE: Termination 
        date. 12 USC 4713a note.>>  That such section 114A shall remain 
        in effect until December 31, 2022:  Provided further, That of 
        the funds awarded under this heading, except those provided for 
        the Economic Mobility Corps, not less than 10 percent shall be 
        used for awards that support investments that serve populations 
        living in persistent poverty counties:  Provided 
        further, <<NOTE: Definition. Puerto Rico. Time period.>>  That 
        for the purposes of this paragraph and paragraph (1), the term 
        ``persistent poverty counties'' means any county, including 
        county equivalent areas in Puerto Rico, that has had 20 percent 
        or more of its population living in poverty over the past 30 
        years, as measured by the 1990 and 2000 decennial censuses and 
        the 2011-2015 5-year data series available from the American 
        Community Survey of the Bureau of the Census or any other 
        territory or possession of the United States that has had 20 
        percent or more of its population living in poverty over the 
        past 30 years, as measured by the 1990, 2000 and 2010 Island 
        Areas Decennial Censuses, or equivalent data, of the Bureau of 
        the Census.

                        Internal Revenue Service

                            taxpayer services

    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, filing 
and account services, taxpayer advocacy services, and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $2,780,606,000, of which not to exceed $100,000,000 shall 
remain available until September 30, 2023, of which not less than 
$11,000,000 shall be for the Tax Counseling for the Elderly Program, of 
which not less than $13,000,000 shall be available for low-income 
taxpayer clinic grants, of which not less than $30,000,000, to remain 
available until September 30, 2023, shall be available for the Community 
Volunteer

[[Page 136 STAT. 245]]

Income Tax Assistance Matching Grants Program for tax return preparation 
assistance, and of which not less than $221,000,000 shall be available 
for operating expenses of the Taxpayer Advocate Service:  Provided, That 
of the amounts made available for the Taxpayer Advocate Service, not 
less than $5,500,000 shall be for identity theft and refund fraud 
casework.

                               enforcement

    For necessary expenses for tax enforcement activities of the 
Internal Revenue Service to determine and collect owed taxes, to provide 
legal and litigation support, to conduct criminal investigations, to 
enforce criminal statutes related to violations of internal revenue laws 
and other financial crimes, to purchase and hire passenger motor 
vehicles (31 U.S.C. 1343(b)), and to provide other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $5,437,622,000, of which not to exceed $250,000,000 shall 
remain available until September 30, 2023; of which not less than 
$60,257,000 shall be for the Interagency Crime and Drug Enforcement 
program; of which not to exceed $21,000,000 shall be for investigative 
technology for the Criminal Investigation Division; and of which not 
more than $75,000,000 shall be available to address the Internal Revenue 
Service's paper inventory of amended returns, correspondence and 
adjustments to return filings:  Provided, That the amount made available 
for addressing paper inventory shall be in addition to amounts made 
available for such purpose under the ``Taxpayer Services'' heading:  
Provided further, That the amount made available for investigative 
technology for the Criminal Investigation Division shall be in addition 
to amounts made available for the Criminal Investigation Division under 
the ``Operations Support'' heading.

                           operations support

    For necessary expenses of the Internal Revenue Service to support 
taxpayer services and enforcement programs, including rent payments; 
facilities services; printing; postage; physical security; headquarters 
and other IRS-wide administration activities; research and statistics of 
income; telecommunications; information technology development, 
enhancement, operations, maintenance, and security; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the 
Internal Revenue Service Oversight Board; and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall 
remain available until September 30, 2023; of which not to exceed 
$10,000,000 shall remain available until expended for acquisition of 
equipment and construction, repair and renovation of facilities; of 
which not to exceed $1,000,000 shall remain available until September 
30, 2024, for research; of which not less than $10,000,000, to remain 
available until expended, shall be available for establishment of an 
application through which entities registering and renewing 
registrations in the System for Award Management may request an 
authenticated electronic certification stating that the entity does or 
does not have a seriously delinquent tax debt; of which not to exceed 
$20,000 shall be for official reception and representation expenses; and 
of which not more than $5,000,000 shall be available to address the 
Internal Revenue Service's paper inventory of amended returns,

[[Page 136 STAT. 246]]

correspondence and adjustments to return filings:  Provided, That the 
amount made available for addressing paper inventory shall be in 
addition to amounts made available for such purpose under the ``Taxpayer 
Services'' heading:  Provided 
further, <<NOTE: Reports. Summaries. Strategies. 26 USC 7801 note.>>  
That not later than 30 days after the end of each quarter, the Internal 
Revenue Service shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate and the 
Comptroller General of the United States detailing major information 
technology investments in the Internal Revenue Service Integrated 
Modernization Business Plan portfolio, including detailed, plain 
language summaries on the status of plans, costs, and results; prior 
results and actual expenditures of the prior quarter; upcoming 
deliverables and costs for the fiscal year; risks and mitigation 
strategies associated with ongoing work; reasons for any cost or 
schedule variances; and total expenditures by fiscal year:  Provided 
further, <<NOTE: Summaries.>>  That the Internal Revenue Service shall 
include, in its budget justification for fiscal year 2023, a summary of 
cost and schedule performance information for its major information 
technology systems.

                     business systems modernization

    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $275,000,000, to remain available until 
September 30, 2024, and shall be for the capital asset acquisition of 
information technology systems, including management and related 
contractual costs of said acquisitions, including related Internal 
Revenue Service labor costs, and contractual costs associated with 
operations authorized by 5 U.S.C. 3109:  Provided, That 
not <<NOTE: Reports. Summaries. Strategies. 26 USC 7801 note.>> later 
than 30 days after the end of each quarter, the Internal Revenue Service 
shall submit a report to the Committees on Appropriations of the House 
of Representatives and the Senate and the Comptroller General of the 
United States detailing major information technology investments in the 
Internal Revenue Service Integrated Modernization Business Plan 
portfolio, including detailed, plain language summaries on the status of 
plans, costs, and results; prior results and actual expenditures of the 
prior quarter; upcoming deliverables and costs for the fiscal year; 
risks and mitigation strategies associated with ongoing work; reasons 
for any cost or schedule variances; and total expenditures by fiscal 
year.

           administrative provisions--internal revenue service

                      (including transfer of funds)

    Sec. 101.  <<NOTE: Advance approval.>>  Not to exceed 4 percent of 
the appropriation made available in this Act to the Internal Revenue 
Service under the ``Enforcement'' heading, and not to exceed 5 percent 
of any other appropriation made available in this Act to the Internal 
Revenue Service, may be transferred to any other Internal Revenue 
Service appropriation upon the advance approval of the Committees on 
Appropriations of the House of Representatives and the Senate.

    Sec. 102.  The Internal Revenue Service shall maintain an employee 
training program, which shall include the following topics: taxpayers' 
rights, dealing courteously with taxpayers, cross-cultural relations, 
ethics, and the impartial application of tax law.

[[Page 136 STAT. 247]]

    Sec. 103.  <<NOTE: Procedures. Confidentiality. Identify theft.>>  
The Internal Revenue Service shall institute and enforce policies and 
procedures that will safeguard the confidentiality of taxpayer 
information and protect taxpayers against identity theft.

    Sec. 104.  Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make 
improvements to the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to enhance the response time 
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
    Sec. 105.  <<NOTE: Notice.>>  The Internal Revenue Service shall 
issue a notice of confirmation of any address change relating to an 
employer making employment tax payments, and such notice shall be sent 
to both the employer's former and new address and an officer or employee 
of the Internal Revenue Service shall give special consideration to an 
offer-in-compromise from a taxpayer who has been the victim of fraud by 
a third party payroll tax preparer.

    Sec. 106.  None of the funds made available under this Act may be 
used by the Internal Revenue Service to target citizens of the United 
States for exercising any right guaranteed under the First Amendment to 
the Constitution of the United States.
    Sec. 107.  None of the funds made available in this Act may be used 
by the Internal Revenue Service to target groups for regulatory scrutiny 
based on their ideological beliefs.
    Sec. 108.  None of funds made available by this Act to the Internal 
Revenue Service shall be obligated or expended on conferences that do 
not adhere to the procedures, verification processes, documentation 
requirements, and policies issued by the Chief Financial Officer, Human 
Capital Office, and Agency-Wide Shared Services as a result of the 
recommendations in the report published on May 31, 2013, by the Treasury 
Inspector General for Tax Administration entitled ``Review of the August 
2010 Small Business/Self-Employed Division's Conference in Anaheim, 
California'' (Reference Number 2013-10-037).
    Sec. 109.  None of the funds made available in this Act to the 
Internal Revenue Service may be obligated or expended--
            (1) to make a payment to any employee under a bonus, award, 
        or recognition program; or
            (2) under any hiring or personnel selection process with 
        respect to re-hiring a former employee;

unless such program or process takes into account the conduct and 
Federal tax compliance of such employee or former employee.
    Sec. 110.  None of the funds made available by this Act may be used 
in contravention of section 6103 of the Internal Revenue Code of 1986 
(relating to confidentiality and disclosure of returns and return 
information).
    Sec. 111.  The Secretary of the Treasury (or the Secretary's 
delegate) may use the funds made available in this Act, subject to such 
policies as the Secretary (or the Secretary's delegate) may establish, 
to utilize direct hire authority to recruit and appoint qualified 
applicants, without regard to any notice or preference requirements, 
directly to positions in the competitive service to process backlogged 
tax returns and return information.

[[Page 136 STAT. 248]]

          Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

    Sec. 112.  <<NOTE: Contracts.>>  Appropriations to the Department of 
the Treasury in this Act shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901), including maintenance, 
repairs, and cleaning; purchase of insurance for official motor vehicles 
operated in foreign countries; purchase of motor vehicles without regard 
to the general purchase price limitations for vehicles purchased and 
used overseas for the current fiscal year; entering into contracts with 
the Department of State for the furnishing of health and medical 
services to employees and their dependents serving in foreign countries; 
and services authorized by 5 U.S.C. 3109.

    Sec. 113.  <<NOTE: Advance approval.>>  Not to exceed 2 percent of 
any appropriations in this title made available under the headings 
``Departmental Offices--Salaries and Expenses'', ``Office of Inspector 
General'', ``Special Inspector General for the Troubled Asset Relief 
Program'', ``Financial Crimes Enforcement Network'', ``Bureau of the 
Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' may 
be transferred between such appropriations upon the advance approval of 
the Committees on Appropriations of the House of Representatives and the 
Senate:  Provided, That no transfer under this section may increase or 
decrease any such appropriation by more than 2 percent.

    Sec. 114.  <<NOTE: Advance approval.>>  Not to exceed 2 percent of 
any appropriation made available in this Act to the Internal Revenue 
Service may be transferred to the Treasury Inspector General for Tax 
Administration's appropriation upon the advance approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided, That no transfer may increase or decrease any such 
appropriation by more than 2 percent.

    Sec. 115.  None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 116.  The Secretary of the Treasury may transfer funds from the 
``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt 
Collection Fund as necessary to cover the costs of debt collection:  
Provided, <<NOTE: Reimbursement.>>  That such amounts shall be 
reimbursed to such salaries and expenses account from debt collections 
received in the Debt Collection Fund.

    Sec. 117.  <<NOTE: Approval requirement.>>  None of the funds 
appropriated or otherwise made available by this or any other Act may be 
used by the United States Mint to construct or operate any museum 
without the explicit approval of the Committees on Appropriations of the 
House of Representatives and the Senate, the House Committee on 
Financial Services, and the Senate Committee on Banking, Housing, and 
Urban Affairs.

    Sec. 118.  <<NOTE: Approval requirement.>>  None of the funds 
appropriated or otherwise made available by this or any other Act or 
source to the Department of the Treasury, the Bureau of Engraving and 
Printing, and the United States Mint, individually or collectively, may 
be used to consolidate any or all functions of the Bureau of Engraving 
and Printing and the United States Mint without the explicit approval

[[Page 136 STAT. 249]]

of the House Committee on Financial Services; the Senate Committee on 
Banking, Housing, and Urban Affairs; and the Committees on 
Appropriations of the House of Representatives and the Senate.

    Sec. 119.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2022 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2022.
    Sec. 120.  Not to exceed $5,000 shall be made available from the 
Bureau of Engraving and Printing's Industrial Revolving Fund for 
necessary official reception and representation expenses.
    Sec. 121.  <<NOTE: Plan. Deadline.>>  The Secretary of the Treasury 
shall submit a Capital Investment Plan to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than 30 days following the submission of the annual budget submitted by 
the President:  Provided, That such Capital Investment Plan shall 
include capital investment spending from all accounts within the 
Department of the Treasury, including but not limited to the Department-
wide Systems and Capital Investment Programs account, Treasury Franchise 
Fund account, and the Treasury Forfeiture Fund account:  Provided 
further, That such Capital Investment Plan shall include expenditures 
occurring in previous fiscal years for each capital investment project 
that has not been fully completed.

    Sec. 122.  <<NOTE: Reports.>>  Within 45 days after the date of 
enactment of this Act, the Secretary of the Treasury shall submit an 
itemized report to the Committees on Appropriations of the House of 
Representatives and the Senate on the amount of total funds charged to 
each office by the Franchise Fund including the amount charged for each 
service provided by the Franchise Fund to each office, a detailed 
description of the services, a detailed explanation of how each charge 
for each service is calculated, and a description of the role customers 
have in governing in the Franchise Fund.

    Sec. 123.  <<NOTE: Non profit organizations.>>  During fiscal year 
2022--
            (1) none of the funds made available in this or any other 
        Act may be used by the Department of the Treasury, including the 
        Internal Revenue Service, to issue, revise, or finalize any 
        regulation, revenue ruling, or other guidance not limited to a 
        particular taxpayer relating to the standard which is used to 
        determine whether an organization is operated exclusively for 
        the promotion of social welfare for purposes of section 
        501(c)(4) of the Internal Revenue Code of 1986 (including the 
        proposed regulations published at 78 Fed. Reg. 71535 (November 
        29, 2013)); and
            (2) <<NOTE: Applicability. Determination.>>  the standard 
        and definitions as in effect on January 1, 2010, which are used 
        to make such determinations shall apply after the date of the 
        enactment of this Act for purposes of determining status under 
        section 501(c)(4) of such Code of organizations created on, 
        before, or after such date.

    Sec. 124. (a) <<NOTE: Reports.>>  Not later than 60 days after the 
end of each quarter, the Office of Financial Stability and the Office of 
Financial Research shall submit reports on their activities to the 
Committees on Appropriations of the House of Representatives and the 
Senate,

[[Page 136 STAT. 250]]

the Committee on Financial Services of the House of Representatives and 
the Senate Committee on Banking, Housing, and Urban Affairs.

    (b) The reports required under subsection (a) shall include--
            (1) the obligations made during the previous quarter by 
        object class, office, and activity;
            (2) <<NOTE: Estimate.>>  the estimated obligations for the 
        remainder of the fiscal year by object class, office, and 
        activity;
            (3) the number of full-time equivalents within each office 
        during the previous quarter;
            (4) <<NOTE: Estimate.>>  the estimated number of full-time 
        equivalents within each office for the remainder of the fiscal 
        year; and
            (5) actions taken to achieve the goals, objectives, and 
        performance measures of each office.

    (c) <<NOTE: Testimony.>>  At the request of any such Committees 
specified in subsection (a), the Office of Financial Stability and the 
Office of Financial Research shall make officials available to testify 
on the contents of the reports required under subsection (a).

    Sec. 125.  In addition to amounts otherwise available, there is 
appropriated to the Special Inspector General for Pandemic Recovery, 
$8,000,000, to remain available until expended, for necessary expenses 
in carrying out section 4018 of the Coronavirus Aid, Relief, and 
Economic Security Act of 2020 (Public Law 116-136).
    This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2022''.

  TITLE <<NOTE: Executive Office of the President Appropriations Act, 
2022.>>  II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                             The White House

                          salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, and travel (not to 
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 
103); and not to exceed $19,000 for official reception and 
representation expenses, to be available for allocation within the 
Executive Office of the President; and for necessary expenses of the 
Office of Policy Development, including services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 107, $65,000,000.

                 Executive Residence at the White House

                           operating expenses

    For necessary expenses of the Executive Residence at the White 
House, $14,050,000, to be expended and accounted for as provided by 3 
U.S.C. 105, 109, 110, and 112-114.

[[Page 136 STAT. 251]]

                          reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary:  Provided, That all 
reimbursable operating expenses of the Executive Residence shall be made 
in accordance with the provisions of this paragraph:  Provided further, 
That, notwithstanding any other provision of law, such amount for 
reimbursable operating expenses shall be the exclusive authority of the 
Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses:  Provided further, 
That <<NOTE: Requirement. Advance payment.>> the Executive Residence 
shall require each person sponsoring a reimbursable political event to 
pay in advance an amount equal to the estimated cost of the event, and 
all such advance payments shall be credited to this account and remain 
available until expended:  Provided further, <<NOTE: Requirement.>> That 
the Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year:  Provided further, That <<NOTE: Notice. Deadlines.>> the 
Executive Residence shall ensure that a written notice of any amount 
owed for a reimbursable operating expense under this paragraph is 
submitted to the person owing such amount within 60 days after such 
expense is incurred, and that such amount is collected within 30 days 
after the submission of such notice:  Provided 
further, <<NOTE: Penalties. Deadline.>>  That the Executive Residence 
shall charge interest and assess penalties and other charges on any such 
amount that is not reimbursed within such 30 days, in accordance with 
the interest and penalty provisions applicable to an outstanding debt on 
a United States Government claim under 31 U.S.C. 3717:  Provided 
further, That each such amount that is reimbursed, and any accompanying 
interest and charges, shall be deposited in the Treasury as 
miscellaneous receipts:  Provided further, <<NOTE: Reports.>>  That the 
Executive Residence shall prepare and submit to the Committees on 
Appropriations, by not later than 90 days after the end of the fiscal 
year covered by this Act, a report setting forth the reimbursable 
operating expenses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, the amount of 
such total that consists of reimbursable official and ceremonial events, 
the amount of such total that consists of reimbursable political events, 
and the portion of each such amount that has been reimbursed as of the 
date of the report:  Provided further, <<NOTE: Records.>>  That the 
Executive Residence shall maintain a system for the tracking of expenses 
related to reimbursable events within the Executive Residence that 
includes a standard for the classification of any such expense as 
political or nonpolitical:  Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,500,000, to 
remain available until expended, for required maintenance, resolution of 
safety and health issues, and continued preventative maintenance.

[[Page 136 STAT. 252]]

                      Council of Economic Advisers

                          salaries and expenses

    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021 et seq.), $4,120,000.

         National Security Council and Homeland Security Council

                          salaries and expenses

    For necessary expenses of the National Security Council and the 
Homeland Security Council, including services as authorized by 5 U.S.C. 
3109, $12,500,000, of which not to exceed $6,000 shall be available for 
official reception and representation expenses.

                        Office of Administration

                          salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $106,500,000, of which not to exceed 
$12,800,000 shall remain available until expended for continued 
modernization of information resources within the Executive Office of 
the President:  Provided, That of the amounts provided under this 
heading, up to $4,500,000 shall be available for a program to provide 
payments (such as stipends, subsistence allowances, cost reimbursements, 
or awards) to students, recent graduates, and veterans recently 
discharged from active duty who are performing voluntary services in the 
Executive Office of the President under section 3111(b) of title 5, 
United States Code, or comparable authority and shall be in addition to 
amounts otherwise available to pay or compensate such individuals:  
Provided further, That such payments shall not be considered 
compensation for purposes of such section 3111(b) and may be paid in 
advance.

                     Office of Management and Budget

                          salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44, 
United States Code, and to prepare and submit the budget of the United 
States Government, in accordance with section 1105(a) of title 31, 
United States Code, $116,000,000, of which not to exceed $3,000 shall be 
available for official representation expenses:  Provided, That none of 
the funds appropriated in this Act for the Office of Management and 
Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.):  Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and

[[Page 136 STAT. 253]]

Budget, before the Committees on Appropriations or their subcommittees:  
Provided further, That none of the funds made available for the Office 
of Management and Budget by this Act may be expended for the altering of 
the annual work plan developed by the Corps of Engineers for submission 
to the Committees on Appropriations:  Provided further, That none of the 
funds provided in this or prior Acts shall be used, directly or 
indirectly, by the Office of Management and Budget, for evaluating or 
determining if water resource project or study reports submitted by the 
Chief of Engineers acting through the Secretary of the Army are in 
compliance with all applicable laws, regulations, and requirements 
relevant to the Civil Works water resource planning process:  Provided 
further, That <<NOTE: Deadline. Policy reviews.>> the Office of 
Management and Budget shall have not more than 60 days in which to 
perform budgetary policy reviews of water resource matters on which the 
Chief of Engineers has reported:  Provided 
further, <<NOTE: Notification.>>  That the Director of the Office of 
Management and Budget shall notify the appropriate authorizing and 
appropriating committees when the 60-day review is initiated:  Provided 
further, <<NOTE: Reports.>>  That if water resource reports have not 
been transmitted to the appropriate authorizing and appropriating 
committees within 15 days after the end of the Office of Management and 
Budget review period based on the notification from the Director, 
Congress shall assume Office of Management and Budget concurrence with 
the report and act accordingly:  Provided 
further, <<NOTE: Deadline. Public information. Web posting. List.>>  
That no later than 14 days after the submission of the budget of the 
United States Government for fiscal year 2023, the Director of the 
Office of Management and Budget shall make publicly available on a 
website a tabular list for each agency that submits budget justification 
materials (as defined in section 3 of the Federal Funding Accountability 
and Transparency Act of 2006) that shall include, at minimum, the name 
of the agency, the date on which the budget justification materials of 
the agency were submitted to Congress, and a uniform resource locator 
where the budget justification materials are published on the website of 
the agency.

              Intellectual Property Enforcement Coordinator

    For necessary expenses of the Office of the Intellectual Property 
Enforcement Coordinator, as authorized by title III of the Prioritizing 
Resources and Organization for Intellectual Property Act of 2008 (Public 
Law 110-403), including services authorized by 5 U.S.C. 3109, 
$1,838,000.

                 Office of National Drug Control Policy

                          salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998, as amended; not to exceed 
$10,000 for official reception and representation expenses; and for 
participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $18,952,000:  
Provided, <<NOTE: 21 USC 1702 note.>>  That the Office is authorized to 
accept, hold, administer, and utilize gifts, both real and personal, 
public and

[[Page 136 STAT. 254]]

private, without fiscal year limitation, for the purpose of aiding or 
facilitating the work of the Office.

                      federal drug control programs

              high intensity drug trafficking areas program

                     (including transfers of funds)

     <<NOTE: Deadline.>> For necessary expenses of the Office of 
National Drug Control Policy's High Intensity Drug Trafficking Areas 
Program, $296,600,000, to remain available until September 30, 2023, for 
drug control activities consistent with the approved strategy for each 
of the designated High Intensity Drug Trafficking Areas (``HIDTAs''), of 
which not less than 51 percent shall be transferred to State and local 
entities for drug control activities and shall be obligated not later 
than 120 days after enactment of this Act:  Provided, That up to 49 
percent may be transferred to Federal agencies and departments in 
amounts determined by the Director of the Office of National Drug 
Control Policy, of which up to $5,800,000 may be used for auditing 
services and associated activities and $3,500,000 shall be for a new 
Grants Management System for use by the Office of National Drug Control 
Policy:  Provided further, That any unexpended funds obligated prior to 
fiscal year 2020 may be used for any other approved activities of that 
HIDTA, subject to reprogramming requirements:  Provided 
further, <<NOTE: Submission.>>  That each HIDTA designated as of 
September 30, 2021, shall be funded at not less than the fiscal year 
2021 base level, unless the Director submits to the Committees on 
Appropriations of the House of Representatives and the Senate 
justification for changes to those levels based on clearly articulated 
priorities and published Office of National Drug Control Policy 
performance measures of effectiveness:  Provided 
further, <<NOTE: Notification. Deadlines. Determination. Consultation.>> 
 That the Director shall notify the Committees on Appropriations of the 
initial allocation of fiscal year 2022 funding among HIDTAs not later 
than 45 days after enactment of this Act, and shall notify the 
Committees of planned uses of discretionary HIDTA funding, as determined 
in consultation with the HIDTA Directors, not later than 90 days after 
enactment of this Act:  Provided 
further, <<NOTE: Determination. Notification.>>  That upon a 
determination that all or part of the funds so transferred from this 
appropriation are not necessary for the purposes provided herein and 
upon notification to the Committees on Appropriations of the House of 
Representatives and the Senate, such amounts may be transferred back to 
this appropriation.

                   other federal drug control programs

                     (including transfers of funds)

    For other drug control activities authorized by the Anti-Drug Abuse 
Act of 1988 and the Office of National Drug Control Policy 
Reauthorization Act of 1998, as amended, $133,617,000, to remain 
available until expended, which shall be available as follows: 
$106,000,000 for the Drug-Free Communities Program, of which not more 
than $11,250,000 is for administrative expenses, and of which $2,500,000 
shall be made available as directed by section 4 of Public Law 107-82, 
as amended by section 8204 of Public Law 115-271; $3,000,000 for drug 
court training and technical

[[Page 136 STAT. 255]]

assistance; $15,000,000 for anti-doping activities; up to $3,167,000 for 
the United States membership dues to the World Anti-Doping Agency; 
$1,250,000 for the Model Acts Program; and $5,200,000 for activities 
authorized by section 103 of Public Law 114-198:  Provided, That amounts 
made available under this heading may be transferred to other Federal 
departments and agencies to carry out such activities:  Provided 
further, <<NOTE: Time period. Spending plan.>>  That the Director of the 
Office of National Drug Control Policy shall, not fewer than 30 days 
prior to obligating funds under this heading for United States 
membership dues to the World Anti-Doping Agency, submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a spending plan and explanation of the proposed uses of these 
funds.

                           Unanticipated Needs

    For expenses necessary to enable the President to meet unanticipated 
needs, in furtherance of the national interest, security, or defense 
which may arise at home or abroad during the current fiscal year, as 
authorized by 3 U.S.C. 108, $1,000,000, to remain available until 
September 30, 2023.

               Information Technology Oversight and Reform

                      (including transfer of funds)

    For necessary expenses for the furtherance of integrated, efficient, 
secure, and effective uses of information technology in the Federal 
Government, $8,000,000, to remain available until expended:  Provided, 
That the Director of the Office of Management and Budget may transfer 
these funds to one or more other agencies to carry out projects to meet 
these purposes.

                   Special Assistance to the President

                          salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,839,000.

                Official Residence of the Vice President

                           operating expenses

                      (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 pursuant to 3 U.S.C. 106(b)(2), $311,000:  Provided, That 
advances, repayments, or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

[[Page 136 STAT. 256]]

 Administrative Provisions--Executive Office of the President and Funds 
                      Appropriated to the President

                      (including transfer of funds)

    Sec. 201.  <<NOTE: Advance approval.>>  From funds made available in 
this Act under the headings ``The White House'', ``Executive Residence 
at the White House'', ``White House Repair and Restoration'', ``Council 
of Economic Advisers'', ``National Security Council and Homeland 
Security Council'', ``Office of Administration'', ``Special Assistance 
to the President'', and ``Official Residence of the Vice President'', 
the Director of the Office of Management and Budget (or such other 
officer as the President may designate in writing), may, with advance 
approval of the Committees on Appropriations of the House of 
Representatives and the Senate, transfer not to exceed 10 percent of any 
such appropriation to any other such appropriation, to be merged with 
and available for the same time and for the same purposes as the 
appropriation to which transferred:  Provided, That the amount of an 
appropriation shall not be increased by more than 50 percent by such 
transfers:  Provided further, <<NOTE: Approval requirement.>> That no 
amount shall be transferred from ``Special Assistance to the President'' 
or ``Official Residence of the Vice President'' without the approval of 
the Vice President.

    Sec. 202. (a) <<NOTE: President. Budget statement. Cost 
estimates.>>  During fiscal year 2022, any Executive order or 
Presidential memorandum issued or revoked by the President shall be 
accompanied by a written statement from the Director of the Office of 
Management and Budget on the budgetary impact, including costs, 
benefits, and revenues, of such order or memorandum.

    (b) <<NOTE: Time period.>>  Any such statement shall include--
            (1) <<NOTE: Summary.>>  a narrative summary of the budgetary 
        impact of such order or memorandum on the Federal Government;
            (2) the impact on mandatory and discretionary obligations 
        and outlays as the result of such order or memorandum, listed by 
        Federal agency, for each year in the 5-fiscal-year period 
        beginning in fiscal year 2022; and
            (3) the impact on revenues of the Federal Government as the 
        result of such order or memorandum over the 5-fiscal-year period 
        beginning in fiscal year 2022.

    (c) <<NOTE: Deadline.>>  If an Executive order or Presidential 
memorandum is issued during fiscal year 2022 due to a national 
emergency, the Director of the Office of Management and Budget may issue 
the statement required by subsection (a) not later than 15 days after 
the date that such order or memorandum is issued.

    (d) <<NOTE: Applicability.>>  The requirement for cost estimates for 
Presidential memoranda shall only apply for Presidential memoranda 
estimated to have a regulatory cost in excess of $100,000,000.

    Sec. 203.  <<NOTE: Deadline. Memorandum. Compliance.>>  Not later 
than 30 days after the date of enactment of this Act, the Director of 
the Office of Management and Budget shall issue a memorandum to all 
Federal departments, agencies, and corporations directing compliance 
with the provisions in title VII of this Act.

    Sec. 204. <<NOTE: Effective date. Apportionment. Deadlines.>>  (a) 
Beginning not later than 10 days after the date of enactment of this Act 
and until the requirements of subsection (b) are completed, the Office 
of Management and Budget shall provide to the Committees on 
Appropriations and the Budget of

[[Page 136 STAT. 257]]

the House of Representatives and the Senate each document apportioning 
an appropriation, pursuant to section 1513(b) of title 31, United States 
Code, approved by the Office of Management and Budget, including any 
associated footnotes, not later than 2 business days after the date of 
approval of such apportionment by the Office of Management and Budget.

    (b) <<NOTE: Web posting. Reports. 31 USC 1513 note.>>  Not later 
than 120 days after the date of enactment of this Act, the Office of 
Management and Budget shall complete implementation of an automated 
system to post each document apportioning an appropriation, pursuant to 
section 1513(b) of title 31, United States Code, including any 
associated footnotes, in a format that qualifies each such document as 
an Open Government Data Asset (as defined in section 3502 of title 44, 
United States Code), not later than 2 business days after the date of 
approval of such apportionment, and shall place on such website each 
document apportioning an appropriation, pursuant to such section 
1513(b), including any associated footnotes, already approved the 
current fiscal year, and shall report the date of completion of such 
requirements to the Committees on Appropriations and the Budget of the 
House of Representatives and Senate.

    (c) Each document apportioning an appropriation pursuant to section 
1513(b) of title 31, United States Code, that is posted on a publicly 
accessible website pursuant to such section shall also include a written 
explanation by the official approving each such apportionment stating 
the rationale for any footnotes for apportioned amounts:  
Provided, <<NOTE: Classified information.>>  That the Office of 
Management and Budget or the applicable department or agency shall make 
available classified documentation referenced in any apportionment at 
the request of the chair or ranking member of any appropriate 
congressional committee or subcommittee.

    (d)(1) <<NOTE: Federal Register, publications.>>  Not later than 15 
days after the date of enactment of this Act, any delegation of 
apportionment authority pursuant to section 1513(b) of title 31, United 
States Code, that is in effect as of such date shall be submitted for 
publication in the Federal Register:  Provided, That any delegation of 
such apportionment authority after the date of enactment of this section 
shall, on the date of such delegation, be submitted for publication in 
the Federal Register:  Provided further, <<NOTE: Web posting. Public 
information. Updates.>>  That the Office of Management and Budget shall 
publish such delegations in a format that qualifies such publications as 
an Open Government Data Asset (as defined in section 3502 of title 44, 
United States Code) on a public Internet website, which shall be 
continuously updated with the position of each Federal officer or 
employee to whom apportionment authority has been delegated.

    (2) <<NOTE: Reports.>>  Not later than 5 days after any change in 
the position of the approving official with respect to such delegated 
apportionment authority for any account is made, the Office shall submit 
a report to the appropriate congressional committees explaining why such 
change was made.

    This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2022''.

[[Page 136 STAT. 258]]

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

                              THE JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344; not to exceed $10,000 for official reception and representation 
expenses; and for miscellaneous expenses, to be expended as the Chief 
Justice may approve, $98,338,000, of which $1,500,000 shall remain 
available until expended.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief justice and associate 
justices of the court.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect by 40 
U.S.C. 6111 and 6112, $14,434,000, to remain available until expended.

         United States Court of Appeals for the Federal Circuit

                          salaries and expenses

    For salaries of officers and employees, and for necessary expenses 
of the court, as authorized by law, $34,280,000.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief judge and judges of the 
court.

               United States Court of International Trade

                          salaries and expenses

    For salaries of officers and employees of the court, services, and 
necessary expenses of the court, as authorized by law, $20,600,000.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief judge and judges of the 
court.

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

    For the salaries of judges of the United States Court of Federal 
Claims, magistrate judges, and all other officers and employees of the 
Federal Judiciary not otherwise specifically provided for, necessary 
expenses of the courts, and the purchase, rental, repair, and cleaning 
of uniforms for Probation and Pretrial Services Office staff, as 
authorized by law, $5,580,052,000 (including the purchase

[[Page 136 STAT. 259]]

of firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of circuit and district judges 
(including judges of the territorial courts of the United States), 
bankruptcy judges, and justices and judges retired from office or from 
regular active service.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$9,850,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.

                            defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under 18 U.S.C. 3006A and 3599, and for the 
compensation and reimbursement of expenses of persons furnishing 
investigative, expert, and other services for such representations as 
authorized by law; the compensation (in accordance with the maximums 
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys 
appointed to assist the court in criminal cases where the defendant has 
waived representation by counsel; the compensation and reimbursement of 
expenses of attorneys appointed to represent jurors in civil actions for 
the protection of their employment, as authorized by 28 U.S.C. 
1875(d)(1); the compensation and reimbursement of expenses of attorneys 
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial 
civil forfeiture proceedings; the compensation and reimbursement of 
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b); 
and for necessary training and general administrative expenses, 
$1,343,175,000, to remain available until expended.

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71.1(h)), $32,603,000, to remain available until 
expended:  Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 5 
U.S.C. 5332.

                             court security

                      (including transfer of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses and 
other facilities housing Federal court or Administrative Office of the 
United States Courts operations, the procurement, installation, and 
maintenance of security systems and equipment for United States 
courthouses and other facilities housing

[[Page 136 STAT. 260]]

Federal court or Administrative Office of the United States Courts 
operations, building ingress-egress control, inspection of mail and 
packages, directed security patrols, perimeter security, basic security 
services provided by the Federal Protective Service, and other similar 
activities as authorized by section 1010 of the Judicial Improvement and 
Access to Justice Act (Public Law 100-702), $704,800,000, of which not 
to exceed $20,000,000 shall remain available until expended, to be 
expended directly or transferred to the United States Marshals Service, 
which shall be responsible for administering the Judicial Facility 
Security Program consistent with standards or guidelines agreed to by 
the Director of the Administrative Office of the United States Courts 
and the Attorney General:  Provided, That funds made available under 
this heading may be used for managing a Judiciary-wide program to 
facilitate security and emergency management services among the 
Judiciary, United States Marshals Service, Federal Protective Service, 
General Services Administration, other Federal agencies, state and local 
governments and the public; and, notwithstanding sections 331, 
566(e)(1), and 566(i) of title 28, United States Code, for identifying 
and pursuing the voluntary redaction and reduction of personally 
identifiable information on the internet of judges and other familial 
relatives who live at the judge's domicile.

            Administrative Office of the United States Courts

                          salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 31 
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $98,545,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                         Federal Judicial Center

                          salaries and expenses

    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $29,885,000; of which $1,800,000 shall remain 
available through September 30, 2023, to provide education and training 
to Federal court personnel; and of which not to exceed $1,500 is 
authorized for official reception and representation expenses.

                   United States Sentencing Commission

                          salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $20,564,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

[[Page 136 STAT. 261]]

                Administrative Provisions--the Judiciary

                      (including transfer of funds)

    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers:  Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 604 and 608 of this Act and shall 
not be available for obligation or expenditure except in compliance with 
the procedures set forth in section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, and 
Other Judicial Services'' shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
 Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. 304.  <<NOTE: Applicability.>>  Section 3315(a) of title 40, 
United States Code, shall be applied by substituting ``Federal'' for 
``executive'' each place it appears.

    Sec. 305.  <<NOTE: Consultation.>>  In accordance with 28 U.S.C. 
561-569, and notwithstanding any other provision of law, the United 
States Marshals Service shall provide, for such courthouses as its 
Director may designate in consultation with the Director of the 
Administrative Office of the United States Courts, for purposes of a 
pilot program, the security services that 40 U.S.C. 1315 authorizes the 
Department of Homeland Security to provide, except for the services 
specified in 40 U.S.C. 1315(b)(2)(E). <<NOTE: Reimbursement.>>  For 
building-specific security services at these courthouses, the Director 
of the Administrative Office of the United States Courts shall reimburse 
the United States Marshals Service rather than the Department of 
Homeland Security.

    Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of 
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter 
following paragraph 12--
            (1) in the second sentence (relating to the District of 
        Kansas), by striking ``30 years and 6 months'' and inserting 
        ``31 years and 6 months''; and
            (2) in the sixth sentence (relating to the District of 
        Hawaii), by striking ``27 years and 6 months'' and inserting 
        ``28 years and 6 months''.

    (b) Section 406 of the Transportation, Treasury, Housing and Urban 
Development, the Judiciary, the District of Columbia, and Independent 
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470; 
28 U.S.C. 133 note) is amended in the second sentence (relating to the 
eastern District of Missouri) by striking ``28 years and 6 months'' and 
inserting ``29 years and 6 months''.

[[Page 136 STAT. 262]]

    (c) Section 312(c)(2) of the 21st Century Department of Justice 
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 
note), is amended--
            (1) in the first sentence by striking ``19 years'' and 
        inserting ``20 years'';
            (2) in the second sentence (relating to the central District 
        of California), by striking ``18 years and 6 months'' and 
        inserting ``19 years and 6 months''; and
            (3) in the third sentence (relating to the western district 
        of North Carolina), by striking ``17 years'' and inserting ``18 
        years''.

    This title may be cited as the ``Judiciary Appropriations Act, 
2022''.

TITLE <<NOTE: District of Columbia Appropriations Act, 2022.>>  IV

                          DISTRICT OF COLUMBIA

                              Federal Funds

              federal payment for resident tuition support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered by 
the Mayor, for District of Columbia resident tuition support, 
$40,000,000, to remain available until expended:  Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education:  Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized:  Provided 
further, <<NOTE: Account.>>  That the District of Columbia government 
shall maintain a dedicated account for the Resident Tuition Support 
Program that shall consist of the Federal funds appropriated to the 
Program in this Act and any subsequent appropriations, any unobligated 
balances from prior fiscal years, and any interest earned in this or any 
fiscal year:  Provided further, That the account shall be under the 
control of the District of Columbia Chief Financial Officer, who shall 
use those funds solely for the purposes of carrying out the Resident 
Tuition Support Program:  Provided further, <<NOTE: Reports.>>  That the 
Office of the Chief Financial Officer shall provide a quarterly 
financial report to the Committees on Appropriations of the House of 
Representatives and the Senate for these funds showing, by object class, 
the expenditures made and the purpose therefor.

    federal payment for emergency planning and security costs in the 
                          district of columbia

    For a Federal payment of necessary expenses, as determined by the 
Mayor of the District of Columbia in written consultation with the 
elected county or city officials of surrounding jurisdictions, 
$25,000,000, to remain available until expended, for the costs of 
providing public safety at events related to the presence of the 
National Capital in the District of Columbia, including support

[[Page 136 STAT. 263]]

requested by the Director of the United States Secret Service in 
carrying out protective duties under the direction of the Secretary of 
Homeland Security, and for the costs of providing support to respond to 
immediate and specific terrorist threats or attacks in the District of 
Columbia or surrounding jurisdictions.

           federal payment to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
$257,591,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $14,366,000, of which not to exceed $2,500 is for 
official reception and representation expenses; for the Superior Court 
of the District of Columbia, $133,829,000, of which not to exceed $2,500 
is for official reception and representation expenses; for the District 
of Columbia Court System, $83,443,000, of which not to exceed $2,500 is 
for official reception and representation expenses; and $25,953,000, to 
remain available until September 30, 2023, for capital improvements for 
District of Columbia courthouse facilities:  Provided, That funds made 
available for capital improvements shall be expended consistent with the 
District of Columbia Courts master plan study and facilities condition 
assessment:  Provided further, That, in addition to the amounts 
appropriated herein, fees received by the District of Columbia Courts 
for administering bar examinations and processing District of Columbia 
bar admissions may be retained and credited to this appropriation, to 
remain available until expended, for salaries and expenses associated 
with such activities, notwithstanding section 450 of the District of 
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50):  Provided 
further, <<NOTE: Apportionment. Time period.>>  That notwithstanding any 
other provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of other Federal agencies:  Provided further, That 
30 days <<NOTE: Time period. Notice.>> after providing written notice to 
the Committees on Appropriations of the House of Representatives and the 
Senate, the District of Columbia Courts may reallocate not more than 
$9,000,000 of the funds provided under this heading among the items and 
entities funded under this heading:  Provided further, That 
the <<NOTE: Regulations.>> Joint Committee on Judicial Administration in 
the District of Columbia may, by regulation, establish a program 
substantially similar to the program set forth in subchapter II of 
chapter 35 of title 5, United States Code, for employees of the District 
of Columbia Courts.

  federal payment for defender services in district of columbia courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad litem 
representation, training, technical assistance, and such other services 
as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Official Code, and payments authorized 
under section

[[Page 136 STAT. 264]]

21-2060, D.C. Official Code (relating to services provided under the 
District of Columbia Guardianship, Protective Proceedings, and Durable 
Power of Attorney Act of 1986), $46,005,000, to remain available until 
expended:  Provided, That funds provided under this heading shall be 
administered by the Joint Committee on Judicial Administration in the 
District of Columbia:  Provided further, <<NOTE: Apportionment. Time 
period.>> That, notwithstanding any other provision of law, this 
appropriation shall be apportioned quarterly by the Office of Management 
and Budget and obligated and expended in the same manner as funds 
appropriated for expenses of other Federal agencies.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$286,426,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs, and of which not to exceed $25,000 is 
for dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002:  Provided, That, of the funds appropriated under this heading, 
$206,006,000 shall be for necessary expenses of Community Supervision 
and Sex Offender Registration, to include expenses relating to the 
supervision of adults subject to protection orders or the provision of 
services for or related to such persons, of which $14,747,000 shall 
remain available until September 30, 2024, for costs associated with the 
relocation under replacement leases for headquarters offices, field 
offices and related facilities:  Provided further, That, of the funds 
appropriated under this heading, $80,420,000 shall be available to the 
Pretrial Services Agency, of which $7,304,000 shall remain available 
until September 30, 2024, for costs associated with relocation under a 
replacement lease for headquarters offices, field offices, and related 
facilities:  Provided further, <<NOTE: Apportionment. Time period.>>  
That notwithstanding any other provision of law, all amounts under this 
heading shall be apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner as funds 
appropriated for salaries and expenses of other Federal agencies:  
Provided further, That amounts under this heading may be used for 
programmatic incentives for defendants to successfully complete their 
terms of supervision.

   federal payment to the district of columbia public defender service

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the District of Columbia Public Defender Service, as 
authorized by the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $52,598,000, of which $5,175,000 shall remain 
available until September 30, 2024, for salaries and expenses associated 
with providing representation pursuant to title III of the Comprehensive 
Youth Justice Amendment Act of 2016 (D.C. Law 21-238; D.C. Official 
Code, sec. 24-403.03), as amended by title VI of the Omnibus Public 
Safety and Justice Amendment Act of 2020 (D.C. Law 23-274):  Provided,

[[Page 136 STAT. 265]]

<<NOTE: Apportionment. Time period.>> That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of Federal agencies:  Provided further, That the District of 
Columbia Public Defender Service may establish for employees of the 
District of Columbia Public Defender Service a program substantially 
similar to the program set forth in subchapter II of chapter 35 of title 
5, United States Code, except that the maximum amount of the payment 
made under the program to any individual may not exceed the amount 
referred to in section 3523(b)(3)(B) of title 5, United States Code:  
Provided further, That for the purposes of engaging with, and receiving 
services from, Federal Franchise Fund Programs established in accordance 
with section 403 of the Government Management Reform Act of 1994, as 
amended, the District of Columbia Public Defender Service shall be 
considered an agency of the United States Government:  Provided 
further, <<NOTE: Contracts.>>  That the District of Columbia Public 
Defender Service may enter into contracts for the procurement of 
severable services and multiyear contracts for the acquisition of 
property and services to the same extent and under the same conditions 
as an executive agency under sections 3902 and 3903 of title 41, United 
States Code.

      federal payment to the criminal justice coordinating council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$2,150,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.

                federal payment for judicial commissions

    For a Federal payment, to remain available until September 30, 2023, 
to the Commission on Judicial Disabilities and Tenure, $330,000, and for 
the Judicial Nomination Commission, $288,000.

                 federal payment for school improvement

    For a Federal payment for a school improvement program in the 
District of Columbia, $52,500,000, to remain available until expended, 
for payments authorized under the Scholarships for Opportunity and 
Results Act (division C of Public Law 112-10):  
Provided, <<NOTE: Scholarships.>>  That, to the extent that funds are 
available for opportunity scholarships and following the priorities 
included in section 3006 of such Act, the Secretary of Education shall 
make scholarships available to students eligible under section 3013(3) 
of such Act (Public Law 112-10; 125 Stat. 211) including students who 
were not offered a scholarship during any previous school year:  
Provided further, That within funds provided for opportunity 
scholarships up to $1,750,000 shall be for the activities specified in 
sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be 
for the activities specified in section 3009 of the Act.

       federal payment for the district of columbia national guard

    For a Federal payment to the District of Columbia National Guard, 
$600,000, to remain available until expended for the Major

[[Page 136 STAT. 266]]

General David F. Wherley, Jr. District of Columbia National Guard 
Retention and College Access Program.

          federal payment for testing and treatment of hiv/aids

    For a Federal payment to the District of Columbia for the testing of 
individuals for, and the treatment of individuals with, human 
immunodeficiency virus and acquired immunodeficiency syndrome in the 
District of Columbia, $4,000,000.

  federal payment to the district of columbia water and sewer authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $8,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan:  Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.

                       District of Columbia Funds

    Local funds are appropriated for the District of Columbia for the 
current fiscal year out of the General Fund of the District of Columbia 
(``General Fund'') for programs and activities set forth in the Fiscal 
Year 2022 Local Budget Act of 2021 (D.C. Act 24-173) and at rates set 
forth under such Act, as amended as of the date of enactment of this 
Act:  Provided, That notwithstanding any other provision of law, except 
as provided in section 450A of the District of Columbia Home Rule Act 
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the 
Financial Services and General Government Appropriations Act, 2009 
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of 
this Act, the total amount appropriated in this Act for operating 
expenses for the District of Columbia for fiscal year 2022 under this 
heading shall not exceed the estimates included in the Fiscal Year 2022 
Local Budget Act of 2021, as amended as of the date of enactment of this 
Act or the sum of the total revenues of the District of Columbia for 
such fiscal year:  Provided further, That the amount appropriated may be 
increased by proceeds of one-time transactions, which are expended for 
emergency or unanticipated operating or capital needs:  Provided 
further, <<NOTE: Compliance.>>  That such increases shall be approved by 
enactment of local District law and shall comply with all reserve 
requirements contained in the District of Columbia Home Rule Act:  
Provided further, That the Chief Financial Officer of the District of 
Columbia shall take such steps as are necessary to assure that the 
District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2022, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.

    This title may be cited as the ``District of Columbia Appropriations 
Act, 2022''.

[[Page 136 STAT. 267]]

                                 TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                          salaries and expenses

    For necessary expenses of the Administrative Conference of the 
United States, authorized by 5 U.S.C. 591 et seq., $3,400,000, to remain 
available until September 30, 2023, of which not to exceed $1,000 is for 
official reception and representation expenses.

                   Consumer Product Safety Commission

                          salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 U.S.C. 5376, 
purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $4,000 for 
official reception and representation expenses, $139,050,000, of which 
$2,000,000 shall remain available until expended, to carry out the 
program, including administrative costs, required by section 1405 of the 
Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140; 15 
U.S.C. 8004).

      administrative provision--consumer product safety commission

    Sec. 501.  During fiscal year 2022, none of the amounts made 
available by this Act may be used to finalize or implement the Safety 
Standard for Recreational Off-Highway Vehicles published by the Consumer 
Product Safety Commission in the Federal Register on November 19, 2014 
(79 Fed. Reg. 68964) until after--
            (1) <<NOTE: Consultation. Study. Determination.>>  the 
        National Academy of Sciences, in consultation with the National 
        Highway Traffic Safety Administration and the Department of 
        Defense, completes a study to determine--
                    (A) the technical validity of the lateral stability 
                and vehicle handling requirements proposed by such 
                standard for purposes of reducing the risk of 
                Recreational Off-Highway Vehicle (referred to in this 
                section as ``ROV'') rollovers in the off-road 
                environment, including the repeatability and 
                reproducibility of testing for compliance with such 
                requirements;
                    (B) the number of ROV rollovers that would be 
                prevented if the proposed requirements were adopted;
                    (C) whether there is a technical basis for the 
                proposal to provide information on a point-of-sale 
                hangtag about a ROV's rollover resistance on a 
                progressive scale; and
                    (D) the effect on the utility of ROVs used by the 
                United States military if the proposed requirements were 
                adopted; and
            (2) <<NOTE: Reports.>>  a report containing the results of 
        the study completed under paragraph (1) is delivered to--

[[Page 136 STAT. 268]]

                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (C) the Committee on Appropriations of the Senate; 
                and
                    (D) the Committee on Appropriations of the House of 
                Representatives.

                     Election Assistance Commission

                          salaries and expenses

    For necessary expenses to carry out the Help America Vote Act of 
2002 (Public Law 107-252), $20,000,000, of which $1,500,000 shall be 
made available to the National Institute of Standards and Technology for 
election reform activities authorized under the Help America Vote Act of 
2002.

election security grants <<NOTE: State and local governments.>> 

    Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 
2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided to the Election 
Assistance Commission for necessary expenses to make payments to States 
for activities to improve the administration of elections for Federal 
office, including to enhance election technology and make election 
security improvements, as authorized by sections 101, 103, and 104 of 
such Act:  Provided, <<NOTE: Northern Mariana Islands.>>  That for 
purposes of applying such sections, the Commonwealth of the Northern 
Mariana Islands shall be deemed to be a State and, for purposes of 
sections 101(d)(2) and 103(a) shall be treated in the same manner as the 
Commonwealth of Puerto Rico, Guam, American Samoa, and the United States 
Virgin Islands:  Provided further, That each reference to the 
``Administrator of General Services'' or the ``Administrator'' in 
sections 101 and 103 shall be deemed to refer to the ``Election 
Assistance Commission'':  Provided further, That each reference to 
``$5,000,000'' in section 103 shall be deemed to refer to ``$1,000,000'' 
and each reference to ``$1,000,000'' in section 103 shall be deemed to 
refer to ``$200,000'':  Provided further, <<NOTE: Deadline. Payments.>>  
That not later than 45 days after the date of enactment of this Act, the 
Election Assistance Commission shall make the payments to States under 
this heading:  Provided further, <<NOTE: Deadline.>>  That not later 
than two years after receiving a payment under this heading, a State 
shall make available funds for such activities in an amount equal to 20 
percent of the total amount of the payment made to the State under this 
heading:  Provided further, <<NOTE: Reports.>>  That States shall submit 
quarterly financial reports and annual progress reports.

                    Federal Communications Commission

                          salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $381,950,000, to remain available

[[Page 136 STAT. 269]]

until expended:  Provided, That $381,950,000 of offsetting collections 
shall be assessed and collected pursuant to section 9 of title I of the 
Communications Act of 1934, shall be retained and used for necessary 
expenses and shall remain available until expended:  Provided further, 
That the sum herein appropriated shall be reduced as such offsetting 
collections are received during fiscal year 2022 so as to result in a 
final fiscal year 2022 appropriation estimated at $0:  Provided further, 
That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a 
competitive bidding system that may be retained and made available for 
obligation shall not exceed $128,621,000 for fiscal year 2022:  Provided 
further, That, of the amount appropriated under this heading, not less 
than $11,854,000 shall be for the salaries and expenses of the Office of 
Inspector General.

      administrative provisions--federal communications commission

    Sec. 510.  Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act <<NOTE: 113 Stat. 3998.>>  is amended by 
striking ``December 31, 2021'' each place it appears and inserting 
``December 31, 2022''.

    Sec. 511.  None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to implement 
the February 27, 2004, recommendations of the Federal-State Joint Board 
on Universal Service regarding single connection or primary line 
restrictions on universal service support payments.

                  Federal Deposit Insurance Corporation

                     office of the inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$46,500,000, to be derived from the Deposit Insurance Fund or, only when 
appropriate, the FSLIC Resolution Fund.

                       Federal Election Commission

                          salaries and expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, $74,500,000, of which not to exceed 
$5,000 shall be available for reception and representation expenses.

                    Federal Labor Relations Authority

                          salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, 
and the Civil Service Reform Act of 1978, including services authorized 
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of 
passenger motor vehicles, and including official reception and 
representation expenses (not to exceed $1,500) and rental of conference 
rooms in the District of Columbia and

[[Page 136 STAT. 270]]

elsewhere, $27,398,000:  Provided, That public members of the Federal 
Service Impasses Panel may be paid travel expenses and per diem in lieu 
of subsistence as authorized by law (5 U.S.C. 5703) for persons employed 
intermittently in the Government service, and compensation as authorized 
by 5 U.S.C. 3109:  Provided further, That, notwithstanding 31 U.S.C. 
3302, funds received from fees charged to non-Federal participants at 
labor-management relations conferences shall be credited to and merged 
with this account, to be available without further appropriation for the 
costs of carrying out these conferences.

             Federal Permitting Improvement Steering Council

                  environmental review improvement fund

    For necessary expenses of the Environmental Review Improvement Fund 
established pursuant to 42 U.S.C. 4370m-8(d), $10,000,000, to remain 
available until expended.

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $376,530,000, to remain available until 
expended:  Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718:  Provided further, That, 
notwithstanding any other provision of law, not to exceed $138,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall 
be retained and used for necessary expenses in this appropriation:  
Provided further, That, notwithstanding any other provision of law, not 
to exceed $20,000,000 in offsetting collections derived from fees 
sufficient to implement and enforce the Telemarketing Sales Rule, 
promulgated under the Telemarketing and Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this 
account, and be retained and used for necessary expenses in this 
appropriation:  Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2022, so as to result in a final fiscal year 
2022 appropriation from the general fund estimated at not more than 
$218,530,000:  Provided further, That none of the funds made available 
to the Federal Trade Commission may be used to implement subsection 
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 
1831t).

[[Page 136 STAT. 271]]

                     General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfers of funds)

     <<NOTE: Advance approvals.>> Amounts in the Fund, including 
revenues and collections deposited into the Fund, shall be available for 
necessary expenses of real property management and related activities 
not otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of buildings 
in the District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation, and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings, including grounds, approaches, 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, and any other obligations for public buildings acquired by 
installment purchase and purchase contract; in the aggregate amount of 
$9,342,205,000, of which--
            (1) $299,476,000 shall remain available until expended for 
        new construction and acquisition (including funds for sites and 
        expenses, and associated design and construction services and 
        feasibility studies), and demolition and related site and 
        security expenses, of which--
                    (A) $245,976,000 is for new construction and 
                acquisition, as follows:
            Connecticut:
            Hartford, U.S. Courthouse, $138,000,000;
            Puerto Rico:
            San Juan, U.S. Courthouse, $22,476,000;
            Tennessee:
            Chattanooga, U.S. Courthouse, $85,500,000;
                    (B) $52,000,000 is for demolition of the buildings 
                located at 202-220 South State Street in Chicago, 
                Illinois, and protection of the adjacent buildings 
                during the demolition process, securing the vacant site 
                of the demolished buildings, and landscaping the vacant 
                site following demolition; and
                    (C) $1,500,000 is for feasibility studies to assess 
                goals, scope, customer need, and alternatives for the 
                following projects:
            Arizona:
            Nogales, Dennis DeConcini U.S. Land Port of Entry, $500,000;
            Georgia:
            Atlanta, Chamblee Campus, $500,000;

[[Page 136 STAT. 272]]

            New Mexico:
            Santa Teresa, U.S. Land Port of Entry, $500,000:
          Provided, That each of the foregoing limits of costs on new 
        construction and acquisition projects may be exceeded to the 
        extent that savings are effected in other such projects, but not 
        to exceed 10 percent of the amounts included in a transmitted 
        prospectus, if required, unless advance approval is obtained 
        from the Committees on Appropriations of the House of 
        Representatives and the Senate of a greater amount;
            (2) $581,581,000 shall remain available until expended for 
        repairs and alterations, including associated design and 
        construction services, of which--
                    (A) $139,893,000 is for Major Repairs and 
                Alterations as follows:
            Alabama:
            Selma, U.S. Federal Building and Courthouse, $4,200,000;
            District of Columbia:
            Regional Office Building, Phase 2, $4,941,000;
            Maryland:
            Suitland, Suitland Federal Campus, $20,000,000;
            Michigan:
            Detroit, Patrick V. McNamara Federal Building Garage, 
        $1,208,000;
            Mississippi:
            Hattiesburg, William M. Colmer Federal Building and U.S. 
        Courthouse, $27,000,000;
            Vicksburg, Mississippi River Commission Building, 
        $23,749,000;
            Washington:
            Tacoma, Tacoma Union Station, $3,395,000;
            West Virginia:
            Clarksburg, Clarksburg Post Office and U.S. Courthouse, 
        $55,400,000;
                    (B) $388,710,000 is for Basic Repairs and 
                Alterations; and
                    (C) $52,978,000 is for Special Emphasis Programs as 
                follows:
            Childcare Facilities Security and Systems Improvements, 
        $15,000,000;
            Consolidation Activities, $8,178,000;
            Fire Protection and Life Safety, $10,000,000; and
            Judiciary Capital Security Program, $19,800,000:
          Provided, That funds made available in this or any previous 
        Act in the Federal Buildings Fund for Repairs and Alterations 
        shall, for prospectus projects, be limited to the amount 
        identified for each project, except each project in this or any 
        previous Act may be increased by an amount not to exceed 10 
        percent unless advance approval is obtained from the Committees 
        on Appropriations of the House of Representatives and the Senate 
        of a greater amount:  Provided further, That additional projects 
        for which prospectuses have been fully approved may be funded 
        under this category only if advance approval is obtained from 
        the Committees on Appropriations of the House of Representatives 
        and the Senate:  Provided further, <<NOTE: Compliance.>>  That 
        the amounts provided in this or any prior Act for ``Repairs and 
        Alterations'' may be used to fund costs associated with 
        implementing security improvements to buildings necessary to 
        meet the minimum

[[Page 136 STAT. 273]]

        standards for security in accordance with current law and in 
        compliance with the reprogramming guidelines of the appropriate 
        Committees of the House and Senate:  Provided further, That the 
        difference between the funds appropriated and expended on any 
        projects in this or any prior Act, under the heading ``Repairs 
        and Alterations'', may be transferred to ``Basic Repairs and 
        Alterations'' or used to fund authorized increases in prospectus 
        projects:  Provided further, That the amount provided in this or 
        any prior Act for ``Basic Repairs and Alterations'' may be used 
        to pay claims against the Government arising from any projects 
        under the heading ``Repairs and Alterations'' or used to fund 
        authorized increases in prospectus projects;
            (3) $5,665,148,000 for rental of space to remain available 
        until expended; and
            (4) $2,796,000,000 for building operations to remain 
        available until expended:  Provided, <<NOTE: Proposed 
        prospectus.>>  That the total amount of funds made available 
        from this Fund to the General Services Administration shall not 
        be available for expenses of any construction, repair, 
        alteration and acquisition project for which a prospectus, if 
        required by 40 U.S.C. 3307(a), has not been approved, except 
        that necessary funds may be expended for each project for 
        required expenses for the development of a proposed prospectus:  
        Provided further, That funds available in the Federal Buildings 
        Fund may be expended for emergency repairs when advance approval 
        is obtained from the Committees on Appropriations of the House 
        of Representatives and the Senate:  Provided further, That 
        amounts necessary to provide reimbursable special services to 
        other agencies under 40 U.S.C. 592(b)(2) and amounts to provide 
        such reimbursable fencing, lighting, guard booths, and other 
        facilities on private or other property not in Government 
        ownership or control as may be appropriate to enable the United 
        States Secret Service to perform its protective functions 
        pursuant to 18 U.S.C. 3056, shall be available from such 
        revenues and collections:  Provided further, That revenues and 
        collections and any other sums accruing to this Fund during 
        fiscal year 2022, excluding reimbursements under 40 U.S.C. 
        592(b)(2), in excess of the aggregate new obligational authority 
        authorized for Real Property Activities of the Federal Buildings 
        Fund in this Act shall remain in the Fund and shall not be 
        available for expenditure except as authorized in appropriations 
        Acts.

                           general activities

                         government-wide policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support responsibilities 
relating to acquisition, travel, motor vehicles, information technology 
management, and related technology activities; and services as 
authorized by 5 U.S.C. 3109; $68,720,000.

[[Page 136 STAT. 274]]

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-wide policy 
direction, and management; and services as authorized by 5 U.S.C. 3109; 
$52,540,000, of which not to exceed $7,500 is for official reception and 
representation expenses.

                   civilian board of contract appeals

    For expenses authorized by law, not otherwise provided for, for the 
activities associated with the Civilian Board of Contract Appeals, 
$9,580,000, of which $2,000,000 shall remain available until September 
30, 2023.

                       office of inspector general

    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $69,000,000:  Provided, That not to 
exceed $50,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property:  Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

            allowances and office staff for former presidents

    For carrying out the provisions of the Act of August 25, 1958 (3 
U.S.C. 102 note), and Public Law 95-138, $5,000,000.

                      federal citizen services fund

                      (including transfer of funds)

    For necessary expenses of the Office of Products and Programs, 
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and 
for necessary expenses in support of interagency projects that enable 
the Federal Government to enhance its ability to conduct activities 
electronically, through the development and implementation of innovative 
uses of information technology; $55,000,000, to be deposited into the 
Federal Citizen Services Fund:  Provided, That the previous amount may 
be transferred to Federal agencies to carry out the purpose of the 
Federal Citizen Services Fund:  Provided further, That the 
appropriations, revenues, reimbursements, and collections deposited into 
the Fund shall be available until expended for necessary expenses of 
Federal Citizen Services and other activities that enable the Federal 
Government to enhance its ability to conduct activities electronically 
in the aggregate amount not to exceed $150,000,000:  Provided further, 
That appropriations, revenues, reimbursements, and collections accruing 
to this Fund during fiscal year 2022 in excess of such amount shall 
remain in the Fund and shall not be available for expenditure except as 
authorized in appropriations Acts:  Provided further, That the transfer 
authorities provided herein shall be in addition to any other transfer 
authority provided in this Act:  Provided further,

[[Page 136 STAT. 275]]

That of the total amount appropriated, up to $5,000,000 shall be 
available for support functions and full-time hires to support 
activities related to the Administration's requirements under Title II 
of the Foundations for Evidence-Based Policy-making Act of 2018 (Public 
Law 115-435).

                asset proceeds and space management fund

    For carrying out section 16(b) of the Federal Assets Sale and 
Transfer Act of 2016 (40 U.S.C. 1303 note), $4,000,000, to remain 
available until expended.

                          working capital fund

    For the Working Capital Fund of the General Services Administration, 
$4,000,000, to remain available until expended, for necessary costs 
incurred by the Administrator to modernize rulemaking systems and to 
provide support services for Federal rulemaking agencies.

       administrative provisions--general services administration

                      (including transfer of funds)

    Sec. 520.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 521.  Funds in the Federal Buildings Fund made available for 
fiscal year 2022 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to meet 
program requirements:  Provided, <<NOTE: Advance approval.>>  That any 
proposed transfers shall be approved in advance by the Committees on 
Appropriations of the House of Representatives and the Senate.

    Sec. 522.  <<NOTE: Courts. Study.>>  Except as otherwise provided in 
this title, funds made available by this Act shall be used to transmit a 
fiscal year 2023 request for United States Courthouse construction only 
if the request: (1) meets the design guide standards for construction as 
established and approved by the General Services Administration, the 
Judicial Conference of the United States, and the Office of Management 
and Budget; (2) reflects the priorities of the Judicial Conference of 
the United States as set out in its approved Courthouse Project 
Priorities plan; and (3) includes a standardized courtroom utilization 
study of each facility to be constructed, replaced, or expanded.

    Sec. 523.  <<NOTE: Determination.>>  None of the funds provided in 
this Act may be used to increase the amount of occupiable square feet, 
provide cleaning services, security enhancements, or any other service 
usually provided through the Federal Buildings Fund, to any agency that 
does not pay the rate per square foot assessment for space and services 
as determined by the General Services Administration in consideration of 
the Public Buildings Amendments Act of 1972 (Public Law 92-313).

    Sec. 524.  <<NOTE: Notification.>>  From funds made available under 
the heading ``Federal Buildings Fund, Limitations on Availability of 
Revenue'', claims against the Government of less than $250,000 arising 
from direct construction projects and acquisition of buildings may be 
liquidated from savings effected in other construction projects with 
prior notification to the Committees on Appropriations of the House of 
Representatives and the Senate.

[[Page 136 STAT. 276]]

    Sec. 525.  <<NOTE: Contracts. Determination. Statement.>>  In any 
case in which the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate adopt a resolution granting lease authority pursuant 
to a prospectus transmitted to Congress by the Administrator of the 
General Services Administration under 40 U.S.C. 3307, the Administrator 
shall ensure that the delineated area of procurement is identical to the 
delineated area included in the prospectus for all lease agreements, 
except that, if the Administrator determines that the delineated area of 
the procurement should not be identical to the delineated area included 
in the prospectus, the Administrator shall provide an explanatory 
statement to each of such committees and the Committees on 
Appropriations of the House of Representatives and the Senate prior to 
exercising any lease authority provided in the resolution.

    Sec. 526.  <<NOTE: Spending plan. Deadline.>>  With respect to E-
Government projects funded under the heading ``Federal Citizen Services 
Fund'', the Administrator of General Services shall submit a spending 
plan and explanation for each project to be undertaken to the Committees 
on Appropriations of the House of Representatives and the Senate not 
later than 60 days after the date of enactment of this Act.

    Sec. 527.  Section 323 of title 40, United States Code, is amended 
by adding at the end a new subsection:
    ``(f) <<NOTE: Contracts.>>  The Administrator may enter into 
agreements with federal agencies to provide services through the Fund on 
a fully reimbursable basis.''.

    Sec. 528.  Section 3173(d)(1) of title 40, United States Code, is 
amended by inserting before the period the following: ``or for agency-
wide acquisition of equipment or systems or the acquisition of services 
in lieu thereof, as necessary to implement the Act''.
    Sec. 529.  Section 3173(b)(1) of title 40, United States Code, is 
amended by inserting ``, including advance payments,'' after ``Amounts 
received''.
    Sec. 530. <<NOTE: Site selection.>>  (a) The Administrator of the 
General Services Administration shall select a site from one of the 
three listed in the General Services Administration Fiscal Year 2017 
PNCR-FBI-NCR17 prospectus for a new fully consolidated Federal Bureau of 
Investigations (FBI) headquarters. Such decision shall be made in as 
expeditious manner as possible.

    (b) <<NOTE: Reports.>>  Within 180 days of selecting a site, the 
General Services Administrator shall transmit to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Transportation and Infrastructure of the House of 
Representatives, and the Committee on Environment and Public Works of 
the Senate, a report on the construction of a new headquarters for the 
FBI in the National Capital Region.

    (c) <<NOTE: Summary.>>  The report transmitted under subsection (b) 
shall be consistent with the requirements of section 3307(b) of title 
40, United States Code, and include a summary of the material provisions 
of the construction and consolidation of the FBI in a new headquarters 
facility, including all the costs associated design, management, and 
inspection, and a description of all buildings and infrastructure needed 
to complete the project.

[[Page 136 STAT. 277]]

                  Harry S Truman Scholarship Foundation

                          salaries and expenses

    For payment to the Harry S Truman Scholarship Foundation Trust Fund, 
established by section 10 of Public Law 93-642, $2,500,000, to remain 
available until expended.

                     Merit Systems Protection Board

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978, and the Whistleblower Protection Act 
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, direct procurement of 
survey printing, and not to exceed $2,000 for official reception and 
representation expenses, $45,825,000, to remain available until 
September 30, 2023, and in addition not to exceed $2,345,000, to remain 
available until September 30, 2023, for administrative expenses to 
adjudicate retirement appeals to be transferred from the Civil Service 
Retirement and Disability Fund in amounts determined by the Merit 
Systems Protection Board.

             Morris K. Udall and Stewart L. Udall Foundation

             morris k. udall and stewart l. udall trust fund

                      (including transfer of funds)

    For payment to the Morris K. Udall and Stewart L. Udall Foundation, 
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 
U.S.C. 5601 et seq.), $1,800,000, to remain available until expended, of 
which, notwithstanding sections 8 and 9 of such Act, up to $1,000,000 
shall be available to carry out the activities authorized by section 
6(7) of Public Law 102-259 and section 817(a) of Public Law 106-568 (20 
U.S.C. 5604(7)):  Provided, That all current and previous amounts 
transferred to the Office of Inspector General of the Department of the 
Interior will remain available until expended for audits and 
investigations of the Morris K. Udall and Stewart L. Udall Foundation, 
consistent with the Inspector General Act of 1978 (5 U.S.C. App.), as 
amended, and for annual independent financial audits of the Morris K. 
Udall and Stewart L. Udall Foundation pursuant to the Accountability of 
Tax Dollars Act of 2002 (Public Law 107-289):  Provided further, That 
previous amounts transferred to the Office of Inspector General of the 
Department of the Interior may be transferred to the Morris K. Udall and 
Stewart L. Udall Foundation for annual independent financial audits 
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 
107-289).

[[Page 136 STAT. 278]]

                  environmental dispute resolution fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $3,296,000, to remain available until expended.

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration and archived Federal 
records and related activities, as provided by law, and for expenses 
necessary for the review and declassification of documents, the 
activities of the Public Interest Declassification Board, the operations 
and maintenance of the electronic records archives, the hire of 
passenger motor vehicles, and for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning, $388,310,000, of which $29,000,000 shall remain available 
until expended for expenses necessary to enhance the Federal 
Government's ability to electronically preserve, manage, and store 
Government records, and of which up to $2,000,000 shall remain available 
until expended to implement the Civil Rights Cold Case Records 
Collection Act of 2018 (Public Law 115-426).

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Reform Act of 2008, 
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General 
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor 
vehicles, $4,968,000.

                         repairs and restoration

                      (including transfer of funds)

    For the repair, alteration, and improvement of archives facilities 
and museum exhibits, related equipment for public spaces, and to provide 
adequate storage for holdings, $71,000,000, to remain available until 
expended, of which $11,500,000 is for the Harry S. Truman Library 
Institute for National and International Affairs in Kansas City, 
Missouri, and of which $20,000,000 is for the Ulysses S. Grant 
Presidential Library in Starkville, Mississippi:  Provided, That such 
funds may be transferred directly to the Truman Library Institute and to 
Mississippi State University and maybe used for improvements to library 
grounds and construction and related activities.

         national historical publications and records commission

                              grants program

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $7,000,000, to 
remain available until expended.

[[Page 136 STAT. 279]]

 administrative provision--national archives and records administration

    Sec. 531.  For an additional amount for ``National Historical 
Publications and Records Commission Grants Program'', $5,265,000, which 
shall be for initiatives in the amounts and for the projects specified 
in the table that appears under the heading ``Administrative 
Provisions--National Archives and Records Administration'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act):  Provided, That none of the funds 
made available by this section may be transferred for any other purpose.

                  National Credit Union Administration

                community development revolving loan fund

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,545,000 shall be 
available until September 30, 2023, for technical assistance to low-
income designated credit unions.

                       Office of Government Ethics

                          salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, the 
Ethics Reform Act of 1989, and the Representative Louise McIntosh 
Slaughter Stop Trading on Congressional Knowledge Act, including 
services as authorized by 5 U.S.C. 3109, rental of conference rooms in 
the District of Columbia and elsewhere, hire of passenger motor 
vehicles, and not to exceed $1,500 for official reception and 
representation expenses, $19,158,000.

                     Office of Personnel Management

                          salaries and expenses

                  (including transfers of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 
1978 and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
and payment of per diem and/or subsistence allowances to employees where 
Voting Rights Act activities require an employee to remain overnight at 
his or her post of duty, $164,934,000:  Provided, That of the total 
amount made available under this heading, $8,842,000 shall remain 
available until expended, for information technology infrastructure 
modernization and Trust Fund Federal Financial System migration or 
modernization, and shall be in addition to funds otherwise made 
available for such purposes:  Provided further, That of the total amount 
made available under this heading, $1,073,201 may be

[[Page 136 STAT. 280]]

made available for strengthening the capacity and capabilities of the 
acquisition workforce (as defined by the Office of Federal Procurement 
Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the 
recruitment, hiring, training, and retention of such workforce and 
information technology in support of acquisition workforce effectiveness 
or for management solutions to improve acquisition management; and in 
addition $174,714,000 for administrative expenses, to be transferred 
from the appropriate trust funds of OPM without regard to other 
statutes, including direct procurement of printed materials, for the 
retirement and insurance programs:  Provided further, That the 
provisions of this appropriation shall not affect the authority to use 
applicable trust funds as provided by sections 8348(a)(1)(B), 
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United 
States Code:  Provided further, That no part of this appropriation shall 
be available for salaries and expenses of the Legal Examining Unit of 
OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or 
any successor unit of like purpose:  Provided 
further, <<NOTE: Donations.>>  That the President's Commission on White 
House Fellows, established by Executive Order No. 11183 of October 3, 
1964, may, during fiscal year 2022, accept donations of money, property, 
and personal services:  Provided further, That such donations, including 
those from prior years, may be used for the development of publicity 
materials to provide information about the White House Fellows, except 
that no such donations shall be accepted for travel or reimbursement of 
travel expenses, or for the salaries of employees of such Commission:  
Provided further, That not to exceed 5 percent of amounts made available 
under this heading may be transferred to an information technology 
working capital fund established for purposes authorized by subtitle G 
of title X of division A of the National Defense Authorization Act for 
Fiscal Year 2018 (Public Law 115-91; 40 U.S.C. 11301 note):  Provided 
further, <<NOTE: Notification. Approval. Time period.>>  That the 
Director of the OPM shall notify, and receive approval from, the 
Committees on Appropriations of the House of Representatives and the 
Senate at least 15 days in advance of any transfer under the preceding 
proviso:  Provided further, That amounts transferred to such a fund 
under such transfer authority from any organizational category of the 
OPM shall not exceed 5 percent of each such organizational category's 
budget as identified in the report required by section 608 of this Act:  
Provided further, That amounts transferred to such a fund shall remain 
available for obligation through September 30, 2025.

                       office of inspector general

                          salaries and expenses

                   (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $5,150,000, and in addition, not to exceed $28,083,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management,

[[Page 136 STAT. 281]]

as determined by the Inspector General:  Provided, That the Inspector 
General is authorized to rent conference rooms in the District of 
Columbia and elsewhere.

                        Office of Special Counsel

                          salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel, including services as authorized by 5 U.S.C. 3109, 
payment of fees and expenses for witnesses, rental of conference rooms 
in the District of Columbia and elsewhere, and hire of passenger motor 
vehicles, $30,385,000.

                      Postal Regulatory Commission

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Postal Regulatory Commission in 
carrying out the provisions of the Postal Accountability and Enhancement 
Act (Public Law 109-435), $17,510,000, to be derived by transfer from 
the Postal Service Fund and expended as authorized by section 603(a) of 
such Act.

               Privacy and Civil Liberties Oversight Board

                          salaries and expenses

    For necessary expenses of the Privacy and Civil Liberties Oversight 
Board, as authorized by section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $9,800,000, to 
remain available until September 30, 2023.

                      Public Buildings Reform Board

                          salaries and expenses

    For salaries and expenses of the Public Buildings Reform Board in 
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public 
Law 114-287), $3,605,000, to remain available until expended.

                   Securities and Exchange Commission

                          salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $1,988,550,000, to remain available until 
expended; of which not less than $17,649,400 shall be for the Office of 
Inspector General; of which not to exceed $75,000 shall be available for 
a permanent secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be available for 
expenses for consultations

[[Page 136 STAT. 282]]

and meetings hosted by the Commission with foreign governmental and 
other regulatory officials, members of their delegations and staffs to 
exchange views concerning securities matters, such expenses to include 
necessary logistic and administrative expenses and the expenses of 
Commission staff and foreign invitees in attendance including: (1) 
incidental expenses such as meals; (2) travel and transportation; and 
(3) related lodging or subsistence.
    In addition to the foregoing appropriation, for move, replication, 
and related costs associated with a replacement lease for the 
Commission's Fort Worth Regional Office facilities, not to exceed 
$6,746,000, to remain available until expended; and for move, 
replication, and related costs associated with a replacement lease for 
the Commission's San Francisco Regional Office facilities, not to exceed 
$4,367,000, to remain available until expended.
    For purposes of calculating the fee rate under section 31(j) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year 
2022, all amounts appropriated under this heading shall be deemed to be 
the regular appropriation to the Commission for fiscal year 2022:  
Provided, That fees and charges authorized by section 31 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to 
this account as offsetting collections:  Provided further, That not to 
exceed $1,988,550,000 of such offsetting collections shall be available 
until expended for necessary expenses of this account; not to exceed 
$6,746,000 of such offsetting collections shall be available until 
expended for move, replication, and related costs under this heading 
associated with a replacement lease for the Commission's Fort Worth 
Regional Office facilities; and not to exceed $4,367,000 of such 
offsetting collections shall be available until expended for move, 
replication, and related costs under this heading associated with a 
replacement lease for the Commission's San Francisco Regional Office 
facilities:  Provided further, That the total amount appropriated under 
this heading from the general fund for fiscal year 2022 shall be reduced 
as such offsetting fees are received so as to result in a final total 
fiscal year 2022 appropriation from the general fund estimated at not 
more than $0:  Provided further, That if any amount of the appropriation 
for move, replication, and related costs associated with a replacement 
lease for the Commission's Fort Worth Regional Office facilities or if 
any amount of the appropriation for move, replication, and related costs 
associated with a replacement lease for the Commission's San Francisco 
Regional Office facilities is subsequently de-obligated by the 
Commission, such amount that was derived from the general fund shall be 
returned to the general fund, and such amounts that were derived from 
fees or assessments collected for such purpose shall be paid to each 
national securities exchange and national securities association, 
respectively, in proportion to any fees or assessments paid by such 
national securities exchange or national securities association under 
section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in 
fiscal year 2022.

                        Selective Service System

                          salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as

[[Page 136 STAT. 283]]

authorized by 5 U.S.C. 4101-4118 for civilian employees; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$29,200,000:  Provided, <<NOTE: President.>>  That during the current 
fiscal year, the President may exempt this appropriation from the 
provisions of 31 U.S.C. 1341, whenever the President deems such action 
to be necessary in the interest of national defense:  Provided further, 
That none of the funds appropriated by this Act may be expended for or 
in connection with the induction of any person into the Armed Forces of 
the United States.

                      Small Business Administration

                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration, including hire of passenger motor vehicles as 
authorized by sections 1343 and 1344 of title 31, United States Code, 
and not to exceed $3,500 for official reception and representation 
expenses, $278,378,000, of which not less than $12,000,000 shall be 
available for examinations, reviews, and other lender oversight 
activities:  Provided, <<NOTE: Fees.>>  That the Administrator is 
authorized to charge fees to cover the cost of publications developed by 
the Small Business Administration, and certain loan program activities, 
including fees authorized by section 5(b) of the Small Business Act:  
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues 
received from all such activities shall be credited to this account, to 
remain available until expended, for carrying out these purposes without 
further appropriations:  Provided further, That the Small Business 
Administration may accept gifts in an amount not to exceed $4,000,000 
and may co-sponsor activities, each in accordance with section 132(a) of 
division K of Public Law 108-447, during fiscal year 2022:  Provided 
further, That $6,100,000 shall be available for the Loan Modernization 
and Accounting System, to be available until September 30, 2023.

                  entrepreneurial development programs

    For necessary expenses of programs supporting entrepreneurial and 
small business development, $290,150,000, to remain available until 
September 30, 2023:  Provided, That $138,000,000 shall be available to 
fund grants for performance in fiscal year 2022 or fiscal year 2023 as 
authorized by section 21 of the Small Business Act:  Provided further, 
That $37,000,000 shall be for marketing, management, and technical 
assistance under section 7(m) of the Small Business Act (15 U.S.C. 
636(m)(4)) by intermediaries that make microloans under the microloan 
program:  Provided further, That $20,000,000 shall be available for 
grants to States to carry out export programs that assist small business 
concerns authorized under section 22(l) of the Small Business Act (15 
U.S.C. 649(l)).

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$22,671,000.

[[Page 136 STAT. 284]]

                           office of advocacy

    For necessary expenses of the Office of Advocacy in carrying out the 
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and 
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), 
$9,466,000, to remain available until expended.

                     business loans program account

                      (including transfer of funds)

    For the cost of direct loans, $6,000,000, to remain available until 
expended:  Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974:  Provided further, That subject to section 502 of 
the Congressional Budget Act of 1974, during fiscal year 2022 
commitments to guarantee loans under section 503 of the Small Business 
Investment Act of 1958 shall not exceed $11,000,000,000:  Provided 
further, That during fiscal year 2022 commitments for general business 
loans authorized under paragraphs (1) through (35) of section 7(a) of 
the Small Business Act shall not exceed $30,000,000,000 for a 
combination of amortizing term loans and the aggregated maximum line of 
credit provided by revolving loans:  Provided further, That during 
fiscal year 2022 commitments for loans authorized under subparagraph (C) 
of section 502(7) of the Small Business Investment Act of 1958 (15 
U.S.C. 696(7)) shall not exceed $4,000,000,000:  Provided further, That 
during fiscal year 2022 commitments to guarantee loans for debentures 
under section 303(b) of the Small Business Investment Act of 1958 shall 
not exceed $5,000,000,000:  Provided further, That during fiscal year 
2022, guarantees of trust certificates authorized by section 5(g) of the 
Small Business Act shall not exceed a principal amount of 
$13,000,000,000. In addition, for administrative expenses to carry out 
the direct and guaranteed loan programs, $163,000,000, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses.

                     disaster loans program account

                     (including transfers of funds)

    For administrative expenses to carry out the direct loan program 
authorized by section 7(b) of the Small Business Act, $178,000,000, to 
be available until expended, of which $1,600,000 is for the Office of 
Inspector General of the Small Business Administration for audits and 
reviews of disaster loans and the disaster loan programs and shall be 
transferred to and merged with the appropriations for the Office of 
Inspector General; of which $168,000,000 is for direct administrative 
expenses of loan making and servicing to carry out the direct loan 
program, which may be transferred to and merged with the appropriations 
for Salaries and Expenses; and of which $8,400,000 is for indirect 
administrative expenses for the direct loan program, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses:  Provided, That, of the funds provided under this heading, 
$143,000,000 shall be for major disasters declared pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)):  Provided further, That the amount for

[[Page 136 STAT. 285]]

major disasters under this heading is designated by Congress as being 
for disaster relief pursuant to section 4004(b)(6) and section 4005(f) 
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the 
budget for fiscal year 2022.

        administrative provisions--small business administration

                     (including transfers of funds)

    Sec. 540.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers:  Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 541.  <<NOTE: Advance approval.>>  Not to exceed 3 percent of 
any appropriation made available in this Act for the Small Business 
Administration under the headings ``Salaries and Expenses'' and 
``Business Loans Program Account'' may be transferred to the 
Administration's information technology system modernization and working 
capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of 
division A of the National Defense Authorization Act for Fiscal Year 
2018, for the purposes specified in section 1077(b)(3) of such Act, upon 
the advance approval of the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided, That amounts transferred to 
the IT WCF under this section shall remain available for obligation 
through September 30, 2025.

    Sec. 542.  For an additional amount for ``Small Business 
Administration--Salaries and Expenses'', $83,022,000, which shall be for 
initiatives related to small business development and entrepreneurship, 
including programmatic and construction activities, in the amounts and 
for the projects specified in the table that appears under the heading 
``Administrative Provisions--Small Business Administration'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act):  
Provided, <<NOTE: Grants. Contracts.>>  That, notwithstanding sections 
2701.92 and 2701.93 of title 2, Code of Federal Regulations, the 
Administrator of the Small Business Administration may permit awards to 
subrecipients for initiatives funded under this section:  Provided 
further, That none of the funds made available by this section may be 
transferred for any other purpose.

                      United States Postal Service

                   payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $52,570,000:  
Provided, <<NOTE: Mail.>>  That mail for overseas voting and mail for 
the blind shall continue to be free:  Provided further, That 6-day 
delivery and rural delivery of mail shall continue at not less than the 
1983 level:  Provided further, That none of the funds made available to 
the Postal Service by this Act shall be used to implement any rule, 
regulation, or policy of charging any officer or employee of

[[Page 136 STAT. 286]]

any State or local child support enforcement agency, or any individual 
participating in a State or local program of child support enforcement, 
a fee for information requested or provided concerning an address of a 
postal customer:  Provided further, That none of the funds provided in 
this Act shall be used to consolidate or close small rural and other 
small post offices:  Provided further, That the Postal Service may not 
destroy, and shall continue to offer for sale, any copies of the 
Multinational Species Conservation Funds Semipostal Stamp, as authorized 
under the Multinational Species Conservation Funds Semipostal Stamp Act 
of 2010 (Public Law 111-241).

                       office of inspector general

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$262,000,000, to be derived by transfer from the Postal Service Fund and 
expended as authorized by section 603(b)(3) of the Postal Accountability 
and Enhancement Act (Public Law 109-435).

                         United States Tax Court

                          salaries and expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for 
official reception and representation expenses; $57,783,000, of which 
$1,000,000 shall remain available until expended:  Provided, That 
travel <<NOTE: Certificate.>> expenses of the judges shall be paid upon 
the written certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

                     (including rescission of funds)

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  <<NOTE: Contracts.>>  The expenditure of any 
appropriation under this Act for any consulting service through 
procurement contract pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of

[[Page 136 STAT. 287]]

the United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriations 
Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  <<NOTE: Compliance.>>  No funds appropriated pursuant to 
this Act may be expended by an entity unless the entity agrees that in 
expending the assistance the entity will comply with chapter 83 of title 
41, United States Code.

    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating chapter 83 of title 41, United States Code.
    Sec. 608.  <<NOTE: Advance approval.>>  Except as otherwise provided 
in this Act, none of the funds provided in this Act, provided by 
previous appropriations Acts to the agencies or entities funded in this 
Act that remain available for obligation or expenditure in fiscal year 
2022, or provided from any accounts in the Treasury derived by the 
collection of fees and available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds that: (1) creates a new program; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific activity 
by the Committee on Appropriations of either the House of 
Representatives or the Senate for a different purpose; (5) augments 
existing programs, projects, or activities in excess of $5,000,000 or 10 
percent, whichever is less; (6) reduces existing programs, projects, or 
activities by $5,000,000 or 10 percent, whichever is less; or (7) 
creates or reorganizes offices, programs, or activities unless prior 
approval is received from the Committees on Appropriations of the House 
of Representatives and the Senate:  Provided, <<NOTE: Consultation.>>  
That prior to any significant reorganization, restructuring, relocation, 
or closing of offices, programs, or activities, each agency or entity 
funded in this Act shall consult with the Committees on Appropriations 
of the House of Representatives and the Senate:  Provided 
further, <<NOTE: Reports.>>  That not later than 60 days after the date 
of enactment of this Act, each agency funded by this Act shall submit a 
report to the Committees on Appropriations of the House of 
Representatives and the Senate to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year:  
Provided further, <<NOTE: Applicability.>>  That at a minimum the report 
shall include: (1) a table for each appropriation, detailing both full-
time employee equivalents and budget authority, with separate columns to 
display the prior year enacted level, the President's budget request, 
adjustments made by Congress, adjustments due to enacted rescissions, if 
appropriate, and the fiscal year enacted level; (2) a delineation in the 
table for each appropriation and its respective prior year enacted level 
by object class and program, project, and activity as detailed in this 
Act, in the accompanying report, or in the budget appendix for the 
respective appropriation, whichever is more detailed, and which shall 
apply to all items for which a dollar amount is specified and to all 
programs for

[[Page 136 STAT. 288]]

which new budget authority is provided, as well as to discretionary 
grants and discretionary grant allocations; and (3) an identification of 
items of special congressional interest:  Provided 
further, <<NOTE: Penalties.>>  That the amount appropriated or limited 
for salaries and expenses for an agency shall be reduced by $100,000 per 
day for each day after the required date that the report has not been 
submitted to the Congress.

    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2022 from appropriations made available for salaries and 
expenses for fiscal year 2022 in this Act, shall remain available 
through September 30, 2023, for each such account for the purposes 
authorized:  Provided, <<NOTE: Approval request.>>  That a request shall 
be submitted to the Committees on Appropriations of the House of 
Representatives and the Senate for approval prior to the expenditure of 
such funds:  Provided further, <<NOTE: Compliance.>>  That these 
requests shall be made in compliance with reprogramming guidelines.

    Sec. 610. <<NOTE: Background investigations.>>  (a) None of the 
funds made available in this Act may be used by the Executive Office of 
the President to request--
            (1) any official background investigation report on any 
        individual from the Federal Bureau of Investigation; or
            (2) <<NOTE: Determination. Tax exemption.>>  a determination 
        with respect to the treatment of an organization as described in 
        section 501(c) of the Internal Revenue Code of 1986 and exempt 
        from taxation under section 501(a) of such Code from the 
        Department of the Treasury or the Internal Revenue Service.

    (b) Subsection (a) shall not apply--
            (1) <<NOTE: Time period.>>  in the case of an official 
        background investigation report, if such individual has given 
        express written consent for such request not more than 6 months 
        prior to the date of such request and during the same 
        presidential administration; or
            (2) if such request is required due to extraordinary 
        circumstances involving national security.

    Sec. 611.  The cost accounting standards promulgated under chapter 
15 of title 41, United States Code shall not apply with respect to a 
contract under the Federal Employees Health Benefits Program established 
under chapter 89 of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613.  <<NOTE: Abortion.>>  No funds appropriated by this Act 
shall be available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the Federal employees 
health benefits program which provides any benefits or coverage for 
abortions.

    Sec. 614.  The provision of section 613 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 615.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in chapter 83 of title 41, 
United States Code (popularly known as the Buy American Act), shall not 
apply to the acquisition by the Federal Government

[[Page 136 STAT. 289]]

of information technology (as defined in section 11101 of title 40, 
United States Code), that is a commercial item (as defined in section 
103 of title 41, United States Code).
    Sec. 616.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-Federal 
entity for travel, subsistence, or related expenses for the purpose of 
enabling an officer or employee to attend and participate in any meeting 
or similar function relating to the official duties of the officer or 
employee when the entity offering payment or reimbursement is a person 
or entity subject to regulation by such agency or commission, or 
represents a person or entity subject to regulation by such agency or 
commission, unless the person or entity is an organization described in 
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
tax under section 501(a) of such Code.
    Sec. 617. <<NOTE: Contracts. Consultation.>>  (a)(1) Notwithstanding 
any other provision of law, an Executive agency covered by this Act 
otherwise authorized to enter into contracts for either leases or the 
construction or alteration of real property for office, meeting, 
storage, or other space must consult with the General Services 
Administration before issuing a solicitation for offers of new leases or 
construction contracts, and in the case of succeeding leases, before 
entering into negotiations with the current lessor.

    (2) <<NOTE: President.>>  Any such agency with authority to enter 
into an emergency lease may do so during any period declared by the 
President to require emergency leasing authority with respect to such 
agency.

    (b) <<NOTE: Definition.>>  For purposes of this section, the term 
``Executive agency covered by this Act'' means any Executive agency 
provided funds by this Act, but does not include the General Services 
Administration or the United States Postal Service.

    Sec. 618. (a) There are appropriated for the following activities 
the amounts required under current law:
            (1) Compensation of the President (3 U.S.C. 102).
            (2) Payments to--
                    (A) the Judicial Officers' Retirement Fund (28 
                U.S.C. 377(o));
                    (B) the Judicial Survivors' Annuities Fund (28 
                U.S.C. 376(c)); and
                    (C) the United States Court of Federal Claims 
                Judges' Retirement Fund (28 U.S.C. 178(l)).
            (3) Payment of Government contributions--
                    (A) with respect to the health benefits of retired 
                employees, as authorized by chapter 89 of title 5, 
                United States Code, and the Retired Federal Employees 
                Health Benefits Act (74 Stat. 849); and
                    (B) with respect to the life insurance benefits for 
                employees retiring after December 31, 1989 (5 U.S.C. ch. 
                87).
            (4) Payment to finance the unfunded liability of new and 
        increased annuity benefits under the Civil Service Retirement 
        and Disability Fund (5 U.S.C. 8348).
            (5) Payment of annuities authorized to be paid from the 
        Civil Service Retirement and Disability Fund by statutory 
        provisions other than subchapter III of chapter 83 or chapter 84 
        of title 5, United States Code.

[[Page 136 STAT. 290]]

    (b) Nothing in this section may be construed to exempt any amount 
appropriated by this section from any otherwise applicable limitation on 
the use of funds contained in this Act.
    Sec. 619.  <<NOTE: Reports. Compliance.>>  None of the funds made 
available in this Act may be used by the Federal Trade Commission to 
complete the draft report entitled ``Interagency Working Group on Food 
Marketed to Children: Preliminary Proposed Nutrition Principles to Guide 
Industry Self-Regulatory Efforts'' unless the Interagency Working Group 
on Food Marketed to Children complies with Executive Order No. 13563.

    Sec. 620. (a) The head of each executive branch agency funded by 
this Act shall ensure that the Chief Information Officer of the agency 
has the authority to participate in decisions regarding the budget 
planning process related to information technology.
    (b) <<NOTE: Allocation. Consultation.>>  Amounts appropriated for 
any executive branch agency funded by this Act that are available for 
information technology shall be allocated within the agency, consistent 
with the provisions of appropriations Acts and budget guidelines and 
recommendations from the Director of the Office of Management and 
Budget, in such manner as specified by, or approved by, the Chief 
Information Officer of the agency in consultation with the Chief 
Financial Officer of the agency and budget officials.

    Sec. 621.  None of the funds made available in this Act may be used 
in contravention of chapter 29, 31, or 33 of title 44, United States 
Code.
    Sec. 622.  None of the funds made available in this Act may be used 
by a governmental entity to require the disclosure by a provider of 
electronic communication service to the public or remote computing 
service of the contents of a wire or electronic communication that is in 
electronic storage with the provider (as such terms are defined in 
sections 2510 and 2711 of title 18, United States Code) in a manner that 
violates the Fourth Amendment to the Constitution of the United States.
    Sec. 623.  None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change the 
rules or regulations of the Commission for universal service high-cost 
support for competitive eligible telecommunications carriers in a way 
that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 
of title 47, Code of Federal Regulations, as in effect on July 15, 2015: 
 Provided, That this section shall not prohibit the Commission from 
considering, developing, or adopting other support mechanisms as an 
alternative to Mobility Fund Phase II:  Provided further, That any such 
alternative mechanism shall maintain existing high-cost support to 
competitive eligible telecommunications carriers until support under 
such mechanism commences.
    Sec. 624.  <<NOTE: Records.>>  No funds provided in this Act shall 
be used to deny an Inspector General funded under this Act timely access 
to any records, documents, or other materials available to the 
department or agency over which that Inspector General has 
responsibilities under the Inspector General Act of 1978, or to prevent 
or impede that Inspector General's access to such records, documents, or 
other materials, under any provision of law, except a provision of law 
that expressly refers to the Inspector General and expressly limits the 
Inspector General's right of access. A department or agency covered by 
this section shall provide its Inspector General with access to all such 
records, documents, and

[[Page 136 STAT. 291]]

other materials in a timely manner. <<NOTE: Compliance.>>  Each 
Inspector General shall ensure compliance with statutory limitations on 
disclosure relevant to the information provided by the establishment 
over which that Inspector General has responsibilities under the 
Inspector General Act of 1978. <<NOTE: Reports.>>  Each Inspector 
General covered by this section shall report to the Committees on 
Appropriations of the House of Representatives and the Senate within 5 
calendar days any failures to comply with this requirement.

    Sec. 625. <<NOTE: Pornography.>>  (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, 
adjudication activities, or other law enforcement- or victim assistance-
related activity.
    Sec. 626.  <<NOTE: Contracts. Determination.>>  None of the funds 
appropriated or other-wise made available by this Act may be used to pay 
award or incentive fees for contractors whose performance has been 
judged to be below satisfactory, behind schedule, over budget, or has 
failed to meet the basic requirements of a contract, unless the Agency 
determines that any such deviations are due to unforeseeable events, 
government-driven scope changes, or are not significant within the 
overall scope of the project and/or program and unless such awards or 
incentive fees are consistent with 16.401(e)(2) of the Federal 
Acquisition Regulation.

    Sec. 
627. <<NOTE: Conference attendees. Determinations. Notifications.>>  (a) 
None of the funds made available under this Act may be used to pay for 
travel and conference activities that result in a total cost to an 
Executive branch department, agency, board or commission funded by this 
Act of more than $500,000 at any single conference unless the agency or 
entity determines that such attendance is in the national interest and 
advance notice is transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate that includes the basis of that 
determination.

    (b) None of the funds made available under this Act may be used to 
pay for the travel to or attendance of more than 50 employees, who are 
stationed in the United States, at any single conference occurring 
outside the United States unless the agency or entity determines that 
such attendance is in the national interest and advance notice is 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate that includes the basis of that 
determination.
    Sec. 628.  None of the funds made available by this Act may be used 
for first-class or business-class travel by the employees of executive 
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
    Sec. 629.  In addition to any amounts appropriated or otherwise made 
available for expenses related to enhancements to www.oversight.gov, 
$850,000, to remain available until expended, shall be provided for an 
additional amount for such purpose to the Inspectors General Council 
Fund established pursuant to section 11(c)(3)(B) of the Inspector 
General Act of 1978 (5 U.S.C. App.):  Provided, That these amounts shall 
be in addition to any amounts or any authority available to the Council 
of the Inspectors General

[[Page 136 STAT. 292]]

on Integrity and Efficiency under section 11 of the Inspector General 
Act of 1978 (5 U.S.C. App.).
    Sec. 630.  <<NOTE: Notification.>>  None of the funds made available 
by this Act may be obligated on contracts in excess of $5,000 for public 
relations, as that term is defined in Office and Management and Budget 
Circular A-87 (revised May 10, 2004), unless advance notice of such an 
obligation is transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate.

    Sec. 631.  <<NOTE: Requirement.>>  Federal agencies funded under 
this Act shall clearly state within the text, audio, or video used for 
advertising or educational purposes, including emails or Internet 
postings, that the communication is printed, published, or produced and 
disseminated at U.S. taxpayer expense. The funds used by a Federal 
agency to carry out this requirement shall be derived from amounts made 
available to the agency for advertising or other communications 
regarding the programs and activities of the agency.

    Sec. 632.  <<NOTE: Requirement.>>  When issuing statements, press 
releases, requests for proposals, bid solicitations and other documents 
describing projects or programs funded in whole or in part with Federal 
money, all grantees receiving Federal funds included in this Act, shall 
clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.

    Sec. 633.  None of the funds made available by this Act shall be 
used by the Securities and Exchange Commission to finalize, issue, or 
implement any rule, regulation, or order regarding the disclosure of 
political contributions, contributions to tax exempt organizations, or 
dues paid to trade associations.
    Sec. 634.  <<NOTE: Reports.>>  Not later than 45 days after the last 
day of each quarter, each agency funded in this Act shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a quarterly budget report that includes total 
obligations of the Agency for that quarter for each appropriation, by 
the source year of the appropriation.

    Sec. 635.  Of the unobligated balances available in the Department 
of the Treasury, Treasury Forfeiture Fund, established by section 9703 
of title 31, United States Code, $175,000,000 shall be permanently 
rescinded not later than September 30, 2022.
    Sec. 636. <<NOTE: Alabama.>>  (a) Designation.--The Federal building 
and courthouse located at 2005 University Boulevard in Tuscaloosa, 
Alabama, shall be known and designated as the ``Richard Shelby Federal 
Building and Courthouse''.

    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Federal building and 
courthouse referred to in subsection (a) shall be deemed to be a 
reference to the ``Richard Shelby Federal Building and Courthouse''.

[[Page 136 STAT. 293]]

                                TITLE VII

                   GENERAL PROVISIONS--GOVERNMENT-WIDE

                 Departments, Agencies, and Corporations

                      (including transfer of funds)

    Sec. 701.  <<NOTE: Drug-free workplace.>>  No department, agency, or 
instrumentality of the United States receiving appropriated funds under 
this or any other Act for fiscal year 2022 shall obligate or expend any 
such funds, unless such department, agency, or instrumentality has in 
place, and will continue to administer in good faith, a written policy 
designed to ensure that all of its workplaces are free from the illegal 
use, possession, or distribution of controlled substances (as defined in 
the Controlled Substances Act (21 U.S.C. 802)) by the officers and 
employees of such department, agency, or instrumentality.

    Sec. 702.  <<NOTE: 31 USC 1343 note.>>  Unless otherwise 
specifically provided, the maximum amount allowable during the current 
fiscal year in accordance with subsection 1343(c) of title 31, United 
States Code, for the purchase of any passenger motor vehicle (exclusive 
of buses, ambulances, law enforcement vehicles, protective vehicles, and 
undercover surveillance vehicles), is hereby fixed at $19,947 except 
station wagons for which the maximum shall be $19,997:  Provided, That 
these limits may be exceeded by not to exceed $7,250 for police-type 
vehicles:  Provided further, That the limits set forth in this section 
may not be exceeded by more than 5 percent for electric or hybrid 
vehicles purchased for demonstration under the provisions of the 
Electric and Hybrid Vehicle Research, Development, and Demonstration Act 
of 1976:  Provided further, That the limits set forth in this section 
may be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101-549 over the cost of 
comparable conventionally fueled vehicles:  Provided further, That the 
limits set forth in this section shall not apply to any vehicle that is 
a commercial item and which operates on alternative fuel, including but 
not limited to electric, plug-in hybrid electric, and hydrogen fuel cell 
vehicles.

    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  <<NOTE: 5 USC 3101 note.>>  Unless otherwise specified in 
law during the current fiscal year, no part of any appropriation 
contained in this or any other Act shall be used to pay the compensation 
of any officer or employee of the Government of the United States 
(including any agency the majority of the stock of which is owned by the 
Government of the United States) whose post of duty is in the 
continental United States unless such person: (1) is a citizen of the 
United States; (2) is a person who is lawfully admitted for permanent 
residence and is seeking citizenship as outlined in 8 U.S.C. 
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8 
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a 
declaration of intention to become a lawful permanent resident and then 
a citizen when eligible; or (4) is a person

[[Page 136 STAT. 294]]

who owes allegiance to the United States:  
Provided, <<NOTE: Affidavits.>>  That for purposes of this section, 
affidavits signed by any such person shall be considered prima facie 
evidence that the requirements of this section with respect to his or 
her status are being complied with:  Provided 
further, <<NOTE: Affidavits.>>  That for purposes of subsections (2) and 
(3) such affidavits shall be submitted prior to employment and updated 
thereafter as necessary:  Provided further, <<NOTE: Penalties.>>  That 
any person making a false affidavit shall be guilty of a felony, and 
upon conviction, shall be fined no more than $4,000 or imprisoned for 
not more than 1 year, or both:  Provided further, That the above penal 
clause shall be in addition to, and not in substitution for, any other 
provisions of existing law:  Provided further, That any payment made to 
any officer or employee contrary to the provisions of this section shall 
be recoverable in action by the Federal Government:  Provided 
further, <<NOTE: Time period.>>  That this section shall not apply to 
any person who is an officer or employee of the Government of the United 
States on the date of enactment of this Act, or to international 
broadcasters employed by the Broadcasting Board of Governors, or to 
temporary employment of translators, or to temporary employment in the 
field service (not to exceed 60 days) as a result of emergencies:  
Provided further, <<NOTE: Time period.>>  That this section does not 
apply to the employment as Wildland firefighters for not more than 120 
days of nonresident aliens employed by the Department of the Interior or 
the USDA Forest Service pursuant to an agreement with another country.

    Sec. 705.  Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 706.  In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13834 
        (May 17, 2018), including any such programs adopted prior to the 
        effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.

    Sec. 707.  <<NOTE: Applicability.>>  Funds made available by this or 
any other Act for administrative expenses in the current fiscal year of 
the corporations and agencies subject to chapter 91 of title 31, United 
States Code, shall be available, in addition to objects for which such 
funds are otherwise available, for rent in the District of Columbia; 
services in accordance with 5 U.S.C. 3109; and the objects specified 
under this head, all the provisions of which shall be applicable

[[Page 136 STAT. 295]]

to the expenditure of such funds unless otherwise specified in the Act 
by which they are made available:  Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.

    Sec. 708.  No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards (except 
Federal Executive Boards), commissions, councils, committees, or similar 
groups (whether or not they are interagency entities) which do not have 
a prior and specific statutory approval to receive financial support 
from more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this or any other Act shall be used to implement, 
administer, or enforce any regulation which has been disapproved 
pursuant to a joint resolution duly adopted in accordance with the 
applicable law of the United States.
    Sec. 710.  <<NOTE: Notification.>>  During the period in which the 
head of any department or agency, or any other officer or civilian 
employee of the Federal Government appointed by the President of the 
United States, holds office, no funds may be obligated or expended in 
excess of $5,000 to furnish or redecorate the office of such department 
head, agency head, officer, or employee, or to purchase furniture or 
make improvements for any such office, unless advance notice of such 
furnishing or redecoration is transmitted to the Committees on 
Appropriations of the House of Representatives and the 
Senate. <<NOTE: Definition.>>  For the purposes of this section, the 
term ``office'' shall include the entire suite of offices assigned to 
the individual, as well as any other space used primarily by the 
individual or the use of which is directly controlled by the individual.

    Sec. 711.  Notwithstanding 31 U.S.C. 1346, or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of national 
security and emergency preparedness telecommunications initiatives which 
benefit multiple Federal departments, agencies, or entities, as provided 
by Executive Order No. 13618 (July 6, 2012).
    Sec. 712. <<NOTE: Certification.>>  (a) None of the funds made 
available by this or any other Act may be obligated or expended by any 
department, agency, or other instrumentality of the Federal Government 
to pay the salaries or expenses of any individual appointed to a 
position of a confidential or policy-determining character that is 
excepted from the competitive service under section 3302 of title 5, 
United States Code, (pursuant to schedule C of subpart C of part 213 of 
title 5 of the Code of Federal Regulations) unless the head of the 
applicable department, agency, or other instrumentality employing such 
schedule C individual certifies to the Director of the Office of 
Personnel Management that the schedule C position occupied by the 
individual was not created solely or primarily in order to detail the 
individual to the White House.

    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from an element 
of the intelligence community (as that term is defined under section 
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
    Sec. 713.  No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--

[[Page 136 STAT. 296]]

            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance or 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit any of 
        the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 714. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 715.  <<NOTE: Propaganda. Lobbying.>>  No part of any funds 
appropriated in this or any other Act shall be used by an agency of the 
executive branch, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, and for 
the preparation, distribution or use of any kit, pamphlet, booklet, 
publication, radio, television, or film presentation designed to support 
or defeat legislation pending before the Congress, except in 
presentation to the Congress itself.

    Sec. 716.  None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address to 
any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 717.  <<NOTE: Approval requirement.>>  None of the funds made 
available in this or any other Act may be used to provide any non-public 
information such

[[Page 136 STAT. 297]]

as mailing, telephone, or electronic mailing lists to any person or any 
organization outside of the Federal Government without the approval of 
the Committees on Appropriations of the House of Representatives and the 
Senate.

    Sec. 718.  <<NOTE: Propaganda.>>  No part of any appropriation 
contained in this or any other Act shall be used directly or indirectly, 
including by private contractor, for publicity or propaganda purposes 
within the United States not heretofore authorized by Congress.

    Sec. 719. <<NOTE: Definitions.>>  (a) In this section, the term 
``agency''--
            (1) means an Executive agency, as defined under 5 U.S.C. 
        105; and
            (2) includes a military department, as defined under section 
        102 of such title, the United States Postal Service, and the 
        Postal Regulatory Commission.

    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest 
effort and a reasonable proportion of such employee's time in the 
performance of official duties.
    Sec. 720.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.
    Sec. 721.  <<NOTE: Reimbursement. Approval.>>  Notwithstanding 31 
U.S.C. 1346 and section 708 of this Act, the head of each Executive 
department and agency is hereby authorized to transfer to or reimburse 
``General Services Administration, Government-wide Policy'' with the 
approval of the Director of the Office of Management and Budget, funds 
made available for the current fiscal year by this or any other Act, 
including rebates from charge card and other contracts:  Provided, 
That <<NOTE: Consultation.>>  these funds shall be administered by the 
Administrator of General Services to support Government-wide and other 
multi-agency financial, information technology, procurement, and other 
management innovations, initiatives, and activities, including improving 
coordination and reducing duplication, as approved by the Director of 
the Office of Management and Budget, in consultation with the 
appropriate interagency and multi-agency groups designated by the 
Director (including the President's Management Council for overall 
management improvement initiatives, the Chief Financial Officers Council 
for financial management initiatives, the Chief Information Officers 
Council for information technology initiatives, the Chief Human Capital 
Officers Council for human capital initiatives, the Chief Acquisition 
Officers Council for procurement initiatives, and the Performance 
Improvement Council for performance improvement initiatives):  Provided 
further, That the total funds transferred or reimbursed shall not exceed 
$15,000,000 to improve coordination, reduce duplication, and for other 
activities related to Federal Government Priority Goals established by 
31 U.S.C. 1120, and not to exceed $17,000,000 for Government-wide 
innovations, initiatives, and activities:  Provided further, That the 
funds transferred to or for reimbursement of ``General Services 
Administration, Government-wide Policy'' during fiscal year 2022 shall 
remain available for obligation through September 30, 2023:

[[Page 136 STAT. 298]]

 Provided further, <<NOTE: Time period. Notification.>>  That such 
transfers or reimbursements may only be made after 15 days following 
notification of the Committees on Appropriations of the House of 
Representatives and the Senate by the Director of the Office of 
Management and Budget.

    Sec. 722.  <<NOTE: Breastfeeding.>>  Notwithstanding any other 
provision of law, a woman may breastfeed her child at any location in a 
Federal building or on Federal property, if the woman and her child are 
otherwise authorized to be present at the location.

    Sec. 723.  Notwithstanding 31 U.S.C. 1346 , or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of specific 
projects, workshops, studies, and similar efforts to carry out the 
purposes of the National Science and Technology Council (authorized by 
Executive Order No. 12881), which benefit multiple Federal departments, 
agencies, or entities:  Provided, <<NOTE: Reports.>>  That the Office of 
Management and Budget shall provide a report describing the budget of 
and resources connected with the National Science and Technology Council 
to the Committees on Appropriations, the House Committee on Science, 
Space, and Technology, and the Senate Committee on Commerce, Science, 
and Transportation 90 days after enactment of this Act.

    Sec. 724.  <<NOTE: Compliance.>>  Any request for proposals, 
solicitation, grant application, form, notification, press release, or 
other publications involving the distribution of Federal funds shall 
comply with any relevant requirements in part 200 of title 2, Code of 
Federal Regulations:  Provided, <<NOTE: Applicability.>>  That this 
section shall apply to direct payments, formula funds, and grants 
received by a State receiving Federal funds.

    Sec. 725. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) <<NOTE: Data.>>  to collect, review, or create any 
        aggregation of data, derived from any means, that includes any 
        personally identifiable information relating to an individual's 
        access to or use of any Federal Government Internet site of the 
        agency; or
            (2) <<NOTE: Contracts.>>  to enter into any agreement with a 
        third party (including another government agency) to collect, 
        review, or obtain any aggregation of data, derived from any 
        means, that includes any personally identifiable information 
        relating to an individual's access to or use of any 
        nongovernmental Internet site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the provider 
        of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.

[[Page 136 STAT. 299]]

            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety and 
        soundness, overall financial condition, management practices and 
        policies and compliance with applicable standards as provided in 
        law.

    Sec. 726. <<NOTE: Contracts. Drugs and drug 
abuse. Contraceptives.>>  (a) None of the funds appropriated by this Act 
may be used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.

    (b) <<NOTE: Religion.>>  Nothing in this section shall apply to a 
contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan 
        objects to such coverage on the basis of religious beliefs.

    (c) <<NOTE: Discrimination.>>  In implementing this section, any 
plan that enters into or renews a contract under this section may not 
subject any individual to discrimination on the basis that the 
individual refuses to prescribe or otherwise provide for contraceptives 
because such activities would be contrary to the individual's religious 
beliefs or moral convictions.

    (d) <<NOTE: Abortion.>>  Nothing in this section shall be construed 
to require coverage of abortion or abortion-related services.

    Sec. 727.  <<NOTE: Anti-doping.>>  The United States is committed to 
ensuring the health of its Olympic, Pan American, and Paralympic 
athletes, and supports the strict adherence to anti-doping in sport 
through testing, adjudication, education, and research as performed by 
nationally recognized oversight authorities.

    Sec. 728.  Notwithstanding any other provision of law, funds 
appropriated for official travel to Federal departments and agencies may 
be used by such departments and agencies, if consistent with Office of 
Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 729.  Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel Management 
to add sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the detail of 
executive branch employees to the legislative branch).
    Sec. 730.  <<NOTE: Contracts. Advance approval.>>  Notwithstanding 
any other provision of law, no executive branch agency shall purchase, 
construct, or lease any additional facilities, except within or 
contiguous to existing locations, to be used for the purpose of 
conducting Federal law enforcement training without the advance approval 
of the Committees on Appropriations of the House of Representatives and 
the Senate, except that the Federal Law Enforcement Training Centers is 
authorized to obtain the temporary use of additional facilities by 
lease, contract, or other agreement for training which cannot be 
accommodated in existing Centers facilities.

    Sec. 731.  <<NOTE: News stories.>>  Unless otherwise authorized by 
existing law, none of the funds provided in this or any other Act may be 
used by an executive branch agency to produce any prepackaged news story

[[Page 136 STAT. 300]]

intended for broadcast or distribution in the United States, unless the 
story includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.

    Sec. 732.  None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act), and regulations implementing that 
section.
    Sec. 733. <<NOTE: Contracts.>>  (a) In General.--None of the funds 
appropriated or otherwise made available by this or any other Act may be 
used for any Federal Government contract with any foreign incorporated 
entity which is treated as an inverted domestic corporation under 
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or 
any subsidiary of such an entity.

    (b) Waivers.--
            (1) In general. <<NOTE: Determination.>> --Any Secretary 
        shall waive subsection (a) with respect to any Federal 
        Government contract under the authority of such Secretary if the 
        Secretary determines that the waiver is required in the interest 
        of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.

    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 734.  During fiscal year 2022, for each employee who--
            (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
        title 5, United States Code; or
            (2) retires under any other provision of subchapter III of 
        chapter 83 or chapter 84 of such title 5 and receives a payment 
        as an incentive to separate, the separating agency shall remit 
        to the Civil Service Retirement and Disability Fund an amount 
        equal to the Office of Personnel Management's average unit cost 
        of processing a retirement claim for the preceding fiscal year. 
        Such amounts shall be available until expended to the Office of 
        Personnel Management and shall be deemed to be an administrative 
        expense under section 8348(a)(1)(B) of title 5, United States 
        Code.

    Sec. 735. <<NOTE: Contracts.>>  (a) None of the funds made available 
in this or any other Act may be used to recommend or require any entity 
submitting an offer for a Federal contract to disclose any of the 
following information as a condition of submitting the offer:
            (1) Any payment consisting of a contribution, expenditure, 
        independent expenditure, or disbursement for an electioneering 
        communication that is made by the entity, its officers or 
        directors, or any of its affiliates or subsidiaries to a 
        candidate for election for Federal office or to a political 
        committee, or that is otherwise made with respect to any 
        election for Federal office.
            (2) Any disbursement of funds (other than a payment 
        described in paragraph (1)) made by the entity, its officers or 
        directors, or any of its affiliates or subsidiaries to any 
        person with the intent or the reasonable expectation that the 
        person will use the funds to make a payment described in 
        paragraph (1).

    (b) <<NOTE: Definitions.>>  In this section, each of the terms 
``contribution'', ``expenditure'', ``independent expenditure'', 
``electioneering communication'', ``candidate'', ``election'', and 
``Federal office'' has the meaning given

[[Page 136 STAT. 301]]

such term in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 
et seq.).

    Sec. 736.  None of the funds made available in this or any other Act 
may be used to pay for the painting of a portrait of an officer or 
employee of the Federal Government, including the President, the Vice 
President, a member of Congress (including a Delegate or a Resident 
Commissioner to Congress), the head of an executive branch agency (as 
defined in section 133 of title 41, United States Code), or the head of 
an office of the legislative branch.
    Sec. 737. <<NOTE: Time periods. 5 USC 5343 note.>>  (a)(1) 
Notwithstanding any other provision of law, and except as otherwise 
provided in this section, no part of any of the funds appropriated for 
fiscal year 2022, by this or any other Act, may be used to pay any 
prevailing rate employee described in section 5342(a)(2)(A) of title 5, 
United States Code--
            (A) during the period from the date of expiration of the 
        limitation imposed by the comparable section for the previous 
        fiscal years until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal year 
        2022, in an amount that exceeds the rate payable for the 
        applicable grade and step of the applicable wage schedule in 
        accordance with such section; and
            (B) during the period consisting of the remainder of fiscal 
        year 2022, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under subparagraph (A) by 
        more than the sum of--
                    (i) the percentage adjustment taking effect in 
                fiscal year 2022 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (ii) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2022 under section 5304 of 
                such title (whether by adjustment or otherwise), and the 
                overall average percentage of such payments which was 
                effective in the previous fiscal year under such 
                section.

    (2) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which paragraph (1) is in 
effect at a rate that exceeds the rates that would be payable under 
paragraph (1) were paragraph (1) applicable to such employee.
    (3) <<NOTE: Determination. Regulations.>>  For the purposes of this 
subsection, the rates payable to an employee who is covered by this 
subsection and who is paid from a schedule not in existence on September 
30, 2021, shall be determined under regulations prescribed by the Office 
of Personnel Management.

    (4) <<NOTE: Determination.>>  Notwithstanding any other provision of 
law, rates of premium pay for employees subject to this subsection may 
not be changed from the rates in effect on September 30, 2021, except to 
the extent determined by the Office of Personnel Management to be 
consistent with the purpose of this subsection.

    (5) <<NOTE: Applicability.>>  This subsection shall apply with 
respect to pay for service performed after September 30, 2021.

[[Page 136 STAT. 302]]

    (6) For the purpose of administering any provision of law (including 
any rule or regulation that provides premium pay, retirement, life 
insurance, or any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the basis 
of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this subsection shall be treated as the 
rate of salary or basic pay.

    (7) Nothing in this subsection shall be considered to permit or 
require the payment to any employee covered by this subsection at a rate 
in excess of the rate that would be payable were this subsection not in 
effect.
    (8) <<NOTE: Determination.>>  The Office of Personnel Management may 
provide for exceptions to the limitations imposed by this subsection if 
the Office determines that such exceptions are necessary to ensure the 
recruitment or retention of qualified employees.

    (b) <<NOTE: Locality pay.>>  Notwithstanding subsection (a), the 
adjustment in rates of basic pay for the statutory pay systems that take 
place in fiscal year 2022 under sections 5344 and 5348 of title 5, 
United States Code, shall be--
            (1) not less than the percentage received by employees in 
        the same location whose rates of basic pay are adjusted pursuant 
        to the statutory pay systems under sections 5303 and 5304 of 
        title 5, United States Code:  Provided, That prevailing rate 
        employees at locations where there are no employees whose pay is 
        increased pursuant to sections 5303 and 5304 of title 5, United 
        States Code, and prevailing rate employees described in section 
        5343(a)(5) of title 5, United States Code, shall be considered 
        to be located in the pay locality designated as ``Rest of United 
        States'' pursuant to section 5304 of title 5, United States 
        Code, for purposes of this subsection; and
            (2) <<NOTE: Effective date.>>  effective as of the first day 
        of the first applicable pay period beginning after September 30, 
        2021.

    Sec. 738. <<NOTE: Reports. Contracts.>>  (a) The head of any 
Executive branch department, agency, board, commission, or office funded 
by this or any other appropriations Act shall submit annual reports to 
the Inspector General or senior ethics official for any entity without 
an Inspector General, regarding the costs and contracting procedures 
related to each conference held by any such department, agency, board, 
commission, or office during fiscal year 2022 for which the cost to the 
United States Government was more than $100,000.

    (b) Each report submitted shall include, for each conference 
described in subsection (a) held during the applicable period--
            (1) a description of its purpose;
            (2) the number of participants attending;
            (3) <<NOTE: Cost statement.>>  a detailed statement of the 
        costs to the United States Government, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services;
                    (C) the cost of employee or contractor travel to and 
                from the conference; and
                    (D) a discussion of the methodology used to 
                determine which costs relate to the conference; and
            (4) a description of the contracting procedures used 
        including--
                    (A) whether contracts were awarded on a competitive 
                basis; and

[[Page 136 STAT. 303]]

                    (B) a discussion of any cost comparison conducted by 
                the departmental component or office in evaluating 
                potential contractors for the conference.

    (c) <<NOTE: Deadline. Time period. Notification.>>  Within 15 days 
after the end of a quarter, the head of any such department, agency, 
board, commission, or office shall notify the Inspector General or 
senior ethics official for any entity without an Inspector General, of 
the date, location, and number of employees attending a conference held 
by any Executive branch department, agency, board, commission, or office 
funded by this or any other appropriations Act during fiscal year 2022 
for which the cost to the United States Government was more than 
$20,000.

    (d) <<NOTE: Grants. Contracts.>>  A grant or contract funded by 
amounts appropriated by this or any other appropriations Act may not be 
used for the purpose of defraying the costs of a conference described in 
subsection (c) that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a 
conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.

    (e) None of the funds made available in this or any other 
appropriations Act may be used for travel and conference activities that 
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
    Sec. 739.  None of the funds made available in this or any other 
appropriations Act may be used to increase, eliminate, or reduce funding 
for a program, project, or activity as proposed in the President's 
budget request for a fiscal year until such proposed change is 
subsequently enacted in an appropriation Act, or unless such change is 
made pursuant to the reprogramming or transfer provisions of this or any 
other appropriations Act.
    Sec. 740.  None of the funds made available by this or any other Act 
may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 
et seq.).
    Sec. 741.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal employees 
pursuant to Office of Management and Budget Circular A-76 or any other 
administrative regulation, directive, or policy.
    Sec. 742. <<NOTE: Contracts. Grants. Confidentiality agreements.>>  
(a) None of the funds appropriated or otherwise made available by this 
or any other Act may be available for a contract, grant, or cooperative 
agreement with an entity that requires employees or contractors of such 
entity seeking to report fraud, waste, or abuse to sign internal 
confidentiality agreements or statements prohibiting or otherwise 
restricting such employees or contractors from lawfully reporting such 
waste, fraud, or abuse to a designated investigative or law enforcement 
representative of a Federal department or agency authorized to receive 
such information.

    (b) The limitation in subsection (a) shall not contravene 
requirements applicable to Standard Form 312, Form 4414, or any other 
form issued by a Federal department or agency governing the 
nondisclosure of classified information.

[[Page 136 STAT. 304]]

    Sec. 743. <<NOTE: Nondisclosure agreements.>>  (a) No funds 
appropriated in this or any other Act may be used to implement or 
enforce the agreements in Standard Forms 312 and 4414 of the Government 
or any other nondisclosure policy, form, or agreement if such policy, 
form, or agreement does not contain the following provisions: ``These 
provisions are consistent with and do not supersede, conflict with, or 
otherwise alter the employee obligations, rights, or liabilities created 
by existing statute or Executive order relating to (1) classified 
information, (2) communications to Congress, (3) the reporting to an 
Inspector General or the Office of Special Counsel of a violation of any 
law, rule, or regulation, or mismanagement, a gross waste of funds, an 
abuse of authority, or a substantial and specific danger to public 
health or safety, or (4) any other whistleblower protection. The 
definitions, requirements, obligations, rights, sanctions, and 
liabilities created by controlling Executive orders and statutory 
provisions are incorporated into this agreement and are controlling.'':  
Provided, That notwithstanding the preceding provision of this section, 
a nondisclosure policy form or agreement that is to be executed by a 
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United States 
Government, may contain provisions appropriate to the particular 
activity for which such document is to be used. Such form or agreement 
shall, at a minimum, require that the person will not disclose any 
classified information received in the course of such activity unless 
specifically authorized to do so by the United States Government. Such 
nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress, or to an authorized official of an executive 
agency or the Department of Justice, that are essential to reporting a 
substantial violation of law.

    (b) A nondisclosure agreement may continue to be implemented and 
enforced notwithstanding subsection (a) if it complies with the 
requirements for such agreement that were in effect when the agreement 
was entered into.
    (c) No funds appropriated in this or any other Act may be used to 
implement or enforce any agreement entered into during fiscal year 2014 
which does not contain substantially similar language to that required 
in subsection (a).
    Sec. 744. 
<<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax 
liability. Determination.>>  None of the funds made available by this or 
any other Act may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to, any corporation that has any unpaid 
Federal tax liability that has been assessed, for which all judicial and 
administrative remedies have been exhausted or have lapsed, and that is 
not being paid in a timely manner pursuant to an agreement with the 
authority responsible for collecting the tax liability, where the 
awarding agency is aware of the unpaid tax liability, unless a Federal 
agency has considered suspension or debarment of the corporation and has 
made a determination that this further action is not necessary to 
protect the interests of the Government.

    Sec. 745.  
None <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Crimina
l violations. Time period. Determination.>>  of the funds made available 
by this or any other Act may be used to enter into a contract, 
memorandum of understanding, or cooperative agreement with, make a grant 
to, or provide a loan or loan guarantee to, any corporation that was 
convicted of a felony criminal violation under any Federal law within 
the preceding 24 months, where the awarding agency

[[Page 136 STAT. 305]]

is aware of the conviction, unless a Federal agency has considered 
suspension or debarment of the corporation and has made a determination 
that this further action is not necessary to protect the interests of 
the Government.

    Sec. 746. (a) <<NOTE: Notification.>>  During fiscal year 2022, on 
the date on which a request is made for a transfer of funds in 
accordance with section 1017 of Public Law 111-203, the Bureau of 
Consumer Financial Protection shall notify the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Financial Services of the House of Representatives, and the 
Committee on Banking, Housing, and Urban Affairs of the Senate of such 
request.

    (b) <<NOTE: Public information. Web posting. Effective date. 5 USC 
5303 note.>>  Any notification required by this section shall be made 
available on the Bureau's public website.

    Sec. 747. (a) Notwithstanding any official rate adjusted under 
section 104 of title 3, United States Code, the rate payable to the Vice 
President during calendar year 2022 shall be the rate payable to the 
Vice President on December 31, 2021, by operation of section 748 of 
division E of Public Law 116-260.
    (b) <<NOTE: Effective date.>>  Notwithstanding any official rate 
adjusted under section 5318 of title 5, United States Code, or any other 
provision of law, the payable rate during calendar year 2022 for an 
employee serving in an Executive Schedule position, or in a position for 
which the rate of pay is fixed by statute at an Executive Schedule rate, 
shall be the rate payable for the applicable Executive Schedule level on 
December 31, 2021, by operation of section 748 of division E of Public 
Law 116-260. Such an employee may not receive a rate increase during 
calendar year 2022, except as provided in subsection (i).

    (c) Notwithstanding section 401 of the Foreign Service Act of 1980 
(Public Law 96-465) or any other provision of law, a chief of mission or 
ambassador at large is subject to subsection (b) in the same manner as 
other employees who are paid at an Executive Schedule rate.
    (d)(1) <<NOTE: Applicability.>>  This subsection applies to--
            (A) a noncareer appointee in the Senior Executive Service 
        paid a rate of basic pay at or above the official rate for level 
        IV of the Executive Schedule; or
            (B) a limited term appointee or limited emergency appointee 
        in the Senior Executive Service serving under a political 
        appointment and paid a rate of basic pay at or above the 
        official rate for level IV of the Executive Schedule.

    (2) Notwithstanding sections 5382 and 5383 of title 5, United States 
Code, an employee described in paragraph (1) may not receive a pay rate 
increase during calendar year 2022, except as provided in subsection 
(i).
    (e) Notwithstanding any other provision of law, any employee paid a 
rate of basic pay (including any locality- based payments under section 
5304 of title 5, United States Code, or similar authority) at or above 
the official rate for level IV of the Executive Schedule who serves 
under a political appointment may not receive a pay rate increase during 
calendar year 2022, except as provided in subsection (i). This 
subsection does not apply to employees in the General Schedule pay 
system or the Foreign Service pay system, to employees appointed under 
section 3161 of title 5, United States Code, or to employees in another 
pay system whose position would

[[Page 136 STAT. 306]]

be classified at GS-15 or below if chapter 51 of title 5, United States 
Code, applied to them.
    (f) Nothing in subsections (b) through (e) shall prevent employees 
who do not serve under a political appointment from receiving pay 
increases as otherwise provided under applicable law.
    (g) This section does not apply to an individual who makes an 
election to retain Senior Executive Service basic pay under section 
3392(c) of title 5, United States Code, for such time as that election 
is in effect.
    (h) This section does not apply to an individual who makes an 
election to retain Senior Foreign Service pay entitlements under section 
302(b) of the Foreign Service Act of 1980 (Public Law 96-465) for such 
time as that election is in effect.
    (i) Notwithstanding subsections (b) through (e), an employee in a 
covered position may receive a pay rate increase upon an authorized 
movement to a different covered position only if that new position has 
higher-level duties and a pre-established level or range of pay higher 
than the level or range for the position held immediately before the 
movement. <<NOTE: Effective date.>>  Any such increase must be based on 
the rates of pay and applicable limitations on payable rates of pay in 
effect on December 31, 2021, by operation of section 748 of division E 
of Public Law 116-260.

    (j) <<NOTE: Effective date.>>  Notwithstanding any other provision 
of law, for an individual who is newly appointed to a covered position 
during the period of time subject to this section, the initial pay rate 
shall be based on the rates of pay and applicable limitations on payable 
rates of pay in effect on December 31, 2021, by operation of section 748 
of division E of Public Law 116-260.

    (k) <<NOTE: Applicability.>>  If an employee affected by this 
section is subject to a biweekly pay period that begins in calendar year 
2022 but ends in calendar year 2023, the bar on the employee's receipt 
of pay rate increases shall apply through the end of that pay period.

    (l) <<NOTE: Definition.>>  For the purpose of this section, the term 
``covered position'' means a position occupied by an employee whose pay 
is restricted under this section.

    (m) <<NOTE: Effective date.>>  This section takes effect on the 
first day of the first applicable pay period beginning on or after 
January 1, 2022.

    Sec. 748. <<NOTE: Notification. Apportionments.>>  (a) Each 
department or agency of the executive branch of the United States 
Government shall notify the Committees on Appropriations and the Budget 
of the House of Representatives and the Senate and any other appropriate 
congressional committees if--
            (1) an apportionment is not made in the required time period 
        provided in section 1513(b) of title 31, United States Code;
            (2) an approved apportionment received by the department or 
        agency conditions the availability of an appropriation on 
        further action; or
            (3) an approved apportionment received by the department or 
        agency may hinder the prudent obligation of such appropriation 
        or the execution of a program, project, or activity by such 
        department or agency.

    (b) Any notification submitted to a congressional committee pursuant 
to this section shall contain information identifying the bureau, 
account name, appropriation name, and Treasury Appropriation Fund Symbol 
or fund account.

[[Page 136 STAT. 307]]

    Sec. 749. (a) Any non-Federal entity receiving funds provided in 
this or any other appropriations Act for fiscal year 2022 that are 
specified in the disclosure table submitted in compliance with clause 9 
of rule XXI of the Rules of the House of Representatives or Rule XLIV of 
the Standing Rules of the Senate that is included in the report or 
explanatory statement accompanying any such Act shall be deemed to be a 
recipient of a Federal award with respect to such funds for purposes of 
the requirements of 2 C.F.R. 200.334, regarding records retention, and 2 
C.F.R. 200.337, regarding access by the Comptroller General of the 
United States.
    (b) Nothing in this section shall be construed to limit, amend, 
supersede, or restrict in any manner any requirements otherwise 
applicable to non-Federal entities described in paragraph (1) or any 
existing authority of the Comptroller General.
    Sec. 750.  Section 15010(a)(6) of division B of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116-136) <<NOTE: 5 USC 
app. 11 note.>>  is amended--
            (1) in subparagraph (D), by striking ``or'';
            (2) in subparagraph (E), by striking ``; and'' and inserting 
        ``; or''; and
            (3) by inserting after subparagraph (E), the following:
                    ``(F) the American Rescue Plan Act of 2021 (Public 
                Law 117-2); and''.

    Sec. 751.  Notwithstanding section 1346 of title 31, United States 
Code, or section 708 of this Act, funds made available by this or any 
other Act to any Federal agency may be used by that Federal agency for 
interagency funding for coordination with, participation in, or 
recommendations involving, activities of the U.S. Army Medical Research 
and Development Command, the Congressionally Directed Medical Research 
Programs and the National Institutes of Health research programs.
    Sec. 752.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such title IV or VIII.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfers of funds)

    Sec. 801.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 802.  <<NOTE: Propaganda. Lobbying.>>  None of the Federal 
funds provided in this Act shall be used for publicity or propaganda 
purposes or implementation of any policy including boycott designed to 
support or defeat legislation pending before Congress or any State 
legislature.

    Sec. 803. (a) None of the Federal funds provided under this Act to 
the agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2022, or provided from any accounts in the Treasury of the United 
States derived by the collection

[[Page 136 STAT. 308]]

of fees available to the agencies funded by this Act, shall be available 
for obligation or expenditures for an agency through a reprogramming of 
funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) re-establishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $3,000,000 or 10 percent, whichever is less; or
            (7) <<NOTE: Advance approval.>>  increases by 20 percent or 
        more personnel assigned to a specific program, project or 
        responsibility center, unless prior approval is received from 
        the Committees on Appropriations of the House of Representatives 
        and the Senate.

    (b) <<NOTE: Termination date.>>  The District of Columbia government 
is authorized to approve and execute reprogramming and transfer requests 
of local funds under this title through November 7, 2022.

    Sec. 804.  None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 805.  Except as otherwise provided in this section, none of the 
funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official 
duties. <<NOTE: Definition.>> For purposes of this section, the term 
``official duties'' does not include travel between the officer's or 
employee's residence and workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day;
            (4) at the discretion of the Chief Medical Examiner, an 
        officer or employee of the Office of the Chief Medical Examiner 
        who resides in the District of Columbia and is on call 24 hours 
        a day;
            (5) at the discretion of the Director of the Homeland 
        Security and Emergency Management Agency, an officer or employee 
        of the Homeland Security and Emergency Management Agency who 
        resides in the District of Columbia and is on call 24 hours a 
        day;
            (6) the Mayor of the District of Columbia; and

[[Page 136 STAT. 309]]

            (7) the Chairman of the Council of the District of Columbia.

    Sec. 806. <<NOTE: Voting rights.>>  (a) None of the Federal funds 
contained in this Act may be used by the District of Columbia Attorney 
General or any other officer or entity of the District government to 
provide assistance for any petition drive or civil action which seeks to 
require Congress to provide for voting representation in Congress for 
the District of Columbia.

    (b) Nothing in this section bars the District of Columbia Attorney 
General from reviewing or commenting on briefs in private lawsuits, or 
from consulting with officials of the District government regarding such 
lawsuits.
    Sec. 807.  <<NOTE: Needle distribution.>>  None of the Federal funds 
contained in this Act may be used to distribute any needle or syringe 
for the purpose of preventing the spread of blood borne pathogens in any 
location that has been determined by the local public health or local 
law enforcement authorities to be inappropriate for such distribution.

    Sec. 808.  <<NOTE: Contraceptives. Conscience exception.>>  Nothing 
in this Act may be construed to prevent the Council or Mayor of the 
District of Columbia from addressing the issue of the provision of 
contraceptive coverage by health insurance plans, but it is the intent 
of Congress that any legislation enacted on such issue should include a 
``conscience clause'' which provides exceptions for religious beliefs 
and moral convictions.

    Sec. 809. <<NOTE: Penalties. Drugs and drug abuse.>>  (a) None of 
the Federal funds contained in this Act may be used to enact or carry 
out any law, rule, or regulation to legalize or otherwise reduce 
penalties associated with the possession, use, or distribution of any 
schedule I substance under the Controlled Substances Act (21 U.S.C. 801 
et seq.) or any tetrahydrocannabinols derivative.

    (b) No funds available for obligation or expenditure by the District 
of Columbia government under any authority may be used to enact any law, 
rule, or regulation to legalize or otherwise reduce penalties associated 
with the possession, use, or distribution of any schedule I substance 
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any 
tetrahydrocannabinols derivative for recreational purposes.
    Sec. 810.  <<NOTE: Abortion.>>  No funds available for obligation or 
expenditure by the District of Columbia government under any authority 
shall be expended for any abortion except where the life of the mother 
would be endangered if the fetus were carried to term or where the 
pregnancy is the result of an act of rape or incest.

    Sec. 811. <<NOTE: Deadline. Operating budget.>>  (a) No later than 
30 calendar days after the date of the enactment of this Act, the Chief 
Financial Officer for the District of Columbia shall submit to the 
appropriate committees of Congress, the Mayor, and the Council of the 
District of Columbia, a revised appropriated funds operating budget in 
the format of the budget that the District of Columbia government 
submitted pursuant to section 442 of the District of Columbia Home Rule 
Act (D.C. Official Code, sec. 1-204.42), for all agencies of the 
District of Columbia government for fiscal year 2022 that is in the 
total amount of the approved appropriation and that realigns all 
budgeted data for personal services and other-than-personal services, 
respectively, with anticipated actual expenditures.

    (b) <<NOTE: Applicability. Certification.>>  This section shall 
apply only to an agency for which the Chief Financial Officer for the 
District of Columbia certifies that a reallocation is required to 
address unanticipated changes in program requirements.

[[Page 136 STAT. 310]]

    Sec. 812.  <<NOTE: Deadline. Operating budget.>>  No later than 30 
calendar days after the date of the enactment of this Act, the Chief 
Financial Officer for the District of Columbia shall submit to the 
appropriate committees of Congress, the Mayor, and the Council for the 
District of Columbia, a revised appropriated funds operating budget for 
the District of Columbia Public Schools that aligns schools budgets to 
actual enrollment. The revised appropriated funds budget shall be in the 
format of the budget that the District of Columbia government submitted 
pursuant to section 442 of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1-204.42).

    Sec. 813. (a) Amounts appropriated in this Act as operating funds 
may be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred, shall retain appropriation 
authority consistent with the provisions of this Act.
    (b) <<NOTE: Time period.>>  The District of Columbia government is 
authorized to reprogram or transfer for operating expenses any local 
funds transferred or reprogrammed in this or the four prior fiscal years 
from operating funds to capital funds, and such amounts, once 
transferred or reprogrammed, shall retain appropriation authority 
consistent with the provisions of this Act.

    (c) The District of Columbia government may not transfer or 
reprogram for operating expenses any funds derived from bonds, notes, or 
other obligations issued for capital projects.
    Sec. 814.  None of the Federal funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, nor may 
any be transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 815.  Except as otherwise specifically provided by law or under 
this Act, not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2022 from appropriations of Federal 
funds made available for salaries and expenses for fiscal year 2022 in 
this Act, shall remain available through September 30, 2023, for each 
such account for the purposes authorized:  Provided, <<NOTE: Advance 
approval.>>  That a request shall be submitted to the Committees on 
Appropriations of the House of Representatives and the Senate for 
approval prior to the expenditure of such funds:  Provided further, That 
these <<NOTE: Compliance.>>  requests shall be made in compliance with 
reprogramming guidelines outlined in section 803 of this Act.

    Sec. 816. (a)(1) <<NOTE: Time period.>>  During fiscal year 2023, 
during a period in which neither a District of Columbia continuing 
resolution or a regular District of Columbia appropriation bill is in 
effect, local funds are appropriated in the amount provided for any 
project or activity for which local funds are provided in the Act 
referred to in paragraph (2) (subject to any modifications enacted by 
the District of Columbia as of the beginning of the period during which 
this subsection is in effect) at the rate set forth by such Act.

    (2) The Act referred to in this paragraph is the Act of the Council 
of the District of Columbia pursuant to which a proposed budget is 
approved for fiscal year 2023 which (subject to the requirements of the 
District of Columbia Home Rule Act) will constitute the local portion of 
the annual budget for the District of Columbia government for fiscal 
year 2023 for purposes of section 446 of the District of Columbia Home 
Rule Act (sec. 1-204.46, D.C. Official Code).
    (b) Appropriations made by subsection (a) shall cease to be 
available--

[[Page 136 STAT. 311]]

            (1) during any period in which a District of Columbia 
        continuing resolution for fiscal year 2023 is in effect; or
            (2) upon the enactment into law of the regular District of 
        Columbia appropriation bill for fiscal year 2023.

    (c) An appropriation made by subsection (a) is provided under the 
authority and conditions as provided under this Act and shall be 
available to the extent and in the manner that would be provided by this 
Act.
    (d) <<NOTE: Applicability.>>  An appropriation made by subsection 
(a) shall cover all obligations or expenditures incurred for such 
project or activity during the portion of fiscal year 2023 for which 
this section applies to such project or activity.

    (e) This section shall not apply to a project or activity during any 
period of fiscal year 2023 if any other provision of law (other than an 
authorization of appropriations)--
            (1) makes an appropriation, makes funds available, or grants 
        authority for such project or activity to continue for such 
        period; or
            (2) specifically provides that no appropriation shall be 
        made, no funds shall be made available, or no authority shall be 
        granted for such project or activity to continue for such 
        period.

    (f) Nothing in this section shall be construed to affect obligations 
of the government of the District of Columbia mandated by other law.
    Sec. 817. (a) Section 244 of the Revised Statutes of the United 
States relating to the District of Columbia (sec. 9-1201.03, D.C. 
Official Code) does not apply with respect to any railroads installed 
pursuant to the Long Bridge Project.
    (b) <<NOTE: Definition. Virginia.>>  In this section, the term 
``Long Bridge Project'' means the project carried out by the District of 
Columbia and the Commonwealth of Virginia to construct a new Long Bridge 
adjacent to the existing Long Bridge over the Potomac River, including 
related infrastructure and other related projects, to expand commuter 
and regional passenger rail service and to provide bike and pedestrian 
access crossings over the Potomac River.

    Sec. 818.  <<NOTE: Time period. Reports.>>  Not later than 45 days 
after the last day of each quarter, each Federal and District government 
agency appropriated Federal funds in this Act shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a quarterly budget report that includes total obligations of the 
Agency for that quarter for each Federal funds appropriation provided in 
this Act, by the source year of the appropriation.

    Sec. 819.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2022''.

[[Page 136 STAT. 312]]

 DIVISION F <<NOTE: Department of Homeland Security Appropriations Act, 
2022.>> --DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2022

                                 TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $236,053,000; of which 
$23,204,000 shall be for the Office of the Ombudsman for Immigration 
Detention, of which $5,000,000 shall remain available until September 
30, 2023:  Provided, That not to exceed $30,000 shall be for official 
reception and representation expenses:  Provided 
further, <<NOTE: Submission.>>  That $5,000,000 shall be withheld from 
obligation until the Secretary submits, to the Committees on 
Appropriations of the Senate and the House of Representatives, responses 
to all questions for the record for each hearing on the fiscal year 2023 
budget submission for the Department of Homeland Security held by such 
Committees prior to July 1.

                           federal assistance

                      (including transfer of funds)

    For necessary expenses of the Office of the Secretary and for 
executive management for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $35,000,000, which shall 
be transferred to ``Federal Emergency Management Agency--Federal 
Assistance'', of which $20,000,000 shall be for targeted violence and 
terrorism prevention grants and of which $15,000,000 shall be for an 
Alternatives to Detention Case Management pilot program, to remain 
available until September 30, 2023:  Provided, That the amounts made 
available for the pilot program shall be awarded as described in the 
first proviso under this heading in title I of division F of Public Law 
116-260 and services shall be provided as described in the second and 
third such provisos.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, including vehicle fleet modernization, $1,637,009,000, of 
which $33,500,000 shall remain available until September 30, 2023:  
Provided, That not to exceed $2,000 shall be for official reception and 
representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $491,816,000, of which 
$132,116,000 shall remain available until September 30,

[[Page 136 STAT. 313]]

2024, and of which $359,700,000 shall remain available until September 
30, 2026.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses related 
to the protection of federally owned and leased buildings and for the 
operations of the Federal Protective Service.

           Intelligence, Analysis, and Operations Coordination

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Operations Coordination for operations and support, 
$298,171,000, of which $89,672,000 shall remain available until 
September 30, 2023:  Provided, That not to exceed $3,825 shall be for 
official reception and representation expenses and not to exceed 
$2,000,000 is available for facility needs associated with secure space 
at fusion centers, including improvements to buildings.

                     Office of the Inspector General

                         operations and support

    For necessary expenses of the Office of the Inspector General for 
operations and support, $205,359,000:  Provided, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                        Administrative Provisions

    Sec. 101. <<NOTE: Reports. Grants. Contracts. Time period.>>  (a) 
The Secretary of Homeland Security shall submit a report not later than 
October 15, 2022, to the Inspector General of the Department of Homeland 
Security listing all grants and contracts awarded by any means other 
than full and open competition during fiscal years 2021 or 2022.

    (b) <<NOTE: Review. Assessment. Compliance.>>  The Inspector General 
shall review the report required by subsection (a) to assess 
departmental compliance with applicable laws and regulations and report 
the results of that review to the Committees on Appropriations of the 
Senate and the House of Representatives not later than February 15, 
2023.

    Sec. 102.  <<NOTE: Budget. Reports.>>  Not later than 30 days after 
the last day of each month, the Chief Financial Officer of the 
Department of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a monthly 
budget and staffing report that includes total obligations of the 
Department for that month and for the fiscal year at the appropriation 
and program, project, and activity levels, by the source year of the 
appropriation.

    Sec. 103.  <<NOTE: Contracts. Award fees.>>  The Secretary of 
Homeland Security shall require that all contracts of the Department of 
Homeland Security that provide award fees link such fees to successful 
acquisition outcomes, which shall be specified in terms of cost, 
schedule, and performance.

    Sec. 104. <<NOTE: Consultation. Notifications.>>  (a) The Secretary 
of Homeland Security, in consultation with the Secretary of the 
Treasury, shall notify the Committees

[[Page 136 STAT. 314]]

on Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9705(g)(4)(B) of 
title 31, United States Code, from the Department of the Treasury 
Forfeiture Fund to any agency within the Department of Homeland 
Security.

    (b) None of the funds identified for such a transfer may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives are notified of the proposed transfer.
    Sec. 105.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 106. <<NOTE: Briefing. Deadline. Contracts.>>  (a) The Under 
Secretary for Management shall brief the Committees on Appropriations of 
the Senate and the House of Representatives not later than 30 days after 
the end of each fiscal quarter on all Level 1 and Level 2 acquisition 
programs on the Master Acquisition Oversight list between Acquisition 
Decision Event 1 and Full Operational Capability, including programs 
that have been removed from such list during the preceding quarter.

    (b) For each such program without a department-approved acquisition 
program baseline, the briefing described in subsection (a) shall 
include--
            (1) a description of the purpose of the program, including 
        the capabilities being acquired and the component(s) sponsoring 
        the acquisition; and
            (2) the Acquisition Review Board status, including--
                    (A) the current acquisition phase;
                    (B) the date and purpose of the most recent review; 
                and
                    (C) whether the program has been paused or is in 
                breach status.

    (c) For each such program with a department-approved acquisition 
program baseline, the briefing described in subsection (a) shall 
include--
            (1) a description of the purpose of the program, including 
        the capabilities being acquired and the component(s) sponsoring 
        the acquisition;
            (2) the total number of units, as appropriate, to be 
        acquired annually until procurement is complete under the 
        current acquisition program baseline;
            (3) the Acquisition Review Board status, including--
                    (A) the current acquisition phase by increment, as 
                applicable;
                    (B) the date of the most recent review; and
                    (C) whether the program has been paused or is in 
                breach status;
            (4) a comparison between the initial Department-approved 
        acquisition program baseline cost, schedule, and performance 
        thresholds and objectives and the program's current such 
        thresholds and objectives, if applicable;
            (5) <<NOTE: Cost estimate.>>  the lifecycle cost estimate, 
        including--
                    (A) the confidence level for the estimate;
                    (B) the fiscal years included in the estimate; and
                    (C) a description of and rationale for any changes 
                to the estimate during the prior fiscal year;

[[Page 136 STAT. 315]]

            (6) <<NOTE: Summary.>>  a summary of the findings of any 
        independent verification and validation of the items to be 
        acquired or an explanation for why no such verification and 
        validation has been performed;
            (7) <<NOTE: Estimates.>>  a table displaying the obligation 
        of all program funds by prior fiscal year, the estimated 
        obligation of funds for the current fiscal year, and an estimate 
        for the planned carryover of funds into the subsequent fiscal 
        year;
            (8) <<NOTE: Listing.>>  a listing of prime contractors and 
        major subcontractors; and
            (9) narrative descriptions of risks to cost, schedule, or 
        performance that could result in a program breach if not 
        successfully mitigated.

    (d) <<NOTE: Memorandums. Deadline.>>  The Under Secretary for 
Management shall submit each approved Acquisition Decision Memoranda for 
programs described in this section to the Committees on Appropriations 
of the Senate and the House of Representatives not later than five 
business days after the date of approval of such memorandum by the Under 
Secretary for Management or the designee of the Under Secretary.

    Sec. 107. <<NOTE: Time period.>>  (a) No Federal funds made 
available to the Department of Homeland Security may be obligated for 
any pilot or demonstration program that uses more than 5 full-time 
equivalents or costs in excess of $1,000,000 until 30 days after the 
date on which the Under Secretary for Management of the Department of 
Homeland Security provides the following to the Committees on 
Appropriations of the Senate and the House of Representatives for such 
program:
            (1) Objectives that are well-defined and measurable;
            (2) <<NOTE: Assessment.>>  An assessment methodology that 
        details--
                    (A) the type and source of assessment data;
                    (B) the methods for and frequency of collecting such 
                data; and
                    (C) how such data will be analyzed;
            (3) <<NOTE: Implementation plan. Cost estimate. Schedule.>>  
        An implementation plan, including milestones, a cost estimate, 
        and schedule, including an end date; and
            (4) <<NOTE: Contracts. Memorandums.>>  A signed interagency 
        agreement or memorandum of agreement for any pilot or 
        demonstration program involving the participation of more than 
        one Department of Homeland Security component or that of an 
        entity not part of such Department.

    (b) <<NOTE: Reports.>>  Not later than 30 days after the date of 
completion of a pilot or demonstration program described in subsection 
(a), the Under Secretary for Management of the Department of Homeland 
Security shall provide a report to the Committees on Appropriations of 
the Senate and the House of Representatives detailing lessons learned, 
actual costs, and any planned expansion or continuation of the pilot or 
demonstration program.

    (c) For the purposes of this section, a pilot or demonstration 
program is a policy implementation, study, demonstration, experimental 
program, or trial that is a small-scale, short-term experiment conducted 
in order to evaluate feasibility, duration, costs, or adverse events, 
and improve upon the design of an effort prior to implementation of a 
larger scale effort.
    Sec. 108. <<NOTE: Reimbursements. Time period.>>  (a) Amounts 
provided in title II of division B of Public Law 117-70 for ``Office of 
the Secretary and Executive Management--Operations and Support'' are 
available for providing reimbursement to airports and airport operators 
for costs incurred

[[Page 136 STAT. 316]]

between August 1, 2021, and September 30, 2022, for activities directly 
and demonstrably related to Operation Allies Welcome.

    (b) Each amount repurposed by this section that was previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 or a 
concurrent resolution on the budget is designated by the Congress as an 
emergency requirement pursuant to section 4001(a)(1) and section 4001(b) 
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the 
budget for fiscal year 2022.

                                TITLE II

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                      (including transfer of funds)

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
alien minors; the provision of air and marine support to Federal, State, 
local, and international agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; at the 
discretion of the Secretary of Homeland Security, the provision of such 
support to Federal, State, and local agencies in other law enforcement 
and emergency humanitarian efforts; the purchase and lease of up to 
7,500 (6,500 for replacement only) police-type vehicles; the purchase, 
maintenance, or operation of marine vessels, aircraft, and unmanned 
aerial systems; and contracting with individuals for personal services 
abroad; $13,756,194,000; of which $3,274,000 shall be derived from the 
Harbor Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which $700,000,000 shall be available until 
September 30, 2023; and of which such sums as become available in the 
Customs User Fee Account, except sums subject to section 13031(f)(3) of 
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account:  Provided, That not to 
exceed $34,425 shall be for official reception and representation 
expenses:  Provided further, That not to exceed $150,000 shall be 
available for payment for rental space in connection with preclearance 
operations:  Provided further, That not to exceed $2,000,000 shall be 
for awards of compensation to informants, to be accounted for solely 
under the certificate of the Secretary of Homeland Security:  Provided 
further, That not to exceed $5,000,000 may be transferred to the Bureau 
of Indian Affairs for the maintenance and repair of roads on Native 
American reservations used by the U.S. Border Patrol.

               procurement, construction, and improvements

    For necessary expenses of U.S. Customs and Border Protection for 
procurement, construction, and improvements, including

[[Page 136 STAT. 317]]

procurement of marine vessels, aircraft, and unmanned aerial systems, 
$572,083,000, of which $93,425,000 shall remain available until 
September 30, 2024; and of which $478,658,000 shall remain available 
until September 30, 2026.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas vetted 
units; and maintenance, minor construction, and minor leasehold 
improvements at owned and leased facilities; $8,206,526,000; of which 
not less than $6,000,000 shall remain available until expended for 
efforts to enforce laws against forced child labor; of which $46,696,000 
shall remain available until September 30, 2023; of which not less than 
$1,500,000 is for paid apprenticeships for participants in the Human 
Exploitation Rescue Operative Child-Rescue Corps; of which not less than 
$15,000,000 shall be available for investigation of intellectual 
property rights violations, including operation of the National 
Intellectual Property Rights Coordination Center; and of which not less 
than $4,175,786,000 shall be for enforcement, detention, and removal 
operations, including transportation of unaccompanied alien minors:  
Provided, That not to exceed $11,475 shall be for official reception and 
representation expenses:  Provided further, That not to exceed 
$10,000,000 shall be available until expended for conducting special 
operations under section 3131 of the Customs Enforcement Act of 1986 (19 
U.S.C. 2081):  Provided further, That not to exceed $2,000,000 shall be 
for awards of compensation to informants, to be accounted for solely 
under the certificate of the Secretary of Homeland Security:  Provided 
further, <<NOTE: Reimbursements.>>  That not to exceed $11,216,000 shall 
be available to fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation of smuggled 
aliens unlawfully present in the United States:  Provided 
further, <<NOTE: Reports.>>  That of the amounts made available under 
this heading in this Act for Executive Leadership and Oversight, 
$5,000,000 shall not be available for obligation until the reports 
directed under this heading by the explanatory statements accompanying 
Public Laws 116-6, 116-93, and 116-260 have been submitted to the 
Committees on Appropriations of the Senate and the House of 
Representatives.

               procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $51,700,000, of which 
$34,321,000 shall remain available until September 30, 2024, and of 
which $17,379,000 shall remain available until September 30, 2026.

[[Page 136 STAT. 318]]

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security Administration 
for operations and support, $8,091,193,000, to remain available until 
September 30, 2023:  Provided, That not to exceed $7,650 shall be for 
official reception and representation expenses:  Provided further, That 
security service fees authorized under section 44940 of title 49, United 
States Code, shall be credited to this appropriation as offsetting 
collections and shall be available only for aviation security:  Provided 
further, That the sum appropriated under this heading from the general 
fund shall be reduced on a dollar-for-dollar basis as such offsetting 
collections are received during fiscal year 2022 so as to result in a 
final fiscal year appropriation from the general fund estimated at not 
more than $5,981,193,000.

               procurement, construction, and improvements

    For necessary expenses of the Transportation Security Administration 
for procurement, construction, and improvements, $160,736,000, to remain 
available until September 30, 2024.

                        research and development

    For necessary expenses of the Transportation Security Administration 
for research and development, $35,532,000, to remain available until 
September 30, 2023.

                               Coast Guard

                         operations and support

    For necessary expenses of the Coast Guard for operations and support 
including the Coast Guard Reserve; purchase or lease of not to exceed 25 
passenger motor vehicles, which shall be for replacement only; purchase 
or lease of small boats for contingent and emergent requirements (at a 
unit cost of not more than $700,000) and repairs and service-life 
replacements, not to exceed a total of $31,000,000; purchase, lease, or 
improvements of boats necessary for overseas deployments and activities; 
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
note; 96 Stat. 1920); and recreation and welfare; $9,162,120,000, of 
which $530,000,000 shall be for defense-related activities; of which 
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)); of which $5,000,000 shall remain available 
until September 30, 2024; of which $27,456,000 shall remain available 
until September 30, 2026, for environmental compliance and restoration; 
and of which $70,000,000 shall remain available until September 30, 
2023, which shall only be available for vessel depot level maintenance:  
Provided, That not to exceed $23,000 shall be for official reception and 
representation expenses.

[[Page 136 STAT. 319]]

               procurement, construction, and improvements

    For necessary expenses of the Coast Guard for procurement, 
construction, and improvements, including aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), and vessels and aircraft, including equipment 
related thereto, $2,030,100,000, to remain available until September 30, 
2026; of which $20,000,000 shall be derived from the Oil Spill Liability 
Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which such sums as 
were deposited into the Coast Guard Housing Fund prior to fiscal year 
2021 that remain unavailable for obligation shall be available to carry 
out the purposes of section 2946 of title 14, United States Code, in 
addition to amounts otherwise available for such purposes, and shall be 
derived from such deposits.

                        research and development

    For necessary expenses of the Coast Guard for research and 
development; and for maintenance, rehabilitation, lease, and operation 
of facilities and equipment; $7,476,000, to remain available until 
September 30, 2024, of which $500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):  
Provided, That there may be credited to and used for the purposes of 
this appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign countries for 
expenses incurred for research, development, testing, and evaluation.

                               retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under the 
Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, payment of continuation pay under 
section 356 of title 37, United States Code, concurrent receipts, 
combat-related special compensation, and payments for medical care of 
retired personnel and their dependents under chapter 55 of title 10, 
United States Code, $1,963,519,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 vehicles 
for police-type use; hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; rental of 
buildings in the District of Columbia; fencing, lighting, guard booths, 
and other facilities on private or other property not in Government 
ownership or control, as may be necessary to perform protective 
functions; conduct of and participation in firearms matches; 
presentation of awards; conduct of behavioral

[[Page 136 STAT. 320]]

research in support of protective intelligence and operations; payment 
in advance for commercial accommodations as may be necessary to perform 
protective functions; and payment, without regard to section 5702 of 
title 5, United States Code, of subsistence expenses of employees who 
are on protective missions, whether at or away from their duty stations; 
$2,554,729,000; of which $53,321,000 shall remain available until 
September 30, 2023, and of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which up to $17,000,000 may be for calendar year 2021 premium pay 
in excess of the annual equivalent of the limitation on the rate of pay 
contained in section 5547(a) of title 5, United States Code, pursuant to 
section 2 of the Overtime Pay for Protective Services Act of 2016 (5 
U.S.C. 5547 note), as last amended by Public Law 116-269:  Provided, 
That not to exceed $19,125 shall be for official reception and 
representation expenses:  Provided further, That not to exceed $100,000 
shall be to provide technical assistance and equipment to foreign law 
enforcement organizations in criminal investigations within the 
jurisdiction of the United States Secret Service.

               procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $54,849,000, to remain 
available until September 30, 2024.

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $2,310,000, to remain available until 
September 30, 2023.

                        Administrative Provisions

    Sec. 201.  <<NOTE: Applicability.>>  Section 201 of the Department 
of Homeland Security Appropriations Act, 2018 (division F of Public Law 
115-141), related to overtime compensation limitations, shall apply with 
respect to funds made available in this Act in the same manner as such 
section applied to funds made available in that Act, except that 
``fiscal year 2022'' shall be substituted for ``fiscal year 2018''.

    Sec. 202.  Funding made available under the headings ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin 
Islands, in addition to funding provided by sections 740 and 1406i of 
title 48, United States Code.
    Sec. 203.  As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an 
adjacent island pursuant to section 13031(a)(5) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be 
available until expended.
    Sec. 204. (a) For an additional amount for ``U.S. Customs and Border 
Protection--Operations and Support'', $31,000,000, to remain available 
until expended, to be reduced by amounts collected and credited to this 
appropriation in fiscal year 2022 from amounts

[[Page 136 STAT. 321]]

authorized to be collected by section 286(i) of the Immigration and 
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the 
Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
25), or other such authorizing language.
    (b) To the extent that amounts realized from such collections exceed 
$31,000,000, those amounts in excess of $31,000,000 shall be credited to 
this appropriation, to remain available until expended.
    Sec. 205.  <<NOTE: Drugs and drug abuse.>>  None of the funds made 
available in this Act for U.S. Customs and Border Protection may be used 
to prevent an individual not in the business of importing a prescription 
drug (within the meaning of section 801(g) of the Federal Food, Drug, 
and Cosmetic Act) from importing a prescription drug from Canada that 
complies with the Federal Food, Drug, and Cosmetic Act:  
Provided, <<NOTE: Applicability. Time period.>>  That this section shall 
apply only to individuals transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day supply:  
Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).

    Sec. 206. <<NOTE: Consultation.>>  (a) Notwithstanding any other 
provision of law, none of the funds provided in this or any other Act 
shall be used to approve a waiver of the navigation and vessel-
inspection laws pursuant to section 501(b) of title 46, United States 
Code, for the transportation of crude oil distributed from and to the 
Strategic Petroleum Reserve until the Secretary of Homeland Security, 
after consultation with the Secretaries of the Departments of Energy and 
Transportation and representatives from the United States flag maritime 
industry, takes adequate measures to ensure the use of United States 
flag vessels.

    (b) <<NOTE: Notification. Deadline. Waivers.>>  The Secretary shall 
notify the Committees on Appropriations of the Senate and the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Transportation and Infrastructure of 
the House of Representatives within 2 business days of any request for 
waivers of navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, with respect to such 
transportation, and the disposition of such requests.

    Sec. 207. <<NOTE: Effective date.>>  (a) Beginning on the date of 
enactment of this Act, the Secretary of Homeland Security shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a border 
        crossing fee.

    (b) <<NOTE: Definition.>>  In this section, the term ``border 
crossing fee'' means a fee that every pedestrian, cyclist, and driver 
and passenger of a private motor vehicle is required to pay for the 
privilege of crossing the Southern border or the Northern border at a 
land port of entry.

    Sec. 208. <<NOTE: Deadline. Expenditure plan.>>  (a) Not later than 
90 days after the date of enactment of this Act, the Secretary of 
Homeland Security shall submit an expenditure plan for any amounts made 
available for ``U.S. Customs

[[Page 136 STAT. 322]]

and Border Protection--Procurement, Construction, and Improvements'' in 
this Act and prior Acts to the Committees on Appropriations of the 
Senate and the House of Representatives.

    (b) No such amounts may be obligated prior to the submission of such 
plan.
    Sec. 209.  Of the total amount made available under ``U.S. Customs 
and Border Protection--Procurement, Construction, and Improvements'', 
$572,083,000 shall be available only as follows:
            (1) $276,000,000 for the acquisition and deployment of 
        border security technologies;
            (2) $99,653,000 for trade and travel assets and 
        infrastructure;
            (3) $93,425,000 for facility construction and improvements;
            (4) $72,395,000 for integrated operations assets and 
        infrastructure; and
            (5) $30,610,000 for mission support and infrastructure.

    Sec. 210.  <<NOTE: Applicability.>>  Section 211 of the Department 
of Homeland Security Appropriations Act, 2021 (division F of Public Law 
116-260), prohibiting the use of funds for the construction of fencing 
in certain areas, shall apply with respect to funds made available in 
this Act in the same manner as such section applied to funds made 
available in that Act.

    Sec. 211. (a) Funds made available in this Act may be used to alter 
operations within the National Targeting Center of U.S. Customs and 
Border Protection.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts that remain available for obligation or expenditure 
in fiscal year 2022, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees available to the 
components funded by this Act, may be used to reduce anticipated or 
planned vetting operations at existing locations unless specifically 
authorized by a statute enacted after the date of enactment of this Act.
    Sec. 212.  Section 411(o)(3) of the Homeland Security Act of 2002 (6 
U.S.C. 211(o)(3)), is amended by striking ``170'' and inserting ``250''.
    Sec. 213.  For an additional amount for ``U.S. Customs and Border 
Protection--Operations and Support'', $100,000,000, to remain available 
until September 30, 2023, in addition to amounts otherwise available for 
such purposes, for Border Patrol hiring and contractors, retention and 
relocation incentives and contract support.
    Sec. 214.  <<NOTE: Determination.>>  None of the funds provided 
under the heading ``U.S. Immigration and Customs Enforcement--Operations 
and Support'' may be used to continue a delegation of law enforcement 
authority authorized under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 
Security Inspector General determines that the terms of the agreement 
governing the delegation of authority have been materially violated.

    Sec. 215. <<NOTE: Contracts. 6 USC 211 note.>>  (a) None of the 
funds provided under the heading ``U.S. Immigration and Customs 
Enforcement--Operations and Support'' may be used to continue any 
contract for the provision of detention services if the two most recent 
overall performance evaluations received by the contracted facility are 
less than ``adequate'' or the equivalent median score in any subsequent 
performance evaluation system.

[[Page 136 STAT. 323]]

    (b) The performance evaluations referenced in subsection (a) shall 
be conducted by the U.S. Immigration and Customs Enforcement Office of 
Professional Responsibility.
    Sec. 216.  <<NOTE: Aliens.>>  Without regard to the limitation as to 
time and condition of section 503(d) of this Act, the Secretary may 
reprogram within and transfer funds to ``U.S. Immigration and Customs 
Enforcement--Operations and Support'' as necessary to ensure the 
detention of aliens prioritized for removal.

    Sec. 217.  <<NOTE: Time period. Applicability. 8 USC 1378a note.>>  
The reports required to be submitted under section 216 of the Department 
of Homeland Security Appropriations Act, 2021 (division F of Public Law 
116-260) shall continue to be submitted semimonthly and each matter 
required to be included in such report by such section 216 shall apply 
in the same manner and to the same extent during the period described in 
this section.

    Sec. 218.  <<NOTE: Applicability.>>  The terms and conditions of 
sections 216 and 217 of the Department of Homeland Security 
Appropriations Act, 2020 (division D of Public Law 116-93) shall apply 
to this Act.

    Sec. 219.  Members of the United States House of Representatives and 
the United States Senate, including the leadership; the heads of Federal 
agencies and commissions, including the Secretary, Deputy Secretary, 
Under Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General, Deputy Attorney 
General, Assistant Attorneys General, and the United States Attorneys; 
and senior members of the Executive Office of the President, including 
the Director of the Office of Management and Budget, shall not be exempt 
from Federal passenger and baggage screening.
    Sec. 220.  <<NOTE: Explosives detection system.>>  Any award by the 
Transportation Security Administration to deploy explosives detection 
systems shall be based on risk, the airport's current reliance on other 
screening solutions, lobby congestion resulting in increased security 
concerns, high injury rates, airport readiness, and increased cost 
effectiveness.

    Sec. 221.  <<NOTE: Contracts. Explosives detection system.>>  
Notwithstanding section 44923 of title 49, United States Code, for 
fiscal year 2022, any funds in the Aviation Security Capital Fund 
established by section 44923(h) of title 49, United States Code, may be 
used for the procurement and installation of explosives detection 
systems or for the issuance of other transaction agreements for the 
purpose of funding projects described in section 44923(a) of such title.

    Sec. 222.  <<NOTE: Reports. Plans.>>  Not later than 30 days after 
the submission of the President's budget proposal, the Administrator of 
the Transportation Security Administration shall submit to the 
Committees on Appropriations and Commerce, Science, and Transportation 
of the Senate and the Committees on Appropriations and Homeland Security 
in the House of Representatives a single report that fulfills the 
following requirements:
            (1) a Capital Investment Plan that includes a plan for 
        continuous and sustained capital investment in new, and the 
        replacement of aged, transportation security equipment;
            (2) the 5-year technology investment plan as required by 
        section 1611 of title XVI of the Homeland Security Act of 2002, 
        as amended by section 3 of the Transportation Security 
        Acquisition Reform Act (Public Law 113-245); and
            (3) the Advanced Integrated Passenger Screening Technologies 
        report as required by the Senate Report accompanying the 
        Department of Homeland Security Appropriations Act, 2019 (Senate 
        Report 115-283).

[[Page 136 STAT. 324]]

    Sec. 223. <<NOTE: Vessels.>>  (a) None of the funds made available 
by this Act under the heading ``Coast Guard--Operations and Support'' 
shall be for expenses incurred for recreational vessels under section 
12114 of title 46, United States Code, except to the extent fees are 
collected from owners of yachts and credited to the appropriation made 
available by this Act under the heading ``Coast Guard--Operations and 
Support''.

    (b) To the extent such fees are insufficient to pay expenses of 
recreational vessel documentation under such section 12114, and there is 
a backlog of recreational vessel applications, personnel performing non-
recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114.
    Sec. 224.  Without regard to the limitation as to time and condition 
of section 503(d) of this Act, after June 30, in accordance with the 
notification requirement described in subsection (b) of such section, up 
to the following amounts may be reprogrammed within ``Coast Guard--
Operations and Support''--
            (1) $10,000,000 to or from the ``Military Personnel'' 
        funding category; and
            (2) $10,000,000 between the ``Field Operations'' funding 
        subcategories.

    Sec. 225.  <<NOTE: Investment plan. Requirements.>>  Notwithstanding 
any other provision of law, the Commandant of the Coast Guard shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a future-years capital investment plan as described 
in the second proviso under the heading ``Coast Guard--Acquisition, 
Construction, and Improvements'' in the Department of Homeland Security 
Appropriations Act, 2015 (Public Law 114-4), which shall be subject to 
the requirements in the third and fourth provisos under such heading.

    Sec. 226.  Of the funds made available for defense-related 
activities under the heading ``Coast Guard--Operations and Support'', up 
to $190,000,000 that are used for enduring overseas missions in support 
of the global fight against terrorism may be reallocated by program, 
project, and activity, notwithstanding section 503 of this Act.
    Sec. 227.  None of the funds in this Act shall be used to reduce the 
Coast Guard's legacy Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 228.  None of the funds appropriated by this Act may be used to 
conduct, or to implement the results of, a competition under Office of 
Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 229.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may be 
used to reduce operations within any civil engineering unit unless 
specifically authorized by a statute enacted after the date of enactment 
of this Act.
    Sec. 230.  Amounts deposited into the Coast Guard Housing Fund in 
fiscal year 2022 shall be available until expended to carry out the 
purposes of section 2946 of title 14, United States Code,

[[Page 136 STAT. 325]]

and shall be in addition to funds otherwise available for such purposes.
    Sec. 231. (a) Notwithstanding section 2110 of title 46, United 
States Code, none of the funds made available in this Act shall be used 
to charge a fee for an inspection of a towing vessel, as defined in 46 
CFR Section 136.110, that utilizes the Towing Safety Management System 
option for a Certificate of Inspection issued under subchapter M of 
title 46, Code of Federal Regulations.
    (b) <<NOTE: Determination.>>  Subsection (a) shall not apply after 
the date the Commandant of the Coast Guard makes a determination under 
section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of 
2018 (Public Law 115-282) and, as necessary based on such determination, 
carries out the requirements of subsection 815(b) of such Act.

    Sec. 232. (a) For an additional amount for ``Coast Guard--
Procurement, Construction, and Improvements'', $50,000,000, to remain 
available until expended, which shall be distributed as a grant for the 
National Coast Guard Museum to carry out activities under section 316(d) 
of title 14, United States Code.
    (b) The Coast Guard shall not be responsible for the execution of 
any contracts, planning, or execution of work to accomplish any 
activities outlined in section 316(d) of title 14, United States Code.
    Sec. 233.  <<NOTE: Reimbursements.>>  The United States Secret 
Service is authorized to obligate funds in anticipation of 
reimbursements from executive agencies, as defined in section 105 of 
title 5, United States Code, for personnel receiving training sponsored 
by the James J. Rowley Training Center, except that total obligations at 
the end of the fiscal year shall not exceed total budgetary resources 
available under the heading ``United States Secret Service--Operations 
and Support'' at the end of the fiscal year.

    Sec. 234. (a) None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security.
    (b) <<NOTE: Contracts. Reimbursement.>>  The Director of the United 
States Secret Service may enter into agreements to provide such 
protection on a fully reimbursable basis.

    Sec. 235.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 236.  <<NOTE: Notification. Time period.>>  Funding made 
available in this Act for ``United States Secret Service--Operations and 
Support'' is available for travel of United States Secret Service 
employees on protective missions without regard to the limitations on 
such expenditures in this or any other Act if the Director of the United 
States Secret Service or a designee notifies the Committees on 
Appropriations of the Senate and the House of Representatives 10 or more 
days in advance, or as early as practicable, prior to such expenditures.

[[Page 136 STAT. 326]]

                                TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for operations and support, $1,992,527,000, of which 
$36,293,000, shall remain available until September 30, 2023:  Provided, 
That not to exceed $3,825 shall be for official reception and 
representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for procurement, construction, and improvements, 
$590,698,000, to remain available until September 30, 2024.

                        research and development

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for research and development, $10,431,000, to remain 
available until September 30, 2023.

                   Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,245,859,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

               procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $209,985,000, of which 
$98,775,000 shall remain available until September 30, 2024, and of 
which $111,210,000 shall remain available until September 30, 2026:  
Provided, That the Administrator of the Federal Emergency Management 
Agency may use up to $10,400,000 of the amounts made available under 
this heading to acquire and develop real property adjacent to any 
existing training facility currently funded within the Education, 
Training, and Exercises program, project, or activity:  Provided 
further, <<NOTE: Real property.>>  That such acquisition and development 
of real property is only for the purposes of establishing a multi-use 
training facility:  Provided further, That none of the funds made 
available in the first proviso may be used for the management costs 
associated with such real property:  Provided 
further, <<NOTE: Management costs.>>  That such management costs shall 
be made available from funds provided under the heading ``Federal 
Emergency Management Agency--Operations and Support''.

[[Page 136 STAT. 327]]

                           federal assistance

                      (including transfer of funds)

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,633,199,000, which shall be allocated as 
follows:
            (1) $645,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $90,000,000 shall be for Operation 
        Stonegarden, $15,000,000 shall be for Tribal Homeland Security 
        Grants under section 2005 of the Homeland Security Act of 2002 
        (6 U.S.C. 606), and $125,000,000 shall be for organizations (as 
        described under section 501(c)(3) of the Internal Revenue Code 
        of 1986 and exempt from tax under section 501(a) of such code) 
        determined by the Secretary of Homeland Security to be at high 
        risk of a terrorist attack:  Provided, That <<NOTE: Puerto 
        Rico.>>  notwithstanding subsection (c)(4) of such section 2004, 
        for fiscal year 2022, the Commonwealth of Puerto Rico shall make 
        available to local and tribal governments amounts provided to 
        the Commonwealth of Puerto Rico under this paragraph in 
        accordance with subsection (c)(1) of such section 2004.
            (2) $740,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604), of which $125,000,000 shall be for organizations 
        (as described under section 501(c)(3) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) of such 
        code) determined by the Secretary of Homeland Security to be at 
        high risk of a terrorist attack.
            (3) $105,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $2,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.
            (4) $100,000,000 for Port Security Grants in accordance with 
        section 70107 of title 46, United States Code.
            (5) $720,000,000, to remain available until September 30, 
        2023, of which $360,000,000 shall be for Assistance to 
        Firefighter Grants and $360,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34 respectively of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            (6) $355,000,000 for emergency management performance grants 
        under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
        et seq.), the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121), the Earthquake Hazards 
        Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6, 
        United States Code, and Reorganization Plan No. 3 of 1978 (5 
        U.S.C. App.).
            (7) $275,500,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement

[[Page 136 STAT. 328]]

        any other sums appropriated under the National Flood Insurance 
        Fund, and such additional sums as may be provided by States or 
        other political subdivisions for cost-shared mapping activities 
        under section 1360(f)(2) of the National Flood Insurance Act of 
        1968 (42 U.S.C. 4101(f)(2)), to remain available until expended.
            (8) $12,000,000 for Regional Catastrophic Preparedness 
        Grants.
            (9) $12,000,000 for Rehabilitation of High Hazard Potential 
        Dams under section 8A of the National Dam Safety Program Act (33 
        U.S.C. 467f-2).
            (10) $130,000,000 for the emergency food and shelter program 
        under title III of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11331), to remain available until expended:  
        Provided, That not to exceed 3.5 percent shall be for total 
        administrative costs.
            (11) $40,000,000 for the Next Generation Warning System.
            (12) $205,098,811 for Community Project Funding and 
        Congressionally Directed Spending grants, which shall be for the 
        purposes, and the amounts, specified in the table entitled 
        ``Community Project Funding and Congressionally Directed 
        Spending'' under this heading in the explanatory statement 
        described in section 4 (in the matter preceding division A of 
        this consolidated Act), of which--
                    (A) $150,000, in addition to amounts otherwise made 
                available for such purpose, is for a nonprofit security 
                grant under sections 2003 and 2004 of the Homeland 
                Security Act of 2002 (6 U.S.C. 604 and 605);
                    (B) $49,026,403, in addition to amounts otherwise 
                made available for such purpose, is for emergency 
                operations center grants under section 614 of the Robert 
                T. Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5196c);
                    (C) $153,922,408, in addition to amounts otherwise 
                made available for such purpose, is for pre-disaster 
                mitigation grants under section 203 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5133(e), notwithstanding subsections (f), 
                (g), and (l) of that section (42 U.S.C. 5133(f), (g), 
                (l)); and
                    (D) $2,000,000 shall be transferred to ``Federal 
                Emergency Management Agency--Operations and Support'', 
                to manage and administer Community Project Funding and 
                Congressionally Directed Spending grants.
            (13) $293,600,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$18,799,000,000, to remain available until expended, shall be for major 
disasters declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated 
by the Congress as being for disaster relief pursuant to section 
4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022:  Provided, 
That of the amount provided under

[[Page 136 STAT. 329]]

this heading, up to $3,000,000 may be transferred to the Disaster 
Assistance Direct Loan Program Account for administrative expenses 
related to direct loans as authorized under section 417 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184).

                      national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020), 
$214,706,000, to remain available until September 30, 2023, which shall 
be derived from offsetting amounts collected under section 1308(d) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which 
$15,706,000 shall be available for mission support associated with flood 
management; and of which $199,000,000 shall be available for flood plain 
management and flood mapping:  Provided, That any additional fees 
collected pursuant to section 1308(d) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting 
collections to this account, to be available for flood plain management 
and flood mapping:  Provided further, That in fiscal year 2022, no funds 
shall be available from the National Flood Insurance Fund under section 
1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) in 
excess of--
            (1) $197,393,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $876,743,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):

  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(e)), shall be deposited in the National Flood Insurance Fund to 
supplement other amounts specified as available for section 1366 of the 
National Flood Insurance Act of 1968, notwithstanding section 102(f)(8), 
section 1366(e) of the National Flood Insurance Act of 1968, and 
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C. 
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                        Administrative Provisions

    Sec. 301. <<NOTE: Awards.>>  (a) Funds made available under the 
heading ``Cybersecurity and Infrastructure Security Agency--Operations 
and Support'' may be made available for the necessary expenses of 
carrying out the competition specified in section 2(e) of Executive 
Order

[[Page 136 STAT. 330]]

No. 13870 (May 2, 2019), including the provision of monetary and non-
monetary awards for Federal civilian employees and members of the 
uniformed services, the necessary expenses for the honorary recognition 
of any award recipients, and activities to encourage participation in 
the competition, including promotional items.

    (b) Any awards made pursuant to this section shall be of the same 
type and amount as those authorized under sections 4501 through 4505 of 
title 5, United States Code.
    Sec. 302.  Funds made available under the heading ``Cybersecurity 
and Infrastructure Security Agency--Operations and Support'' may be made 
available for the necessary expenses of procuring or providing access to 
cybersecurity threat feeds for branches, agencies, independent agencies, 
corporations, establishments, and instrumentalities of the Federal 
government of the United States, state, local, tribal, and territorial 
government entities, fusion centers as described in section 210A of the 
Homeland Security Act (6 U.S.C. 124h), and Information Sharing and 
Analysis Organizations.
    Sec. 303. <<NOTE: Grants.>>  (a) Notwithstanding section 2008(a)(12) 
of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other 
provision of law, not more than 5 percent of the amount of a grant made 
available in paragraphs (1) through (4) under ``Federal Emergency 
Management Agency--Federal Assistance'', may be used by the recipient 
for expenses directly related to administration of the grant.

    (b) <<NOTE: Applicability. Determination.>>  The authority provided 
in subsection (a) shall also apply to a recipient for the administration 
of a grant under such paragraphs (1) and (2) for organizations described 
under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt 
from tax under section 501(a) of such code that are determined by the 
Secretary of Homeland Security to be at high risk of a terrorist attack.

    Sec. 304.  <<NOTE: Grants. Deadlines.>>  Applications for grants 
under the heading ``Federal Emergency Management Agency--Federal 
Assistance'', for paragraphs (1) through (4), shall be made available to 
eligible applicants not later than 60 days after the date of enactment 
of this Act, eligible applicants shall submit applications not later 
than 80 days after the grant announcement, and the Administrator of the 
Federal Emergency Management Agency shall act within 65 days after the 
receipt of an application.

    Sec. 305.  <<NOTE: Grants. Briefing. Time period. Public 
information.>>  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(4), (8), and (9), the Administrator of the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the Senate and 
the House of Representatives 5 full business days in advance of 
announcing publicly the intention of making an award.

    Sec. 306.  <<NOTE: Grants.>>  Under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for grants under paragraphs (1) 
and (2), the installation of communications towers is not considered 
construction of a building or other physical facility.

    Sec. 307.  <<NOTE: Applicability.>>  The reporting requirements in 
paragraphs (1) and (2) under the heading ``Federal Emergency Management 
Agency--Disaster Relief Fund'' in the Department of Homeland Security 
Appropriations Act, 2015 (Public Law 114-4) shall be applied in fiscal 
year 2022 with respect to budget year 2023 and current fiscal year 2022, 
respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2023'' 
        for ``fiscal year 2016''; and

[[Page 136 STAT. 331]]

            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.

    Sec. 308.  <<NOTE: Grants. Waiver authority.>>  In making grants 
under the heading ``Federal Emergency Management Agency--Federal 
Assistance'', for Staffing for Adequate Fire and Emergency Response 
grants, the Administrator of the Federal Emergency Management Agency may 
grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), 
(a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2229a).

    Sec. 309. <<NOTE: Fees.>>  (a) The aggregate charges assessed during 
fiscal year 2022 , as authorized in title III of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less 
than 100 percent of the amounts anticipated by the Department of 
Homeland Security to be necessary for its Radiological Emergency 
Preparedness Program for the next fiscal year.

    (b) The methodology for assessment and collection of fees shall be 
fair and equitable and shall reflect costs of providing such services, 
including administrative costs of collecting such fees.
    (c) <<NOTE: Effective date.>>  Such fees shall be deposited in a 
Radiological Emergency Preparedness Program account as offsetting 
collections and will become available for authorized purposes on October 
1, 2022, and remain available until expended.

    Sec. 310.  <<NOTE: Grants. Waiver authority.>>  In making grants 
under the heading ``Federal Emergency Management Agency--Federal 
Assistance'', for Assistance to Firefighter Grants, the Administrator of 
the Federal Emergency Management Agency may waive subsection (k) of 
section 33 of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229).

    Sec. 311. <<NOTE: Time period.>>  (a) Notwithstanding sections 
403(b), 403(c)(4), 404(a), 406(b), 407(d), 408(g)(2), 428(e)(2)(B), and 
503(a) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), for any emergency or major 
disaster declared by the President under such Act with a declaration 
occurring or an incident period beginning between January 1, 2020, and 
December 31, 2021, the Federal share of assistance, including direct 
Federal assistance, provided under such sections shall be not less than 
90 percent of the eligible cost of such assistance.

    (b) Amounts repurposed pursuant to this section that were previously 
designated by the Congress as an emergency requirement or as being for 
disaster relief pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985 or a concurrent resolution on the budget are 
designated by the Congress as being for an emergency requirement 
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 
(117th Congress), the concurrent resolution on the budget for fiscal 
year 2022, or as being for disaster relief pursuant to section 
4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022.
    (c) <<NOTE: Applicability.>>  Subsection (a) shall apply with 
respect to fiscal year 2022 and each fiscal year thereafter.

[[Page 136 STAT. 332]]

                                TITLE IV

              RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

                U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support, including for the E-Verify Program, 
application processing, the reduction of backlogs within asylum, field, 
and service center offices, and support of the refugee program; 
$389,504,000, of which $87,619,000 shall remain available until 
September 30, 2023:  Provided, That such amounts shall be in addition to 
any other amounts made available for such purposes, and shall not be 
construed to require any reduction of any fee described in section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):  
Provided further, That not to exceed $2,500 shall be for official 
reception and representation expenses.

                           federal assistance

    For necessary expenses of U.S. Citizenship and Immigration Services 
for Federal assistance for the Citizenship and Integration Grant 
Program, $20,000,000.

                Federal Law Enforcement Training Centers

                         operations and support

    For necessary expenses of the Federal Law Enforcement Training 
Centers for operations and support, including the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger motor 
vehicles, and services as authorized by section 3109 of title 5, United 
States Code, $322,436,000, of which $61,618,000 shall remain available 
until September 30, 2023:  Provided, That not to exceed $7,180 shall be 
for official reception and representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Federal Law Enforcement Training 
Centers for procurement, construction, and improvements, $33,200,000, to 
remain available until September 30, 2026, for acquisition of necessary 
additional real property and facilities, construction and ongoing 
maintenance, facility improvements and related expenses of the Federal 
Law Enforcement Training Centers.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate for 
operations and support, including the purchase or lease of not to exceed 
5 vehicles, $330,590,000, of which $196,624,000 shall remain available 
until September 30, 2023:  Provided, That not to exceed $10,000 shall be 
for official reception and representation expenses.

[[Page 136 STAT. 333]]

               procurement, construction, and improvements

    For necessary expenses of the Science and Technology Directorate for 
procurement, construction, and improvements, $12,859,000, to remain 
available until September 30, 2026.

                        research and development

    For necessary expenses of the Science and Technology Directorate for 
research and development, $542,954,000, to remain available until 
September 30, 2024.

              Countering Weapons of Mass Destruction Office

                         operations and support

    For necessary expenses of the Countering Weapons of Mass Destruction 
Office for operations and support, $176,750,000, of which $50,156,000 
shall remain available until September 30, 2023:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

               procurement, construction, and improvements

    For necessary expenses of the Countering Weapons of Mass Destruction 
Office for procurement, construction, and improvements, $76,604,000, to 
remain available until September 30, 2024.

                        research and development

    For necessary expenses of the Countering Weapons of Mass Destruction 
Office for research and development, $65,709,000, to remain available 
until September 30, 2024.

                           federal assistance

    For necessary expenses of the Countering Weapons of Mass Destruction 
Office for Federal assistance through grants, contracts, cooperative 
agreements, and other activities, $132,948,000, to remain available 
until September 30, 2024.

                        Administrative Provisions

    Sec. 401. (a) Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 vehicles, 
for replacement only, for areas where the Administrator of General 
Services does not provide vehicles for lease.
    (b) The Director of U.S. Citizenship and Immigration Services may 
authorize employees who are assigned to those areas to use such vehicles 
to travel between the employees' residences and places of employment.
    Sec. 402.  None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided by employees (including employees 
serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information

[[Page 136 STAT. 334]]

Officers, Immigration Service Analysts, Contact Representatives, 
Investigative Assistants, or Immigration Services Officers.
    Sec. 403.  <<NOTE: Applicability. 8 USC 1377a note.>>  The terms and 
conditions of section 403 of the Department of Homeland Security 
Appropriations Act, 2020 (division D of Public Law 116-93) shall apply 
to this Act.

    Sec. 404.  <<NOTE: Biometrics.>>  Notwithstanding the seventh 
proviso under the heading ``Immigration and Naturalization Service--
Salaries and Expenses'' in Public Law 105-119 (relating to FD-258 
fingerprint cards), or any other provision of law, any Federal funds 
made available to U.S. Citizenship and Immigration Services may be used 
for the collection and use of biometrics taken at a U.S. Citizenship and 
Immigration Services Application Support Center that is overseen 
virtually by U.S. Citizenship and Immigration Services personnel using 
appropriate technology.

    Sec. 405.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 406.  The Federal Law Enforcement Training Accreditation Board, 
including representatives from the Federal law enforcement community and 
non-Federal accreditation experts involved in law enforcement training, 
shall lead the Federal law enforcement training accreditation process to 
continue the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors.
    Sec. 407. (a) The Director of the Federal Law Enforcement Training 
Centers may accept transfers to its ``Procurement, Construction, and 
Improvements'' account from Government agencies requesting the 
construction of special use facilities, as authorized by the Economy Act 
(31 U.S.C. 1535(b)).
    (b) The Federal Law Enforcement Training Centers shall maintain 
administrative control and ownership upon completion of such facilities.
    Sec. 408.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for purposes of the Federal Activities Inventory Reform Act of 1998 (31 
U.S.C. 501 note).

                                 TITLE V

                           GENERAL PROVISIONS

             (including transfers and rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds in 
the applicable established accounts, and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 503. <<NOTE: Notifications. Time periods.>>  (a) None of the 
funds provided by this Act, provided by previous appropriations Acts to 
the components in or transferred to the Department of Homeland Security 
that remain available

[[Page 136 STAT. 335]]

for obligation or expenditure in fiscal year 2022, or provided from any 
accounts in the Treasury of the United States derived by the collection 
of fees available to the components funded by this Act, shall be 
available for obligation or expenditure through a reprogramming of funds 
that--
            (1) creates or eliminates a program, project, or activity, 
        or increases funds for any program, project, or activity for 
        which funds have been denied or restricted by the Congress;
            (2) <<NOTE: Contracts.>>  contracts out any function or 
        activity presently performed by Federal employees or any new 
        function or activity proposed to be performed by Federal 
        employees in the President's budget proposal for fiscal year 
        2022 for the Department of Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more; or
            (5) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.

    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such reprogramming.
    (c) Up to 5 percent of any appropriation made available for the 
current fiscal year for the Department of Homeland Security by this Act 
or provided by previous appropriations Acts may be transferred between 
such appropriations if the Committees on Appropriations of the Senate 
and the House of Representatives are notified at least 30 days in 
advance of such transfer, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
such transfer.
    (d) <<NOTE: Termination date.>>  Notwithstanding subsections (a), 
(b), and (c), no funds shall be reprogrammed within or transferred 
between appropriations based upon an initial notification provided after 
June 30, except in extraordinary circumstances that imminently threaten 
the safety of human life or the protection of property.

    (e) <<NOTE: Applicability.>>  The notification thresholds and 
procedures set forth in subsections (a), (b), (c), and (d) shall apply 
to any use of deobligated balances of funds provided in previous 
Department of Homeland Security Appropriations Acts that remain 
available for obligation in the current year.

    (f) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security:  Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 5 days in advance of such transfer.
    Sec. 504. <<NOTE: Applicability. 31 USC 501 note.>>  (a) Section 504 
of the Department of Homeland Security Appropriations Act, 2017 
(division F of Public Law 115-31), related to the operations of a 
working capital fund, shall apply with respect to funds made available 
in this Act in the same manner as such section applied to funds made 
available in that Act.

    (b) Funds from such working capital fund may be obligated and 
expended in anticipation of reimbursements from components of the 
Department of Homeland Security.

[[Page 136 STAT. 336]]

    Sec. 505. <<NOTE: Deadline.>>  (a) Except as otherwise specifically 
provided by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2022, as recorded in the 
financial records at the time of a reprogramming notification, but not 
later than June 30, 2023, from appropriations for ``Operations and 
Support'' for fiscal year 2022 in this Act shall remain available 
through September 30, 2023, in the account and for the purposes for 
which the appropriations were provided.

    (b) <<NOTE: Notification.>>  Prior to the obligation of such funds, 
a notification shall be submitted to the Committees on Appropriations of 
the Senate and the House of Representatives in accordance with section 
503 of this Act.

    Sec. 506. (a) Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2022 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2022.
    (b) Amounts described in subsection (a) made available for 
``Intelligence, Analysis, and Operations Coordination--Operations and 
Support'' that exceed the amounts in such authorization for such account 
shall be transferred to and merged with amounts made available under the 
heading ``Management Directorate--Operations and Support''.
    (c) <<NOTE: Briefing. Plan.>>  Prior to the obligation of any funds 
transferred under subsection (b), the Management Directorate shall brief 
the Committees on Appropriations of the Senate and the House of 
Representatives on a plan for the use of such funds.

    Sec. 
507. <<NOTE: Notifications. Deadlines. Grants. Contracts. Public 
information.>>  (a) The Secretary of Homeland Security, or the designee 
of the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days in 
advance of--
            (1) making or awarding a grant allocation or grant in excess 
        of $1,000,000;
            (2) making or awarding a contract, other transaction 
        agreement, or task or delivery order on a Department of Homeland 
        Security multiple award contract, or to issue a letter of intent 
        totaling in excess of $4,000,000;
            (3) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (4) making a sole-source grant award; or
            (5) announcing publicly the intention to make or award items 
        under paragraph (1), (2), (3), or (4), including a contract 
        covered by the Federal Acquisition Regulation.

    (b) <<NOTE: Determination. Deadline.>>  If the Secretary of Homeland 
Security determines that compliance with this section would pose a 
substantial risk to human life, health, or safety, an award may be made 
without notification, and the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than 5 full business days after such an award is made or letter issued.

    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type of 
        contract; and the account from which the funds are being drawn.

[[Page 136 STAT. 337]]

    Sec. 508.  <<NOTE: Notification. Contracts.>>  Notwithstanding any 
other provision of law, no agency shall purchase, construct, or lease 
any additional facilities, except within or contiguous to existing 
locations, to be used for the purpose of conducting Federal law 
enforcement training without advance notification to the Committees on 
Appropriations of the Senate and the House of Representatives, except 
that the Federal Law Enforcement Training Centers is authorized to 
obtain the temporary use of additional facilities by lease, contract, or 
other agreement for training that cannot be accommodated in existing 
Centers' facilities.

    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, has 
not been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  <<NOTE: Applicability.>>  Sections 520, 522, and 530 of 
the Department of Homeland Security Appropriations Act, 2008 (division E 
of Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect 
to funds made available in this Act in the same manner as such sections 
applied to funds made available in that Act.

    Sec. 511. (a) None of the funds made available in this Act may be 
used in contravention of the applicable provisions of the Buy American 
Act.
    (b) <<NOTE: Definition.>>  For purposes of subsection (a), the term 
``Buy American Act'' means chapter 83 of title 41, United States Code.

    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513. (a) None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    (b) Subsection (a) shall not apply to--
            (1) the use of such section 872 to establish an office 
        within the Office of the Secretary that shall, for departmental 
        workforce health, safety, and medical functions and activities--
                    (A) develop departmental policies;
                    (B) establish standards;
                    (C) provide technical assistance;
                    (D) conduct oversight; and
                    (E) serve as the primary liaison and coordinator; 
                and
            (2) the reallocation to an office established under 
        paragraph (1) of--
                    (A) the position and responsibilities of the Chief 
                Medical Officer and related personnel from the 
                Countering Weapons of Mass Destruction Office;
                    (B) the personnel, functions, and responsibilities 
                related to departmental workforce health and medical 
                activities from the Under Secretary for Management as 
                authorized in section 710 of the Homeland Security Act, 
                and related safety activities; and
                    (C) the responsibility of carrying out the program 
                authorized by section 528 of the Homeland Security Act 
                and related personnel.

[[Page 136 STAT. 338]]

    (c) The Secretary of Homeland Security may transfer funds made 
available in this Act under the headings ``Management Directorate'' and 
``Countering Weapons of Mass Destruction Office'' consistent with the 
establishment of the office and the reallocations of functions, 
positions, and responsibilities described in subsection (b).
    (d) <<NOTE: Notification. Time period.>>  The Secretary shall submit 
a notification to the Committees on Appropriations of the Senate and the 
House of Representatives, the Committee on Homeland Security of the 
House of Representatives, and the Homeland Security and Governmental 
Affairs Committee of the Senate at least 15 days prior to the 
establishment of the office described in subsection (b).

    (e) The functions of the office described in subsection (b) shall 
not include chemical, biological, radiological, and nuclear programs of 
the Countering Weapons of Mass Destruction Office and the transfer of 
funds described in subsection (c) shall not include funding appropriated 
for such programs.
    Sec. 514.  <<NOTE: National identification card.>>  None of the 
funds made available in this Act may be used for planning, testing, 
piloting, or developing a national identification card.

    Sec. 515.  <<NOTE: Delegation authority.>>  Any official that is 
required by this Act to report or to certify to the Committees on 
Appropriations of the Senate and the House of Representatives may not 
delegate such authority to perform that act unless specifically 
authorized herein.

    Sec. 516.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 517.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 518.  <<NOTE: Contracts.>>  Notwithstanding any other provision 
of this Act, none of the funds appropriated or otherwise made available 
by this Act may be used to pay award or incentive fees for contractor 
performance that has been judged to be below satisfactory performance or 
performance that does not meet the basic requirements of a contract.

    Sec. 519.  <<NOTE: Contracts.>>  None of the funds appropriated or 
otherwise made available by this Act may be used by the Department of 
Homeland Security to enter into any Federal contract unless such 
contract is entered into in accordance with the requirements of subtitle 
I of title 41, United States Code, or chapter 137 of title 10, United 
States Code, and the Federal Acquisition Regulation, unless such 
contract is otherwise authorized by statute to be entered into without 
regard to the above referenced statutes.

    Sec. 520. <<NOTE: Pornography.>>  (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 521.  <<NOTE: Firearms.>>  None of the funds made available in 
this Act may be used by a Federal law enforcement officer to facilitate 
the transfer of an operable firearm to an individual if the Federal law 
enforcement officer knows or suspects that the individual is

[[Page 136 STAT. 339]]

an agent of a drug cartel unless law enforcement personnel of the United 
States continuously monitor or control the firearm at all times.

    Sec. 522. <<NOTE: Conference 
attendees. Determination. Notification. Deadline.>>  (a) None of the 
funds made available in this Act may be used to pay for the travel to or 
attendance of more than 50 employees of a single component of the 
Department of Homeland Security, who are stationed in the United States, 
at a single international conference unless the Secretary of Homeland 
Security, or a designee, determines that such attendance is in the 
national interest and notifies the Committees on Appropriations of the 
Senate and the House of Representatives within at least 10 days of that 
determination and the basis for that determination.

    (b) <<NOTE: Definition.>>  For purposes of this section the term 
``international conference'' shall mean a conference occurring outside 
of the United States attended by representatives of the United States 
Government and of foreign governments, international organizations, or 
nongovernmental organizations.

    (c) The total cost to the Department of Homeland Security of any 
such conference shall not exceed $500,000.
    (d) Employees who attend a conference virtually without travel away 
from their permanent duty station within the United States shall not be 
counted for purposes of this section, and the prohibition contained in 
this section shall not apply to payments for the costs of attendance for 
such employees.
    Sec. 523.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in a 
National Special Security Event.
    Sec. 524. <<NOTE: Pay reform. Employment positions. Time 
period. Effective date. Notification.>>  (a) None of the funds made 
available to the Department of Homeland Security by this or any other 
Act may be obligated for the implementation of any structural pay reform 
or the introduction of any new position classification that will affect 
more than 100 full-time positions or costs more than $5,000,000 in a 
single year before the end of the 30-day period beginning on the date on 
which the Secretary of Homeland Security submits to Congress a 
notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current fiscal 
        year and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) <<NOTE: Analysis.>>  for a structural pay reform, an 
        analysis of compensation alternatives to such change that were 
        considered by the Department.

    (b) Subsection (a) shall not apply to such change if--
            (1) it was proposed in the President's budget proposal for 
        the fiscal year funded by this Act; and
            (2) funds for such change have not been explicitly denied or 
        restricted in this Act.

    Sec. 525. <<NOTE: Web posting. Public 
information. Reports. Determination.>>  (a) Any agency receiving funds 
made available in this Act shall, subject to subsections (b) and (c), 
post on the public website of that agency any report required to be 
submitted by the Committees on Appropriations of the Senate and the 
House of Representatives in this Act, upon the determination by the head 
of the agency that it shall serve the national interest.

    (b) Subsection (a) shall not apply to a report if--

[[Page 136 STAT. 340]]

            (1) the public posting of the report compromises homeland or 
        national security; or
            (2) the report contains proprietary information.

    (c) <<NOTE: Time period.>>  The head of the agency posting such 
report shall do so only after such report has been made available to the 
Committees on Appropriations of the Senate and the House of 
Representatives for not less than 45 days except as otherwise specified 
in law.

    Sec. 526. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 527.  <<NOTE: Continuation.>>  The authority provided by 
section 532 of the Department of Homeland Security Appropriations Act, 
2018 (Public Law 115-141) regarding primary and secondary schooling of 
dependents shall continue in effect during fiscal year 2022.

    Sec. 528. (a) For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $3,000,000, to remain available 
until September 30, 2023, exclusively for providing reimbursement of 
extraordinary law enforcement or other emergency personnel costs for 
protection activities directly and demonstrably associated with any 
residence of the President that is designated or identified to be 
secured by the United States Secret Service.
    (b) <<NOTE: Applicability.>>  Subsections (b) through (f) of section 
534 of the Department of Homeland Security Appropriations Act, 2018 
(Public Law 115-141), shall be applied with respect to amounts made 
available by subsection (a) of this section by substituting ``October 1, 
2022'' for ``October 1, 2018'' and ``October 1, 2021'' for ``October 1, 
2017''.

    Sec. 529. <<NOTE: Applicability. 6 USC 391 note.>>  (a) Section 831 
of the Homeland Security Act of 2002 (6 U.S.C. 391) shall be applied--
            (1) In subsection (a), by substituting ``September 30, 
        2022,'' for ``September 30, 2017,''; and
            (2) In subsection (c)(1), by substituting ``September 30, 
        2022,'' for ``September 30, 2017''.

    (b) The Secretary of Homeland Security, under the authority of 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may 
carry out prototype projects under section 2371b of title 10, United 
States Code, and the Secretary shall perform the functions of the 
Secretary of Defense as prescribed.
    (c) The Secretary of Homeland Security under section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition 
of nontraditional government contractor as defined in section 2371b(e) 
of title 10, United States Code.
    Sec. 530. <<NOTE: Aliens.>>  (a) None of the funds appropriated or 
otherwise made available to the Department of Homeland Security by this 
Act may be used to prevent any of the following persons from entering, 
for the purpose of conducting oversight, any facility operated by or for 
the Department of Homeland Security used to detain or otherwise house 
aliens, or to make any temporary modification at any such facility that 
in any way alters what is observed by a visiting Member of Congress or 
such designated employee, compared to what would be observed in the 
absence of such modification:
            (1) A Member of Congress.

[[Page 136 STAT. 341]]

            (2) An employee of the United States House of 
        Representatives or the United States Senate designated by such a 
        Member for the purposes of this section.

    (b) Nothing in this section may be construed to require a Member of 
Congress to provide prior notice of the intent to enter a facility 
described in subsection (a) for the purpose of conducting oversight.
    (c) <<NOTE: Time period.>>  With respect to individuals described in 
subsection (a)(2), the Department of Homeland Security may require that 
a request be made at least 24 hours in advance of an intent to enter a 
facility described in subsection (a).

    Sec. 531. <<NOTE: Pregnant women. Determinations.>>  (a) Except as 
provided in subsection (b), none of the funds made available in this Act 
may be used to place restraints on a woman in the custody of the 
Department of Homeland Security (including during transport, in a 
detention facility, or at an outside medical facility) who is pregnant 
or in post-delivery recuperation.

    (b) Subsection (a) shall not apply with respect to a pregnant woman 
if--
            (1) an appropriate official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant woman determines that the use of therapeutic restraints 
        is appropriate for the medical safety of the woman.

    (c) If a pregnant woman is restrained pursuant to subsection (b), 
only the safest and least restrictive restraints, as determined by the 
appropriate medical professional treating the woman, may be used. In no 
case may restraints be used on a woman who is in active labor or 
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a restraint 
belt that constricts the area of the pregnancy. A pregnant woman who is 
immobilized by restraints shall be positioned, to the maximum extent 
feasible, on her left side.
    Sec. 532. <<NOTE: Records.>>  (a) None of the funds made available 
by this Act may be used to destroy any document, recording, or other 
record pertaining to any--
            (1) death of,
            (2) potential sexual assault or abuse perpetrated against, 
        or
            (3) allegation of abuse, criminal activity, or disruption 
        committed by

an individual held in the custody of the Department of Homeland 
Security.
    (b) The records referred to in subsection (a) shall be made 
available, in accordance with applicable laws and regulations, and 
Federal rules governing disclosure in litigation, to an individual who 
has been charged with a crime, been placed into segregation, or 
otherwise punished as a result of an allegation described in paragraph 
(3), upon the request of such individual.
    Sec. 533.  <<NOTE: Applicability.>>  Section 519 of division F of 
Public Law 114-113, regarding a prohibition on funding for any position 
designated

[[Page 136 STAT. 342]]

as a Principal Federal Official, shall apply with respect to any Federal 
funds in the same manner as such section applied to funds made available 
in that Act.

    Sec. 534.  <<NOTE: Deadline. Budget submission. Proposals.>>  Within 
60 days of any budget submission for the Department of Homeland Security 
for fiscal year 2023 that assumes revenues or proposes a reduction from 
the previous year based on user fees proposals that have not been 
enacted into law prior to the submission of the budget, the Secretary of 
Homeland Security shall provide the Committees on Appropriations of the 
Senate and the House of Representatives specific reductions in proposed 
discretionary budget authority commensurate with the revenues assumed in 
such proposals in the event that they are not enacted prior to October 
1, 2022.

    Sec. 535.  <<NOTE: Resolution.>>  None of the funds made available 
by this Act may be obligated or expended to implement the Arms Trade 
Treaty until the Senate approves a resolution of ratification for the 
Treaty.

    Sec. 536. <<NOTE: Reports.>>  (a) Not later than 10 days after the 
date on which the budget of the President for a fiscal year is submitted 
to Congress pursuant to section 1105(a) of title 31, United States Code, 
the Under Secretary for Management of Homeland Security shall submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives a report on the unfunded priorities, for the Department 
of Homeland Security and separately for each departmental component, for 
which discretionary funding would be classified as budget function 050.

    (b) Each report under this section shall specify, for each such 
unfunded priority--
            (1) <<NOTE: Summary.>>  a summary description, including the 
        objectives to be achieved if such priority is funded (whether in 
        whole or in part);
            (2) the description, including the objectives to be achieved 
        if such priority is funded (whether in whole or in part);
            (3) account information, including the following (as 
        applicable):
                    (A) appropriation account; and
                    (B) program, project, or activity name; and
            (4) the additional number of full-time or part-time 
        positions to be funded as part of such priority.

    (c) <<NOTE: Definition.>>  In this section, the term ``unfunded 
priority'', in the case of a fiscal year, means a requirement that--
            (1) is not funded in the budget referred to in subsection 
        (a);
            (2) is necessary to fulfill a requirement associated with an 
        operational or contingency plan for the Department; and
            (3) would have been recommended for funding through the 
        budget referred to in subsection (a) if--
                    (A) additional resources had been available for the 
                budget to fund the requirement;
                    (B) the requirement has emerged since the budget was 
                formulated; or
                    (C) the requirement is necessary to sustain prior-
                year investments.

    Sec. 
537. <<NOTE: Deadlines. Determination. President. Evaluation. Notificatio
ns. Threat assessments.>>  (a) Not later than 10 days after a 
determination is made by the President to evaluate and initiate 
protection under any authority for a former or retired Government 
official or employee, or for an individual who, during the duration of 
the directed protection, will become a former or retired Government

[[Page 136 STAT. 343]]

official or employee (referred to in this section as a ``covered 
individual''), the Secretary of Homeland Security shall submit a 
notification to congressional leadership and the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committees on the Judiciary of the Senate and the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Homeland Security of the House 
of Representatives, and the Committee on Oversight and Reform of the 
House of Representatives (referred to in this section as the 
``appropriate congressional committees'').

    (b) <<NOTE: Consultation.>>  Such notification may be submitted in 
classified form, if necessary, and in consultation with the Director of 
National Intelligence or the Director of the Federal Bureau of 
Investigation, as appropriate, and shall include the threat assessment, 
scope of the protection, and the anticipated cost and duration of such 
protection.

    (c) Not later than 15 days before extending, or 30 days before 
terminating, protection for a covered individual, the Secretary of 
Homeland Security shall submit a notification regarding the extension or 
termination and any change to the threat assessment to the congressional 
leadership and the appropriate congressional committees.
    (d) <<NOTE: Reports.>>  Not later than 45 days after the date of 
enactment of this Act, and quarterly thereafter, the Secretary shall 
submit a report to the congressional leadership and the appropriate 
congressional committees, which may be submitted in classified form, if 
necessary, detailing each covered individual, and the scope and 
associated cost of protection.

    Sec. 538. <<NOTE: 6 USC 103a.>>  (a) There is hereby established in 
the Treasury of the United States a fund to be known as the ``Department 
of Homeland Security Nonrecurring Expenses Fund'' (the Fund).

    (b) <<NOTE: Deadline.>>  Unobligated balances of expired 
discretionary funds appropriated for this or any succeeding fiscal year 
from the General Fund of the Treasury to the Department of Homeland 
Security by this or any other Act may be transferred (not later than the 
end of the fifth fiscal year after the last fiscal year for which such 
funds are available for the purposes for which appropriated) into the 
Fund.

    (c) Amounts deposited in the Fund shall be available until expended, 
and in addition to such other funds as may be available for such 
purposes, for information technology system modernization and facilities 
infrastructure improvements necessary for the operation of the 
Department, subject to approval by the Office of Management and Budget.
    (d) <<NOTE: Notification. Time period.>>  Amounts in the Fund may be 
obligated only after the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in advance 
of the planned use of funds.

    Sec. 539. <<NOTE: Proposals.>>  (a) None of the funds provided to 
the Department of Homeland Security in this or any prior Act may be used 
by an agency to submit an initial project proposal to the Technology 
Modernization Fund (as authorized by section 1078 of subtitle G of Title 
X of the National Defense Authorization Act for Fiscal Year 2018 (Public 
Law 115-91)) unless, concurrent with the submission of an initial 
project proposal to the Technology Modernization Board, the head of the 
agency--

[[Page 136 STAT. 344]]

            (1) <<NOTE: Notification.>>  notifies the Committees on 
        Appropriations of the Senate and the House of Representatives of 
        the proposed submission of the project proposal;
            (2) <<NOTE: Records.>>  submits to the Committees on 
        Appropriations a copy of the project proposal; and
            (3) <<NOTE: Analysis.>>  provides a detailed analysis of how 
        the proposed project funding would supplement or supplant 
        funding requested as part of the Department's most recent budget 
        submission.

    (b) <<NOTE: Time period. Reports.>>  None of the funds provided to 
the Department of Homeland Security by the Technology Modernization Fund 
shall be available for obligation until 15 days after a report on such 
funds has been transmitted to the Committees on Appropriations of the 
Senate and the House of Representatives.

    (c) The report described in subsection (b) shall include--
            (1) the full project proposal submitted to and approved by 
        the Fund's Technology Modernization Board;
            (2) <<NOTE: Contracts.>>  the finalized interagency 
        agreement between the Department and the Fund including the 
        project's deliverables and repayment terms, as applicable;
            (3) <<NOTE: Analysis.>>  a detailed analysis of how the 
        project will supplement or supplant existing funding available 
        to the Department for similar activities;
            (4) <<NOTE: Repayment plan.>>  a plan for how the Department 
        will repay the Fund, including specific planned funding sources, 
        as applicable; and
            (5) <<NOTE: Determination.>>  other information as 
        determined by the Secretary.

    Sec. 540.  <<NOTE: Khalid Sheikh Mohammed. Detainees.>>  None of the 
funds appropriated or otherwise made available in this or any other Act 
may be used to transfer, release, or assist in the transfer or release 
to or within the United States, its territories, or possessions Khalid 
Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) <<NOTE: Cuba.>>  is or was held on or after June 24, 
        2009, at the United States Naval Station, Guantanamo Bay, Cuba, 
        by the Department of Defense.

    Sec. 541.  <<NOTE: Applicability. 6 USC 320 note.>>  Subsection (c) 
of section 16005 of title VI of division B of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116-136) shall be applied 
as if the language read as follows: ``Subsection (a) shall apply until 
September 30, 2022.''.

    Sec. 542.  For necessary expenses related to providing customs and 
immigration inspection and pre-inspection services at, or in support of 
ports of entry, pursuant to section 1356 of title 8, United States Code, 
and section 58c(f) of title 19, United States Code, and in addition to 
any other funds made available for this purpose, there is appropriated, 
out of any money in the Treasury not otherwise appropriated, 
$650,000,000, to offset the loss resulting from the coronavirus pandemic 
of Immigration User Fee receipts collected pursuant to section 286(h) of 
the Immigration and Nationality Act (8 U.S.C. 1356(h)), and fees for 
certain customs services collected pursuant to paragraphs 1 through 8 
and paragraph 10 of subsection (a) of section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and 
(a)(10)).
    Sec. 543. (a) For an additional amount for the accounts, in the 
amounts, and for the purposes specified, in addition to amounts 
otherwise made available for such purposes--

[[Page 136 STAT. 345]]

            (1) ``U.S. Customs and Border Protection--Operations and 
        Support'', $993,792,000 for border management requirements of 
        the U.S. Border Patrol;
            (2) ``U.S. Immigration and Customs Enforcement--Operations 
        and Support'', $239,658,000 for non-detention border management 
        requirements; and
            (3) ``Federal Emergency Management Agency--Federal 
        Assistance'', $150,000,000, to be available for the emergency 
        food and shelter program for the purposes of providing shelter 
        and other services to families and individuals encountered by 
        the Department of Homeland Security.

    (b) <<NOTE: Deadline. Expenditure plan.>>  Not later than 30 days 
after the date of enactment of this Act, the Under Secretary for 
Management shall provide an expenditure plan for the use of the funds 
made available in subsection (a).

                         (rescissions of funds)

    Sec. 544. (a) Of the unobligated balances from amounts made 
available under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' by section 230(a)(3) of 
division A of the Consolidated Appropriations Act, 2019 (Public Law 116-
6) for construction and facility improvements, $90,500,000 are hereby 
rescinded.
    (b) Of the unobligated balances from amounts made available under 
the heading ``U.S. Customs and Border Protection--Procurement, 
Construction, and Improvements'' by section 209(2) of division F of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260) for facility 
construction and improvements, $40,000,000 are hereby rescinded.
    (c) For an additional amount for ``Management Directorate--
Procurement, Construction, and Improvements'', $130,500,000, to remain 
available until September 30, 2025, in addition to any amounts otherwise 
available for such purposes, for the development of joint processing 
centers.
    Sec. 545. (a) Of the unobligated balances from amounts made 
available under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' by the Emergency 
Supplemental Appropriations for Humanitarian Assistance and Security at 
the Southern Border Act, 2019 (Public Law 116-26) for the development of 
a joint processing center, $49,500,000 are hereby rescinded:  Provided, 
That the amounts rescinded by this subsection that were previously 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 are designated by the Congress as an emergency 
requirement pursuant to section 4001(a)(1) and section 4001(b) of S. 
Con. Res. 14 (117th Congress), the concurrent resolution on the budget 
for fiscal year 2022.
    (b) For an additional amount for ``Management Directorate--
Procurement, Construction, and Improvements'', $49,500,000, to remain 
available until September 30, 2025, in addition to any amounts otherwise 
available for such purposes, for the development of joint processing 
centers:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 4001(a)(1) and 
section 4001(b) of S. Con. Res.

[[Page 136 STAT. 346]]

14 (117th Congress), the concurrent resolution on the budget for fiscal 
year 2022.
    Sec. 546.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent resolution 
on the budget or the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99-177):
            (1) $21,650 from the unobligated balances available in the 
        ``Office of the Executive Secretary--Operations and Support'' 
        account (70 X 0100).
            (2) $1,810 from the unobligated balances available in the 
        ``Office of the Undersecretary for Management'' account (70 X 
        0112).
            (3) $12,628,523 from the unobligated balances available in 
        the ``Management Directorate--Office of the Chief Information 
        Officer and Operations'' account (70 X 0113).
            (4) $8,456 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 0504, ``Immigration and 
        Customs Enforcement, Border and Transportation Security, INS''.
            (5) $503 from the unobligated balances available in Treasury 
        Account Fund Symbol 70 X 8598, ``U.S. Immigration and Customs 
        Enforcement, Violent Crime Reduction Program''.
            (6) $7,006 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 0508, ``Transportation 
        Security Administration, Expenses''.
            (7) $11,412 from the unobligated balances available in the 
        ``Transportation Security Administration--Federal Air Marshals'' 
        account (70 X 0541).
            (8) $311 from the unobligated balances available in the 
        ``Transportation Security Administration--Surface Transportation 
        Security'' account (70 X 0551).
            (9) $5,308,328 from the unobligated balances available in 
        the ``Transportation Security Administration--Intelligence and 
        Vetting'' account (70 X 0557).
            (10) $1.41 from the unobligated balances available in the 
        ``Transportation Security Administration--Research and 
        Development'' account (70 X 0553).
            (11) $322,105 from the unobligated balances available in the 
        ``Transportation Security Administration--Transportation 
        Security Support'' account (70 X 0554).
            (12) $457,920 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 0900, ``Cybersecurity and 
        Infrastructure Security Agency, Operating Expenses''.
            (13) $199,690 from the unobligated balances available in the 
        ``Federal Emergency Management Agency--State and Local 
        Programs'' account (70 X 0560).
            (14) $1,670 from the unobligated balances available in the 
        ``Federal Emergency Management Agency--Administrative and 
        Regional Operations, Emergency Preparedness and Response'' 
        account (70 X 0712).
            (15) $115,138 from the unobligated balances available in the 
        ``Federal Emergency Management Agency--Operations and Support'' 
        account (70 X 0700).

[[Page 136 STAT. 347]]

            (16) $1,243,822 from the unobligated balances available in 
        Treasury Account Fund Symbol 70 X 0300, ``U.S. Citizenship and 
        Immigration Services, Operations and Support''.
            (17) $350,656 from the unobligated balances available in the 
        ``Countering Weapons of Mass Destruction Office--Research and 
        Development'' account (70 X 0860).
            (18) $3,000,000 from the unobligated balances available in 
        the ``Federal Emergency Management Agency--National Predisaster 
        Mitigation Fund'' account (70 X 0716).
            (19) $24,339,000 from the unobligated balances available in 
        the ``U.S. Customs and Border Protection--Border Security 
        Fencing, Infrastructure, and Technology'' account (70 X 0533).
            (20) $10,000,000 from Public Law 116-260 under the heading 
        ``U.S. Customs and Border Protection--Procurement, Construction, 
        and Improvements''.
            (21) $6,161,000 from the unobligated balances available in 
        the ``U.S. Customs and Border Protection--Procurement, 
        Construction, and Improvements'' account (70 X 0532).
            (22) $4,500,000 from Public Law 115-141 under the heading 
        ``U.S. Customs and Border Protection--Construction and Facility 
        Improvements''.
            (23) $6,999 from the unobligated balances available in the 
        ``U.S. Customs and Border Protection--Operations and Support'' 
        account (70 X 0530).
            (24) $21,000,000 from Public Law 115-141 under the heading 
        ``Coast Guard--Acquisition, Construction, and Improvements''.

    Sec. 547.  The following unobligated balances made available to the 
Department of Homeland Security pursuant to section 505 of the 
Department of Homeland Security Appropriations Act, 2021 (Public Law 
116-260) are rescinded:
            (1) $791,720 from ``Office of the Secretary and Executive 
        Management--Operations and Support''.
            (2) $359,920 from ``Management Directorate--Operations and 
        Support''.
            (3) $1,041,300 from ``Intelligence, Analysis, and Operations 
        Coordination--Operations and Support''.
            (4) $132,133 from ``Office of the Inspector General--
        Operations and Support''.
            (5) $19,337,430 from ``U.S. Customs and Border Protection--
        Operations and Support''.
            (6) $7,169,547 from ``U.S. Immigration and Customs 
        Enforcement--Operations and Support''.
            (7) $1,000,000 from ``Coast Guard--Operations and Support''.
            (8) $6,394,290 from ``United States Secret Service--
        Operations and Support''.
            (9) $2,793,900 from ``Cybersecurity and Infrastructure 
        Security Agency--Operations and Support''.
            (10) $668,640 from ``Federal Emergency Management Agency--
        Operations and Support''.
            (11) $1,368,190 from ``U.S. Citizenship and Immigration 
        Services--Operations and Support''.
            (12) $903,710 from ``Federal Law Enforcement Training 
        Centers--Operations and Support''.
            (13) $110,710 from ``Science and Technology Directorate--
        Operations and Support''.

[[Page 136 STAT. 348]]

            (14) $385,640 from ``Countering Weapons of Mass Destruction 
        Office--Operations and Support''.

    Sec. 548.  Of the unobligated balances made available to ``Federal 
Emergency Management Agency--Disaster Relief Fund'', $147,592,596 shall 
be rescinded:  Provided, That no amounts may be rescinded from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended:  Provided 
further, That no amounts may be rescinded from amounts that were 
designated by the Congress as being for disaster relief pursuant to 
section 4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th 
Congress), the concurrent resolution on the budget for fiscal year 2022, 
or section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985:  Provided further, That no amounts may be rescinded 
from amounts that were made available by section 4005 of the American 
Rescue Plan Act of 2021 (Public Law 117-2).
     This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2022''.

    DIVISION G <<NOTE: Department of the Interior, Environment, and 
    Related Agencies Appropriations Act, 2022.>> --DEPARTMENT OF THE 
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022

                                 TITLE I

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), 
$1,281,940,000, to remain available until September 30, 2023; of which 
$79,035,000 for annual and deferred maintenance and $137,093,000 for the 
wild horse and burro program, as authorized by Public Law 92-195 (16 
U.S.C. 1331 et seq.), shall remain available until expended:  Provided, 
That amounts <<NOTE: Drilling permits.>>  in the fee account of the BLM 
Permit Processing Improvement Fund may be used for any bureau-related 
expenses associated with the processing of oil and gas applications for 
permits to drill and related use of authorizations.

    In addition, $39,696,000 is for Mining Law Administration program 
operations, including the cost of administering the mining claim fee 
program, to remain available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation from mining 
claim maintenance fees and location fees that are hereby authorized for 
fiscal year 2022, so as to result in a final appropriation estimated at 
not more than $1,281,940,000,

[[Page 136 STAT. 349]]

and $2,000,000, to remain available until expended, from communication 
site rental fees established by the Bureau for the cost of administering 
communication site activities.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing 
connecting roads on or adjacent to such grant lands; $117,283,000, to 
remain available until expended:  Provided, <<NOTE: Transfer 
authority.>>  That 25 percent of the aggregate of all receipts during 
the current fiscal year from the revested Oregon and California Railroad 
grant lands is hereby made a charge against the Oregon and California 
land-grant fund and shall be transferred to the General Fund in the 
Treasury in accordance with the second paragraph of subsection (b) of 
title II of the Act of August 28, 1937 (43 U.S.C. 2605).

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of 
all moneys received during the prior fiscal year under sections 3 and 15 
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended:  Provided, That not to exceed $600,000 shall 
be available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28 
of the Mineral Leasing Act (30 U.S.C. 185), to remain available until 
expended:  Provided, <<NOTE: 43 USC 1735 note.>>  That notwithstanding 
any provision to the contrary of section 305(a) of Public Law 94-579 (43 
U.S.C. 1735(a)), any moneys that have been or will be received pursuant 
to that section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary of the Interior to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the action of a 
resource developer, purchaser, permittee, or any unauthorized

[[Page 136 STAT. 350]]

person, without regard to whether all moneys collected from each such 
action are used on the exact lands damaged which led to the action:  
Provided further, <<NOTE: 43 USC 1735 note.>>  That any such moneys that 
are in excess of amounts needed to repair damage to the exact land for 
which funds were collected may be used to repair other damaged public 
lands.

                        miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such 
amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available 
until expended.

                        administrative provisions

    The Bureau of Land Management may carry out the operations funded 
under this Act by direct expenditure, contracts, grants, cooperative 
agreements, and reimbursable agreements with public and private 
entities, including with States. Appropriations for the Bureau shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $10,000:  
Provided, <<NOTE: Contracts. Determination.>>  That notwithstanding 
Public Law 90-620 (44 U.S.C. 501), the Bureau may, under cooperative 
cost-sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly produced 
publications for which the cooperators share the cost of printing either 
in cash or in services, and the Bureau determines the cooperator is 
capable of meeting accepted quality standards:  Provided 
further, <<NOTE: Reimbursements.>>  That projects to be funded pursuant 
to a written commitment by a State government to provide an identified 
amount of money in support of the project may be carried out by the 
Bureau on a reimbursable basis.

                 United States Fish and Wildlife Service

                           resource management

                      (including transfer of funds)

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
general administration, and for the performance of other authorized 
functions related to such resources, $1,451,545,000, to remain available 
until September 30, 2023:  Provided, That not to exceed $21,279,000 
shall be used for implementing subsections (a), (b), (c), and (e) of 
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other

[[Page 136 STAT. 351]]

steps to implement actions described in subsection (c)(2)(A), 
(c)(2)(B)(i), or (c)(2)(B)(ii)):  Provided further, That of the amount 
appropriated under this heading, $6,813,000, to remain available until 
September 30, 2024, shall be for projects specified for Stewardship 
Priorities in the table titled ``Interior and Environment Incorporation 
of Community Project Funding Items/Congressionally Directed Spending 
Items'' included for this division in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided further, That amounts in the preceding 
proviso may be transferred to the appropriate program, project, or 
activity under this heading and shall continue to only be available for 
the purposes and in such amounts as such funds were originally 
appropriated.

                              construction

                     (including rescission of funds)

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fish and wildlife 
resources, and the acquisition of lands and interests therein; 
$12,847,000, to remain available until expended.
    Of the unobligated balances from amounts made available under this 
heading for construction, $1,240,000 is permanently rescinded:  
Provided, That no amounts may be rescinded from amounts that were 
designated by the Congress as an emergency requirement pursuant to the 
Concurrent Resolution on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985.

            cooperative endangered species conservation fund

                     (including rescission of funds)

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1535), $24,064,000, to remain available 
until expended, to be derived from the Cooperative Endangered Species 
Conservation Fund.
    Of the unobligated balances from amounts made available under this 
heading from the Cooperative Endangered Species Conservation Fund, 
$945,000 is permanently rescinded:  Provided, That no amounts may be 
rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $13,228,000.

                north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), 
$48,500,000, to remain available until expended.

[[Page 136 STAT. 352]]

                 neotropical migratory bird conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to remain 
available until expended.

                 multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant 
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and 
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape 
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle 
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $20,000,000, to 
remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and Indian tribes under the 
provisions of the Fish and Wildlife Act of 1956 and the Fish and 
Wildlife Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, including 
species that are not hunted or fished, $72,612,000, to remain available 
until expended:  Provided, That of the amount provided herein, 
$6,000,000 is for a competitive grant program for Indian tribes not 
subject to the remaining provisions of this appropriation:  Provided 
further, That $7,362,000 is for a competitive grant program to implement 
approved plans for States, territories, and other jurisdictions and at 
the discretion of affected States, the regional Associations of fish and 
wildlife agencies, not subject to the remaining provisions of this 
appropriation:  Provided further, <<NOTE: Apportionment. District 
of Columbia. Territories.>>  That the Secretary shall, after deducting 
$13,362,000 and administrative expenses, apportion the amount provided 
herein in the following manner: (1) to the District of Columbia and to 
the Commonwealth of Puerto Rico, each a sum equal to not more than one-
half of 1 percent thereof; and (2) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands, each a sum equal to not more than one-fourth of 1 percent 
thereof:  Provided further, <<NOTE: Apportionment.>>  That the Secretary 
of the Interior shall apportion the remaining amount in the following 
manner: (1) one-third of which is based on the ratio to which the land 
area of such State bears to the total land area of all such States; and 
(2) two-thirds of which is based on the ratio to which the population of 
such State bears to the total population of all such States:  Provided 
further, That the <<NOTE: Adjustment.>>  amounts apportioned under this 
paragraph shall be adjusted equitably so that no State shall be 
apportioned a sum which is less than 1 percent of the amount available 
for apportionment under this paragraph for any fiscal year or more than 
5 percent of such amount:  Provided further, That the Federal share of 
planning grants shall not exceed 75 percent of the total costs of such 
projects and the Federal share of implementation grants shall not exceed 
65 percent of the total costs of such projects:  Provided further, That 
the non-Federal share of such projects may not be derived from Federal 
grant programs:  Provided further, That any <<NOTE: Reapportion- 
ment.>>  amount apportioned in 2022 to any State, territory, or

[[Page 136 STAT. 353]]

other jurisdiction that remains unobligated as of September 30, 2023, 
shall be reapportioned, together with funds appropriated in 2024, in the 
manner provided herein.

                        administrative provisions

    The <<NOTE: Contracts. Grants.>>  United States Fish and Wildlife 
Service may carry out the operations of Service programs by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities. Appropriations and funds 
available to the United States Fish and Wildlife Service shall be 
available for repair of damage to public roads within and adjacent to 
reservation areas caused by operations of the Service; options for the 
purchase of land at not to exceed one dollar for each option; facilities 
incident to such public recreational uses on conservation areas as are 
consistent with their primary purpose; and the maintenance and 
improvement of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and to which the United States has title, 
and which are used pursuant to law in connection with management, and 
investigation of fish and wildlife resources:  
Provided, <<NOTE: Contracts. Determination.>>  That notwithstanding 44 
U.S.C. 501, the Service may, under cooperative cost sharing and 
partnership arrangements authorized by law, procure printing services 
from cooperators in connection with jointly produced publications for 
which the cooperators share at least one-half the cost of printing 
either in cash or services and the Service determines the cooperator is 
capable of meeting accepted quality standards:  Provided 
further, <<NOTE: Donations.>>  That the Service may accept donated 
aircraft as replacements for existing aircraft:  Provided 
further, <<NOTE: Fees.>>  That notwithstanding 31 U.S.C. 3302, all fees 
collected for non-toxic shot review and approval shall be deposited 
under the heading ``United States Fish and Wildlife Service--Resource 
Management'' and shall be available to the Secretary, without further 
appropriation, to be used for expenses of processing of such non-toxic 
shot type or coating applications and revising regulations as necessary, 
and shall remain available until expended.

                          National Park Service

                  operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service and for the general administration of the National Park Service, 
$2,767,028,000, of which $11,452,000 for planning and interagency 
coordination in support of Everglades restoration and $135,980,000 for 
maintenance, repair, or rehabilitation projects for constructed assets 
and $188,184,000 for cyclic maintenance projects for constructed assets 
and cultural resources and $5,000,000 for uses authorized by section 
101122 of title 54, United States Code shall remain available until 
September 30, 2023:  Provided, That funds appropriated under this 
heading in this Act are available for the purposes of section 5 of 
Public Law 95-348:  Provided further, That notwithstanding section 9 of 
the 400 Years of African-American History Commission Act (36 U.S.C. note 
prec. 101; Public Law 115-102), $3,300,000 of the funds provided under 
this heading shall be made available for the purposes specified by that 
Act:  Provided further, That sections (7)(b) and (8)

[[Page 136 STAT. 354]]

of that Act <<NOTE: 36 USC 101 note prec.>>  shall be amended by 
striking ``July 1, 2022'' and inserting ``July 1, 2023''.

    In addition, for purposes described in section 2404 of Public Law 
116-9, an amount equal to the amount deposited in this fiscal year into 
the National Park Medical Services Fund established pursuant to such 
section of such Act, to remain available until expended, shall be 
derived from such Fund.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, and 
grant administration, not otherwise provided for, $83,910,000, to remain 
available until September 30, 2023, of which $3,500,000 shall be for 
projects specified for Statutory and Contractual Aid in the table titled 
``Interior and Environment Incorporation of Community Project Funding 
Items/Congressionally Directed Spending Items'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                       historic preservation fund

    For expenses necessary in carrying out the National Historic 
Preservation Act (division A of subtitle III of title 54, United States 
Code), $173,072,000, to be derived from the Historic Preservation Fund 
and to remain available until September 30, 2023, of which $26,500,000 
shall be for Save America's Treasures grants for preservation of 
nationally significant sites, structures and artifacts as authorized by 
section 7303 of the Omnibus Public Land Management Act of 2009 (54 
U.S.C. 3089):  Provided, <<NOTE: Grants.>>  That an individual Save 
America's Treasures grant shall be matched by non-Federal funds:  
Provided further, That individual projects shall only be eligible for 
one grant:  Provided further, <<NOTE: Approval. Consultation.>>  That 
all projects to be funded shall be approved by the Secretary of the 
Interior in consultation with the House and Senate Committees on 
Appropriations:  Provided further, <<NOTE: Determination.>>  That of the 
funds provided for the Historic Preservation Fund, $1,250,000 is for 
competitive grants for the survey and nomination of properties to the 
National Register of Historic Places and as National Historic Landmarks 
associated with communities currently under-represented, as determined 
by the Secretary; $26,375,000 is for competitive grants to preserve the 
sites and stories of the Civil Rights movement; $10,000,000 is for 
grants to Historically Black Colleges and Universities; $10,000,000 is 
for competitive grants for the restoration of historic properties of 
national, State, and local significance listed on or eligible for 
inclusion on the National Register of Historic Places, to be made 
without imposing the usage or direct grant restrictions of section 
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation 
Act; $10,000,000 is for a competitive grant program to honor the 
semiquincentennial anniversary of the United States by restoring and 
preserving state-owned sites and structures listed on the National 
Register of Historic Places that commemorate the founding of the nation; 
and $15,272,000 is for projects specified for the Historic Preservation 
Fund in the table titled ``Interior and Environment Incorporation of 
Community Project Funding Items/Congressionally Directed Spending 
Items'' included for this

[[Page 136 STAT. 355]]

division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, That such competitive grants shall be made without imposing the 
matching requirements in section 302902(b)(3) of title 54, United States 
Code to States and Indian tribes as defined in chapter 3003 of such 
title, Native Hawaiian organizations, local governments, including 
Certified Local Governments, and non-profit organizations.

                              construction

    For construction, improvements, repair, or replacement of physical 
facilities, and compliance and planning for programs and areas 
administered by the National Park Service, $225,984,000, to remain 
available until expended:  Provided, <<NOTE: Contracts.>>  That 
notwithstanding any other provision of law, for any project initially 
funded in fiscal year 2022 with a future phase indicated in the National 
Park Service 5-Year Line Item Construction Plan, a single procurement 
may be issued which includes the full scope of the project:  Provided 
further, That the solicitation and contract shall contain the clause 
availability of funds found at 48 CFR 52.232-18:  Provided further, That 
National Park Service Donations, Park Concessions Franchise Fees, and 
Recreation Fees may be made available for the cost of adjustments and 
changes within the original scope of effort for projects funded by the 
National Park Service Construction appropriation:  Provided 
further, <<NOTE: Consultation.>>  That the Secretary of the Interior 
shall consult with the Committees on Appropriations, in accordance with 
current reprogramming thresholds, prior to making any charges authorized 
by this section.

                          centennial challenge

    For expenses necessary to carry out the provisions of section 101701 
of title 54, United States Code, relating to challenge cost share 
agreements, $15,000,000, to remain available until expended, for 
Centennial Challenge projects and programs:  Provided, That not less 
than 50 percent of the total cost of each project or program shall be 
derived from non-Federal sources in the form of donated cash, assets, or 
a pledge of donation guaranteed by an irrevocable letter of credit.

                        administrative provisions

                      (including transfer of funds)

    In <<NOTE: Fees.>>  addition to other uses set forth in section 
101917(c)(2) of title 54, United States Code, franchise fees credited to 
a sub-account shall be available for expenditure by the Secretary, 
without further appropriation, for use at any unit within the National 
Park System to extinguish or reduce liability for Possessory Interest or 
leasehold surrender interest. Such funds may only be used for this 
purpose to the extent that the benefitting unit anticipated franchise 
fee receipts over the term of the contract at that unit exceed the 
amount of funds used to extinguish or reduce liability. Franchise fees 
at the benefitting unit shall be credited to the sub-account of the 
originating unit over a period not to exceed the term of a single 
contract at the benefitting unit, in the amount of funds so expended to 
extinguish or reduce liability.

[[Page 136 STAT. 356]]

    For the costs of administration of the Land and Water Conservation 
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico 
Energy Security Act of 2006 (Public Law 109-432), the National Park 
Service may retain up to 3 percent of the amounts which are authorized 
to be disbursed under such section, such retained amounts to remain 
available until expended.
    National Park Service funds may be transferred to the Federal 
Highway Administration (FHWA), Department of Transportation, for 
purposes authorized under 23 U.S.C. 203. Transfers may include a 
reasonable amount for FHWA administrative support costs.

                     United States Geological Survey

                  surveys, investigations, and research

                      (including transfer of funds)

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) 
and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,394,360,000, 
to remain available until September 30, 2023; of which $84,788,000 shall 
remain available until expended for satellite operations; and of which 
$74,664,000 shall be available until expended for deferred maintenance 
and capital improvement projects that exceed $100,000 in cost:  
Provided, That none of the funds provided for the ecosystem research 
activity shall be used to conduct new surveys on private property, 
unless specifically authorized in writing by the property owner:  
Provided further, That <<NOTE: 43 USC 50.>>  no part of this 
appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities: 
 Provided further, That of the amount appropriated under this heading, 
$1,000,000 shall be for projects specified for Special Initiatives in 
the table titled ``Interior and Environment Incorporation of Community 
Project Funding Items/Congressionally Directed Spending Items'' included 
for this division in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act):  Provided 
further, That amounts in the preceding proviso may be transferred to the 
appropriate program, project, or activity under this heading and shall 
continue to only be available for the purposes and in such amounts as 
such funds were originally appropriated.

                        administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey such sums as are necessary shall be available 
for contracting for the furnishing of topographic maps and for the 
making of geophysical or other specialized surveys

[[Page 136 STAT. 357]]

when it is administratively determined that such procedures are in the 
public interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations, 
observation wells, and seismic equipment; expenses of the United States 
National Committee for Geological Sciences; and payment of compensation 
and expenses of persons employed by the Survey duly appointed to 
represent the United States in the negotiation and administration of 
interstate compacts:  Provided, That activities funded by appropriations 
herein made may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in section 6302 of title 31, United 
States Code:  Provided further, That the United States Geological Survey 
may enter into contracts or cooperative agreements directly with 
individuals or indirectly with institutions or nonprofit organizations, 
without regard to 41 U.S.C. 6101, for the temporary or intermittent 
services of students or recent graduates, who shall be considered 
employees for the purpose of chapters 57 and 81 of title 5, United 
States Code, relating to compensation for travel and work injuries, and 
chapter 171 of title 28, United States Code, relating to tort claims, 
but shall not be considered to be Federal employees for any other 
purposes.

                    Bureau of Ocean Energy Management

                         ocean energy management

    For expenses necessary for granting and administering leases, 
easements, rights-of-way, and agreements for use for oil and gas, other 
minerals, energy, and marine-related purposes on the Outer Continental 
Shelf and approving operations related thereto, as authorized by law; 
for environmental studies, as authorized by law; for implementing other 
laws and to the extent provided by Presidential or Secretarial 
delegation; and for matching grants or cooperative agreements, 
$206,748,000, of which $163,748,000 is to remain available until 
September 30, 2023, and of which $43,000,000 is to remain available 
until expended:  Provided, That this total appropriation shall be 
reduced by amounts collected by the Secretary of the Interior and 
credited to this appropriation from additions to receipts resulting from 
increases to lease rental rates in effect on August 5, 1993, and from 
cost recovery fees from activities conducted by the Bureau of Ocean 
Energy Management pursuant to the Outer Continental Shelf Lands Act, 
including studies, assessments, analysis, and miscellaneous 
administrative activities:  Provided further, That the sum herein 
appropriated shall be reduced as such collections are received during 
the fiscal year, so as to result in a final fiscal year 2022 
appropriation estimated at not more than $163,748,000:  Provided 
further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities.

             Bureau of Safety and Environmental Enforcement

              offshore safety and environmental enforcement

                     (including rescission of funds)

    For expenses necessary for the regulation of operations related to 
leases, easements, rights-of-way, and agreements for use for

[[Page 136 STAT. 358]]

oil and gas, other minerals, energy, and marine-related purposes on the 
Outer Continental Shelf, as authorized by law; for enforcing and 
implementing laws and regulations as authorized by law and to the extent 
provided by Presidential or Secretarial delegation; and for matching 
grants or cooperative agreements, $171,848,000, of which $147,848,000 is 
to remain available until September 30, 2023, and of which $24,000,000 
is to remain available until expended, including $3,000,000 for offshore 
decommissioning activities:  Provided, That this total appropriation 
shall be reduced by amounts collected by the Secretary of the Interior 
and credited to this appropriation from additions to receipts resulting 
from increases to lease rental rates in effect on August 5, 1993, and 
from cost recovery fees from activities conducted by the Bureau of 
Safety and Environmental Enforcement pursuant to the Outer Continental 
Shelf Lands Act, including studies, assessments, analysis, and 
miscellaneous administrative activities:  Provided further, That the sum 
herein appropriated shall be reduced as such collections are received 
during the fiscal year, so as to result in a final fiscal year 2022 
appropriation estimated at not more than $150,848,000:  Provided 
further, That of the unobligated balances from amounts made available 
under this heading, $10,000,000 is permanently rescinded:  Provided 
further, That no amounts may be rescinded from amounts that were 
designated by the Congress as an emergency requirement pursuant to the 
Concurrent Resolution on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985.
    For an additional amount, $34,000,000, to remain available until 
expended, to be reduced by amounts collected by the Secretary and 
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2022, as provided in 
this Act:  Provided, That to the extent that amounts realized from such 
inspection fees exceed $34,000,000, the amounts realized in excess of 
$34,000,000 shall be credited to this appropriation and remain available 
until expended:  Provided further, That for fiscal year 2022, not less 
than 50 percent of the inspection fees expended by the Bureau of Safety 
and Environmental Enforcement will be used to fund personnel and 
mission-related costs to expand capacity and expedite the orderly 
development, subject to environmental safeguards, of the Outer 
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.), including the review of applications for permits 
to drill.

                           oil spill research

    For necessary expenses to carry out title I, section 1016; title IV, 
sections 4202 and 4303; title VII; and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $15,099,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
$118,117,000, to remain available until September 30, 2023,

[[Page 136 STAT. 359]]

of which $65,000,000 shall be available for state and tribal regulatory 
grants:  Provided, <<NOTE: 30 USC 1211 note.>>  That appropriations for 
the Office of Surface Mining Reclamation and Enforcement may provide for 
the travel and per diem expenses of State and tribal personnel attending 
Office of Surface Mining Reclamation and Enforcement sponsored training.

    In addition, for costs to review, administer, and enforce permits 
issued by the Office pursuant to section 507 of Public Law 95-87 (30 
U.S.C. 1257), $40,000, to remain available until expended:  
Provided, <<NOTE: 30 USC 1257 note.>>  That fees assessed and collected 
by the Office pursuant to such section 507 shall be credited to this 
account as discretionary offsetting collections, to remain available 
until expended:  Provided further, That the sum herein appropriated from 
the general fund shall be reduced as collections are received during the 
fiscal year, so as to result in a fiscal year 2022 appropriation 
estimated at not more than $118,117,000.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, $27,480,000, to 
be derived from receipts of the Abandoned Mine Reclamation Fund and to 
remain available until expended:  Provided, That <<NOTE: Debt 
collection. Contracts.>>  pursuant to Public Law 97-365, the Department 
of the Interior is authorized to use up to 20 percent from the recovery 
of the delinquent debt owed to the United States Government to pay for 
contracts to collect these debts:  Provided further, That funds made 
available under title IV of Public Law 95-87 may be used for any 
required non-Federal share of the cost of projects funded by the Federal 
Government for the purpose of environmental restoration related to 
treatment or abatement of acid mine drainage from abandoned mines:  
Provided further, That such projects must be consistent with the 
purposes and priorities of the Surface Mining Control and Reclamation 
Act:  Provided further, That amounts provided under this heading may be 
used for the travel and per diem expenses of State and tribal personnel 
attending Office of Surface Mining Reclamation and Enforcement sponsored 
training.

    In addition, $122,500,000, to remain available until expended, for 
grants to States and federally recognized Indian Tribes for reclamation 
of abandoned mine lands and other related activities in accordance with 
the terms and conditions described in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided, That such additional amount shall be used 
for economic and community development in conjunction with the 
priorities in section 403(a) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1233(a)):  Provided further, That of 
such additional amount, $79,890,000 shall be distributed in equal 
amounts to the three Appalachian States with the greatest amount of 
unfunded needs to meet the priorities described in paragraphs (1) and 
(2) of such section, $31,956,000 shall be distributed in equal amounts 
to the three Appalachian States with the subsequent greatest amount of 
unfunded needs to meet such priorities, and $10,654,000 shall be for 
grants to federally recognized Indian Tribes without regard to their 
status as certified or uncertified under the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of 
abandoned mine lands and other related activities in

[[Page 136 STAT. 360]]

accordance with the terms and conditions described in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act) and shall be used for economic and community 
development in conjunction with the priorities in section 403(a) of the 
Surface Mining Control and Reclamation Act of 1977:  Provided 
further, <<NOTE: Allocations. State and local governments. Native 
Americans. Deadline.>>  That such additional amount shall be allocated 
to States and Indian Tribes within 60 days after the date of enactment 
of this Act.

                             Indian Affairs

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfers of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13) and the Indian Self-Determination and Education Assistance 
Act of 1975 (25 U.S.C. 5301 et seq.), $1,820,334,000, to remain 
available until September 30, 2023, except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception and 
representation expenses; of which not to exceed $78,494,000 shall be for 
welfare assistance payments:  Provided, That in cases of designated 
Federal disasters, the Secretary of the Interior may exceed such cap for 
welfare payments from the amounts provided herein, to provide for 
disaster relief to Indian communities affected by the disaster:  
Provided further, That federally recognized Indian tribes and tribal 
organizations of federally recognized Indian tribes may use their tribal 
priority allocations for unmet welfare assistance costs:  Provided 
further, That not to exceed $59,182,000 shall remain available until 
expended for housing improvement, road maintenance, attorney fees, 
litigation support, land records improvement, and the Navajo-Hopi 
Settlement Program:  Provided further, That of the amount appropriated 
under this heading, $1,250,000 shall be for projects specified for 
Special Initiatives (CDS) in the table titled ``Interior and Environment 
Incorporation of Community Project Funding Items/Congressionally 
Directed Spending Items'' included for this division in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, That any forestry funds 
allocated to a federally recognized tribe which remain unobligated as of 
September 30, 2023, may be transferred during fiscal year 2024 to an 
Indian forest land assistance account established for the benefit of the 
holder of the funds within the holder's trust fund account:  Provided 
further, That any <<NOTE: Expiration date.>>  such unobligated balances 
not so transferred shall expire on September 30, 2024:  Provided 
further, That in order to enhance the safety of Bureau field employees, 
the Bureau may use funds to purchase uniforms or other identifying 
articles of clothing for personnel:  Provided further, That the Bureau 
of Indian Affairs may accept transfers of funds from United States 
Customs and Border Protection to supplement any other funding available 
for reconstruction or repair of roads owned by the Bureau of Indian 
Affairs as identified on the National Tribal Transportation Facility 
Inventory, 23 U.S.C. 202(b)(1).

[[Page 136 STAT. 361]]

                        indian land consolidation

    For the acquisition of fractional interests to further land 
consolidation as authorized under the Indian Land Consolidation Act 
Amendments of 2000 (Public Law 106-462), and the American Indian Probate 
Reform Act of 2004 (Public Law 108-374), $7,000,000, to remain available 
until expended:  Provided, That any provision of the Indian Land 
Consolidation Act Amendments of 2000 (Public Law 106-462) that requires 
or otherwise relates to application of a lien shall not apply to the 
acquisitions funded herein.

                         contract support costs

    For payments to tribes and tribal organizations for contract support 
costs associated with Indian Self-Determination and Education Assistance 
Act agreements with the Bureau of Indian Affairs and the Bureau of 
Indian Education for fiscal year 2022, such sums as may be necessary, 
which shall be available for obligation through September 30, 2023:  
Provided, That notwithstanding any other provision of law, no amounts 
made available under this heading shall be available for transfer to 
another budget account.

                       payments for tribal leases

    For payments to tribes and tribal organizations for leases pursuant 
to section 105(l) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as 
may be necessary, which shall be available for obligation through 
September 30, 2023:  Provided, That notwithstanding any other provision 
of law, no amounts made available under this heading shall be available 
for transfer to another budget account.

                              construction

                      (including transfer of funds)

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483; $146,769,000, to remain available until expended:  
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation:  Provided further, That any funds provided for the Safety 
of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), 
shall be made available on a nonreimbursable basis:  Provided further, 
That this <<NOTE: Reimbursement.>>  appropriation may be reimbursed from 
the Office of the Special Trustee for American Indians appropriation for 
the appropriate share of construction costs for space expansion needed 
in agency offices to meet trust reform implementation:  Provided 
further, That of the funds made available under this heading, 
$10,000,000 shall be derived from the Indian Irrigation Fund established 
by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. 1749).

[[Page 136 STAT. 362]]

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 101-618, 114-322, 111-291 and 116-260, and for 
implementation of other land and water rights settlements, $1,000,000, 
to remain available until expended, which may be deposited, as 
necessary, into the Selis-Qlispe Ksanka Settlement and the Navajo Utah 
Settlement Trust Funds established by Public Law 116-260.

                 indian guaranteed loan program account

    For the cost of guaranteed loans and insured loans, $11,833,000, to 
remain available until September 30, 2023, of which $1,629,000 is for 
administrative expenses, as authorized by the Indian Financing Act of 
1974:  Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974:  Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed or 
insured, not to exceed $103,456,940.

                       Bureau of Indian Education

                 operation of indian education programs

    For expenses necessary for the operation of Indian education 
programs, as authorized by law, including the Snyder Act of November 2, 
1921 (25 U.S.C. 13), the Indian Self-Determination and Education 
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education 
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,017,601,000 to remain 
available until September 30, 2023, except as otherwise provided herein: 
 Provided, That federally recognized Indian tribes and tribal 
organizations of federally recognized Indian tribes may use their tribal 
priority allocations for unmet welfare assistance costs:  Provided 
further, That not to exceed $752,148,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 2022, and shall remain available until September 
30, 2023:  Provided further, That notwithstanding any other provision of 
law, including but not limited to the Indian Self-Determination Act of 
1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education 
Amendments of 1978 (25 U.S.C. 2008), not to exceed $89,450,000 within 
and only from such amounts made available for school operations shall be 
available for administrative cost grants associated with grants approved 
prior to July 1, 2022:  Provided further, That in order to enhance the 
safety of Bureau field employees, the Bureau may use funds to purchase 
uniforms or other identifying articles of clothing for personnel.

                         education construction

    For construction, repair, improvement, and maintenance of buildings, 
utilities, and other facilities necessary for the operation of Indian 
education programs, including architectural and

[[Page 136 STAT. 363]]

engineering services by contract; acquisition of lands, and interests in 
lands; $264,330,000 to remain available until expended:  Provided, That 
in order <<NOTE: Deadline.>>  to ensure timely completion of 
construction projects, the Secretary of the Interior may assume control 
of a project and all funds related to the project, if, not later than 18 
months after the date of the enactment of this Act, any Public Law 100-
297 (25 U.S.C. 2501, et seq.) grantee receiving funds appropriated in 
this Act or in any prior Act, has not completed the planning and design 
phase of the project and commenced construction.

                        administrative provisions

    The <<NOTE: Contracts. Grants.>>  Bureau of Indian Affairs and the 
Bureau of Indian Education may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts, and grants, either directly or in cooperation with States and 
other organizations.

    Notwithstanding <<NOTE: Contracts.>>  Public Law 87-279 (25 U.S.C. 
15), the Bureau of Indian Affairs may contract for services in support 
of the management, operation, and maintenance of the Power Division of 
the San Carlos Irrigation Project.

    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs or the Bureau of Indian Education for 
central office oversight and Executive Direction and Administrative 
Services (except Executive Direction and Administrative Services funding 
for Tribal Priority Allocations, regional offices, and facilities 
operations and maintenance) shall be available for contracts, grants, 
compacts, or cooperative agreements with the Bureau of Indian Affairs or 
the Bureau of Indian Education under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 
103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs or the Bureau of Indian Education, 
this action shall not diminish the Federal Government's trust 
responsibility to that tribe, or the government-to-government 
relationship between the United States and that tribe, or that tribe's 
ability to access future appropriations.
    Notwithstanding <<NOTE: Alaska.>>  any other provision of law, no 
funds available to the Bureau of Indian Education, other than the 
amounts provided herein for assistance to public schools under 25 U.S.C. 
452 et seq., shall be available to support the operation of any 
elementary or secondary school in the State of Alaska.

    No funds <<NOTE: Waiver authority. Determination.>>  available to 
the Bureau of Indian Education shall be used to support expanded grades 
for any school or dormitory beyond the grade structure in place or 
approved by the Secretary of the Interior at each school in the Bureau 
of Indian Education school system as of October 1, 1995, except that the 
Secretary of the Interior may waive this prohibition to support 
expansion of up to one additional grade when the Secretary determines 
such waiver is needed to support accomplishment of the mission of the 
Bureau of Indian Education, or more than one grade to expand the 
elementary grade structure for Bureau-funded schools with a K-2 grade 
structure on October 1, 1996. Appropriations made available in this or 
any prior Act for schools funded by the Bureau shall be available, in 
accordance with the Bureau's funding formula, only to the schools in the 
Bureau school system as of September 1, 1996, and to any school or 
school program that was reinstated

[[Page 136 STAT. 364]]

in fiscal year 2012. <<NOTE: Charter schools. Reimbursement.>>  Funds 
made available under this Act may not be used to establish a charter 
school at a Bureau-funded school (as that term is defined in section 
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that 
a charter school that is in existence on the date of the enactment of 
this Act and that has operated at a Bureau-funded school before 
September 1, 1999, may continue to operate during that period, but only 
if the charter school pays to the Bureau a pro rata share of funds to 
reimburse the Bureau for the use of the real and personal property 
(including buses and vans), the funds of the charter school are kept 
separate and apart from Bureau funds, and the Bureau does not assume any 
obligation for charter school programs of the State in which the school 
is located if the charter school loses such funding. Employees of 
Bureau-funded schools sharing a campus with a charter school and 
performing functions related to the charter school's operation and 
employees of a charter school shall not be treated as Federal employees 
for purposes of chapter 171 of title 28, United States Code.

    Notwithstanding any other provision of law, including section 113 of 
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 
2004 a grantee received indirect and administrative costs pursuant to a 
distribution formula based on section 5(f) of Public Law 101-301, the 
Secretary shall continue to distribute indirect and administrative cost 
funds to such grantee using the section 5(f) distribution formula.
    Funds available <<NOTE: Waiver authority. Compliance.>>  under this 
Act may not be used to establish satellite locations of schools in the 
Bureau school system as of September 1, 1996, except that the Secretary 
may waive this prohibition in order for an Indian tribe to provide 
language and cultural immersion educational programs for non-public 
schools located within the jurisdictional area of the tribal government 
which exclusively serve tribal members, do not include grades beyond 
those currently served at the existing Bureau-funded school, provide an 
educational environment with educator presence and academic facilities 
comparable to the Bureau-funded school, comply with all applicable 
Tribal, Federal, or State health and safety standards, and the Americans 
with Disabilities Act, and demonstrate the benefits of establishing 
operations at a satellite location in lieu of incurring extraordinary 
costs, such as for transportation or other impacts to students such as 
those caused by busing students extended distances:  Provided, That no 
funds available under this Act may be used to fund operations, 
maintenance, rehabilitation, construction, or other facilities-related 
costs for such assets that are not owned by the Bureau:  Provided 
further, <<NOTE: Definition.>>  That the term ``satellite school'' means 
a school location physically separated from the existing Bureau school 
by more than 50 miles but that forms part of the existing school in all 
other respects.

    Funds made available for Tribal Priority Allocations within 
Operation of Indian Programs and Operation of Indian Education Programs 
may be used to execute requested adjustments in tribal priority 
allocations initiated by an Indian Tribe.

[[Page 136 STAT. 365]]

           Office of the Special Trustee for American Indians

                         federal trust programs

                      (including transfer of funds)

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$109,572,000, to remain available until expended, of which not to exceed 
$17,536,000 from this or any other Act, may be available for historical 
accounting:  Provided, That funds for trust management improvements and 
litigation support may, as needed, be transferred to or merged with the 
Bureau of Indian Affairs, ``Operation of Indian Programs'' and Bureau of 
Indian Education, ``Operation of Indian Education Programs'' accounts; 
the Office of the Solicitor, ``Salaries and Expenses'' account; and the 
Office of the Secretary, ``Departmental Operations'' account:  Provided 
further, That funds made available through contracts or grants obligated 
during fiscal year 2022, as authorized by the Indian Self-Determination 
Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until 
expended by the contractor or grantee:  Provided further, <<NOTE: Time 
period.>>  That notwithstanding any other provision of law, the 
Secretary shall not be required to provide a quarterly statement of 
performance for any Indian trust account that has not had activity for 
at least 15 months and has a balance of $15 or less:  Provided further, 
That the Secretary <<NOTE: Statement. Records.>>  shall issue an annual 
account statement and maintain a record of any such accounts and shall 
permit the balance in each such account to be withdrawn upon the express 
written request of the account holder:  Provided further, That not to 
exceed $100,000 is available for the Secretary to make payments to 
correct administrative errors of either disbursements from or deposits 
to Individual Indian Money or Tribal accounts after September 30, 2002:  
Provided further, That erroneous payments that are recovered shall be 
credited to and remain available in this account for this purpose:  
Provided further, That the Secretary shall not be required to reconcile 
Special Deposit Accounts with a balance of less than $500 unless the 
Office of the Special Trustee receives proof of ownership from a Special 
Deposit Accounts claimant:  Provided further, <<NOTE: Time period.>>  
That notwithstanding section 102 of the American Indian Trust Fund 
Management Reform Act of 1994 (Public Law 103-412) or any other 
provision of law, the Secretary may aggregate the trust accounts of 
individuals whose whereabouts are unknown for a continuous period of at 
least 5 years and shall not be required to generate periodic statements 
of performance for the individual accounts:  Provided 
further, <<NOTE: Records. Determination.>>  That with respect to the 
eighth proviso, the Secretary shall continue to maintain sufficient 
records to determine the balance of the individual accounts, including 
any accrued interest and income, and such funds shall remain available 
to the individual account holders.

[[Page 136 STAT. 366]]

                          DEPARTMENTAL OFFICES

                         Office of the Secretary

                         departmental operations

                      (including transfer of funds)

    For necessary expenses for management of the Department of the 
Interior and for grants and cooperative agreements, as authorized by 
law, $123,367,000, to remain available until September 30, 2023; of 
which not to exceed $15,000 may be for official reception and 
representation expenses; of which up to $1,000,000 shall be available 
for workers compensation payments and unemployment compensation payments 
associated with the orderly closure of the United States Bureau of 
Mines; and of which $12,341,000 for Indian land, mineral, and resource 
valuation activities shall remain available until expended:  Provided, 
That funds for Indian land, mineral, and resource valuation activities 
may, as needed, be transferred to and merged with the Bureau of Indian 
Affairs ``Operation of Indian Programs'' and Bureau of Indian Education 
``Operation of Indian Education Programs'' accounts and the Office of 
the Special Trustee ``Federal Trust Programs'' account:  Provided 
further, That funds made available through contracts or grants obligated 
during fiscal year 2022, as authorized by the Indian Self-Determination 
Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until 
expended by the contractor or grantee.

                        administrative provisions

    For fiscal year 2022, up to $400,000 of the payments authorized by 
chapter 69 of title 31, United States Code, may be retained for 
administrative expenses of the Payments in Lieu of Taxes Program:  
Provided, That the amounts provided under this Act specifically for the 
Payments in Lieu of Taxes program are the only amounts available for 
payments authorized under chapter 69 of title 31, United States Code:  
Provided further, <<NOTE: 31 USC 6903 note.>>  That in the event the 
sums appropriated for any fiscal year for payments pursuant to this 
chapter are insufficient to make the full payments authorized by that 
chapter to all units of local government, then the payment to each local 
government shall be made proportionally:  Provided further, That the 
Secretary may make adjustments to payment to individual units of local 
government to correct for prior overpayments or underpayments:  Provided 
further, That no payment shall be made pursuant to that chapter to 
otherwise eligible units of local government if the computed amount of 
the payment is less than $100.

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior and other jurisdictions 
identified in section 104(e) of Public Law 108-188, $113,477,000, of 
which: (1) $103,640,000 shall remain available until expended for 
territorial assistance, including general technical assistance, 
maintenance assistance, disaster assistance, coral reef initiative

[[Page 136 STAT. 367]]

and natural resources activities, and brown tree snake control and 
research; grants to the judiciary in American Samoa for compensation and 
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the 
Government of American Samoa, in addition to current local revenues, for 
construction and support of governmental functions; grants to the 
Government of the Virgin Islands, as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the Government 
of the Northern Mariana Islands, as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $9,837,000 shall be available until 
September 30, 2023, for salaries and expenses of the Office of Insular 
Affairs:  Provided, <<NOTE: 48 USC 1469b.>> That all financial 
transactions of the territorial and local governments herein provided 
for, including such transactions of all agencies or instrumentalities 
established or used by such governments, may be audited by the 
Government Accountability Office, at its discretion, in accordance with 
chapter 35 of title 31, United States Code:  Provided further, That 
Northern Mariana Islands Covenant grant funding shall be provided 
according to those terms of the Agreement of the Special Representatives 
on Future United States Financial Assistance for the Northern Mariana 
Islands approved by Public Law 104-134:  Provided 
further, <<NOTE: Determination.>>  That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's commitment to 
timely maintenance of its capital assets:  Provided further, That any 
appropriation for disaster assistance under this heading in this Act or 
previous appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant to section 
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170c).

                       compact of free association

    For grants and necessary expenses, $8,463,000, to remain available 
until expended, as provided for in sections 221(a)(2) and 233 of the 
Compact of Free Association for the Republic of Palau; and section 
221(a)(2) of the Compacts of Free Association for the Government of the 
Republic of the Marshall Islands and the Federated States of Micronesia, 
as authorized by Public Law 99-658 and Public Law 108-188:  Provided, 
That of the funds appropriated under this heading, $5,000,000 is for 
deposit into the Compact Trust Fund of the Republic of the Marshall 
Islands as compensation authorized by Public Law 108-188 for adverse 
financial and economic impacts.

                        Administrative Provisions

                      (including transfer of funds)

    At the request of the Governor of Guam, the Secretary may transfer 
discretionary funds or mandatory funds provided under section 104(e) of 
Public Law 108-188 and Public Law 104-134, that are allocated for Guam, 
to the Secretary of Agriculture for the subsidy cost of direct or 
guaranteed loans, plus not to exceed three percent of the amount of the 
subsidy transferred for the cost of loan administration, for the 
purposes authorized by the

[[Page 136 STAT. 368]]

Rural Electrification Act of 1936 and section 306(a)(1) of the 
Consolidated Farm and Rural Development Act for construction and repair 
projects in Guam, and such funds shall remain available until expended:  
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974:  Provided further, That such loans or loan guarantees may be made 
without regard to the population of the area, credit elsewhere 
requirements, and restrictions on the types of eligible entities under 
the Rural Electrification Act of 1936 and section 306(a)(1) of the 
Consolidated Farm and Rural Development Act:  Provided further, That any 
funds transferred to the Secretary of Agriculture shall be in addition 
to funds otherwise made available to make or guarantee loans under such 
authorities.

                         Office of the Solicitor

                          salaries and expenses

    For necessary expenses of the Office of the Solicitor, $94,998,000, 
to remain available until September 30, 2023.

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$62,132,000, to remain available until September 30, 2023.

                        Department-wide Programs

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for fire preparedness, fire suppression 
operations, fire science and research, emergency rehabilitation, fuels 
management activities, and rural fire assistance by the Department of 
the Interior, $1,026,097,000, to remain available until expended, of 
which not to exceed $18,427,000 shall be for the renovation or 
construction of fire facilities:  Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes:  Provided 
further, That of the funds provided $227,000,000 is for fuels management 
activities:  Provided further, That of the funds provided $22,470,000 is 
for burned area rehabilitation:  Provided further, That persons hired 
pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging 
without cost from funds available from this appropriation:  Provided 
further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau 
or office of the Department of the Interior for fire protection rendered 
pursuant to 42 U.S.C. 1856 et seq., protection of United States 
property, may be credited to the appropriation from which funds were 
expended to provide that protection, and are available without fiscal 
year limitation:  Provided further, <<NOTE: Contracts. Grants.>>  That 
using the amounts designated under this title of this Act, the Secretary 
of the Interior may enter into procurement contracts, grants, or 
cooperative agreements, for fuels management activities, and for 
training and monitoring associated with such fuels management activities 
on Federal

[[Page 136 STAT. 369]]

land, or on adjacent non-Federal land for activities that benefit 
resources on Federal land:  Provided further, That the costs of 
implementing any cooperative agreement between the Federal Government 
and any non-Federal entity may be shared, as mutually agreed on by the 
affected parties:  Provided further, That notwithstanding requirements 
of the Competition in Contracting Act, the Secretary, for purposes of 
fuels management activities, may obtain maximum practicable competition 
among: (1) local private, nonprofit, or cooperative entities; (2) Youth 
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or 
related partnerships with State, local, or nonprofit youth groups; (3) 
small or micro-businesses; or (4) other entities that will hire or train 
locally a significant percentage, defined as 50 percent or more, of the 
project workforce to complete such <<NOTE: Guidance.>> contracts:  
Provided further, That in implementing this section, the Secretary shall 
develop written guidance to field units to ensure accountability and 
consistent application of the authorities provided herein: 
<<NOTE: Reimbursement.>> Provided further, That funds appropriated under 
this heading may be used to reimburse the United States Fish and 
Wildlife Service and the National Marine Fisheries Service for the costs 
of carrying out their responsibilities under the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required 
by section 7 of such Act, in connection with wildland fire management 
activities:  Provided further, That the 
Secretary <<NOTE: Contracts. Real property. State and local 
governments.>> of the Interior may use wildland fire appropriations to 
enter into leases of real property with local governments, at or below 
fair market value, to construct capitalized improvements for fire 
facilities on such leased properties, including but not limited to fire 
guard stations, retardant stations, and other initial attack and fire 
support facilities, and to make advance payments for any such lease or 
for construction activity associated with the lease:  Provided further, 
That the Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $50,000,000 between the 
Departments when such transfers would facilitate and expedite wildland 
fire management programs and projects:  Provided further, That funds 
provided for wildfire suppression shall be available for support of 
Federal emergency response actions:  Provided further, That funds 
appropriated under this heading shall be available for assistance to or 
through the Department of State in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and, with the concurrence of the Secretary of State, shall be available 
to support forestry, wildland fire management, and related natural 
resource activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations:  
Provided further, That of the funds provided under this heading 
$383,657,000 shall be available for wildfire suppression operations, and 
is provided to meet the terms of section 4004(b)(5)(B) and section 
4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022.

[[Page 136 STAT. 370]]

              wildfire suppression operations reserve fund

                     (including transfers of funds)

    In addition to the amounts provided under the heading ``Department 
of the Interior--Department-Wide Programs--Wildland Fire Management'' 
for wildfire suppression operations, $330,000,000, to remain available 
until transferred, is additional new budget authority as specified for 
purposes of section 4004(b)(5) and section 4005(e) of S. Con. Res. 14 
(117th Congress), the concurrent resolution on the budget for fiscal 
year 2022:  Provided, That such amounts may be transferred to and merged 
with amounts made available under the headings ``Department of 
Agriculture--Forest Service--Wildland Fire Management'' and ``Department 
of the Interior--Department-Wide Programs--Wildland Fire Management'' 
for wildfire suppression operations in the fiscal year in which such 
amounts are transferred:  Provided 
further, <<NOTE: Notification. Deadline.>>  That amounts may be 
transferred to the ``Wildland Fire Management'' accounts in the 
Department of Agriculture or the Department of the Interior only upon 
the notification of the House and Senate Committees on Appropriations 
that all wildfire suppression operations funds appropriated under that 
heading in this and prior appropriations Acts to the agency to which the 
funds will be transferred will be obligated within 30 days:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided by law:  Provided 
further, <<NOTE: Determination. Deadline.>>  That, in determining 
whether all wildfire suppression operations funds appropriated under the 
heading ``Wildland Fire Management'' in this and prior appropriations 
Acts to either the Department of Agriculture or the Department of the 
Interior will be obligated within 30 days pursuant to the previous 
proviso, any funds transferred or permitted to be transferred pursuant 
to any other transfer authority provided by law shall be excluded.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the response action, including 
associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.), $10,036,000, to remain available until expended.

                 energy community revitalization program

                     (including transfers of funds)

    For necessary expenses of the Department of the Interior to 
inventory, assess, decommission, reclaim, respond to hazardous substance 
releases, remediate lands pursuant to section 40704 of Public Law 117-58 
(135 Stat. 1093), and carry out the purposes of section 349 of the 
Energy Policy Act of 2005 (42 U.S.C. 15907), as amended, $5,000,000, to 
remain available until expended:  Provided, That such amount shall be in 
addition to amounts otherwise available for such purposes:  Provided 
further, That amounts appropriated under this heading are available for 
program management and oversight of these activities:  Provided 
further, <<NOTE: Grants.>>  That the Secretary may transfer the funds 
provided under this heading in this Act

[[Page 136 STAT. 371]]

to any other account in the Department to carry out such purposes, and 
may expend such funds directly, or through grants:  Provided further, 
That these amounts are not available to fulfill Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.) obligations agreed to in settlement or imposed by a court, 
whether for payment of funds or for work to be performed.

           natural resource damage assessment and restoration

                 natural resource damage assessment fund

    To conduct natural resource damage assessment, restoration 
activities, and onshore oil spill preparedness by the Department of the 
Interior necessary to carry out the provisions of the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 
U.S.C. 100721 et seq., $7,933,000, to remain available until expended.

                          working capital fund

    For the operation and maintenance of a departmental financial and 
business management system, information technology improvements of 
general benefit to the Department, cybersecurity, and the consolidation 
of facilities and operations throughout the Department, $91,436,000, to 
remain available until expended:  Provided, That none <<NOTE: Advance 
approval.>>  of the funds appropriated in this Act or any other Act may 
be used to establish reserves in the Working Capital Fund account other 
than for accrued annual leave and depreciation of equipment without 
prior approval of the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That the Secretary of 
the Interior may assess reasonable charges to State, local, and tribal 
government employees for training services provided by the National 
Indian Program Training Center, other than training related to Public 
Law 93-638:  Provided further, That the Secretary <<NOTE: Contracts.>>  
may lease or otherwise provide space and related facilities, equipment, 
or professional services of the National Indian Program Training Center 
to State, local and tribal government employees or persons or 
organizations engaged in cultural, educational, or recreational 
activities (as defined in section 3306(a) of title 40, United States 
Code) at the prevailing rate for similar space, facilities, equipment, 
or services in the vicinity of the National Indian Program Training 
Center:  Provided further, That all funds received pursuant to the two 
preceding provisos shall be credited to this account, shall be available 
until expended, and shall be used by the Secretary for necessary 
expenses of the National Indian Program Training Center:  Provided 
further, <<NOTE: Grants. Contracts.>>  That the Secretary may enter into 
grants and cooperative agreements to support the Office of Natural 
Resource Revenue's collection and disbursement of royalties, fees, and 
other mineral revenue proceeds, as authorized by law.

                        administrative provision

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, aircraft which may

[[Page 136 STAT. 372]]

be obtained by donation, purchase, or through available excess surplus 
property:  Provided, That existing aircraft being replaced may be sold, 
with proceeds derived or trade-in value used to offset the purchase 
price for the replacement aircraft.

                   office of natural resources revenue

    For necessary expenses for management of the collection and 
disbursement of royalties, fees, and other mineral revenue proceeds, and 
for grants and cooperative agreements, as authorized by law, 
$169,640,000, to remain available until September 30, 2023; of which 
$68,151,000 shall remain available until expended for the purpose of 
mineral revenue management activities:  Provided, That notwithstanding 
any other provision of law, $15,000 shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Secretary of the Interior concurred with the claimed refund due, to pay 
amounts owed to Indian allottees or tribes, or to correct prior 
unrecoverable erroneous payments.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

    Sec. 101.  Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary of the Interior, for the emergency 
reconstruction, replacement, or repair of aircraft, buildings, 
utilities, or other facilities or equipment damaged or destroyed by 
fire, flood, storm, or other unavoidable causes:  Provided, That no 
funds shall be made available under this authority until funds 
specifically made available to the Department of the Interior for 
emergencies shall have been exhausted:  Provided further, That all funds 
used pursuant to this section must be replenished by a supplemental 
appropriation, which must be requested as promptly as possible.

              emergency transfer authority--department-wide

    Sec. 102.  The Secretary of the Interior may authorize the 
expenditure or transfer of any no year appropriation in this title, in 
addition to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland fires 
on or threatening lands under the jurisdiction of the Department of the 
Interior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for 
contingency planning subsequent to actual oil spills; for response and 
natural resource damage assessment activities related to actual oil 
spills or releases of hazardous substances into the environment; for the 
prevention, suppression, and control of actual or potential grasshopper 
and Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 417(b) of Public Law 
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of

[[Page 136 STAT. 373]]

regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act:  Provided, That 
appropriations <<NOTE: Reimbursement.>>  made in this title for wildland 
fire operations shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reimbursement to 
other Federal agencies for destruction of vehicles, aircraft, or other 
equipment in connection with their use for wildland fire operations, 
with such reimbursement to be credited to appropriations currently 
available at the time of receipt thereof:  Provided 
further, <<NOTE: Determination. Deadline.>>  That for wildland fire 
operations, no funds shall be made available under this authority until 
the Secretary determines that funds appropriated for ``wildland fire 
suppression'' shall be exhausted within 30 days:  Provided further, That 
all funds used pursuant to this section must be replenished by a 
supplemental appropriation, which must be requested as promptly as 
possible:  Provided <<NOTE: Reimbursement.>> further, That such 
replenishment funds shall be used to reimburse, on a pro rata basis, 
accounts from which emergency funds were transferred.

                         authorized use of funds

    Sec. 103.  Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by section 3109 
of title 5, United States Code, when authorized by the Secretary of the 
Interior, in total amount not to exceed $500,000; purchase and 
replacement of motor vehicles, including specially equipped law 
enforcement vehicles; hire, maintenance, and operation of aircraft; hire 
of passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.

            authorized use of funds, indian trust management

    Sec. 104.  Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Bureau of Indian Education, and Office of the 
Special Trustee for American Indians and any unobligated balances from 
prior appropriations Acts made under the same headings shall be 
available for expenditure or transfer for Indian trust management and 
reform activities. Total funding for historical accounting activities 
shall not exceed amounts specifically designated in this Act for such 
purpose. <<NOTE: Notification. Deadline.>>  The Secretary shall notify 
the House and Senate Committees on Appropriations within 60 days of the 
expenditure or transfer of any funds under this section, including the 
amount expended or transferred and how the funds will be used.

            redistribution of funds, bureau of indian affairs

    Sec. 105.  Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in

[[Page 136 STAT. 374]]

fiscal year 2022. Under circumstances of dual enrollment, overlapping 
service areas or inaccurate distribution methodologies, the 10 percent 
limitation does not apply.

                  ellis, governors, and liberty islands

    Sec. 106.  <<NOTE: New York. New Jersey. Contracts.>>  
Notwithstanding any other provision of law, the Secretary of the 
Interior is authorized to acquire lands, waters, or interests therein, 
including the use of all or part of any pier, dock, or landing within 
the State of New York and the State of New Jersey, for the purpose of 
operating and maintaining facilities in the support of transportation 
and accommodation of visitors to Ellis, Governors, and Liberty Islands, 
and of other program and administrative activities, by donation or with 
appropriated funds, including franchise fees (and other monetary 
consideration), or by exchange; and the Secretary is authorized to 
negotiate and enter into leases, subleases, concession contracts, or 
other agreements for the use of such facilities on such terms and 
conditions as the Secretary may determine reasonable.

                 outer continental shelf inspection fees

    Sec. 107. (a) In fiscal year 2022, the Secretary of the Interior 
shall collect a nonrefundable inspection fee, which shall be deposited 
in the ``Offshore Safety and Environmental Enforcement'' account, from 
the designated operator for facilities subject to inspection under 43 
U.S.C. 1348(c).
    (b) Annual fees shall be collected for facilities that are above the 
waterline, excluding drilling rigs, and are in place at the start of the 
fiscal year. Fees for fiscal year 2022 shall be--
            (1) $10,500 for facilities with no wells, but with 
        processing equipment or gathering lines;
            (2) $17,000 for facilities with 1 to 10 wells, with any 
        combination of active or inactive wells; and
            (3) $31,500 for facilities with more than 10 wells, with any 
        combination of active or inactive wells.

    (c) Fees for drilling rigs shall be assessed for all inspections 
completed in fiscal year 2022. Fees for fiscal year 2022 shall be--
            (1) $30,500 per inspection for rigs operating in water 
        depths of 500 feet or more; and
            (2) $16,700 per inspection for rigs operating in water 
        depths of less than 500 feet.

    (d) Fees for inspection of well operations conducted via non-rig 
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be 
assessed for all inspections completed in fiscal year 2022. Fees for 
fiscal year 2022 shall be--
            (1) $13,260 per inspection for non-rig units operating in 
        water depths of 2,500 feet or more;
            (2) $11,530 per inspection for non-rig units operating in 
        water depths between 500 and 2,499 feet; and
            (3) $4,470 per inspection for non-rig units operating in 
        water depths of less than 500 feet.

    (e) <<NOTE: Time period. Deadlines.>>  The Secretary shall bill 
designated operators under subsection (b) quarterly, with payment 
required within 30 days of billing. The Secretary shall bill designated 
operators under subsection (c) within 30 days of the end of the month in 
which the inspection occurred, with payment required within 30 days of

[[Page 136 STAT. 375]]

billing. The Secretary shall bill designated operators under subsection 
(d) with payment required by the end of the following quarter.

  contracts and agreements for wild horse and burro holding facilities

    Sec. 108.  <<NOTE: 16 USC 1336 note.>>  Notwithstanding any other 
provision of this Act, the Secretary of the Interior may enter into 
multiyear cooperative agreements with nonprofit organizations and other 
appropriate entities, and may enter into multiyear contracts in 
accordance with the provisions of section 3903 of title 41, United 
States Code (except that the 5-year term restriction in subsection (a) 
shall not apply), for the long-term care and maintenance of excess wild 
free roaming horses and burros by such organizations or entities on 
private land. <<NOTE: Time period.>>  Such cooperative agreements and 
contracts may not exceed 10 years, subject to renewal at the discretion 
of the Secretary.

                        mass marking of salmonids

    Sec. 109.  The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from federally operated 
or federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.

              contracts and agreements with indian affairs

    Sec. 110.  Notwithstanding any other provision of law, during fiscal 
year 2022, in carrying out work involving cooperation with State, local, 
and tribal governments or any political subdivision thereof, Indian 
Affairs may record obligations against accounts receivable from any such 
entities, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year.

         department of the interior experienced services program

    Sec. 111. <<NOTE: Grants. Contracts.>>  (a) Notwithstanding any 
other provision of law relating to Federal grants and cooperative 
agreements, the Secretary of the Interior is authorized to make grants 
to, or enter into cooperative agreements with, private nonprofit 
organizations designated by the Secretary of Labor under title V of the 
Older Americans Act of 1965 to utilize the talents of older Americans in 
programs authorized by other provisions of law administered by the 
Secretary and consistent with such provisions of law.

    (b) Prior to awarding any grant or agreement under subsection (a), 
the Secretary shall ensure that the agreement would not--
            (1) result in the displacement of individuals currently 
        employed by the Department, including partial displacement 
        through reduction of non-overtime hours, wages, or employment 
        benefits;
            (2) result in the use of an individual under the Department 
        of the Interior Experienced Services Program for a job or 
        function in a case in which a Federal employee is in a layoff

[[Page 136 STAT. 376]]

        status from the same or substantially equivalent job within the 
        Department; or
            (3) affect existing contracts for services.

                           obligation of funds

    Sec. 112.  <<NOTE: Deadline.>>  Amounts appropriated by this Act to 
the Department of the Interior shall be available for obligation and 
expenditure not later than 60 days after the date of enactment of this 
Act.

                         separation of accounts

    Sec. 113.  The Secretary of the Interior, in order to implement an 
orderly transition to separate accounts of the Bureau of Indian Affairs 
and the Bureau of Indian Education, may transfer funds among and between 
the successor offices and bureaus affected by the reorganization only in 
conformance with the reprogramming guidelines described in this Act.

                    payments in lieu of taxes (pilt)

    Sec. 114.  <<NOTE: Applicability. 31 USC 6906 note.>>  Section 6906 
of title 31, United States Code, shall be applied by substituting 
``fiscal year 2022'' for ``fiscal year 2019''.

         disclosure of departure or alternate procedure approval

    Sec. 115. <<NOTE: Web posting. Public information. Deadline.>>  (a) 
Subject to subsection (b), in any case in which the Bureau of Safety and 
Environmental Enforcement or the Bureau of Ocean Energy Management 
prescribes or approves any departure or use of alternate procedure or 
equipment, in regards to a plan or permit, under 30 CFR 585.103; 30 CFR 
550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the head of 
such bureau shall post a description of such departure or alternate 
procedure or equipment use approval on such bureau's publicly available 
website not more than 15 business days after such issuance.

    (b) The head of each bureau may exclude confidential business 
information.

                           long bridge project

    Sec. 116. <<NOTE: Virginia. District of Columbia.>>  (a) 
Authorization of Conveyance.--On request by the State of Virginia or the 
District of Columbia for the purpose of the construction of rail and 
other infrastructure relating to the Long Bridge Project, the Secretary 
of the Interior may convey to the State or the District of Columbia, as 
applicable, all right, title, and interest of the United States in and 
to any portion of the approximately 4.4 acres of National Park Service 
land depicted as ``Permanent Impact to NPS Land'' on the Map dated May 
15, 2020, that is identified by the State or the District of Columbia.

    (b) Terms and Conditions.--Such conveyance of the National Park 
Service land under subsection (a) shall be subject to any terms and 
conditions that the Secretary may require. If such conveyed land is no 
longer being used for the purposes specified in this section, the lands 
or interests therein shall revert to the National Park Service after 
they have been restored or remediated to the satisfaction of the 
Secretary.

[[Page 136 STAT. 377]]

    (c) Corrections.--The Secretary and the State or the District of 
Columbia, as applicable, by mutual agreement, may--
            (1) make minor boundary adjustments to the National Park 
        Service land to be conveyed to the State or the District of 
        Columbia under subsection (a); and
            (2) correct any minor errors in the Map referred to in 
        subsection (a).

    (d) Definitions.--For purposes of this section:
            (1) Long bridge project.--The term ``Long Bridge Project'' 
        means the rail project, as identified by the Federal Railroad 
        Administration, from Rosslyn (RO) Interlocking in Arlington, 
        Virginia, to L'Enfant (LE) Interlocking in Washington, DC, which 
        includes a bicycle and pedestrian bridge.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.
            (3) State.--The term ``State'' means the State of Virginia.

                         interagency motor pool

    Sec. 117.  Notwithstanding any other provision of law or Federal 
regulation, federally recognized Indian tribes or authorized tribal 
organizations that receive Tribally-Controlled School Grants pursuant to 
Public Law 100-297 may obtain interagency motor vehicles and related 
services for performance of any activities carried out under such grants 
to the same extent as if they were contracting under the Indian Self-
Determination and Education Assistance Act.

                      delaware water gap authority

    Sec. 118.  <<NOTE: Applicability.>>  Section 4(b) of The Delaware 
Water Gap National Recreation Area Improvement Act, as amended by 
section 1 of Public Law 115-101, shall be applied by substituting 
``2022'' for ``2021''.

                  national heritage areas and corridors

    Sec. 119. (a) Section 126 of Public Law 98-398, as amended (98 Stat. 
1456; 120 Stat. 1853), <<NOTE: 54 USC 320101 note.>>  is further amended 
by striking ``the date that is 15 years after the date of enactment of 
this section'' and inserting ``2023''.

    (b) Section 10 of Public Law 99-647, as amended (100 Stat. 3630; 104 
Stat. 1018; 120 Stat. 1858; 128 Stat. 3804), <<NOTE: 54 USC 320101 
note.>>  is further amended by striking ``2021'' and inserting ``2023''.

    (c) Section 12 of Public Law 100-692, as amended (102 Stat. 4558; 
112 Stat. 3258; 123 Stat. 1292; 127 Stat. 420; 128 Stat. 314; 128 Stat. 
3801), <<NOTE: 54 USC 320101 note.>>  is further amended--
            (1) in subsection (c)(1), by striking ``2021'' and inserting 
        ``2023''; and
            (2) in subsection (d), by striking ``2021'' and inserting 
        ``2023''.

    (d) Section 106(b) of Public Law 103-449, as amended (108 Stat. 
4755; 113 Stat. 1726; 123 Stat. 1291; 128 Stat. 3802), <<NOTE: 54 USC 
320101 note.>>  is further amended by striking ``2021'' and inserting 
``2023''.

    (e) Division II of Public Law 104-333 (54 U.S.C. 320101 note), as 
amended, is further amended by striking ``2021'' each place it appears 
in the following sections and inserting ``2023''--

[[Page 136 STAT. 378]]

            (1) in section 107 (110 Stat. 4244; 127 Stat. 420; 128 Stat. 
        314; 128 Stat. 3801);
            (2) in section 408 (110 Stat. 4256; 127 Stat. 420; 128 Stat. 
        314; 128 Stat. 3801);
            (3) in section 507 (110 Stat. 4260; 127 Stat. 420; 128 Stat. 
        314; 128 Stat. 3801);
            (4) in section 707 (110 Stat. 4267; 127 Stat. 420; 128 Stat. 
        314; 128 Stat. 3801);
            (5) in section 809 (110 Stat. 4275; 122 Stat. 826; 127 Stat. 
        420; 128 Stat. 314; 128 Stat. 3801);
            (6) in section 910 (110 Stat. 4281; 127 Stat. 420; 128 Stat. 
        314; 128 Stat. 3801);
            (7) in section 310 (110 Stat. 4252; 127 Stat. 420; 128 Stat. 
        314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778);
            (8) in section 607 (110 Stat. 4264; 127 Stat. 420; 128 Stat. 
        314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778-779); and
            (9) in section 208 (110 Stat. 4248; 127 Stat. 420; 128 Stat. 
        314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778).

    (f) Section 109 of Public Law 105-355, as amended (112 Stat. 3252; 
128 Stat. 3802), <<NOTE: 54 USC 320101 note.>>  is further amended by 
striking ``2021'' and inserting ``2023''.

    (g) Public Law 106-278 (54 U.S.C. 320101 note), as amended, is 
further amended--
            (1) in section 108 (114 Stat. 818; 127 Stat. 420; 128 Stat. 
        314; 128 Stat. 3802) by striking ``2021'' and inserting 
        ``2023''.
            (2) in section 209 (114 Stat. 824; 128 Stat. 3802) by 
        striking ``2021'' and inserting ``2023''.

    (h) Section 157(i) of Public Law 106-291, as amended (114 Stat. 967; 
128 Stat. 3802), <<NOTE: 54 USC 320101 note.>>  is further amended by 
striking ``2021'' and inserting ``2023''.

    (i) Section 7 of Public Law 106-319, as amended (114 Stat. 1284; 128 
Stat. 3802), <<NOTE: 54 USC 320101 note.>>  is further amended by 
striking ``2021'' and inserting ``2023''.

    (j) Section 811 of title VIII of appendix D of Public Law 106-554, 
as amended (114 Stat. 2763, 2763A-295; 128 Stat. 3802), is <<NOTE: 54 
USC 320101 note.>>  further amended by striking ``2021'' and inserting 
``2023''.

    (k) Section 140(j) of Public Law 108-108, as amended (117 Stat. 
1274; 131 Stat. 461; 132 Stat. 661; 133 Stat. 778), <<NOTE: 54 USC 
320101 note.>>  is further amended by striking ``2021'' and inserting 
``2023''.

    (l) Title II of Public Law 109-338 (54 U.S.C. 320101 note; 120 Stat. 
1787-1845), as amended, is further amended--
            (1) in each of sections 208, 221, 240, 260, 269, 289, 291J, 
        295L and 297H by striking ``the date that is 15 years after the 
        date of enactment of this Act'' and inserting ``September 30, 
        2023''; and
            (2) in section 280B by striking ``the day occurring 15 years 
        after the date of the enactment of this subtitle'' and inserting 
        ``September 30, 2023''.

    (m) Section 810(a)(1) of title VIII of division B of appendix D of 
Public Law 106-554, as amended (114 Stat. 2763; 123 Stat. 1295; 131 
Stat. 461; 133 Stat. 2714), <<NOTE: 54 USC 320101 note.>>  is further 
amended by striking ``$14,000,000'' and inserting ``$16,000,000''.

    (n) Section 125(a) of title IV of Public Law 109-338 (120 Stat. 
1853) <<NOTE: 54 USC 320101 note.>>  is amended by striking 
``$10,000,000'' and inserting ``$12,000,000''.

[[Page 136 STAT. 379]]

    (o) Section 210(a) of title II of Public Law 106-278 (114 Stat. 
824) <<NOTE: 54 USC 320101 note.>>  is amended by striking 
``$10,000,000'' and inserting ``$12,000,000''.

    (p) Section 804(j) of division B of H.R. 5666 (Appendix D) as 
enacted into law by section 1(a)(4) of Public Law 106-554, as amended 
(54 U.S.C. 320101 note; 114 Stat. 2763, 2763A-295; 123 Stat. 1294; 128 
Stat. 3802; 131 Stat. 461; 133 Stat. 2714), is further <<NOTE: 54 USC 
320101 note.>>  amended by striking ``September 30, 2021'' and inserting 
``September 30, 2037''.

    (q) Section 295D(d) of Public Law 109-338, as amended (54 U.S.C. 
320101 note; 120 Stat. 1833; 130 Stat. 962), <<NOTE: 54 USC 320101 
note.>>  is further amended by striking ``15 years after the date of 
enactment of this Act'' and inserting ``on September 30, 2037''.

  study for <<NOTE: Alabama.>>  selma to montgomery national historic 
trail

    Sec. 120. (a) Study.--The Secretary of the Interior (Secretary) 
shall conduct a study to evaluate--
            (1) resources associated with the 1965 Voting Rights March 
        from Selma to Montgomery not currently part of the Selma to 
        Montgomery National Historic Trail (Trail) (16 U.S.C. 
        1244(a)(20)) that would be appropriate for addition to the 
        Trail; and
            (2) the potential designation of the Trail as a unit of the 
        National Park System instead of, or in addition to, remaining a 
        designated part of the National Trails System.

    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit to the House and Senate Committees 
on Appropriations, the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of the 
Senate a report that describes the results of the study and the 
conclusions and recommendations of the study.
    (c) Land Acquisition.--The Secretary is authorized, subject to the 
availability of appropriations and at her discretion, to acquire 
property or interests therein located in the city of Selma, Alabama and 
generally depicted on the map entitled, ``Selma to Montgomery NHT 
Proposed Addition,'' numbered 628/177376 and dated September 14, 2021, 
with the consent of the owner, for the benefit of the Selma to 
Montgomery National Historic Trail and to further the purpose for which 
the trail has been established.

                   exhaustion of administrative review

    Sec. 121.  Paragraph (1) of section 122(a) of division E of Public 
Law 112-74 (125 Stat. 1013) is amended by striking ``through 2022,'' in 
the first sentence and inserting ``through 2024.''.

                         appraiser pay authority

    Sec. 122.  For fiscal year 2022, funds made available in this or any 
other Act or otherwise made available to the Department of the Interior 
for the Appraisal and Valuation Services Office may be used by the 
Secretary of the Interior to establish higher minimum rates of basic pay 
for employees of the Department of the Interior in the Appraiser (GS-
1171) job series at grades 11 through 15 carrying out appraisals of real 
property and appraisal reviews conducted in support of the Department's 
realty programs

[[Page 136 STAT. 380]]

at rates no greater than 15 percent above the minimum rates of basic pay 
normally scheduled, and such higher rates shall be consistent with 
subsections (e) through (h) of section 5305 of title 5, United States 
Code.

                               sage-grouse

    Sec. 123.  None of the funds made available by this or any other Act 
may be used by the Secretary of the Interior to write or issue pursuant 
to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
            (1) a proposed rule for greater sage-grouse (Centrocercus 
        urophasianus);
            (2) a proposed rule for the Columbia basin distinct 
        population segment of greater sage-grouse.

                                TITLE II

                     ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980; necessary expenses for personnel and related 
costs and travel expenses; procurement of laboratory equipment and 
supplies; hire, maintenance, and operation of aircraft; and other 
operating expenses in support of research and development, $750,174,000, 
to remain available until September 30, 2023:  Provided, That of the 
funds included under this heading, $11,430,000 shall be for Research: 
National Priorities as specified in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act), of which $2,930,000 shall be for projects specified for Science 
and Technology in the table titled ``Interior and Environment 
Incorporation of Community Project Funding Items/Congressionally 
Directed Spending Items'' included for this division in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).

                  Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses not otherwise provided for, for personnel and related costs and 
travel expenses; hire of passenger motor vehicles; hire, maintenance, 
and operation of aircraft; purchase of reprints; library memberships in 
societies or associations which issue publications to members only or at 
a price to members lower than to subscribers who are not members; 
administrative costs of the brownfields program under the Small Business 
Liability Relief and Brownfields Revitalization Act of 2002; 
implementation of a coal combustion residual permit program under 
section 2301 of the Water and Waste Act of 2016; and not to exceed 
$9,000 for official reception and representation expenses, 
$2,964,025,000, to remain available until September 30, 2023:  Provided, 
That of the funds included under this heading, $25,700,000 shall be for 
Environmental

[[Page 136 STAT. 381]]

Protection: National Priorities as specified in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, That of the funds included 
under this heading, $587,192,000 shall be for Geographic Programs 
specified in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, That funds included under this heading may be used for 
environmental justice implementation and training grants, and associated 
program support costs.
    In addition, $9,000,000 to remain available until expended, for 
necessary expenses of activities described in section 26(b)(1) of the 
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)):  Provided, That 
fees collected pursuant to that section of that Act and deposited in the 
``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal 
year 2022 shall be retained and used for necessary salaries and expenses 
in this appropriation and shall remain available until expended:  
Provided further, That the sum herein appropriated in this paragraph 
from the general fund for fiscal year 2022 shall be reduced by the 
amount of discretionary offsetting receipts received during fiscal year 
2022, so as to result in a final fiscal year 2022 appropriation from the 
general fund estimated at not more than $0:  Provided further, That to 
the extent that amounts realized from such receipts exceed $9,000,000, 
those amount in excess of $9,000,000 shall be deposited in the ``TSCA 
Service Fee Fund'' as discretionary offsetting receipts in fiscal year 
2022, shall be retained and used for necessary salaries and expenses in 
this account, and shall remain available until expended:  Provided 
further, <<NOTE: Allocation.>>  That of the funds included in the first 
paragraph under this heading, the Chemical Risk Review and Reduction 
program project shall be allocated for this fiscal year, excluding the 
amount of any fees appropriated, not less than the amount of 
appropriations for that program project for fiscal year 2014.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$44,030,000, to remain available until September 30, 2023.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $34,752,000, to remain available until 
expended.

                      Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), including 
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and 
hire, maintenance, and operation of aircraft, $1,232,850,000, to remain 
available until expended, consisting of such sums as are available in 
the Trust Fund on September 30, 2021, and not otherwise appropriated 
from the Trust Fund, as authorized by section 517(a) of the Superfund 
Amendments and

[[Page 136 STAT. 382]]

Reauthorization Act of 1986 (SARA) and up to $1,232,850,000 as a payment 
from general revenues to the Hazardous Substance Superfund for purposes 
as authorized by section 517(b) of SARA:  
Provided, <<NOTE: Allocations.>>  That funds appropriated under this 
heading may be allocated to other Federal agencies in accordance with 
section 111(a) of CERCLA:  Provided further, That of the funds 
appropriated under this heading, $11,800,000 shall be paid to the 
``Office of Inspector General'' appropriation to remain available until 
September 30, 2023, and $30,985,000 shall be paid to the ``Science and 
Technology'' appropriation to remain available until September 30, 2023.

           Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage tank 
cleanup activities authorized by subtitle I of the Solid Waste Disposal 
Act, $92,293,000, to remain available until expended, of which 
$66,924,000 shall be for carrying out leaking underground storage tank 
cleanup activities authorized by section 9003(h) of the Solid Waste 
Disposal Act; $25,369,000 shall be for carrying out the other provisions 
of the Solid Waste Disposal Act specified in section 9508(c) of the 
Internal Revenue Code:  Provided, That the Administrator is authorized 
to use appropriations made available under this heading to implement 
section 9013 of the Solid Waste Disposal Act to provide financial 
assistance to federally recognized Indian tribes for the development and 
implementation of programs to manage underground storage tanks.

                        Inland Oil Spill Programs

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, including 
hire, maintenance, and operation of aircraft, $20,262,000, to be derived 
from the Oil Spill Liability trust fund, to remain available until 
expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $4,351,573,000, to remain available until expended, 
of which--
            (1) $1,638,826,000 shall be for making capitalization grants 
        for the Clean Water State Revolving Funds under title VI of the 
        Federal Water Pollution Control Act; and of which $1,126,088,000 
        shall be for making capitalization grants for the Drinking Water 
        State Revolving Funds under section 1452 of the Safe Drinking 
        Water Act:  Provided, That $443,639,051 of the funds made 
        available for capitalization grants for the Clean Water State 
        Revolving Funds and $397,766,044 of the funds made available for 
        capitalization grants for the Drinking Water State Revolving 
        Funds shall be for the construction of drinking water, 
        wastewater, and storm water infrastructure and for water quality 
        protection in accordance with the terms and conditions specified 
        for such grants in the explanatory statement described in 
        section 4 (in the matter preceding division A of this 
        consolidated Act) for projects specified for ``STAG--Drinking 
        Water SRF'', ``STAG--Clean Water SRF'', and ``STAG--Drinking 
        Water SRF; Clean Water SRF'' in the

[[Page 136 STAT. 383]]

        table titled ``Interior and Environment Incorporation of 
        Community Project Funding Items/Congressionally Directed 
        Spending Items'' included for this division in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act), and, for purposes of these 
        grants, each grantee shall contribute not less than 20 percent 
        of the cost of the project unless the grantee is approved for a 
        waiver by the Agency:  Provided further, That for fiscal year 
        2022, to the extent there are sufficient eligible project 
        applications and projects are consistent with State Intended Use 
        Plans, not less than 10 percent of the funds made available 
        under this title to each State for Clean Water State Revolving 
        Fund capitalization grants shall be used by the State for 
        projects to address green infrastructure, water or energy 
        efficiency improvements, or other environmentally innovative 
        activities:  Provided further, That for fiscal year 2022, funds 
        made available under this title to each State for Drinking Water 
        State Revolving Fund capitalization grants may, at the 
        discretion of each State, be used for projects to address green 
        infrastructure, water or energy efficiency improvements, or 
        other environmentally innovative activities:  Provided further, 
        That the Administrator is authorized to use up to $1,500,000 of 
        funds made available for the Clean Water State Revolving Funds 
        under this heading under Title VI of the Federal Water Pollution 
        Control Act (33 U.S.C. 1381) to conduct the Clean Watersheds 
        Needs Survey:  Provided further, That notwithstanding section 
        603(d)(7) of the Federal Water Pollution Control Act, the 
        limitation on the amounts in a State water pollution control 
        revolving fund that may be used by a State to administer the 
        fund shall not apply to amounts included as principal in loans 
        made by such fund in fiscal year 2022 and prior years where such 
        amounts represent costs of administering the fund to the extent 
        that such amounts are or were deemed reasonable by the 
        Administrator, accounted for separately from other assets in the 
        fund, and used for eligible purposes of the fund, including 
        administration:  Provided <<NOTE: Territories. District of 
        Columbia.>> further, That for fiscal year 2022, notwithstanding 
        the provisions of subsections (g)(1), (h), and (l) of section 
        201 of the Federal Water Pollution Control Act, grants made 
        under title II of such Act for American Samoa, Guam, the 
        Commonwealth of the Northern Marianas, the United States Virgin 
        Islands, and the District of Columbia may also be made for the 
        purpose of providing assistance: (1) solely for facility plans, 
        design activities, or plans, specifications, and estimates for 
        any proposed project for the construction of treatment works; 
        and (2) for the construction, repair, or replacement of 
        privately owned treatment works serving one or more principal 
        residences or small commercial establishments:  Provided 
        further, That for fiscal year 2022, notwithstanding the 
        provisions of such subsections (g)(1), (h), and (l) of section 
        201 and section 518(c) of the Federal Water Pollution Control 
        Act, funds reserved by the Administrator for grants under 
        section 518(c) of the Federal Water Pollution Control Act may 
        also be used to provide assistance: (1) solely for facility 
        plans, design activities, or plans, specifications, and 
        estimates for any proposed project for the construction of 
        treatment works; and (2) for the construction, repair, or 
        replacement

[[Page 136 STAT. 384]]

        of privately owned treatment works serving one or more principal 
        residences or small commercial establishments:  Provided 
        further, That for fiscal year 2022, notwithstanding any 
        provision of the Federal Water Pollution Control Act and 
        regulations issued pursuant thereof, up to a total of $2,000,000 
        of the funds reserved by the Administrator for grants under 
        section 518(c) of such Act may also be used for grants for 
        training, technical assistance, and educational programs 
        relating to the operation and management of the treatment works 
        specified in section 518(c) of such 
        Act: <<NOTE: Oklahoma. Determination.>>   Provided further, That 
        for fiscal year 2022, funds reserved under section 518(c) of 
        such Act shall be available for grants only to Indian tribes, as 
        defined in section 518(h) of such Act and former Indian 
        reservations in Oklahoma (as determined by the Secretary of the 
        Interior) and Native Villages as defined in Public Law 92-203:  
        Provided further, That for fiscal year 2022, notwithstanding the 
        limitation on amounts in section 518(c) of the Federal Water 
        Pollution Control Act, up to a total of 2 percent of the funds 
        appropriated, or $30,000,000, whichever is greater, and 
        notwithstanding the limitation on amounts in section 1452(i) of 
        the Safe Drinking Water Act, up to a total of 2 percent of the 
        funds appropriated, or $20,000,000, whichever is greater, for 
        State Revolving Funds under such Acts may be reserved by the 
        Administrator for grants under section 518(c) and section 
        1452(i) of such Acts:  Provided further, That for 
        fiscal <<NOTE: Territories.>>  year 2022, notwithstanding the 
        amounts specified in section 205(c) of the Federal Water 
        Pollution Control Act, up to 1.5 percent of the aggregate funds 
        appropriated for the Clean Water State Revolving Fund program 
        under the Act less any sums reserved under section 518(c) of the 
        Act, may be reserved by the Administrator for grants made under 
        title II of the Federal Water Pollution Control Act for American 
        Samoa, Guam, the Commonwealth of the Northern Marianas, and 
        United States Virgin Islands:  Provided further, That for fiscal 
        year 2022, notwithstanding the limitations on amounts specified 
        in section 1452(j) of the Safe Drinking Water Act, up to 1.5 
        percent of the funds appropriated for the Drinking Water State 
        Revolving Fund programs under the Safe Drinking Water Act may be 
        reserved by the Administrator for grants made under section 
        1452(j) of the Safe Drinking Water Act:  Provided 
        further, <<NOTE: Determination.>>  That 10 percent of the funds 
        made available under this title to each State for Clean Water 
        State Revolving Fund capitalization grants and 14 percent of the 
        funds made available under this title to each State for Drinking 
        Water State Revolving Fund capitalization grants shall be used 
        by the State to provide additional subsidy to eligible 
        recipients in the form of forgiveness of principal, negative 
        interest loans, or grants (or any combination of these), and 
        shall be so used by the State only where such funds are provided 
        as initial financing for an eligible recipient or to buy, 
        refinance, or restructure the debt obligations of eligible 
        recipients only where such debt was incurred on or after the 
        date of enactment of this Act, or where such debt was incurred 
        prior to the date of enactment of this Act if the State, with 
        concurrence from the Administrator, determines that such funds 
        could be used to help address a threat to public health from 
        heightened exposure to lead in drinking water or if a Federal or 
        State emergency declaration has been

[[Page 136 STAT. 385]]

        issued due to a threat to public health from heightened exposure 
        to lead in a municipal drinking water supply before the date of 
        enactment of this Act:  Provided further, That in a State in 
        which such an emergency declaration has been issued, the State 
        may use more than 14 percent of the funds made available under 
        this title to the State for Drinking Water State Revolving Fund 
        capitalization grants to provide additional subsidy to eligible 
        recipients:  Provided further, That notwithstanding section 
        1452(o) of the Safe Drinking Water Act (42 U.S.C. 300j-12(o)), 
        the Administrator shall reserve $12,000,000 of the amounts made 
        available for fiscal year 2022 for making capitalization grants 
        for the Drinking Water State Revolving Funds to pay the costs of 
        monitoring for unregulated contaminants under section 
        1445(a)(2)(C) of such Act;
            (2) <<NOTE: Consultation.>>  $32,000,000 shall be for 
        architectural, engineering, planning, design, construction and 
        related activities in connection with the construction of high 
        priority water and wastewater facilities in the area of the 
        United States-Mexico Border, after consultation with the 
        appropriate border commission:  Provided, That no funds provided 
        by this appropriations Act to address the water, wastewater and 
        other critical infrastructure needs of the colonias in the 
        United States along the United States-Mexico border shall be 
        made available to a county or municipal government unless that 
        government has established an enforceable local ordinance, or 
        other zoning rule, which prevents in that jurisdiction the 
        development or construction of any additional colonia areas, or 
        the development within an existing colonia the construction of 
        any new home, business, or other structure which lacks water, 
        wastewater, or other necessary infrastructure;
            (3) $39,186,000 shall be for grants to the State of Alaska 
        to address drinking water and wastewater infrastructure needs of 
        rural and Alaska Native Villages:  Provided, <<NOTE: Alaska.>>  
        That of these funds: (A) the State of Alaska shall provide a 
        match of 25 percent; (B) no more than 5 percent of the funds may 
        be used for administrative and overhead expenses; and (C) the 
        State of Alaska shall make awards consistent with the Statewide 
        priority list established in conjunction with the Agency and the 
        U.S. Department of Agriculture for all water, sewer, waste 
        disposal, and similar projects carried out by the State of 
        Alaska that are funded under section 221 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm 
        and Rural Development Act (7 U.S.C. 1921 et seq.) which shall 
        allocate not less than 25 percent of the funds provided for 
        projects in regional hub communities;
            (4) $91,987,000 shall be to carry out section 104(k) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (CERCLA), including grants, interagency 
        agreements, and associated program support costs:  
        Provided, <<NOTE: Allocations.>>  That at least 10 percent shall 
        be allocated for assistance in persistent poverty counties:  
        Provided further, <<NOTE: Definition.>>  That for purposes of 
        this section, the term ``persistent poverty counties'' means any 
        county that has had 20 percent or more of its population living 
        in poverty over the past 30 years, as measured by the 1993 Small 
        Area Income and Poverty Estimates, the 2000 decennial census, 
        and the most recent Small Area Income

[[Page 136 STAT. 386]]

        and Poverty Estimates, or any territory or possession of the 
        United States;
            (5) $92,000,000 shall be for grants under title VII, 
        subtitle G of the Energy Policy Act of 2005;
            (6) $61,927,000 shall be for targeted airshed grants in 
        accordance with the terms and conditions in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act);
            (7) $27,158,000 shall be for grants under subsections (a) 
        through (j) of section 1459A of the Safe Drinking Water Act (42 
        U.S.C. 300j-19a);
            (8) $27,500,000 shall be for grants under section 1464(d) of 
        the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
            (9) $22,011,000 shall be for grants under section 1459B of 
        the Safe Drinking Water Act (42 U.S.C. 300j-19b);
            (10) $5,000,000 shall be for grants under section 1459A(l) 
        of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
            (11) $20,000,000 shall be for grants under section 104(b)(8) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1254(b)(8));
            (12) $43,000,000 shall be for grants under section 221 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1301);
            (13) $4,000,000 shall be for grants under section 4304(b) of 
        the America's Water Infrastructure Act of 2018 (Public Law 115-
        270);
            (14) $2,500,000 shall be for carrying out section 302(a) of 
        the Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), of which not more 
        than 2 percent shall be for administrative costs to carry out 
        such section:  
        Provided, <<NOTE: Grants. Oklahoma. Determination. Alaska.>>  
        That notwithstanding section 302(a) of such Act, the 
        Administrator may also provide grants pursuant to such authority 
        to intertribal consortia consistent with the requirements in 40 
        CFR 35.504(a), to former Indian reservations in Oklahoma (as 
        determined by the Secretary of the Interior), and Alaska Native 
        Villages as defined in Public Law 92-203;
            (15) $4,000,000 shall be for grants under section 103(b)(3) 
        of the Clean Air Act for wildfire smoke preparedness grants in 
        accordance with the terms and conditions in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act):  Provided, not more than 3 
        percent shall be for administrative costs to carry out such 
        section;
            (16) $1,099,384,000 shall be for grants, including 
        associated program support costs, to States, federally 
        recognized Tribes, interstate agencies, tribal consortia, and 
        air pollution control agencies for multi-media or single media 
        pollution prevention, control and abatement, and related 
        activities, including activities pursuant to the provisions set 
        forth under this heading in Public Law 104-134, and for making 
        grants under section 103 of the Clean Air Act for particulate 
        matter monitoring and data collection activities subject to 
        terms and conditions specified by the Administrator, and under 
        section 2301 of the Water and Waste Act of 2016 to assist States 
        in developing and implementing programs for control of coal 
        combustion residuals, of which: $46,195,000 shall be for 
        carrying out section 128 of CERCLA; $9,336,000 shall be for 
        Environmental Information Exchange Network grants, including 
        associated

[[Page 136 STAT. 387]]

        program support costs; $1,475,000 shall be for grants to States 
        under section 2007(f)(2) of the Solid Waste Disposal Act, which 
        shall be in addition to funds appropriated under the heading 
        ``Leaking Underground Storage Tank Trust Fund Program'' to carry 
        out the provisions of the Solid Waste Disposal Act specified in 
        section 9508(c) of the Internal Revenue Code other than section 
        9003(h) of the Solid Waste Disposal Act; $18,000,000 of the 
        funds available for grants under section 106 of the Federal 
        Water Pollution Control Act shall be for State participation in 
        national- and State-level statistical surveys of water resources 
        and enhancements to State monitoring programs; and
            (17) $15,006,000 shall be for State and Tribal Assistance 
        Grants to be allocated in the amounts specified for those 
        projects and for the purposes delineated in the table titled 
        ``Interior and Environment Incorporation of Community Project 
        Funding Items/Congressionally Directed Spending Items'' included 
        for this division in the explanatory statement described in 
        section 4 (in the matter preceding division A of this 
        consolidated Act) for remediation, construction, and related 
        environmental management activities in accordance with the terms 
        and conditions specified for such grants in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act).

       Water Infrastructure Finance and Innovation Program Account

    For <<NOTE: Loans.>>  the cost of direct loans and for the cost of 
guaranteed loans, as authorized by the Water Infrastructure Finance and 
Innovation Act of 2014, $63,500,000, to remain available until expended: 
 Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974:  Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans, including 
capitalized interest, and total loan principal, including capitalized 
interest, any part of which is to be guaranteed, not to exceed 
$12,500,000,000:  Provided further, That of the funds made available 
under this heading, $5,000,000 shall be used solely for the cost of 
direct loans and for the cost of guaranteed loans for projects described 
in section 5026(9) of the Water Infrastructure Finance and Innovation 
Act of 2014 to State infrastructure financing authorities, as authorized 
by section 5033(e) of such Act:  Provided further, <<NOTE: Criteria.>>  
That the use of direct loans or loan guarantee authority under this 
heading for direct loans or commitments to guarantee loans for any 
project shall be in accordance with the criteria published in the 
Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth 
proviso under the heading ``Water Infrastructure Finance and Innovation 
Program Account'' in division D of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94):  Provided 
further, <<NOTE: Certification. Compliance.>>  That none of the direct 
loans or loan guarantee authority made available under this heading 
shall be available for any project unless the Administrator and the 
Director of the Office of Management and Budget have certified in 
advance in writing that the direct loan or loan guarantee, as 
applicable, and the project comply with the criteria referenced in the 
previous proviso:  Provided further, <<NOTE: Records.>>  That, for the 
purposes of carrying out

[[Page 136 STAT. 388]]

the Congressional Budget Act of 1974, the Director of the Congressional 
Budget Office may request, and the Administrator shall promptly provide, 
documentation and information relating to a project identified in a 
Letter of Interest submitted to the Administrator pursuant to a Notice 
of Funding Availability for applications for credit assistance under the 
Water Infrastructure Finance and Innovation Act Program, including with 
respect to a project that was initiated or completed before the date of 
enactment of this Act.

    In addition, fees authorized to be collected pursuant to sections 
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 
2014 shall be deposited in this account, to remain available until 
expended.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, notwithstanding section 5033 of the Water 
Infrastructure Finance and Innovation Act of 2014, $6,026,000, to remain 
available until September 30, 2023.

       Administrative Provisions--Environmental Protection Agency

                     (including transfers of funds)

    For fiscal year 2022, notwithstanding 31 U.S.C. 6303(1) and 6305(1), 
the Administrator of the Environmental Protection Agency, in carrying 
out the Agency's function to implement directly Federal environmental 
programs required or authorized by law in the absence of an acceptable 
tribal program, may award cooperative agreements to federally recognized 
Indian tribes or Intertribal consortia, if authorized by their member 
tribes, to assist the Administrator in implementing Federal 
environmental programs for Indian tribes required or authorized by law, 
except that no such cooperative agreements may be awarded from funds 
designated for State financial assistance agreements.
    The <<NOTE: Fees.>>  Administrator of the Environmental Protection 
Agency is authorized to collect and obligate pesticide registration 
service fees in accordance with section 33 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8), to remain available 
until expended.

    Notwithstanding <<NOTE: Fees.>>  section 33(d)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-
8(d)(2)), the Administrator of the Environmental Protection Agency may 
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 
2022.

    The <<NOTE: Fees.>>  Administrator of the Environmental Protection 
Agency is authorized to collect and obligate fees in accordance with 
section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for 
fiscal year 2022, to remain available until expended.

    The Administrator is authorized to transfer up to $348,000,000 of 
the funds appropriated for the Great Lakes Restoration Initiative under 
the heading ``Environmental Programs and Management'' to the head of any 
Federal department or agency, with the concurrence of such head, to 
carry out activities that would support the Great Lakes Restoration 
Initiative and Great Lakes Water Quality Agreement programs, projects, 
or activities; to enter into an interagency agreement with the head of 
such Federal department or agency to carry out these activities; and to 
make grants to

[[Page 136 STAT. 389]]

governmental entities, nonprofit organizations, institutions, and 
individuals for planning, research, monitoring, outreach, and 
implementation in furtherance of the Great Lakes Restoration Initiative 
and the Great Lakes Water Quality Agreement.
    The Science and Technology, Environmental Programs and Management, 
Office of Inspector General, Hazardous Substance Superfund, and Leaking 
Underground Storage Tank Trust Fund Program Accounts, are available for 
the construction, alteration, repair, rehabilitation, and renovation of 
facilities, provided that the cost does not exceed $150,000 per project.
    For <<NOTE: Grants.>>  fiscal year 2022, and notwithstanding section 
518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), 
the Administrator is authorized to use the amounts appropriated for any 
fiscal year under section 319 of the Act to make grants to Indian tribes 
pursuant to sections 319(h) and 518(e) of that Act.

    The <<NOTE: Grants.>>  Administrator is authorized to use the 
amounts appropriated under the heading ``Environmental Programs and 
Management'' for fiscal year 2022 to provide grants to implement the 
Southeastern New England Watershed Restoration Program.

    Notwithstanding the limitations on amounts in section 320(i)(2)(B) 
of the Federal Water Pollution Control Act, not less than $2,000,000 of 
the funds made available under this title for the National Estuary 
Program shall be for making competitive awards described in section 
320(g)(4).
    Section <<NOTE: Applicability.>>  122(b)(3) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9622(b)(3)), shall be applied by inserting before the period: ``, 
including for the hire, maintenance, and operation of aircraft.''.

    The Environmental Protection Agency Working Capital Fund, 
established by Public Law 104-204 (42 U.S.C. 4370e), is available for 
expenses and equipment necessary for modernization and development of 
information technology of, or for use by, the Environmental Protection 
Agency.
    For <<NOTE: Contracts.>>  fiscal year 2022, the Office of Chemical 
Safety and Pollution Prevention and the Office of Water may, using funds 
appropriated under the headings ``Environmental Programs and 
Management'' and ``Science and Technology'', contract directly with 
individuals or indirectly with institutions or nonprofit organizations, 
without regard to 41 U.S.C. 5, for the temporary or intermittent 
personal services of students or recent graduates, who shall be 
considered employees for the purposes of chapters 57 and 81 of title 5, 
United States Code, relating to compensation for travel and work 
injuries, and chapter 171 of title 28, United States Code, relating to 
tort claims, but shall not be considered to be Federal employees for any 
other purpose:  Provided, That amounts used for this purpose by the 
Office of Chemical Safety and Pollution Prevention and the Office of 
Water collectively may not exceed $2,000,000.

    During <<NOTE: Time period. Consultation. Employment positions.>>  
each of fiscal years 2022 through 2025, the Administrator may, after 
consultation with the Office of Personnel Management, employ up to 
seventy-five persons at any one time in the Office of Research and 
Development and twenty-five persons at any one time in the Office of 
Chemical Safety and Pollution Prevention under the authority provided in 
42 U.S.C. 209.

[[Page 136 STAT. 390]]

                                TITLE III

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

   office of the under secretary for natural resources and environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment, $1,000,000:  Provided, That funds 
made available by this Act to any agency in the Natural Resources and 
Environment mission area for salaries and expenses are available to fund 
up to one administrative support staff for the office.

                             Forest Service

                        forest service operations

                     (including transfers of funds)

    For necessary expenses of the Forest Service, not otherwise provided 
for, $1,069,086,000, to remain available through September 30, 2025:  
Provided, That a portion of the funds made available under this heading 
shall be for the base salary and expenses of employees in the Chief's 
Office, the Work Environment and Performance Office, the Business 
Operations Deputy Area, and the Chief Financial Officer's Office to 
carry out administrative and general management support functions:  
Provided further, That funds provided under this heading shall be 
available for the costs of facility maintenance, repairs, and leases for 
buildings and sites where these administrative, general management and 
other Forest Service support functions take place; the costs of all 
utility and telecommunication expenses of the Forest Service, as well as 
business services; and, for information technology, including cyber 
security requirements:  Provided further, That funds provided under this 
heading may be used for necessary expenses to carry out administrative 
and general management support functions of the Forest Service not 
otherwise provided for and necessary for its operation.

                      forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $296,616,000, to remain available through September 
30, 2025:  Provided, That of the funds provided, $22,197,000 is for the 
forest inventory and analysis program:  Provided further, That all 
authorities for the use of funds, including the use of contracts, 
grants, and cooperative agreements, available to execute the Forest and 
Rangeland Research appropriation, are also available in the utilization 
of these funds for Fire Science Research.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, and conducting

[[Page 136 STAT. 391]]

an international program and trade compliance activities as authorized, 
$315,198,000, to remain available through September 30, 2025, as 
authorized by law, of which $29,955,500 shall be for projects specified 
for Forest Resource Information and Analysis in the table titled 
``Interior and Environment Incorporation of Community Project Funding 
Items/Congressionally Directed Spending Items'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                         national forest system

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, and for hazardous fuels management on or 
adjacent to such lands, $1,866,545,000, to remain available through 
September 30, 2025:  Provided, That of the funds provided, $28,000,000 
shall be deposited in the Collaborative Forest Landscape Restoration 
Fund for ecological restoration treatments as authorized by 16 U.S.C. 
7303(f):  Provided further, <<NOTE: Applicability.>>  That for the funds 
provided in the preceding proviso, section 4003(d)(3)(A) of the Omnibus 
Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be 
applied by substituting ``20'' for ``10'' and section 4003(d)(3)(B) of 
the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) 
shall be applied by substituting ``4'' for ``2'':  Provided further, 
That of the funds provided, $38,000,000 shall be for forest products:  
Provided further, That of the funds provided, $187,388,000 shall be for 
hazardous fuels management activities, of which not to exceed 
$20,000,000 may be used to make grants, using any authorities available 
to the Forest Service under the ``State and Private Forestry'' 
appropriation, for the purpose of creating incentives for increased use 
of biomass from National Forest System lands:  Provided 
further, <<NOTE: Determination.>>  That $20,000,000 may be used by the 
Secretary of Agriculture to enter into procurement contracts or 
cooperative agreements or to issue grants for hazardous fuels management 
activities, and for training or monitoring associated with such 
hazardous fuels management activities on Federal land, or on non-Federal 
land if the Secretary determines such activities benefit resources on 
Federal land:  Provided further, That funds made available to implement 
the Community Forest Restoration Act, Public Law 106-393, title VI, 
shall be available for use on non-Federal lands in accordance with 
authorities made available to the Forest Service under the ``State and 
Private Forestry'' appropriation:  Provided 
further, <<NOTE: Fees. Advance approval. 43 USC 1751 note.>>  That 
notwithstanding section 33 of the Bankhead Jones Farm Tenant Act (7 
U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for 
grazing on a National Grassland, may provide a credit of up to 50 
percent of the calculated fee to a Grazing Association or direct 
permittee for a conservation practice approved by the Secretary in 
advance of the fiscal year in which the cost of the conservation 
practice is incurred, and that the amount credited shall remain 
available to the Grazing Association or the direct permittee, as 
appropriate, in the fiscal year in which the credit is made and each 
fiscal year thereafter for use on the project for conservation practices 
approved by the Secretary:  Provided further, That funds appropriated to 
this account shall be available for the base salary and expenses of 
employees that carry out the functions funded by the ``Capital 
Improvement

[[Page 136 STAT. 392]]

and Maintenance'' account, the ``Range Betterment Fund'' account, and 
the ``Management of National Forest Lands for Subsistence Uses'' 
account.

                   Capital Improvement and Maintenance

                      (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise provided 
for, $159,049,000, to remain available through September 30, 2025, for 
construction, capital improvement, maintenance, and acquisition of 
buildings and other facilities and infrastructure; and for construction, 
reconstruction, decommissioning of roads that are no longer needed, 
including unauthorized roads that are not part of the transportation 
system, and maintenance of forest roads and trails by the Forest Service 
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:  Provided, 
That $5,000,000 shall be for activities authorized by 16 U.S.C. 538(a):  
Provided further, That $10,867,000 shall be for projects specified for 
Construction Projects in the table titled ``Interior and Environment 
Incorporation of Community Project Funding Items/Congressionally 
Directed Spending Items'' included for this division in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, That funds becoming available 
in fiscal year 2022 under the Act of March 4, 1913 (16 U.S.C. 501) shall 
be transferred to the General Fund of the Treasury and shall not be 
available for transfer or obligation for any other purpose unless the 
funds are appropriated.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California; and the Ozark-St. Francis and Ouachita 
National Forests, Arkansas; as authorized by law, $664,000, to be 
derived from forest receipts.

             acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16 
U.S.C. 484a), to remain available through September 30, 2025, (16 U.S.C. 
516-617a, 555a; Public Law 96-586; Public Law 76-589, Public Law 76-591; 
and Public Law 78-310).

                          range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, to remain available through September 30, 2025, of 
which not to exceed 6 percent shall be available

[[Page 136 STAT. 393]]

for administrative expenses associated with on-the-ground range 
rehabilitation, protection, and improvements.

     gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain 
available through September 30, 2025, to be derived from the fund 
established pursuant to the above Act.

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal lands 
in Alaska for subsistence uses under title VIII of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $1,099,000, to 
remain available through September 30, 2025.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency wildland fire suppression on 
or adjacent to such lands or other lands under fire protection 
agreement, and for emergency rehabilitation of burned-over National 
Forest System lands and water, $2,005,106,000, to remain available until 
expended:  Provided, That such funds including unobligated balances 
under this heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes:  
Provided further, That any unobligated funds appropriated in a previous 
fiscal year for hazardous fuels management may be transferred to the 
``National Forest System'' account:  Provided 
further, <<NOTE: Reimbursement.>>  That such funds shall be available to 
reimburse State and other cooperating entities for services provided in 
response to wildfire and other emergencies or disasters to the extent 
such reimbursements by the Forest Service for non-fire emergencies are 
fully repaid by the responsible emergency management agency:  Provided 
further, That funds provided shall be available for support to Federal 
emergency response:  Provided further, That the costs of implementing 
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected 
parties:  Provided further, That of the funds provided under this 
heading, $1,011,000,000 shall be available for wildfire suppression 
operations, and is provided to meet the terms of section 4004(b)(5)(B) 
and section 4005(e)(2)(A) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022.

              wildfire suppression operations reserve fund

                     (including transfers of funds)

    In addition to the amounts provided under the heading ``Department 
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire 
suppression operations, $2,120,000,000, to remain available until 
transferred, is additional new budget authority as specified for 
purposes of section 4004(b)(5) and section 4005(e) of S.

[[Page 136 STAT. 394]]

Con. Res. 14 (117th Congress), the concurrent resolution on the budget 
for fiscal year 2022:  Provided, That such amounts may be transferred to 
and merged with amounts made available under the headings ``Department 
of the Interior--Department-Wide Programs--Wildland Fire Management'' 
and ``Department of Agriculture--Forest Service--Wildland Fire 
Management'' for wildfire suppression operations in the fiscal year in 
which such amounts are transferred:  Provided 
further, <<NOTE: Notification. Deadline.>>  That amounts may be 
transferred to the ``Wildland Fire Management'' accounts in the 
Department of the Interior or the Department of Agriculture only upon 
the notification of the House and Senate Committees on Appropriations 
that all wildfire suppression operations funds appropriated under that 
heading in this and prior appropriations Acts to the agency to which the 
funds will be transferred will be obligated within 30 days:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided by law:  Provided 
further, <<NOTE: Determination. Deadline.>>  That, in determining 
whether all wildfire suppression operations funds appropriated under the 
heading ``Wildland Fire Management'' in this and prior appropriations 
Acts to either the Department of Agriculture or the Department of the 
Interior will be obligated within 30 days pursuant to the previous 
proviso, any funds transferred or permitted to be transferred pursuant 
to any other transfer authority provided by law shall be excluded.

                   communications site administration

                      (including transfer of funds)

    Amounts collected in this fiscal year pursuant to section 8705(f)(2) 
of the Agriculture Improvement Act of 2018 (Public Law 115-334), shall 
be deposited in the special account established by section 8705(f)(1) of 
such Act, shall be available to cover the costs described in subsection 
(c)(3) of such section of such Act, and shall remain available until 
expended:  Provided, That such amounts shall be transferred to the 
``National Forest System'' account.

                administrative provisions--forest service

                     (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire of 
such vehicles; purchase, lease, operation, maintenance, and acquisition 
of aircraft to maintain the operable fleet for use in Forest Service 
wildland fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft being 
replaced may be sold, with proceeds derived or trade-in value used to 
offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C.

[[Page 136 STAT. 395]]

5901-5902; and (7) for debt collection contracts in accordance with 31 
U.S.C. 3718(c).
    Funds made available to the Forest Service in this Act may be 
transferred between accounts affected by the Forest Service budget 
restructure outlined in section 435 of division D of the Further 
Consolidated Appropriations Act, 2020 (Public Law 116-94):  Provided, 
That any transfer of funds pursuant to this paragraph shall not increase 
or decrease the funds appropriated to any account in this fiscal year by 
more than ten percent:  Provided further, That such transfer authority 
is in addition to any other transfer authority provided by law.
    Any <<NOTE: Notification. Deadline.>>  appropriations or funds 
available to the Forest Service may be transferred to the Wildland Fire 
Management appropriation for forest firefighting, emergency 
rehabilitation of burned-over or damaged lands or waters under its 
jurisdiction, and fire preparedness due to severe burning conditions 
upon the Secretary of Agriculture's notification of the House and Senate 
Committees on Appropriations that all fire suppression funds 
appropriated under the heading ``Wildland Fire Management'' will be 
obligated within 30 days:  Provided, That all funds used pursuant to 
this paragraph must be replenished by a supplemental appropriation which 
must be requested as promptly as possible.

    Not more than $50,000,000 of funds appropriated to the Forest 
Service shall be available for expenditure or transfer to the Department 
of the Interior for wildland fire management, hazardous fuels 
management, and State fire assistance when such transfers would 
facilitate and expedite wildland fire management programs and projects.
    Notwithstanding any other provision of this Act, the Forest Service 
may transfer unobligated balances of discretionary funds appropriated to 
the Forest Service by this Act to or within the National Forest System 
Account, or reprogram funds to be used for the purposes of hazardous 
fuels management and urgent rehabilitation of burned-over National 
Forest System lands and water:  Provided, That such transferred funds 
shall remain available through September 30, 2025:  Provided 
further, <<NOTE: Notification. Advance approval.>>  That none of the 
funds transferred pursuant to this section shall be available for 
obligation without written notification to and the prior approval of the 
Committees on Appropriations of both Houses of Congress.

    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States 
government, private sector, and international organizations. The Forest 
Service, acting for the International Program, may sign direct funding 
agreements with foreign governments and institutions as well as other 
domestic agencies (including the U.S. Agency for International 
Development, the Department of State, and the Millennium Challenge 
Corporation), United States private sector firms, institutions and 
organizations to provide technical assistance and training programs on 
forestry and rangeland management:  Provided, That to maximize 
effectiveness of domestic and international research and cooperation, 
the International Program may utilize all authorities related to 
forestry,

[[Page 136 STAT. 396]]

research, and cooperative assistance regardless of program designations.
    Funds <<NOTE: Wild horses and burros.>>  appropriated to the Forest 
Service shall be available for expenditure or transfer to the Department 
of the Interior, Bureau of Land Management, for removal, preparation, 
and adoption of excess wild horses and burros from National Forest 
System lands, and for the performance of cadastral surveys to designate 
the boundaries of such lands.

    None <<NOTE: 16 USC 556i.>>  of the funds made available to the 
Forest Service in this Act or any other Act with respect to any fiscal 
year shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) 
of Public Law 107-171 (7 U.S.C. 8316(b)).

    Not more than $82,000,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $14,500,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture for 
Department Reimbursable Programs, commonly referred to as Greenbook 
charges. Nothing in this paragraph shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain information technology services, including telecommunications and 
system modifications or enhancements, from the Working Capital Fund of 
the Department of Agriculture.
    Of the funds available to the Forest Service, up to $5,000,000 shall 
be available for priority projects within the scope of the approved 
budget, which shall be carried out by the Youth Conservation Corps and 
shall be carried out under the authority of the Public Lands Corps Act 
of 1993 (16 U.S.C. 1721 et seq.).
    Of the funds available to the Forest Service, $4,000 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, up to $3,000,000 may be advanced 
in a lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for projects on or 
benefitting National Forest System lands or related to Forest Service 
programs:  Provided, That of the Federal funds made available to the 
Foundation, no more than $300,000 shall be available for administrative 
expenses:  Provided further, That the Foundation shall obtain, by the 
end of the period of Federal financial assistance, private contributions 
to match funds made available by the Forest Service on at least a one-
for-one basis:  Provided further, That the Foundation may transfer 
Federal funds to a Federal or a non-Federal recipient for a project at 
the same rate that the recipient has obtained the non-Federal matching 
funds.
    Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 
of the funds available to the Forest Service may be advanced to the 
National Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest Service 
programs:  Provided, That such funds shall be matched on at least a one-
for-one basis by the

[[Page 136 STAT. 397]]

Foundation or its sub-recipients:  Provided further, That the Foundation 
may transfer Federal funds to a Federal or non-Federal recipient for a 
project at the same rate that the recipient has obtained the non-Federal 
matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    Any funds appropriated to the Forest Service may be used to meet the 
non-Federal share requirement in section 502(c) of the Older Americans 
Act of 1965 (42 U.S.C. 3056(c)(2)).
    The Forest Service shall not assess funds for the purpose of 
performing fire, administrative, and other facilities maintenance and 
decommissioning.
    Notwithstanding any other provision of law, of any appropriations or 
funds available to the Forest Service, not to exceed $500,000 may be 
used to reimburse the Office of the General Counsel (OGC), Department of 
Agriculture, for travel and related expenses incurred as a result of OGC 
assistance or participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase negotiations, and 
similar matters unrelated to civil litigation. Future budget 
justifications for both the Forest Service and the Department of 
Agriculture should clearly display the sums previously transferred and 
the sums requested for transfer.
    An eligible individual who is employed in any project funded under 
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.
    Funds appropriated to the Forest Service shall be available to pay, 
from a single account, the base salary and expenses of employees who 
carry out functions funded by other accounts for Enterprise Program, 
Geospatial Technology and Applications Center, remnant Natural Resource 
Manager, and National Technology and Development Program.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination and Education Assistance Act, 
the Indian Health Care Improvement Act, and titles II and III of the 
Public Health Service Act with respect to the Indian Health Service, 
$4,660,658,000, to remain available until September 30, 2023, except as 
otherwise provided herein, together with payments received during the 
fiscal year pursuant to sections 231(b) and 233 of the Public Health 
Service Act (42 U.S.C. 238(b)and 238b), for services furnished by the 
Indian Health Service:  Provided, That funds made available to tribes 
and tribal organizations through contracts, grant agreements, or any 
other agreements or

[[Page 136 STAT. 398]]

compacts authorized by the Indian Self-Determination and Education 
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated 
at the time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation:  Provided further, That $2,500,000 shall be available for 
grants or contracts with public or private institutions to provide 
alcohol or drug treatment services to Indians, including alcohol 
detoxification services:  Provided further, That $984,887,000 for 
Purchased/Referred Care, including $53,000,000 for the Indian 
Catastrophic Health Emergency Fund, shall remain available until 
expended:  Provided further, That of the funds provided, up to 
$46,000,000 shall remain available until expended for implementation of 
the loan repayment program under section 108 of the Indian Health Care 
Improvement Act:  Provided further, That of the funds provided, 
$58,000,000 shall be for costs related to or resulting from 
accreditation emergencies, including supplementing activities funded 
under the heading ``Indian Health Facilities,'' of which up to 
$4,000,000 may be used to supplement amounts otherwise available for 
Purchased/Referred Care:  Provided further, That the amounts collected 
by the Federal Government as authorized by sections 104 and 108 of the 
Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during 
the preceding fiscal year for breach of contracts shall be deposited in 
the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and 
shall remain available until expended and, notwithstanding section 
108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to 
make new awards under the loan repayment and scholarship programs under 
sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a):  Provided 
further, <<NOTE: Allocations.>>  That the amounts made available within 
this account for the Substance Abuse and Suicide Prevention Program, for 
Opioid Prevention, Treatment and Recovery Services, for the Domestic 
Violence Prevention Program, for the Zero Suicide Initiative, for the 
housing subsidy authority for civilian employees, for Aftercare Pilot 
Programs at Youth Regional Treatment Centers, for transformation and 
modernization costs of the Indian Health Service Electronic Health 
Record system, for national quality and oversight activities, to improve 
collections from public and private insurance at Indian Health Service 
and tribally operated facilities, for an initiative to treat or reduce 
the transmission of HIV and HCV, for a maternal health initiative, for 
the Telebehaviorial Health Center of Excellence, for Alzheimer's grants, 
for Village Built Clinics, for a produce prescription pilot, and for 
accreditation emergencies shall be allocated at the discretion of the 
Director of the Indian Health Service and shall remain available until 
expended:  Provided further, <<NOTE: Contracts. Grants. Time 
period. Records.>>  That funds provided in this Act may be used for 
annual contracts and grants that fall within 2 fiscal years, provided 
the total obligation is recorded in the year the funds are appropriated: 
 Provided further, That the amounts collected by the Secretary of Health 
and Human Services under the authority of title IV of the Indian Health 
Care Improvement Act (25 U.S.C. 1613) shall remain available until 
expended for the purpose of achieving compliance with the applicable 
conditions and requirements of titles XVIII and XIX of the Social 
Security Act, except for those related to the planning, design, or 
construction of new facilities:  Provided further, That funding 
contained herein for scholarship programs under the Indian Health Care 
Improvement Act (25 U.S.C. 1613) shall remain available until expended:  
Provided

[[Page 136 STAT. 399]]

further, <<NOTE: Reports.>>  That amounts received by tribes and tribal 
organizations under title IV of the Indian Health Care Improvement Act 
shall be reported and accounted for and available to the receiving 
tribes and tribal organizations until expended:  Provided further, That 
the Bureau of Indian Affairs may collect from the Indian Health Service, 
and from tribes and tribal organizations operating health facilities 
pursuant to Public Law 93-638, such individually identifiable health 
information relating to disabled children as may be necessary for the 
purpose of carrying out its functions under the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.):  Provided further, 
That of the funds provided, $74,138,000 is for the Indian Health Care 
Improvement Fund and may be used, as needed, to carry out activities 
typically funded under the Indian Health Facilities account:  Provided 
further, <<NOTE: Consultation. Time period.>>  That none of the funds 
appropriated by this Act, or any other Act, to the Indian Health Service 
for the Electronic Health Record system shall be available for 
obligation or expenditure for the selection or implementation of a new 
Information Technology infrastructure system, unless the Committees on 
Appropriations of the House of Representatives and the Senate are 
consulted 90 days in advance of such obligation.

                         contract support costs

    For payments to tribes and tribal organizations for contract support 
costs associated with Indian Self-Determination and Education Assistance 
Act agreements with the Indian Health Service for fiscal year 2022, such 
sums as may be necessary:  Provided, That notwithstanding any other 
provision of law, no amounts made available under this heading shall be 
available for transfer to another budget account:  Provided 
further, <<NOTE: Applicability.>>  That amounts obligated but not 
expended by a tribe or tribal organization for contract support costs 
for such agreements for the current fiscal year shall be applied to 
contract support costs due for such agreements for subsequent fiscal 
years.

                       payments for tribal leases

    For payments to tribes and tribal organizations for leases pursuant 
to section 105(l) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2022, such sums as 
may be necessary, which shall be available for obligation through 
September 30, 2023:  Provided, That notwithstanding any other provision 
of law, no amounts made available under this heading shall be available 
for transfer to another budget account.

                        indian health facilities

    For construction, repair, maintenance, demolition, improvement, and 
equipment of health and related auxiliary facilities, including quarters 
for personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities

[[Page 136 STAT. 400]]

of the Indian Health Service, $940,328,000, to remain available until 
expended:  Provided, That notwithstanding any other provision of law, 
funds appropriated for the planning, design, construction, renovation, 
or expansion of health facilities for the benefit of an Indian tribe or 
tribes may be used to purchase land on which such facilities will be 
located:  Provided further, That not to exceed $500,000 may be used by 
the Indian Health Service to purchase TRANSAM equipment from the 
Department of Defense for distribution to the Indian Health Service and 
tribal facilities:  Provided further, That of the amount appropriated 
under this heading for fiscal year 2022 for Sanitation Facilities 
Construction, $40,171,000 shall be for projects specified for Sanitation 
Facilities Construction (CDS) in the table titled ``Interior and 
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act):  Provided further, That 
none of the funds appropriated to the Indian Health Service may be used 
for sanitation facilities construction for new homes funded with grants 
by the housing programs of the United States Department of Housing and 
Urban Development.

            administrative provisions--indian health service

    Appropriations provided in this Act to the Indian Health Service 
shall be available for services as authorized by 5 U.S.C. 3109 at rates 
not to exceed the per diem rate equivalent to the maximum rate payable 
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation, and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary of Health and Human Services; uniforms, or 
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for 
expenses of attendance at meetings that relate to the functions or 
activities of the Indian Health Service:  Provided, That in accordance 
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally administered 
or Indian Health Service facilities, subject to charges, and the 
proceeds along with funds recovered under the Federal Medical Care 
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of 
the facility providing the service and shall be available without fiscal 
year limitation:  Provided further, That notwithstanding any other law 
or regulation, funds transferred from the Department of Housing and 
Urban Development to the Indian Health Service shall be administered 
under Public Law 86-121, the Indian Sanitation Facilities Act and Public 
Law 93-638:  Provided further, That funds appropriated to the Indian 
Health Service in this Act, except those used for administrative and 
program direction purposes, shall not be subject to limitations directed 
at curtailing Federal travel and transportation:  Provided further, 
That <<NOTE: Assessments.>>  none of the funds made available to the 
Indian Health Service in this Act shall be used for any assessments or 
charges by the Department of Health and Human Services unless identified 
in the budget justification and

[[Page 136 STAT. 401]]

provided in this Act, or approved by the House and Senate Committees on 
Appropriations through the reprogramming process:  Provided further, 
That notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450 et seq.), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement 
under title V of such Act and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation:  Provided 
further, <<NOTE: Regulations. Budget request.>>  That none of the funds 
made available to the Indian Health Service in this Act shall be used to 
implement the final rule published in the Federal Register on September 
16, 1987, by the Department of Health and Human Services, relating to 
the eligibility for the health care services of the Indian Health 
Service until the Indian Health Service has submitted a budget request 
reflecting the increased costs associated with the proposed final rule, 
and such request has been included in an appropriations Act and enacted 
into law:  Provided further, <<NOTE: Reimbursements.>>  That with 
respect to functions transferred by the Indian Health Service to tribes 
or tribal organizations, the Indian Health Service is authorized to 
provide goods and services to those entities on a reimbursable basis, 
including payments in advance with subsequent adjustment, and the 
reimbursements received therefrom, along with the funds received from 
those entities pursuant to the Indian Self-Determination Act, may be 
credited to the same or subsequent appropriation account from which the 
funds were originally derived, with such amounts to remain available 
until expended:  Provided further, <<NOTE: Reimbursements.>>  That 
reimbursements for training, technical assistance, or services provided 
by the Indian Health Service will contain total costs, including direct, 
administrative, and overhead costs associated with the provision of 
goods, services, or technical assistance:  Provided further, That the 
Indian Health Service may provide to civilian medical personnel serving 
in hospitals operated by the Indian Health Service housing allowances 
equivalent to those that would be provided to members of the 
Commissioned Corps of the United States Public Health Service serving in 
similar positions at such hospitals:  Provided 
further, <<NOTE: Notification.>>  That the appropriation structure for 
the Indian Health Service may not be altered without advance 
notification to the House and Senate Committees on Appropriations.

                      National Institutes of Health

           national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986, $82,540,000.

[[Page 136 STAT. 402]]

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i) and 111(c)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA) and section 
3019 of the Solid Waste Disposal Act, $80,500,000:  Provided, That 
notwithstanding any other provision of law, in lieu of performing a 
health assessment under section 104(i)(6) of CERCLA, the Administrator 
of ATSDR may conduct other appropriate health studies, evaluations, or 
activities, including, without limitation, biomedical testing, clinical 
evaluations, medical monitoring, and referral to accredited healthcare 
providers:  Provided further, That in performing any such health 
assessment or health study, evaluation, or activity, the Administrator 
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of 
CERCLA:  Provided further, That none of the funds appropriated under 
this heading shall be available for ATSDR to issue in excess of 40 
toxicological profiles pursuant to section 104(i) of CERCLA during 
fiscal year 2022, and existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                    Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the Council 
on Environmental Quality and Office of Environmental Quality pursuant to 
the National Environmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not 
to exceed $750 for official reception and representation expenses, 
$4,200,000:  Provided, <<NOTE: Appointment. President.>>  That 
notwithstanding section 202 of the National Environmental Policy Act of 
1970, the Council shall consist of one member, appointed by the 
President, by and with the advice and consent of the Senate, serving as 
chairman and exercising all powers, functions, and duties of the 
Council.

             Chemical Safety and Hazard Investigation Board

                          salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, including hire of passenger 
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for 
individuals not to exceed the per diem equivalent to the maximum rate 
payable for senior level positions under 5 U.S.C. 5376, $13,400,000:  
Provided, <<NOTE: Career positions.>>  That the Chemical Safety and 
Hazard Investigation Board (Board) shall have not more than three career 
Senior Executive Service positions:  Provided further, <<NOTE: 5 USC 
app. 8G note.>>  That notwithstanding any other provision of law, the 
individual appointed to the position of Inspector General of the 
Environmental Protection Agency (EPA) shall, by virtue of such 
appointment, also hold the

[[Page 136 STAT. 403]]

position of Inspector General of the Board:  Provided further, <<NOTE: 5 
USC app. 8G note.>>  That notwithstanding any other provision of law, 
the Inspector General of the Board shall utilize personnel of the Office 
of Inspector General of EPA in performing the duties of the Inspector 
General of the Board, and shall not appoint any individuals to positions 
within the Board.

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $3,150,000, to remain 
available until expended, which shall be derived from unobligated 
balances from prior year appropriations available under this heading:  
Provided, That funds provided in this or any other appropriations Act 
are to be used to relocate eligible individuals and groups including 
evictees from District 6, Hopi-partitioned lands residents, those in 
significantly substandard housing, and all others certified as eligible 
and not included in the preceding categories:  Provided further, That 
none of the funds contained in this or any other Act may be used by the 
Office of Navajo and Hopi Indian Relocation to evict any single Navajo 
or Navajo family who, as of November 30, 1985, was physically domiciled 
on the lands partitioned to the Hopi Tribe unless a new or replacement 
home is provided for such household:  Provided further, That no 
relocatee will be provided with more than one new or replacement home:  
Provided further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to section 11 of Public Law 
93-531 (88 Stat. 1716).

    INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS 
                               DEVELOPMENT

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by part A of title XV of 
Public Law 99-498 (20 U.S.C. 4411 et seq.), $11,741,000, which shall 
become available on July 1, 2022, and shall remain available until 
September 30, 2023.

                         Smithsonian Institution

                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease agreements of no 
more than 30 years, and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; and purchase, rental,

[[Page 136 STAT. 404]]

repair, and cleaning of uniforms for employees, $852,215,000, to remain 
available until September 30, 2023, except as otherwise provided herein; 
of which not to exceed $12,798,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, Smithsonian American 
Women's History Museum, National Museum of the American Latino, and the 
repatriation of skeletal remains program shall remain available until 
expended; and including such funds as may be necessary to support 
American overseas research centers:  Provided, That funds appropriated 
herein are available for advance payments to independent contractors 
performing research services or participating in official Smithsonian 
presentations:  Provided further, <<NOTE: District of Columbia.>> That 
the Smithsonian Institution may expend Federal appropriations designated 
in this Act for lease or rent payments, as rent payable to the 
Smithsonian Institution, and such rent payments may be deposited into 
the general trust funds of the Institution to be available as trust 
funds for expenses associated with the purchase of a portion of the 
building at 600 Maryland Avenue, SW, Washington, DC, to the extent that 
federally supported activities will be housed there:  Provided further, 
That the use of such amounts in the general trust funds of the 
Institution for such purpose shall not be construed as Federal debt 
service for, a Federal guarantee of, a transfer of risk to, or an 
obligation of the Federal Government:  Provided 
further, <<NOTE: District of Columbia.>> That no appropriated funds may 
be used directly to service debt which is incurred to finance the costs 
of acquiring a portion of the building at 600 Maryland Avenue, SW, 
Washington, DC, or of planning, designing, and constructing improvements 
to such building:  Provided further, That <<NOTE: Effective date. Time 
period. Reports.>> any agreement entered into by the Smithsonian 
Institution for the sale of its ownership interest, or any portion 
thereof, in such building so acquired may not take effect until the 
expiration of a 30 day period which begins on the date on which the 
Secretary of the Smithsonian submits to the Committees on Appropriations 
of the House of Representatives and Senate, the Committees on House 
Administration and Transportation and Infrastructure of the House of 
Representatives, and the Committee on Rules and Administration of the 
Senate a report, as outlined in the explanatory statement described in 
section 4 of the Further Consolidated Appropriations Act, 2020 (Public 
Law 116-94; 133 Stat. 2536) on the intended sale.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by contract 
or otherwise, as authorized by section 2 of the Act of August 22, 1949 
(63 Stat. 623), and for construction, including necessary personnel, 
$210,000,000, to remain available until expended, of which not to exceed 
$10,000 shall be for services as authorized by 5 U.S.C. 3109.

                         National Gallery of Art

                          salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of

[[Page 136 STAT. 405]]

April 13, 1939 (Public Resolution 9, 76th Congress), including services 
as authorized by 5 U.S.C. 3109; payment in advance when authorized by 
the treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for 
protecting buildings and contents thereof, and maintenance, alteration, 
improvement, and repair of buildings, approaches, and grounds; and 
purchase of services for restoration and repair of works of art for the 
National Gallery of Art by contracts made, without advertising, with 
individuals, firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem proper, $156,419,000, 
to remain available until September 30, 2023, of which not to exceed 
$3,775,000 for the special exhibition program shall remain available 
until expended.

             repair, restoration and renovation of buildings

                      (including transfer of funds)

    For necessary expenses of repair, restoration, and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, for operating lease agreements 
of no more than 10 years, with no extensions or renewals beyond the 10 
years, that address space needs created by the ongoing renovations in 
the Master Facilities Plan, as authorized, $24,081,000, to remain 
available until expended:  Provided, That of this amount, $11,458,000 
shall be available for design and construction of an off-site art 
storage facility in partnership with the Smithsonian Institution and may 
be transferred to the Smithsonian Institution for such 
purposes: <<NOTE: Contracts.>>   Provided further, That contracts 
awarded for environmental systems, protection systems, and exterior 
repair or renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John f. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance, and security 
of the John F. Kennedy Center for the Performing Arts, $27,000,000, to 
remain available until September, 30, 2023.

                     capital repair and restoration

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy Center 
for the Performing Arts, $13,440,000, to remain available until 
expended.

[[Page 136 STAT. 406]]

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

    For expenses necessary in carrying out the provisions of the Woodrow 
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger 
vehicles and services as authorized by 5 U.S.C. 3109, $15,000,000, to 
remain available until September 30, 2023.

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, $180,000,000 shall be available to 
the National Endowment for the Arts for the support of projects and 
productions in the arts, including arts education and public outreach 
activities, through assistance to organizations and individuals pursuant 
to section 5 of the Act, for program support, and for administering the 
functions of the Act, to remain available until expended.

                  National Endowment for the Humanities

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, $180,000,000 to remain available 
until expended, of which $164,400,000 shall be available for support of 
activities in the humanities, pursuant to section 7(c) of the Act and 
for administering the functions of the Act; and $15,600,000 shall be 
available to carry out the matching grants program pursuant to section 
10(a)(2) of the Act, including $13,600,000 for the purposes of section 
7(h):  Provided, That appropriations for carrying out section 10(a)(2) 
shall be available for obligation only in such amounts as may be equal 
to the total amounts of gifts, bequests, devises of money, and other 
property accepted by the chairman or by grantees of the National 
Endowment for the Humanities under the provisions of sections 
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appropriated.

                        Administrative Provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913:  Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses:  Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses:  Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants of up to $10,000, 
if in the aggregate the amount of such grants does not exceed 5 percent 
of the sums appropriated for grantmaking purposes per year:  Provided 
further, That such small

[[Page 136 STAT. 407]]

grant actions are taken pursuant to the terms of an expressed and direct 
delegation of authority from the National Council on the Arts to the 
Chairperson.

                         Commission of Fine Arts

                          salaries and expenses

    For expenses of the Commission of Fine Arts under chapter 91 of 
title 40, United States Code, $3,328,000: <<NOTE: Fees.>>   Provided, 
That the Commission is authorized to charge fees to cover the full costs 
of its publications, and such fees shall be credited to this account as 
an offsetting collection, to remain available until expended without 
further appropriation:  Provided further, That the Commission is 
authorized to accept gifts, including objects, papers, artwork, drawings 
and artifacts, that pertain to the history and design of the Nation's 
Capital or the history and activities of the Commission of Fine Arts, 
for the purpose of artistic display, study, or education:  Provided 
further, That one-tenth of one percent of the funds provided under this 
heading may be used for official reception and representation expenses.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 
956a), $5,000,000: <<NOTE: Applicability. 20 USC 956a note.>>   
Provided, That the item relating to ``National Capital Arts and Cultural 
Affairs'' in the Department of the Interior and Related Agencies 
Appropriations Act, 1986, as enacted into law by section 101(d) of 
Public Law 99-190 (20 U.S.C. 956a), shall be applied in fiscal year 2022 
in the second paragraph by inserting ``, calendar year 2020 excluded'' 
before the first period: <<NOTE: Determination. Time periods.>>   
Provided further, That in determining an eligible organization's annual 
income for calendar years 2021 and 2022, funds or grants received by the 
eligible organization from any supplemental appropriations Act related 
to coronavirus or any other law providing appropriations for the purpose 
of preventing, preparing for, or responding to coronavirus shall be 
counted as part of the eligible organization's annual income.

                Advisory Council on Historic Preservation

                          salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665), $8,255,000.

                  National Capital Planning Commission

                          salaries and expenses

    For necessary expenses of the National Capital Planning Commission 
under chapter 87 of title 40, United States Code, including services as 
authorized by 5 U.S.C. 3109, $8,750,000:  Provided, That one-quarter of 
1 percent of the funds provided under this heading may be used for 
official reception and representational expenses associated with hosting 
international visitors engaged in the planning and physical development 
of world capitals.

[[Page 136 STAT. 408]]

                 United States Holocaust Memorial Museum

                        holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $62,616,000, of which $715,000 
shall remain available until September 30, 2024, for the Museum's 
equipment replacement program; and of which $3,000,000 for the Museum's 
repair and rehabilitation program and $1,264,000 for the Museum's 
outreach initiatives program shall remain available until expended.

                             Presidio Trust

    The Presidio Trust is authorized to issue obligations to the 
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in 
an amount not to exceed $40,000,000.

                    World War I Centennial Commission

                          salaries and expenses

    Notwithstanding section 9 of the World War I Centennial Commission 
Act, as authorized by the World War I Centennial Commission Act (Public 
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for 
necessary expenses of the World War I Centennial Commission, $1,000,000, 
to remain available until September 30, 2023:  Provided, That in 
addition to the authority provided by section 6(g) of such Act, the 
World War I Commission may accept money, in-kind personnel services, 
contractual support, or any appropriate support from any executive 
branch agency for activities of the Commission.

               United States Semiquincentennial Commission

                          salaries and expenses

    For necessary expenses of the United States Semiquincentennial 
Commission to plan and coordinate observances and activities associated 
with the 250th anniversary of the founding of the United States, as 
authorized by Public Law 116-282, the technical amendments to Public Law 
114-196, $8,000,000, to remain available until expended.

  Alyce Spotted Bear and Walter Soboleff Commission on Native Children

    For necessary expenses of the Alyce Spotted Bear and Walter Soboleff 
Commission on Native Children (referred to in this paragraph as the 
``Commission''), $200,000 to remain available until September 30, 2023:  
Provided, That in addition to the authority provided by section 3(g)(5) 
and 3(h) of Public Law 114-244, the Commission may hereafter accept in-
kind personnel services, contractual support, or any appropriate support 
from any executive branch agency for activities of the Commission.

[[Page 136 STAT. 409]]

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                       restriction on use of funds

    Sec. 401.  No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which Congressional action is not 
complete other than to communicate to Members of Congress as described 
in 18 U.S.C. 1913.

                      obligation of appropriations

    Sec. 402.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

                  disclosure of administrative expenses

    Sec. 403.  The amount <<NOTE: Estimates. Approval.>>  and basis of 
estimated overhead charges, deductions, reserves, or holdbacks, 
including working capital fund and cost pool charges, from programs, 
projects, activities and subactivities to support government-wide, 
departmental, agency, or bureau administrative functions or 
headquarters, regional, or central operations shall be presented in 
annual budget justifications and subject to approval by the Committees 
on Appropriations of the House of Representatives and the Senate. 
Changes to such estimates shall be presented to the Committees on 
Appropriations for approval.

                           mining applications

    Sec. 404. (a) <<NOTE: Patents and trademarks.>>  Limitation of 
Funds.--None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to accept or process 
applications for a patent for any mining or mill site claim located 
under the general mining laws.

    (b) <<NOTE: Determination. Claims.>>  Exceptions.--Subsection (a) 
shall not apply if the Secretary of the Interior determines that, for 
the claim concerned: (1) a patent application was filed with the 
Secretary on or before September 30, 1994; and (2) all requirements 
established under sections 2325 and 2326 of the Revised Statutes (30 
U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, 
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 
claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
site claims, as the case may be, were fully complied with by the 
applicant by that date.

    (c) Report.--On September 30, 2023, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Natural Resources of the House and the Committee on 
Energy and Natural Resources of the Senate a report on actions taken by 
the Department under the plan submitted pursuant to section 314(c) of 
the Department of the Interior

[[Page 136 STAT. 410]]

and Related Agencies Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Director 
of the Bureau of Land Management to conduct a mineral examination of the 
mining claims or mill sites contained in a patent application as set 
forth in subsection (b). The Bureau of Land Management shall have the 
sole responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.

              contract support costs, prior year limitation

    Sec. 405.  Sections 405 <<NOTE: Continuation.>>  and 406 of division 
F of the Consolidated and Further Continuing Appropriations Act, 2015 
(Public Law 113-235) shall continue in effect in fiscal year 2022.

           contract support costs, fiscal year 2022 limitation

    Sec. 406.  Amounts provided by this Act for fiscal year 2022 under 
the headings ``Department of Health and Human Services, Indian Health 
Service, Contract Support Costs'' and ``Department of the Interior, 
Bureau of Indian Affairs and Bureau of Indian Education, Contract 
Support Costs'' are the only amounts available for contract support 
costs arising out of self-determination or self-governance contracts, 
grants, compacts, or annual funding agreements for fiscal year 2022 with 
the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian 
Health Service:  Provided, That such amounts provided by this Act are 
not available for payment of claims for contract support costs for prior 
years, or for repayments of payments for settlements or judgments 
awarding contract support costs for prior years.

                         forest management plans

    Sec. 407.  The Secretary <<NOTE: 16 USC 1604 note.>>  of Agriculture 
shall not be considered to be in violation of subparagraph 6(f)(5)(A) of 
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed 
without revision of the plan for a unit of the National Forest System. 
Nothing in this section exempts the Secretary from any other requirement 
of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 
1600 et seq.) or any other law:  Provided, That if the Secretary is not 
acting expeditiously and in good faith, within the funding available, to 
revise a plan for a unit of the National Forest System, this section 
shall be void with respect to such plan and a court of proper 
jurisdiction may order completion of the plan on an accelerated basis.

                  prohibition within national monuments

    Sec. 408.  No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) within the

[[Page 136 STAT. 411]]

boundaries of a National Monument established pursuant to the Act of 
June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 
20, 2001, except where such activities are allowed under the 
Presidential proclamation establishing such monument.

                          limitation on takings

    Sec. 409.  Unless otherwise provided herein, no funds appropriated 
in this Act for the acquisition of lands or interests in lands may be 
expended for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate Committees on 
Appropriations:  Provided, That this provision shall not apply to funds 
appropriated to implement the Everglades National Park Protection and 
Expansion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes.

                     prohibition on no-bid contracts

    Sec. 410.  None of the funds appropriated or otherwise made 
available by this Act to executive branch agencies may be used to enter 
into any Federal contract unless such contract is entered into in 
accordance with the requirements of Chapter 33 of title 41, United 
States Code, or Chapter 137 of title 10, United States Code, and the 
Federal Acquisition Regulation, unless--
            (1) Federal law specifically authorizes a contract to be 
        entered into without regard for these requirements, including 
        formula grants for States, or federally recognized Indian 
        tribes;
            (2) such contract is authorized by the Indian Self-
        Determination and Education Assistance Act (Public Law 93-638, 
        25 U.S.C. 450 et seq.) or by any other Federal laws that 
        specifically authorize a contract within an Indian tribe as 
        defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
            (3) such contract was awarded prior to the date of enactment 
        of this Act.

                           posting of reports

    Sec. 411. (a) <<NOTE: Public information. Determination.>>  Any 
agency receiving funds made available in this Act, shall, subject to 
subsections (b) and (c), post on the public website of that agency any 
report required to be submitted by the Congress in this or any other 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.

    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee or 
Committees of Congress for no less than 45 days.

            national endowment for the arts grant guidelines

    Sec. 412.  Of the funds provided to the National Endowment for the 
Arts--

[[Page 136 STAT. 412]]

            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (2) <<NOTE: Procedures.>>  The Chairperson shall establish 
        procedures to ensure that no funding provided through a grant, 
        except a grant made to a State or local arts agency, or regional 
        group, may be used to make a grant to any other organization or 
        individual to conduct activity independent of the direct grant 
        recipient. Nothing in this subsection shall prohibit payments 
        made in exchange for goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs or projects.

           national endowment for the arts program priorities

    Sec. 413. (a) In providing services or awarding financial assistance 
under the National Foundation on the Arts and the Humanities Act of 1965 
from funds appropriated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that serve underserved populations.
    (b) <<NOTE: Definitions.>>  In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income below 
        the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
        family of the size involved.

    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowledge, education, 
understanding, and appreciation of the arts.
    (d) <<NOTE: Grants.>>  With funds appropriated by this Act to carry 
out section 5 of the National Foundation on the Arts and Humanities Act 
of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) <<NOTE: Reports.>>  the Chairperson shall report to the 
        Congress annually and by State, on grants awarded by the 
        Chairperson in each grant category under section 5 of such Act; 
        and

[[Page 136 STAT. 413]]

            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

                  status of balances of appropriations

    Sec. 414.  The Department <<NOTE: Reports.>>  of the Interior, the 
Environmental Protection Agency, the Forest Service, and the Indian 
Health Service shall provide the Committees on Appropriations of the 
House of Representatives and Senate quarterly reports on the status of 
balances of appropriations including all uncommitted, committed, and 
unobligated funds in each program and activity within 60 days of 
enactment of this Act.

                      extension of grazing permits

    Sec. 415.  The terms and conditions of section 325 of Public Law 
108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest 
Service on any lands not subject to administration under section 402 of 
the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall 
remain in effect for fiscal year 2022.

                           funding prohibition

    Sec. 416. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network is designed to block access to pornography 
websites.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.

                humane transfer and treatment of animals

    Sec. 417. (a) <<NOTE: Wild horses and burros.>>  Notwithstanding any 
other provision of law, the Secretary of the Interior, with respect to 
land administered by the Bureau of Land Management, or the Secretary of 
Agriculture, with respect to land administered by the Forest Service 
(referred to in this section as the ``Secretary concerned''), may 
transfer excess wild horses and burros that have been removed from land 
administered by the Secretary concerned to other Federal, State, and 
local government agencies for use as work animals.

    (b) The Secretary concerned may make a transfer under subsection (a) 
immediately on the request of a Federal, State, or local government 
agency.
    (c) An excess wild horse or burro transferred under subsection (a) 
shall lose status as a wild free-roaming horse or burro (as defined in 
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
    (d) A Federal, State, or local government agency receiving an excess 
wild horse or burro pursuant to subsection (a) shall not--
            (1) destroy the horse or burro in a manner that results in 
        the destruction of the horse or burro into a commercial product;
            (2) sell or otherwise transfer the horse or burro in a 
        manner that results in the destruction of the horse or burro for 
        processing into a commercial product; or

[[Page 136 STAT. 414]]

            (3) euthanize the horse or burro, except on the 
        recommendation of a licensed veterinarian in a case of severe 
        injury, illness, or advanced age.

    (e) Amounts appropriated by this Act shall not be available for--
            (1) the destruction of any healthy, unadopted, and wild 
        horse or burro under the jurisdiction of the Secretary concerned 
        (including a contractor); or
            (2) the sale of a wild horse or burro that results in the 
        destruction of the wild horse or burro for processing into a 
        commercial product.

   forest service facility realignment and enhancement authorization 
                                extension

    Sec. 418.  Section 503(f) <<NOTE: Applicability. 16 USC 580d 
note.>>  of Public Law 109-54 (16 U.S.C. 580d note) shall be applied by 
substituting ``September 30, 2022'' for ``September 30, 2019''.

                     use of american iron and steel

    Sec. 419. (a)(1) None of the funds made available by a State water 
pollution control revolving fund as authorized by section 1452 of the 
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project 
for the construction, alteration, maintenance, or repair of a public 
water system or treatment works unless all of the iron and steel 
products used in the project are produced in the United States.
    (2) <<NOTE: Definition.>>  In this section, the term ``iron and 
steel'' products means the following products made primarily of iron or 
steel: lined or unlined pipes and fittings, manhole covers and other 
municipal castings, hydrants, tanks, flanges, pipe clamps and 
restraints, valves, structural steel, reinforced precast concrete, and 
construction materials.

    (b) Subsection (a) shall not apply in any case or category of cases 
in which the Administrator of the Environmental Protection Agency (in 
this section referred to as the ``Administrator'') finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron and steel products are not produced in the United 
        States in sufficient and reasonably available quantities and of 
        a satisfactory quality; or
            (3) inclusion of iron and steel products produced in the 
        United States will increase the cost of the overall project by 
        more than 25 percent.

    (c) <<NOTE: Waiver. Public information. Records. Deadline.>>  If the 
Administrator receives a request for a waiver under this section, the 
Administrator shall make available to the public on an informal basis a 
copy of the request and information available to the Administrator 
concerning the request, and shall allow for informal public input on the 
request for at least 15 days prior to making a finding based on the 
request. <<NOTE: Web posting.>>  The Administrator shall make the 
request and accompanying information available by electronic means, 
including on the official public Internet Web site of the Environmental 
Protection Agency.

    (d) <<NOTE: Applicability.>>  This section shall be applied in a 
manner consistent with United States obligations under international 
agreements.

[[Page 136 STAT. 415]]

    (e) The Administrator may retain up to 0.25 percent of the funds 
appropriated in this Act for the Clean and Drinking Water State 
Revolving Funds for carrying out the provisions described in subsection 
(a)(1) for management and oversight of the requirements of this section.

 local cooperator training agreements and transfers of excess equipment 
                       and supplies for wildfires

    Sec. 420.  The Secretary <<NOTE: Grants.>>  of the Interior is 
authorized to enter into grants and cooperative agreements with 
volunteer fire departments, rural fire departments, rangeland fire 
protection associations, and similar organizations to provide for 
wildland fire training and equipment, including supplies and 
communication devices. Notwithstanding section 121(c) of title 40, 
United States Code, or section 521 of title 40, United States Code, the 
Secretary is further authorized to transfer title to excess Department 
of the Interior firefighting equipment no longer needed to carry out the 
functions of the Department's wildland fire management program to such 
organizations.

                             recreation fees

    Sec. 421.  Section 810 <<NOTE: Applicability. 16 USC 6809 note.>>  
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall 
be applied by substituting ``October 1, 2023'' for ``September 30, 
2019''.

                        reprogramming guidelines

    Sec. 422.  None of the funds <<NOTE: Advance approval.>>  made 
available in this Act, in this and prior fiscal years, may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).

                            local contractors

    Sec. 423.  Section 412 <<NOTE: Applicability. 16 USC 565a-1 note.>>  
of division E of Public Law 112-74 shall be applied by substituting 
``fiscal year 2022'' for ``fiscal year 2019''.

       shasta-trinity marina fee authority authorization extension

    Sec. 424.  Section 422 <<NOTE: Applicability.>>  of division F of 
Public Law 110-161 (121 Stat 1844), as amended, shall be applied by 
substituting ``fiscal year 2022'' for ``fiscal year 2019''.

            interpretive association authorization extension

    Sec. 425.  Section 426 <<NOTE: Applicability.>>  of division G of 
Public Law 113-76 (16 U.S.C. 565a-1 note) shall be applied by 
substituting ``September 30, 2022'' for ``September 30, 2019''.

              puerto rico schooling authorization extension

    Sec. 426.  The authority provided by the 19th unnumbered paragraph 
under heading ``Administrative Provisions, Forest

[[Page 136 STAT. 416]]

Service'' in title III of Public Law 109-54, as amended, shall be 
applied by substituting ``fiscal year 2022'' for ``fiscal year 2019''.

    forest botanical products fee collection authorization extension

    Sec. 427.  Section 339 <<NOTE: Applicability. 16 USC 528 note.>>  of 
the Department of the Interior and Related Agencies Appropriations Act, 
2000 (as enacted into law by Public Law 106-113; 16 U.S.C. 528 note), as 
amended by section 335(6) of Public Law 108-108 and section 432 of 
Public Law 113-76, shall be applied by substituting ``fiscal year 2022'' 
for ``fiscal year 2019''.

                              chaco canyon

    Sec. 428.  None of the funds made available by this Act may be used 
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et 
seq., or to offer for oil and gas leasing, any Federal lands within the 
withdrawal area identified on the map of the Chaco Culture National 
Historical Park prepared by the Bureau of Land Management and dated 
April 2, 2019, prior to the completion of the cultural resources 
investigation identified in the explanatory statement described in 
section 4 in the matter preceding division A of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260).

                              tribal leases

    Sec. 429. (a) <<NOTE: Effective date.>>  Notwithstanding any other 
provision of law, in the case of any lease under section 105(l) of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
5324(l)), the initial lease term shall commence no earlier than the date 
of receipt of the lease proposal.

    (b) <<NOTE: Consultation.>>  The Secretaries of the Interior and 
Health and Human Services shall, jointly or separately, during fiscal 
year 2022 consult with tribes and tribal organizations through public 
solicitation and other means regarding the requirements for leases under 
section 105(l) of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent 
process for the payment of such leases.

                forest ecosystem health and recovery fund

    Sec. 430.  The authority <<NOTE: Applicability.>>  provided under 
the heading ``Forest Ecosystem Health and Recovery Fund'' in title I of 
Public Law 111-88, as amended by section 117 of division F of Public Law 
113-235, shall be applied by substituting ``fiscal year 2022'' for 
``fiscal year 2020'' each place it appears.

     allocation of projects, national parks and public land legacy 
          restoration fund and land and water conservation fund

    Sec. 431. (a)(1) <<NOTE: Deadlines. 54 USC 200303 note.>>  Within 45 
days of enactment of this Act, the Secretary of the Interior shall 
allocate amounts made available from the National Parks and Public Land 
Legacy Restoration Fund for fiscal year 2022 pursuant to subsection (c) 
of section 200402 of title 54, United States Code, and as provided in 
subsection

[[Page 136 STAT. 417]]

(e) of such section of such title, to the agencies of the Department of 
the Interior and the Department of Agriculture specified, in the amounts 
specified, for the stations and unit names specified, and for the 
projects and activities specified in the table titled ``Allocation of 
Funds: National Parks and Public Land Legacy Restoration Fund Fiscal 
Year 2022'' in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).
            (2) Within 45 days of enactment of this Act, the Secretary 
        of the Interior and the Secretary of Agriculture, as 
        appropriate, shall allocate amounts made available for 
        expenditure from the Land and Water Conservation Fund for fiscal 
        year 2022 pursuant to subsection (a) of section 200303 of title 
        54, United States Code, to the agencies and accounts specified, 
        in the amounts specified, and for the projects and activities 
        specified in the table titled ``Allocation of Funds: Land and 
        Water Conservation Fund Fiscal Year 2022'' in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act).

    (b) Except as otherwise provided by subsection (c) of this section, 
neither the President nor his designee may allocate any amounts that are 
made available for any fiscal year under subsection (c) of section 
200402 of title 54, United States Code, or subsection (a) of section 
200303 of title 54, United States Code, other than in amounts and for 
projects and activities that are allocated by subsections (a)(1) and 
(a)(2) of this section:  Provided, That in any fiscal year, the matter 
preceding this proviso shall not apply to the allocation of amounts for 
continuing administration of programs allocated funds from the National 
Parks and Public Land Legacy Restoration Fund or the Land and Water 
Conservation Fund, which may be allocated only in amounts that are no 
more than the allocation for such purposes in subsections (a)(1) and 
(a)(2) of this section.
    (c) The Secretary of the Interior and the Secretary of Agriculture 
may reallocate amounts from each agency's ``Contingency Fund'' line in 
the table titled ``Allocation of Funds: National Parks and Public Land 
Legacy Restoration Fund Fiscal Year 2022'' to any project funded by the 
National Parks and Public Land Legacy Restoration Fund within the same 
agency, from any fiscal year, that experienced a funding deficiency due 
to unforeseen cost overruns, in accordance with the following 
requirements:
            (1) ``Contingency Fund'' amounts may only be reallocated if 
        there is a risk to project completion resulting from unforeseen 
        cost overruns;
            (2) ``Contingency Fund'' amounts may only be reallocated for 
        cost of adjustments and changes within the original scope of 
        effort for projects funded by the National Parks and Public Land 
        Legacy Restoration Fund; and
            (3) <<NOTE: Notification.>>  The Secretary of the Interior 
        or the Secretary of Agriculture must provide written 
        notification to the Committees on Appropriations 30 days before 
        taking any actions authorized by this subsection if the amount 
        reallocated from the ``Contingency Fund'' line for a project is 
        projected to be 10 percent or greater than the following, as 
        applicable:
                    (A) The amount allocated to that project in the 
                table titled ``Allocation of Funds: National Parks and 
                Public Land

[[Page 136 STAT. 418]]

                Legacy Restoration Fund Fiscal Year 2022'' in the 
                explanatory statement described in section 4 (in the 
                matter preceding division A of this consolidated Act); 
                or
                    (B) The initial estimate in the most recent report 
                submitted, prior to enactment of this Act, to the 
                Committees on Appropriations pursuant to section 434(e) 
                of Division G of the Consolidated Appropriations Act, 
                2021 (Public Law 116-260).

    (d)(1) <<NOTE: Data sheets.>>  Concurrent with the annual budget 
submission of the President for fiscal year 2023, the Secretary of the 
Interior and the Secretary of Agriculture shall each submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate project data sheets for the projects in the ``Submission of 
Annual List of Projects to Congress'' required by section 200402(h) of 
title 54, United States Code:  Provided, That the ``Submission of Annual 
List of Projects to Congress'' must include a ``Contingency Fund'' line 
for each agency within the allocations defined in subsection (e) of 
section 200402 of title 54, United States Code:  Provided further, That 
in the event amounts allocated by this Act or any prior Act for the 
National Parks and Public Land Legacy Restoration Fund are no longer 
needed to complete a specified project, such amounts may be reallocated 
in such submission to that agency's ``Contingency Fund'' line:  Provided 
further, That any proposals to change the scope of or terminate a 
previously approved project must be clearly identified in such 
submission.
            (2)(A) <<NOTE: Lists.>>  Concurrent with the annual budget 
        submission of the President for fiscal year 2023, the Secretary 
        of the Interior and the Secretary of Agriculture shall each 
        submit to the Committees on Appropriations of the House of 
        Representatives and the Senate a list of supplementary 
        allocations for Federal land acquisition and Forest Legacy 
        Projects at the National Park Service, the U.S. Fish and 
        Wildlife Service, the Bureau of Land Management, and the U.S. 
        Forest Service that are in addition to the ``Submission of Cost 
        Estimates'' required by section 200303(c)(1) of title 54, United 
        States Code, that are prioritized and detailed by account, 
        program, and project, and that total no less than half the full 
        amount allocated to each account for that land management Agency 
        under the allocations submitted under section 200303(c)(1) of 
        title 54, United States Code:  Provided, That in the event 
        amounts allocated by this Act or any prior Act pursuant to 
        subsection (a) of section 200303 of title 54, United States Code 
        are no longer needed because a project has been completed or can 
        no longer be executed, such amounts must be clearly identified 
        if proposed for reallocation in the annual budget submission.
                    (B) The Federal land acquisition and Forest Legacy 
                projects in the ``Submission of Cost Estimates'' 
                required by section 200303(c)(1) of title 54, United 
                States Code, and on the list of supplementary 
                allocations required by subparagraph (A) shall be 
                comprised only of projects for which a willing seller 
                has been identified and for which an appraisal or market 
                research has been initiated.
                    (C) Concurrent with <<NOTE: Data sheets.>>  the 
                annual budget submission of the President for fiscal 
                year 2023, the Secretary of the Interior and the 
                Secretary of Agriculture shall each submit to the 
                Committees on Appropriations of the House of 
                Representatives and the Senate project data sheets in 
                the

[[Page 136 STAT. 419]]

                same format and containing the same level of detailed 
                information that is found on such sheets in the Budget 
                Justifications annually submitted by the Department of 
                the Interior with the President's Budget for the 
                projects in the ``Submission of Cost Estimates'' 
                required by section 200303(c)(1) of title 54, United 
                States Code, and in the same format and containing the 
                same level of detailed information that is found on such 
                sheets submitted to the Committees pursuant to section 
                427 of division D of the Further Consolidated 
                Appropriations Act, 2020 (Public Law 116-94) for the 
                list of supplementary allocations required by 
                subparagraph (A).

    (e) The Department <<NOTE: Reports.>>  of the Interior and the 
Department of Agriculture shall provide the Committees on Appropriations 
of the House of Representatives and Senate quarterly reports on the 
status of balances of projects and activities funded by the National 
Parks and Public Land Legacy Restoration Fund for amounts allocated 
pursuant to subsection (a)(1) of this section and the status of balances 
of projects and activities funded by the Land and Water Conservation 
Fund for amounts allocated pursuant to subsection (a)(2) of this 
section, including all uncommitted, committed, and unobligated funds, 
and, for amounts allocated pursuant to subsection (a)(1) of this 
section, National Parks and Public Land Legacy Restoration Fund amounts 
reallocated pursuant to subsection (c) of this section.

                   policies relating to biomass energy

    Sec. 432.  To support the key role that forests in the United States 
can play in addressing the energy needs of the United States, the 
Secretary of Energy, the Secretary of Agriculture, and the Administrator 
of the Environmental Protection Agency shall, consistent with their 
missions, jointly--
            (1) ensure that Federal policy relating to forest 
        bioenergy--
                    (A) is consistent across all Federal departments and 
                agencies; and
                    (B) recognizes the full benefits of the use of 
                forest biomass for energy, conservation, and responsible 
                forest management; and
            (2) establish clear and simple policies for the use of 
        forest biomass as an energy solution, including policies that--
                    (A) reflect the carbon neutrality of forest 
                bioenergy and recognize biomass as a renewable energy 
                source, provided the use of forest biomass for energy 
                production does not cause conversion of forests to non-
                forest use;
                    (B) encourage private investment throughout the 
                forest biomass supply chain, including in--
                          (i) working forests;
                          (ii) harvesting operations;
                          (iii) forest improvement operations;
                          (iv) forest bioenergy production;
                          (v) wood products manufacturing; or
                          (vi) paper manufacturing;
                    (C) encourage forest management to improve forest 
                health; and
                    (D) recognize State initiatives to produce and use 
                forest biomass.

[[Page 136 STAT. 420]]

                        small remote incinerators

    Sec. 433.  None of the funds made available in this Act may be used 
to implement or enforce the regulation issued on March 21, 2011 at 40 
CFR part 60 subparts CCCC and DDDD with respect to units in the State of 
Alaska that are defined as ``small, remote incinerator'' units in those 
regulations and, until a subsequent regulation is issued, the 
Administrator shall implement the law and regulations in effect prior to 
such date.

                        timber sale requirements

    Sec. 434.  No timber sale in Alaska's Region 10 shall be advertised 
if the indicated rate is deficit (defined as the value of the timber is 
not sufficient to cover all logging and stumpage costs and provide a 
normal profit and risk allowance under the Forest Service's appraisal 
process) when appraised using a residual value appraisal. The western 
red cedar timber from those sales which is surplus to the needs of the 
domestic processors in Alaska, shall be made available to domestic 
processors in the contiguous 48 United States at prevailing domestic 
prices. All additional western red cedar volume not sold to Alaska or 
contiguous 48 United States domestic processors may be exported to 
foreign markets at the election of the timber sale holder. All Alaska 
yellow cedar may be sold at prevailing export prices at the election of 
the timber sale holder.

 transfer authority to federal highway administration for the national 
              parks and public land legacy restoration fund

    Sec. 435.  Funds made available or allocated in this Act or the 
Consolidated Appropriations Act, 2021 (Public Law 116-260) to the 
Department of the Interior or the Department of Agriculture that are 
subject to the allocations and limitations in 54 U.S.C. 200402(e) and 
prohibitions in 54 U.S.C. 200402(f) may be further allocated or 
reallocated to the Federal Highway Administration for transportation 
projects of the covered agencies defined in 54 U.S.C. 200401(2).

                       prohibition on use of funds

    Sec. 436.  Notwithstanding any other provision of law, none of the 
funds made available in this Act or any other Act may be used to 
promulgate or implement any regulation requiring the issuance of permits 
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 
dioxide, nitrous oxide, water vapor, or methane emissions resulting from 
biological processes associated with livestock production.

                  greenhouse gas reporting restrictions

    Sec. 437.  Notwithstanding any other provision of law, none of the 
funds made available in this or any other Act may be used to implement 
any provision in a rule, if that provision requires mandatory reporting 
of greenhouse gas emissions from manure management systems.

[[Page 136 STAT. 421]]

                           funding prohibition

    Sec. 438.  None of the funds made available by this or any other Act 
may be used to regulate the lead content of ammunition, ammunition 
components, or fishing tackle under the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.) or any other law.

designation of lewis peak <<NOTE: California.>> 

    Sec. 439.  The unnamed sub-peak of Mount Whitney, adjacent to 
``Crooks Peak'', and located at 36 34' 24'' N, 118 17' 23'' W in the 
Inyo National Forest in the State of California shall be known and 
designated as ``Lewis Peak''. Any reference in any law, regulation, 
document, record, map, or other paper of the United States to the peak 
shall be considered to be a reference to ``Lewis Peak''.

                  wildland fire administrative funding

    Sec. 440.  The sixth proviso under the heading ``Department of the 
Interior--Department-Wide Programs--Wildland Fire Management'' in title 
VI of division J of Public Law <<NOTE: 135 Stat. 1394.>>  117-58 is 
amended by striking ``salaries, expenses, and'':  Provided, That amounts 
repurposed pursuant to this section that were previously designated by 
the Congress as an emergency requirement pursuant to section 4112(a) of 
H. Con. Res. 71 (115th Congress), the concurrent resolution on the 
budget for fiscal year 2018, and to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 are designated by the 
Congress as an emergency requirement pursuant to section 4001(a)(1) and 
section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022.

    This division may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2022''.

 DIVISION H--DEPARTMENTS OF LABOR, <<NOTE: Departments of Labor, Health 
 and Human Services, and Education, and Related Agencies Appropriations 
     Act, 2022. Department of Labor Appropriations Act, 2022. Time 
   periods.>>  HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2022

                                 TITLE I

                           DEPARTMENT OF LABOR

                 EMPLOYMENT AND TRAINING ADMINISTRATION

                    training and employment services

    For necessary expenses of the Workforce Innovation and Opportunity 
Act (referred to in this Act as ``WIOA'') and the National 
Apprenticeship Act, $3,912,338,000, plus reimbursements, shall be 
available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,879,332,000 as follows:
                    (A) $870,649,000 for adult employment and training 
                activities, of which $158,649,000 shall be available for 
                the period July 1, 2022 through June 30, 2023, and of 
                which

[[Page 136 STAT. 422]]

                $712,000,000 shall be available for the period October 
                1, 2022 through June 30, 2023;
                    (B) $933,130,000 for youth activities, which shall 
                be available for the period April 1, 2022 through June 
                30, 2023; and
                    (C) $1,075,553,000 for dislocated worker employment 
                and training activities, of which $215,553,000 shall be 
                available for the period July 1, 2022 through June 30, 
                2023, and of which $860,000,000 shall be available for 
                the period October 1, 2022 through June 30, 2023:
          Provided, That the funds available for allotment to outlying 
        areas to carry out subtitle B of title I of the WIOA shall not 
        be subject to the requirements of section 127(b)(1)(B)(ii) of 
        such Act; and
            (2) for national programs, $1,033,006,000 as follows:
                    (A) $300,859,000 for the dislocated workers 
                assistance national reserve, of which $100,859,000 shall 
                be available for the period July 1, 2022 through 
                September 30, 2023, and of which $200,000,000 shall be 
                available for the period October 1, 2022 through 
                September 30, 2023:  Provided, That funds 
                provided <<NOTE: Coordination.>>  to carry out section 
                132(a)(2)(A) of the WIOA may be used to provide 
                assistance to a State for statewide or local use in 
                order to address cases where there have been worker 
                dislocations across multiple sectors or across multiple 
                local areas and such workers remain dislocated; 
                coordinate the State workforce development plan with 
                emerging economic development needs; and train such 
                eligible dislocated workers:  Provided further, That 
                funds provided to carry out sections 168(b) and 169(c) 
                of the WIOA may be used for technical assistance and 
                demonstration projects, respectively, that provide 
                assistance to new entrants in the workforce and 
                incumbent workers:  Provided further, That 
                notwithstanding section 168(b) of the WIOA, of the funds 
                provided under this subparagraph, the Secretary of Labor 
                (referred to in this title as ``Secretary'') may reserve 
                not more than 10 percent of such funds to provide 
                technical assistance and carry out additional activities 
                related to the transition to the WIOA:  Provided 
                further, That of the funds provided under this 
                subparagraph, $95,000,000 shall be for training and 
                employment assistance under sections 168(b), 169(c) 
                (notwithstanding the 10 percent limitation in such 
                section) and 170 of the WIOA as follows:
                          (i) $45,000,000 shall be for workers in the 
                      Appalachian region, as defined by 40 U.S.C. 
                      14102(a)(1), workers in the Lower Mississippi, as 
                      defined in section 4(2) of the Delta Development 
                      Act (Public Law 100-460, 102 Stat. 2246; 7 U.S.C. 
                      2009aa(2)), and workers in the region served by 
                      the Northern Border Regional Commission, as 
                      defined by 40 U.S.C. 15733; and
                          (ii) $50,000,000 shall be for the purpose of 
                      developing, offering, or improving educational or 
                      career training programs at community colleges, 
                      defined as public institutions of higher 
                      education, as described in section 101(a) of the 
                      Higher Education Act of 1965 and at which the 
                      associate's degree is primarily the highest degree 
                      awarded, with other eligible institutions

[[Page 136 STAT. 423]]

                      of higher education, as defined in section 101(a) 
                      of the Higher Education Act of 1965, eligible to 
                      participate through consortia, with community 
                      colleges as the lead 
                      grantee: <<NOTE: Requirements.>>   Provided, That 
                      the Secretary shall follow the requirements for 
                      the program in House Report 116-62:  Provided 
                      further, That any grant funds used for 
                      apprenticeships shall be used to support only 
                      apprenticeship programs registered under the 
                      National Apprenticeship Act and as referred to in 
                      section 3(7)(B) of the WIOA;
                    (B) $57,000,000 for Native American programs under 
                section 166 of the WIOA, which shall be available for 
                the period July 1, 2022 through June 30, 2023;
                    (C) $95,396,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIOA, including 
                $88,283,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $6,456,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $657,000 for other discretionary 
                purposes, which shall be available for the period April 
                1, 2022 through June 30, 2023:  Provided, That 
                notwithstanding any other provision of law or related 
                regulation, the Department of Labor shall take no action 
                limiting the number or proportion of eligible 
                participants receiving related assistance services or 
                discouraging grantees from providing such services:  
                Provided further, That notwithstanding the definition of 
                ``eligible seasonal farmworker'' in section 167(i)(3)(A) 
                of the WIOA relating to an individual being ``low-
                income'', an individual is eligible for migrant and 
                seasonal farmworker programs under section 167 of the 
                WIOA under that definition if, in addition to meeting 
                the requirements of clauses (i) and (ii) of section 
                167(i)(3)(A), such individual is a member of a family 
                with a total family income equal to or less than 150 
                percent of the poverty line;
                    (D) $99,034,000 for YouthBuild activities as 
                described in section 171 of the WIOA, which shall be 
                available for the period April 1, 2022 through June 30, 
                2023;
                    (E) $102,079,000 for ex-offender activities, under 
                the authority of section 169 of the WIOA, which shall be 
                available for the period April 1, 2022 through June 30, 
                2023:  Provided, That of this amount, $25,000,000 shall 
                be for competitive grants to national and regional 
                intermediaries for activities that prepare for 
                employment young adults with criminal legal histories, 
                young adults who have been justice system-involved, or 
                young adults who have dropped out of school or other 
                educational programs, with a priority for projects 
                serving high-crime, high-poverty areas;
                    (F) $6,000,000 for the Workforce Data Quality 
                Initiative, under the authority of section 169 of the 
                WIOA, which shall be available for the period July 1, 
                2022 through June 30, 2023;
                    (G) $235,000,000 to expand opportunities through 
                apprenticeships only registered under the National 
                Apprenticeship Act and as referred to in section 3(7)(B) 
                of the WIOA, to be available to the Secretary to carry

[[Page 136 STAT. 424]]

                out activities through grants, cooperative agreements, 
                contracts and other arrangements, with States and other 
                appropriate entities, including equity intermediaries 
                and business and labor industry partner intermediaries, 
                which shall be available for the period July 1, 2022 
                through June 30, 2023; and
                    (H) $137,638,000 for carrying out Demonstration and 
                Pilot projects under section 169(c) of the WIOA, which 
                shall be available for the period April 1, 2022 through 
                June 30, 2023, in addition to funds available for such 
                activities under subparagraph (A) for the projects, and 
                in the amounts, specified in the table titled 
                ``Community Project Funding/Congressionally Directed 
                Spending'' included for this division in the explanatory 
                statement described in section 4 (in the matter 
                preceding division A of this consolidated Act):  
                Provided, That such funds may be used for projects that 
                are related to the employment and training needs of 
                dislocated workers, other adults, or youth:  Provided 
                further, That the 10 percent funding limitation under 
                such section shall not apply to such funds:  Provided 
                further, That section 169(b)(6)(C) of the WIOA shall not 
                apply to such funds:  Provided further, That sections 
                102 and 107 of this Act shall not apply to such funds.

                                job corps

                      (including transfer of funds)

    To carry out subtitle C of title I of the WIOA, including Federal 
administrative expenses, the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repairs of buildings and 
other facilities, and the purchase of real property for training centers 
as authorized by the WIOA, $1,748,655,000, plus reimbursements, as 
follows:
            (1) $1,603,325,000 for Job Corps Operations, which shall be 
        available for the period July 1, 2022 through June 30, 2023;
            (2) $113,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, which shall be available for 
        the period July 1, 2022 through June 30, 2025, and which may 
        include the acquisition, maintenance, and repair of major items 
        of equipment:  Provided, That the Secretary may transfer up to 
        15 percent of such funds to meet the operational needs of such 
        centers or to achieve administrative efficiencies:  Provided 
        further, That any funds <<NOTE: Termination date.>>  transferred 
        pursuant to the preceding provision shall not be available for 
        obligation after June 30, 2022: <<NOTE: Notification.>>   
        Provided further, That the Committees on Appropriations of the 
        House of Representatives and the Senate are notified at least 15 
        days in advance of any transfer; and
            (3) $32,330,000 for necessary expenses of Job Corps, which 
        shall be available for obligation for the period October 1, 2021 
        through September 30, 2022:

  Provided, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers.

[[Page 136 STAT. 425]]

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (referred to 
in this Act as ``OAA''), $405,000,000, which shall be available for the 
period April 1, 2022 through June 30, 2023, and may be recaptured and 
reobligated in accordance with section 517(c) of the OAA.

              federal unemployment benefits and allowances

    For payments during fiscal year 2022 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, and including benefit payments, allowances, training, employment 
and case management services, and related State administration provided 
pursuant to section 231(a) of the Trade Adjustment Assistance Extension 
Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension 
Act of 2015, and section 285(a)(2) of the Trade Act of 1974 (as amended 
by section 406(a)(7) of the Trade Preferences Extension Act of 2015), 
$540,000,000 together with such amounts as may be necessary to be 
charged to the subsequent appropriation for payments for any period 
subsequent to September 15, 2022:  Provided, That notwithstanding 
section 502 of this Act, any part of the appropriation provided under 
this heading may remain available for obligation beyond the current 
fiscal year pursuant to the authorities of section 245(c) of the Trade 
Act of 1974 (19 U.S.C. 2317(c)).

     state unemployment insurance and employment service operations

                      (including transfer of funds)

    For authorized administrative expenses, $84,066,000, together with 
not to exceed $3,627,265,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which--
            (1) $2,850,816,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including not less than $250,000,000 to carry out reemployment 
        services and eligibility assessments under section 306 of such 
        Act, any claimants of regular compensation, as defined in such 
        section, including those who are profiled as most likely to 
        exhaust their benefits, may be eligible for such services and 
        assessments:  Provided, That of such amount, $117,000,000 is 
        specified for grants under section 306 of the Social Security 
        Act and is provided to meet the terms of section 4004(b)(4)(B) 
        and section 4005(d)(2) of S. Con. Res. 14 (117th Congress), the 
        concurrent resolution on the budget for fiscal year 2022, and 
        $133,000,000 is additional new budget authority specified for 
        purposes of section 4004(b)(4) and section 4005(d) of such 
        resolution; and $9,000,000 for continued support of the 
        Unemployment Insurance Integrity Center of Excellence), the 
        administration of unemployment insurance for Federal

[[Page 136 STAT. 426]]

        employees and for ex-service members as authorized under 5 
        U.S.C. 8501-8523, and the administration of trade readjustment 
        allowances, reemployment trade adjustment assistance, and 
        alternative trade adjustment assistance under the Trade Act of 
        1974 and under section 231(a) of the Trade Adjustment Assistance 
        Extension Act of 2011, sections 405(a) and 406 of the Trade 
        Preferences Extension Act of 2015, and section 285(a)(2) of the 
        Trade Act of 1974 (as amended by section 406(a)(7) of the Trade 
        Preferences Extension Act of 2015), and shall be available for 
        obligation by the States through December 31, 2022, except that 
        funds used for automation shall be available for Federal 
        obligation through December 31, 2022, and for State obligation 
        through September 30, 2024, or, if the automation is being 
        carried out through consortia of States, for State obligation 
        through September 30, 2028, and for expenditure through 
        September 30, 2029, and funds for competitive grants awarded to 
        States for improved operations and to conduct in-person 
        reemployment and eligibility assessments and unemployment 
        insurance improper payment reviews and provide reemployment 
        services and referrals to training, as appropriate, shall be 
        available for Federal obligation through December 31, 2022 
        (except that funds for outcome payments pursuant to section 
        306(f)(2) of the Social Security Act shall be available for 
        Federal obligation through March 31, 2023), and for obligation 
        by the States through September 30, 2024, and funds for the 
        Unemployment Insurance Integrity Center of Excellence shall be 
        available for obligation by the State through September 30, 
        2023, and funds used for unemployment insurance workloads 
        experienced through September 30, 2022 shall be available for 
        Federal obligation through December 31, 2022;
            (2) $18,000,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $653,639,000 from the Trust Fund, together with 
        $21,413,000 from the General Fund of the Treasury, is for grants 
        to States in accordance with section 6 of the Wagner-Peyser Act, 
        and shall be available for Federal obligation for the period 
        July 1, 2022 through June 30, 2023;
            (4) $25,000,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986 (including assisting States in 
        adopting or modernizing information technology for use in the 
        processing of certification requests), and the provision of 
        technical assistance and staff training under the Wagner-Peyser 
        Act;
            (5) $79,810,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and related 
        laws, of which $58,528,000 shall be available for the Federal 
        administration of such activities, and $21,282,000 shall be 
        available for grants to States for the administration of such 
        activities; and
            (6) $62,653,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and shall be 
        available for Federal obligation for the period July 1, 2022 
        through June 30, 2023, of which up to $9,800,000 may be

[[Page 136 STAT. 427]]

        used to carry out research and demonstration projects related to 
        testing effective ways to promote greater labor force 
        participation of people with disabilities:  Provided, That the 
        Secretary may transfer amounts made available for research and 
        demonstration projects under this paragraph to the ``Office of 
        Disability Employment Policy'' account for such purposes:

  Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2022 is projected by the 
Department of Labor to exceed 2,208,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act:  Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other States 
in carrying out activities under such title III if the other States 
include areas that have suffered a major disaster declared by the 
President under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act:  Provided further, That the Secretary may use funds 
appropriated for grants to States under title III of the Social Security 
Act to make payments on behalf of States for the use of the National 
Directory of New Hires under section 453(j)(8) of such Act:  Provided 
further, That the Secretary may use funds appropriated for grants to 
States under title III of the Social Security Act to make payments on 
behalf of States to the entity operating the State Information Data 
Exchange System: <<NOTE: Contracts. Grants.>>   Provided further, That 
funds appropriated in this Act which are used to establish a national 
one-stop career center system, or which are used to support the national 
activities of the Federal-State unemployment insurance, employment 
service, or immigration programs, may be obligated in contracts, grants, 
or agreements with States and non-State entities:  Provided further, 
That States awarded <<NOTE: Grants.>>  competitive grants for improved 
operations under title III of the Social Security Act, or awarded grants 
to support the national activities of the Federal-State unemployment 
insurance system, may award subgrants to other States and non-State 
entities under such grants, subject to the conditions applicable to the 
grants:  Provided further, That funds appropriated under this Act for 
activities authorized under title III of the Social Security Act and the 
Wagner-Peyser Act may be used by States to fund integrated Unemployment 
Insurance and Employment Service automation efforts, notwithstanding 
cost allocation principles prescribed under the final rule entitled 
``Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards'' at part 200 of title 2, Code of 
Federal Regulations:  Provided further, That the 
Secretary, <<NOTE: Reallotment.>>  at the request of a State 
participating in a consortium with other States, may reallot funds 
allotted to such State under title III of the Social Security Act to 
other States participating in the consortium or to the entity operating 
the Unemployment Insurance Information Technology Support Center in 
order to carry out activities that benefit the administration of the 
unemployment compensation law of the State making the request:  Provided 
further, That the Secretary <<NOTE: Fees.>>  may collect fees for the 
costs associated with additional data collection, analyses, and 
reporting services relating to the National Agricultural Workers Survey 
requested by State and local governments, public and private 
institutions of higher education, and nonprofit organizations

[[Page 136 STAT. 428]]

and may utilize such sums, in accordance with the provisions of 29 
U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, 
methodology, and data to meet the information collection and reporting 
needs of such entities, which shall be credited to this appropriation 
and shall remain available until September 30, 2023, for such purposes.

         advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the Black 
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the 
Internal Revenue Code of 1986; and for nonrepayable advances to the 
revolving fund established by section 901(e) of the Social Security Act, 
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to 
the ``Federal Unemployment Benefits and Allowances'' account, such sums 
as may be necessary, which shall be available for obligation through 
September 30, 2023.

                         program administration

    For expenses of administering employment and training programs, 
$112,934,000, together with not to exceed $51,481,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                Employee Benefits Security Administration

                          salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $185,500,000, of which up to $3,000,000 shall be made 
available through September 30, 2023, for the procurement of expert 
witnesses for enforcement litigation.

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

    The Pension Benefit <<NOTE: Contracts.>>  Guaranty Corporation 
(``Corporation'') is authorized to make such expenditures, including 
financial assistance authorized by subtitle E of title IV of the 
Employee Retirement Income Security Act of 1974, within limits of funds 
and borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to fiscal 
year limitations, as provided by 31 U.S.C. 9104, as may be necessary in 
carrying out the program, including associated administrative expenses, 
through September 30, 2022, for the Corporation:  Provided, That none of 
the funds available to the Corporation for fiscal year 2022 shall be 
available for obligations for administrative expenses in excess of 
$472,955,000:  Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2022, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2026, for 
obligations for administrative expenses for every 20,000 additional 
terminated participants:  Provided further, That 
obligations <<NOTE: Approval. Notification.>>  in excess of the amounts 
provided for administrative expenses in this paragraph may be

[[Page 136 STAT. 429]]

incurred and shall be available through September 30, 2026 for 
obligation for unforeseen and extraordinary pre-termination or 
termination expenses or extraordinary multiemployer program related 
expenses after approval by the Office of Management and Budget and 
notification of the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That an additional 
amount shall be available for obligation through September 30, 2026 to 
the extent the Corporation's costs exceed $250,000 for the provision of 
credit or identity monitoring to affected individuals upon suffering a 
security incident or privacy breach, not to exceed an additional $100 
per affected individual.

                         Wage and Hour Division

                          salaries and expenses

    For necessary expenses for the Wage and Hour Division, including 
reimbursement to State, Federal, and local agencies and their employees 
for inspection services rendered, $251,000,000.

                  Office of Labor-management Standards

                          salaries and expenses

    For necessary expenses for the Office of Labor-Management Standards, 
$45,937,000.

             Office of Federal Contract Compliance Programs

                          salaries and expenses

    For necessary expenses for the Office of Federal Contract Compliance 
Programs, $108,476,000.

                Office of Workers' Compensation Programs

                          salaries and expenses

    For necessary expenses for the Office of Workers' Compensation 
Programs, $117,924,000, together with $2,205,000 which may be expended 
from the Special Fund in accordance with sections 39(c), 44(d), and 
44(j) of the Longshore and Harbor Workers' Compensation Act.

                            special benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses not otherwise authorized) accruing during the 
current or any prior fiscal year authorized by 5 U.S.C. 81; continuation 
of benefits as provided for under the heading ``Civilian War Benefits'' 
in the Federal Security Agency Appropriation Act, 1947; the Employees' 
Compensation Commission Appropriation Act, 1944; section 5(f) of the War 
Claims Act (50 U.S.C. App. 2012); obligations incurred under the War 
Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the 
additional compensation and benefits required by section 10(h) of the

[[Page 136 STAT. 430]]

Longshore and Harbor Workers' Compensation Act, $244,000,000, together 
with such amounts as may be necessary to be charged to the subsequent 
year appropriation for the payment of compensation and other benefits 
for any period subsequent to August 15 of the current year, for deposit 
into and to assume the attributes of the Employees' Compensation Fund 
established under 5 U.S.C. 8147(a):  Provided, That amounts appropriated 
may be used under 5 U.S.C. 8104 by the Secretary to reimburse an 
employer, who is not the employer at the time of injury, for portions of 
the salary of a re-employed, disabled 
beneficiary: <<NOTE: Reimbursements.>>   Provided further, That balances 
of reimbursements unobligated on September 30, 2021, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: <<NOTE: Determination.>>   Provided further, That in addition 
there shall be transferred to this appropriation from the Postal Service 
and from any other corporation or instrumentality required under 5 
U.S.C. 8147(c) to pay an amount for its fair share of the cost of 
administration, such sums as the Secretary determines to be the cost of 
administration for employees of such fair share entities through 
September 30, 2022:  Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $80,920,000 
shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems operations and telecommunications systems, 
        $27,445,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $25,859,000;
            (3) For periodic roll disability management and medical 
        review, $25,860,000;
            (4) For program integrity, $1,756,000; and
            (5) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:

  Provided further, That the Secretary may require that any person 
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or 
the Longshore and Harbor Workers' Compensation Act, provide as part of 
such notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

                special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $32,970,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2023, $11,000,000, to remain available until expended.

     administrative expenses, energy employees occupational illness 
                            compensation fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $63,428,000, to remain 
available until expended:  Provided, That the Secretary may

[[Page 136 STAT. 431]]

require that any person filing a claim for benefits under the Act 
provide as part of such claim such identifying information (including 
Social Security account number) as may be prescribed.

                    black lung disability trust fund

                      (including transfer of funds)

    Such sums <<NOTE: 26 USC 9501 note.>>  as may be necessary from the 
Black Lung Disability Trust Fund (the ``Fund''), to remain available 
until expended, for payment of all benefits authorized by section 
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and 
repayment of, and payment of interest on advances, as authorized by 
section 9501(d)(4) of that Act. In addition, the following amounts may 
be expended from the Fund for fiscal year 2022 for expenses of operation 
and administration of the Black Lung Benefits program, as authorized by 
section 9501(d)(5): not to exceed $41,464,000 for transfer to the Office 
of Workers' Compensation Programs, ``Salaries and Expenses''; not to 
exceed $37,598,000 for transfer to Departmental Management, ``Salaries 
and Expenses''; not to exceed $342,000 for transfer to Departmental 
Management, ``Office of Inspector General''; and not to exceed $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

              Occupational Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $612,015,000, including not to exceed $113,000,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act (the ``Act''), which 
grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $499,000 per fiscal year of 
training institute course tuition and fees, otherwise authorized by law 
to be collected, and may utilize such sums for occupational safety and 
health training and education:  Provided, That <<NOTE: Fees.>>  
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the 
fiscal year ending September 30, 2022, to collect and retain fees for 
services provided to Nationally Recognized Testing Laboratories, and may 
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace:  Provided further, That <<NOTE: Farms and farming.>>  none of 
the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Act which is applicable to any person who 
is engaged in a farming operation which does not maintain a temporary 
labor camp and employs 10 or fewer employees:  Provided further, 
That <<NOTE: Small businesses.>>  no funds appropriated under this 
paragraph shall be obligated or expended to administer or enforce any 
standard, rule, regulation, or order under the Act with respect to any 
employer of 10 or fewer employees who is included within

[[Page 136 STAT. 432]]

a category having a Days Away, Restricted, or Transferred (``DART'') 
occupational injury and illness rate, at the most precise industrial 
classification code for which such data are published, less than the 
national average rate as such rates are most recently published by the 
Secretary, acting through the Bureau of Labor Statistics, in accordance 
with section 24 of the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by the Act with respect to 
        imminent dangers;
            (4) to take any action authorized by the Act with respect to 
        health hazards;
            (5) to take any action authorized by the Act with respect to 
        a report of an employment accident which is fatal to one or more 
        employees or which results in hospitalization of two or more 
        employees, and to take any action pursuant to such investigation 
        authorized by the Act; and
            (6) to take any action authorized by the Act with respect to 
        complaints of discrimination against employees for exercising 
        rights under the Act:

  Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees:  Provided 
further, That $11,787,000 <<NOTE: Deadline. Time period.>>  shall be 
available for Susan Harwood training grants, of which not more than 
$6,500,000 is for Susan Harwood Training Capacity Building Developmental 
grants, for program activities starting not later than September 30, 
2022 and lasting for a period of 12 months:  Provided further, That not 
less than $3,500,000 shall be for Voluntary Protection Programs.

                  Mine Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $383,816,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities and not less than 
$10,537,000 for State assistance grants:  Provided, That notwithstanding 
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National 
Mine Health and Safety Academy for room, board, tuition, and the sale of 
training materials, otherwise authorized by law to be collected, to be 
available for mine safety and health education and training 
activities: <<NOTE: 30 USC 966 note.>>   Provided further, That 
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health 
Administration is authorized to collect and retain up to $2,499,000 from 
fees collected for the approval and certification of equipment, 
materials, and explosives for use in mines, and may utilize such sums 
for such activities:  Provided further, That <<NOTE: 30 USC 962.>>  the 
Secretary is

[[Page 136 STAT. 433]]

authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or private:  
Provided further, That <<NOTE: 30 USC 962.>>  the Mine Safety and Health 
Administration is authorized to promote health and safety education and 
training in the mining community through cooperative programs with 
States, industry, and safety associations: <<NOTE: 30 USC 962.>>   
Provided further, That the Secretary is authorized to recognize the 
Joseph A. Holmes Safety Association as a principal safety association 
and, notwithstanding any other provision of law, may provide funds and, 
with or without reimbursement, personnel, including service of Mine 
Safety and Health Administration officials as officers in local chapters 
or in the national organization:  Provided further, That <<NOTE: 30 USC 
962.>>  any funds available to the Department of Labor may be used, with 
the approval of the Secretary, to provide for the costs of mine rescue 
and survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

                          salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, including 
advances or reimbursements to State, Federal, and local agencies and 
their employees for services rendered, $619,952,000, together with not 
to exceed $68,000,000 which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund.
    Within this amount, $28,470,000 for costs associated with the 
physical move of the Bureau of Labor Statistics' headquarters, including 
replication of space, furniture, fixtures, equipment, and related costs 
shall remain available until September 30, 2026.

                 Office of Disability Employment Policy

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $40,500,000, of which not 
less than $9,000,000 shall be for research and demonstration projects 
related to testing effective ways to promote greater labor force 
participation of people with disabilities:  Provided, That the Secretary 
may transfer amounts made available under this heading for research and 
demonstration projects to the ``State Unemployment Insurance and 
Employment Service Operations'' account for such purposes.

                         Departmental Management

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three passenger motor vehicles, $367,389,000,

[[Page 136 STAT. 434]]

together with not to exceed $308,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund:  Provided, That $74,525,000 for the Bureau of International Labor 
Affairs shall be available for obligation through December 31, 2022:  
Provided further, That <<NOTE: Contracts. Grants.>>  funds available to 
the Bureau of International Labor Affairs may be used to administer or 
operate international labor activities, bilateral and multilateral 
technical assistance, and microfinance programs, by or through 
contracts, grants, subgrants and other arrangements:  Provided further, 
That not less than $30,175,000 shall be for programs to combat 
exploitative child labor internationally and not less than $30,175,000 
shall be used to implement model programs that address worker rights 
issues through technical assistance in countries with which the United 
States has free trade agreements or trade preference programs:  Provided 
further, That $8,281,000 shall be used for program evaluation and shall 
be available for obligation through September 30, 2023:  Provided 
further, That funds available for program evaluation may be used to 
administer grants for the purpose of evaluation: <<NOTE: Grants.>>   
Provided further, That grants made for the purpose of evaluation shall 
be awarded through fair and open competition:  Provided further, That 
funds available for program evaluation may be transferred to any other 
appropriate account in the Department for such 
purpose: <<NOTE: Notification. Time period.>>   Provided further, That 
the Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer:  
Provided further, That the funds available to the Women's Bureau may be 
used for grants to serve and promote the interests of women in the 
workforce:  Provided further, That of the amounts made available to the 
Women's Bureau, not less than $2,500,000 shall be used for grants 
authorized by the Women in Apprenticeship and Nontraditional Occupations 
Act.

                    veterans' employment and training

    Not to exceed $264,841,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of chapters 41, 42, and 43 of title 38, United States 
Code, of which--
            (1) $183,000,000 is for Jobs for Veterans State grants under 
        38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach 
        program specialists under section 4103A of such title and local 
        veterans' employment representatives under section 4104(b) of 
        such title, and for the expenses described in section 
        4102A(b)(5)(C), which shall be available for expenditure by the 
        States through September 30, 2024, and not to exceed 3 percent 
        for the necessary Federal expenditures for data systems and 
        contract support to allow for the tracking of participant and 
        performance information:  Provided, That, in addition, such 
        funds may be used to support such specialists and 
        representatives in the provision of services to transitioning 
        members of the Armed Forces who have participated in the 
        Transition Assistance Program and have been identified as in 
        need of intensive services, to members of the Armed Forces who 
        are wounded, ill, or injured and receiving treatment in military 
        treatment facilities or warrior transition units, and to the 
        spouses or other family caregivers of such wounded, ill, or 
        injured members;

[[Page 136 STAT. 435]]

            (2) $32,379,000 is for carrying out the Transition 
        Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
            (3) $46,048,000 is for Federal administration of chapters 
        41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of 
        title 38, United States Code:  Provided, That, up to $500,000 
        may be used to carry out the Hire VETS Act (division O of Public 
        Law 115-31); and
            (4) $3,414,000 is for the National Veterans' Employment and 
        Training Services Institute under 38 U.S.C. 4109:

  Provided, That the Secretary may reallocate among the appropriations 
provided under paragraphs (1) through (4) above an amount not to exceed 
3 percent of the appropriation from which such reallocation is made.
    In addition, from the General Fund of the Treasury, $60,500,000 is 
for carrying out programs to assist homeless veterans and veterans at 
risk of homelessness who are transitioning from certain institutions 
under sections 2021, 2021A, and 2023 of title 38, United States Code:  
Provided, That <<NOTE: Grants.>>  notwithstanding subsections (c)(3) and 
(d) of section 2023, the Secretary may award grants through September 
30, 2022, to provide services under such section:  Provided further, 
That <<NOTE: Time periods.>>  services provided under sections 2021 or 
under 2021A may include, in addition to services to homeless veterans 
described in section 2002(a)(1), services to veterans who were homeless 
at some point within the 60 days prior to program entry or veterans who 
are at risk of homelessness within the next 60 days, and that services 
provided under section 2023 may include, in addition to services to the 
individuals described in subsection (e) of such section, services to 
veterans recently released from incarceration who are at risk of 
homelessness:  Provided further, That 
notwithstanding <<NOTE: Data. Contracts.>>  paragraph (3) under this 
heading, funds appropriated in this paragraph may be used for data 
systems and contract support to allow for the tracking of participant 
and performance information:  Provided further, That notwithstanding 
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, 
such funds shall be available for expenditure pursuant to 31 U.S.C. 
1553.

    In addition, fees may be assessed and deposited in the HIRE Vets 
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and 
such amounts shall be available to the Secretary to carry out the HIRE 
Vets Medallion Award Program, as authorized by such Act, and shall 
remain available until expended:  Provided, That such sums shall be in 
addition to any other funds available for such purposes, including funds 
available under paragraph (3) of this heading:  Provided further, That 
section 2(d) of division O of the Consolidated Appropriations Act, 2017 
(Public Law 115-31; 38 U.S.C. 4100 note ) shall not apply.

                            it modernization

    For necessary expenses for Department of Labor centralized 
infrastructure technology investment activities related to support 
systems and modernization, $28,269,000, which shall be available through 
September 30, 2023.

                       office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of

[[Page 136 STAT. 436]]

1978, $85,187,000, together with not to exceed $5,660,000 which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 101.  None of the funds appropriated by this Act for the Job 
Corps shall be used to pay the salary and bonuses of an individual, 
either as direct costs or any proration as an indirect cost, at a rate 
in excess of Executive Level II.

                           (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall be 
increased by more than 3 percent by any such transfer:  Provided, That 
the transfer authority granted by this section shall not be used to 
create any new program or to fund any project or activity for which no 
funds are provided in this Act:  Provided further, 
That <<NOTE: Notification. Time period.>>  the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.

    Sec. 103.  In accordance <<NOTE: Child labor.>>  with Executive 
Order 13126, none of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended for the procurement 
of goods mined, produced, manufactured, or harvested or services 
rendered, in whole or in part, by forced or indentured child labor in 
industries and host countries already identified by the United States 
Department of Labor prior to enactment of this Act.

    Sec. 104.  Except as otherwise provided in this section, none of the 
funds made available to the Department of Labor for grants under section 
414(c) of the American Competitiveness and Workforce Improvement Act of 
1998 (29 U.S.C. 2916a) may be used for any purpose other than 
competitive grants for training individuals who are older than 16 years 
of age and are not currently enrolled in school within a local 
educational agency in the occupations and industries for which employers 
are using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training.
    Sec. 105.  None of the funds made available by this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses of 
an individual, either as direct costs or indirect costs, at a rate in 
excess of Executive Level II. This limitation shall not apply to vendors 
providing goods and services as defined in Office of Management and 
Budget Circular A-133. Where States are recipients of such funds, States 
may establish a lower limit for salaries and bonuses of those receiving 
salaries and bonuses from subrecipients of such funds, taking into 
account factors including the relative cost-of-living in the State, the 
compensation levels for comparable State or local government employees, 
and the size of the organizations that administer Federal programs 
involved including Employment and Training Administration programs.

[[Page 136 STAT. 437]]

                           (transfer of funds)

    Sec. 106. (a) Notwithstanding section 102, the Secretary may 
transfer funds made available to the Employment and Training 
Administration by this Act, either directly or through a set-aside, for 
technical assistance services to grantees to ``Program Administration'' 
when it is determined that those services will be more efficiently 
performed by Federal employees:  Provided, That this section shall not 
apply to section 171 of the WIOA.
    (b) Notwithstanding section 102, the Secretary may transfer not more 
than 0.5 percent of each discretionary appropriation made available to 
the Employment and Training Administration by this Act to ``Program 
Administration'' in order to carry out program integrity activities 
relating to any of the programs or activities that are funded under any 
such discretionary appropriations:  Provided, That notwithstanding 
section 102 and the preceding proviso, the Secretary may transfer not 
more than 0.5 percent of funds made available in paragraphs (1) and (2) 
of the ``Office of Job Corps'' account to paragraph (3) of such account 
to carry out program integrity activities related to the Job Corps 
program:  Provided further, That <<NOTE: Grants. Contracts.>>  funds 
transferred under this subsection shall be available to the Secretary to 
carry out program integrity activities directly or through grants, 
cooperative agreements, contracts and other arrangements with States and 
other appropriate entities:  Provided further, That funds transferred 
under the authority provided by this subsection shall be available for 
obligation through September 30, 2023.

                           (transfer of funds)

    Sec. 107. (a) <<NOTE: Evaluations.>>  The Secretary may reserve not 
more than 0.75 percent from each appropriation made available in this 
Act identified in subsection (b) in order to carry out evaluations of 
any of the programs or activities that are funded under such accounts. 
Any funds reserved under this section shall be transferred to 
``Departmental Management'' for use by the Office of the Chief 
Evaluation Officer within the Department of Labor, and shall be 
available for obligation through September 30, 2023: <<NOTE: Plan. Time 
period.>>   Provided, That such funds shall only be available if the 
Chief Evaluation Officer of the Department of Labor submits a plan to 
the Committees on Appropriations of the House of Representatives and the 
Senate describing the evaluations to be carried out 15 days in advance 
of any transfer.

    (b) The accounts referred to in subsection (a) are: ``Training and 
Employment Services'', ``Job Corps'', ``Community Service Employment for 
Older Americans'', ``State Unemployment Insurance and Employment Service 
Operations'', ``Employee Benefits Security Administration'', ``Office of 
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office 
of Federal Contract Compliance Programs'', ``Office of Labor Management 
Standards'', ``Occupational Safety and Health Administration'', ``Mine 
Safety and Health Administration'', ``Office of Disability Employment 
Policy'', funding made available to the ``Bureau of International Labor 
Affairs'' and ``Women's Bureau'' within the ``Departmental Management, 
Salaries and Expenses'' account, and ``Veterans' Employment and 
Training''.
    Sec. 108. (a) <<NOTE: Applicability.>>  Section 7 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the 
following text is part of such section:

[[Page 136 STAT. 438]]

    ``(s)(1) <<NOTE: Time period.>>  The provisions of this section 
shall not apply for a period of 2 years after the occurrence of a major 
disaster to any employee--
                    ``(A) employed to adjust or evaluate claims 
                resulting from or relating to such major disaster, by an 
                employer not engaged, directly or through an affiliate, 
                in underwriting, selling, or marketing property, 
                casualty, or liability insurance policies or contracts;
                    ``(B) who receives from such employer on average 
                weekly compensation of not less than $591.00 per week or 
                any minimum weekly amount established by the Secretary, 
                whichever is greater, for the number of weeks such 
                employee is engaged in any of the activities described 
                in subparagraph (C); and
                    ``(C) whose duties include any of the following:
                          ``(i) interviewing insured individuals, 
                      individuals who suffered injuries or other damages 
                      or losses arising from or relating to a disaster, 
                      witnesses, or physicians;
                          ``(ii) inspecting property damage or reviewing 
                      factual information to prepare damage estimates;
                          ``(iii) evaluating and making recommendations 
                      regarding coverage or compensability of claims or 
                      determining liability or value aspects of claims;
                          ``(iv) negotiating settlements; or
                          ``(v) making recommendations regarding 
                      litigation.
            ``(2) The exemption in this subsection shall not affect the 
        exemption provided by section 13(a)(1).
            ``(3) <<NOTE: Definitions.>>  For purposes of this 
        subsection--
                    ``(A) the term `major disaster' means any disaster 
                or catastrophe declared or designated by any State or 
                Federal agency or department;
                    ``(B) the term `employee employed to adjust or 
                evaluate claims resulting from or relating to such major 
                disaster' means an individual who timely secured or 
                secures a license required by applicable law to engage 
                in and perform the activities described in clauses (i) 
                through (v) of paragraph (1)(C) relating to a major 
                disaster, and is employed by an employer that maintains 
                worker compensation insurance coverage or protection for 
                its employees, if required by applicable law, and 
                withholds applicable Federal, State, and local income 
                and payroll taxes from the wages, salaries and any 
                benefits of such employees; and
                    ``(C) the term `affiliate' means a company that, by 
                reason of ownership or control of 25 percent or more of 
                the outstanding shares of any class of voting securities 
                of one or more companies, directly or indirectly, 
                controls, is controlled by, or is under common control 
                with, another company.''.

    (b) <<NOTE: Effective date.>>  This section shall be effective on 
the date of enactment of this Act.

    Sec. 109. (a) <<NOTE: Time periods.>>  Flexibility With Respect to 
the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.--
            (1) In general.--Subject to <<NOTE: Effective date.>>  
        paragraph (2), if a petition for H-2B nonimmigrants filed by an 
        employer in the seafood industry is granted, the employer may 
        bring the nonimmigrants described in the petition into the 
        United States at any time during the 120-day period beginning on 
        the start date for

[[Page 136 STAT. 439]]

        which the employer is seeking the services of the nonimmigrants 
        without filing another petition.
            (2) Requirements for crossings after 90th day.--An employer 
        in the seafood industry may not bring H-2B nonimmigrants into 
        the United States after the date that is 90 days after the start 
        date for which the employer is seeking the services of the 
        nonimmigrants unless the employer--
                    (A) <<NOTE: Assessment.>>  completes a new 
                assessment of the local labor market by--
                          (i) listing job orders in local newspapers on 
                      2 separate Sundays; and
                          (ii) posting the job opportunity on the 
                      appropriate Department of Labor Electronic Job 
                      Registry and at the employer's place of 
                      employment; and
                    (B) offers the job to an equally or better qualified 
                United States worker who--
                          (i) applies for the job; and
                          (ii) will be available at the time and place 
                      of need.
            (3) Exemption from rules with respect to staggering.--The 
        Secretary of Labor shall not consider an employer in the seafood 
        industry who brings H-2B nonimmigrants into the United States 
        during the 120-day period specified in paragraph (1) to be 
        staggering the date of need in violation of section 655.20(d) of 
        title 20, Code of Federal Regulations, or any other applicable 
        provision of law.

    (b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B 
nonimmigrants'' means aliens admitted to the United States pursuant to 
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(ii)(B)).
    Sec. 110.  The determination <<NOTE: Determinations. Wages.>>  of 
prevailing wage for the purposes of the H-2B program shall be the 
greater of--(1) the actual wage level paid by the employer to other 
employees with similar experience and qualifications for such position 
in the same location; or (2) the prevailing wage level for the 
occupational classification of the position in the geographic area in 
which the H-2B nonimmigrant will be employed, based on the best 
information available at the time of filing the petition. In the 
determination of prevailing wage for the purposes of the H-2B program, 
the Secretary shall accept private wage surveys even in instances where 
Occupational Employment Statistics survey data are available unless the 
Secretary determines that the methodology and data in the provided 
survey are not statistically supported.

    Sec. 111.  None of the funds in this Act shall be used to enforce 
the definition of corresponding employment found in 20 CFR 655.5 or the 
three-fourths guarantee rule definition found in 20 CFR 655.20, or any 
references thereto. Further, for the purpose of regulating admission of 
temporary workers under the H-2B program, the definition of temporary 
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
    Sec. 112.  Notwithstanding <<NOTE: Determination.>>  any other 
provision of law, the Secretary may furnish through grants, cooperative 
agreements, contracts, and other arrangements, up to $2,000,000 of 
excess personal property, at a value determined by the Secretary, to 
apprenticeship programs for the purpose of training apprentices in those 
programs.

    Sec. 113. (a) <<NOTE: Applicability.>>  The Act entitled ``An Act to 
create a Department of Labor'', approved March 4, 1913 (37 Stat. 736, 
chapter 141) shall be applied as if the following text is part of such 
Act:

[[Page 136 STAT. 440]]

``SEC. 12. SECURITY DETAIL.

    ``(a) <<NOTE: Guidelines.>>  In General.--The Secretary of Labor is 
authorized to employ law enforcement officers or special agents to--
            ``(1) provide protection for the Secretary of Labor during 
        the workday of the Secretary and during any activity that is 
        preliminary or postliminary to the performance of official 
        duties by the Secretary;
            ``(2) provide protection, incidental to the protection 
        provided to the Secretary, to a member of the immediate family 
        of the Secretary who is participating in an activity or event 
        relating to the official duties of the Secretary;
            ``(3) provide continuous protection to the Secretary 
        (including during periods not described in paragraph (1)) and to 
        the members of the immediate family of the Secretary if there is 
        a unique and articulable threat of physical harm, in accordance 
        with guidelines established by the Secretary; and
            ``(4) provide protection to the Deputy Secretary of Labor or 
        another senior officer representing the Secretary of Labor at a 
        public event if there is a unique and articulable threat of 
        physical harm, in accordance with guidelines established by the 
        Secretary.

    ``(b) Authorities.--The Secretary of Labor may authorize a law 
enforcement officer or special agent employed under subsection (a), for 
the purpose of performing the duties authorized under subsection (a), 
to--
            ``(1) carry firearms;
            ``(2) make arrests without a warrant for any offense against 
        the United States committed in the presence of such officer or 
        special agent;
            ``(3) perform protective intelligence work, including 
        identifying and mitigating potential threats and conducting 
        advance work to review security matters relating to sites and 
        events;
            ``(4) <<NOTE: Coordination.>>  coordinate with local law 
        enforcement agencies; and
            ``(5) <<NOTE: Investigations. Coordination.>>  initiate 
        criminal and other investigations into potential threats to the 
        security of the Secretary, in coordination with the Inspector 
        General of the Department of Labor.

    ``(c) Compliance With Guidelines.--A law enforcement officer or 
special agent employed under subsection (a) shall exercise any authority 
provided under this section in accordance with any--
            ``(1) guidelines issued by the Attorney General; and
            ``(2) guidelines prescribed by the Secretary of Labor.''.

    (b) <<NOTE: Effective date.>>  This section shall be effective on 
the date of enactment of this Act.

    Sec. 114.  The Secretary is authorized to dispose of or divest, by 
any means the Secretary determines appropriate, including an agreement 
or partnership to construct a new Job Corps center, all or a portion of 
the real property on which the Treasure Island Job Corps Center is 
situated. Any sale or other disposition will not be subject to any 
requirement of any Federal law or regulation relating to the disposition 
of Federal real property, including but not limited to subchapter III of 
chapter 5 of title 40 of the United States Code and subchapter V of 
chapter 119 of title 42 of the United States Code. The net proceeds of 
such a sale shall be transferred to the Secretary, which shall be 
available until expended to carry out the Job Corps Program on Treasure 
Island.

[[Page 136 STAT. 441]]

    Sec. 115.  None of the funds made available by this Act may be used 
to--
            (1) alter or terminate the Interagency Agreement between the 
        United States Department of Labor and the United States 
        Department of Agriculture; or
            (2) close any of the Civilian Conservation Centers, except 
        if such closure is necessary to prevent the endangerment of the 
        health and safety of the students, the capacity of the program 
        is retained, and the requirements of section 159(j) of the WIOA 
        are met.

    Sec. 116.  The paragraph <<NOTE: Time period. 29 USC 563.>>  under 
the heading ``Working Capital Fund'' in the Department of Labor 
Appropriations Act, 1958, Public Law 85-67, 71 Stat. 210, as amended, is 
further amended by striking the third proviso and inserting in lieu 
thereof ``That the Secretary of Labor may transfer to the Working 
Capital Fund, to remain available for obligation for five fiscal years 
after the fiscal year of such transfer, annually an amount not to exceed 
$9,000,000 from unobligated balances in the Department's salaries and 
expenses accounts made available in Public Laws 115-245, 116-94, or 116-
260, and annually an amount not to exceed $9,000,000 from unobligated 
balances in the Department's discretionary grants accounts made 
available in Public Laws 115-245, 116-94, 116-260, for the acquisition 
of capital equipment and the improvement of financial management, 
information technology, infrastructure technology investment activities 
related to support systems and modernization, and other support systems: 
Provided further, That the Secretary of Labor may transfer to the 
Working Capital Fund, to remain available for obligation for five fiscal 
years after the fiscal year of such transfer, annually an amount not to 
exceed $18,000,000 from unobligated balances in the Department's 
salaries and expenses accounts made available in this Act and hereafter, 
and $18,000,000 from unobligated balances in the Department's 
discretionary grants accounts made available in this Act and hereafter 
for the acquisition of capital equipment and the improvement of 
financial management, information technology, infrastructure technology 
investment activities related to support systems and modernization, and 
other support systems:''.

    Sec. 117.  Of the <<NOTE: Rescission.>>  unobligated funds available 
under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 
1356(s)(2)), $72,000,000 are hereby permanently rescinded.

    This title may be cited as the ``Department of Labor Appropriations 
Act, 2022''.

TITLE II <<NOTE: Department of Health and Human Services Appropriations 
Act, 2022.>> 

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                           primary health care

    For carrying out titles II and III of the Public Health Service Act 
(referred to in this Act as the ``PHS Act'') with respect to primary 
health care and the Native Hawaiian Health Care Act of 1988, 
$1,748,772,000:  Provided, That no more than $1,000,000 shall be 
available until expended for carrying out the provisions of section 
224(o) of the PHS Act:  Provided further, That no more than $120,000,000 
shall be available until expended for carrying

[[Page 136 STAT. 442]]

out subsections (g) through (n) and (q) of section 224 of the PHS Act, 
and for expenses incurred by the Department of Health and Human Services 
(referred to in this Act as ``HHS'') pertaining to administrative claims 
made under such law.

                            health workforce

    For carrying out titles III, VII, and VIII of the PHS Act with 
respect to the health workforce, sections 1128E and 1921 of the Social 
Security Act, and the Health Care Quality Improvement Act of 1986, 
$1,295,742,000: Provided, That section 751(j)(2) of the PHS Act and the 
proportional funding amounts in paragraphs (1) through (4) of section 
756(f) of the PHS Act shall not apply to funds made available under this 
heading: <<NOTE: Waiver authority. 42 USC 294a note.>>   Provided 
further, That for any program operating under section 751 of the PHS Act 
on or before January 1, 2009, the Secretary of Health and Human Services 
(referred to in this title as the ``Secretary'') may hereafter waive any 
of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) 
of such Act for the full project period of a grant under such section:  
Provided further, That no funds shall be available for section 340G-1 of 
the PHS Act: <<NOTE: Fees.>>   Provided further, That fees collected for 
the disclosure of information under section 427(b) of the Health Care 
Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of the 
Social Security Act shall be sufficient to recover the full costs of 
operating the programs authorized by such sections and shall remain 
available until expended for the National Practitioner Data Bank:  
Provided further, That funds transferred to this account to carry out 
section 846 and subpart 3 of part D of title III of the PHS Act may be 
used to make prior year adjustments to awards made under such section 
and subpart:  Provided further, That $121,600,000 shall remain available 
until expended for the purposes of providing primary health services, 
assigning National Health Service Corps (``NHSC'') members to expand the 
delivery of substance use disorder treatment services, notwithstanding 
the assignment priorities and limitations under sections 333(a)(1)(D), 
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under 
the NHSC Loan Repayment Program under section 338B of such Act:  
Provided further, That, within the amount made available in the previous 
proviso, $15,600,000 shall remain available until expended for the 
purposes of making payments under the NHSC Loan Repayment Program under 
section 338B of the PHS Act to individuals participating in such program 
who provide primary health services in Indian Health Service facilities, 
Tribally-Operated 638 Health Programs, and Urban Indian Health Programs 
(as those terms are defined by the Secretary), notwithstanding the 
assignment priorities and limitations under section 333(b) of such 
Act: <<NOTE: Applicability. Definition.>>   Provided further, That for 
purposes of the previous two provisos, section 331(a)(3)(D) of the PHS 
Act shall be applied as if the term ``primary health services'' includes 
clinical substance use disorder treatment services, including those 
provided by masters level, licensed substance use disorder treatment 
counselors:  Provided further, That of the funds made available under 
this heading, $6,000,000 shall be available to make grants to establish, 
expand, or maintain optional community-based nurse practitioner 
fellowship programs that are accredited or in the accreditation process, 
with a preference for those in Federally Qualified Health Centers, for 
practicing postgraduate nurse practitioners

[[Page 136 STAT. 443]]

in primary care or behavioral health:  Provided further, That of the 
funds made available under this heading, $5,000,000 shall remain 
available until expended for activities under section 775 of the PHS 
Act:  Provided further, That the United States may recover liquidated 
damages in an amount determined by the formula under section 338E(c)(1) 
of the PHS Act if an individual either fails to begin or complete the 
service obligated by a contract under section 775(b) of the PHS Act:  
Provided further, That for purposes of section 775(c)(1) of the PHS Act, 
the Secretary may include other mental and behavioral health disciplines 
as the Secretary deems appropriate: <<NOTE: Termination. Contracts.>>   
Provided further, That the Secretary may terminate a contract entered 
into under section 775 of the PHS Act in the same manner articulated in 
Section 206 of this title for fiscal year 2022 contracts entered into 
under section 338B of the PHS Act.

    Of the funds made available under this heading, $55,000,000 shall 
remain available until expended for grants to public institutions of 
higher education to expand or support graduate education for physicians 
provided by such institutions, including funding for infrastructure 
development, maintenance, equipment, and minor renovations or 
alterations:  Provided, That, <<NOTE: Determination.>>  in awarding such 
grants, the Secretary shall give priority to public institutions of 
higher education located in States with a projected primary care 
provider shortage in 2025, as determined by the Secretary:  Provided 
further, That grants so awarded are limited to such public institutions 
of higher education in States in the top quintile of States with a 
projected primary care provider shortage in 2025, as determined by the 
Secretary:  Provided further, That the minimum amount of a grant so 
awarded to such an institution shall be not less than $1,000,000 per 
year:  Provided further, That <<NOTE: Time period.>>  such a grant may 
be awarded for a period not to exceed 5 years:  Provided further, 
That <<NOTE: Matching funds.>>  such a grant awarded with respect to a 
year to such an institution shall be subject to a matching requirement 
of non-Federal funds in an amount that is not less than 10 percent of 
the total amount of Federal funds provided in the grant to such 
institution with respect to such year.

                        maternal and child health

    For carrying out titles III, XI, XII, and XIX of the PHS Act with 
respect to maternal and child health and title V of the Social Security 
Act, $1,018,624,000:  Provided, That notwithstanding sections 502(a)(1) 
and 502(b)(1) of the Social Security Act, not more than $169,116,000 
shall be available for carrying out special projects of regional and 
national significance pursuant to section 501(a)(2) of such Act and 
$10,276,000 shall be available for projects described in subparagraphs 
(A) through (F) of section 501(a)(3) of such Act.

                       ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan 
White HIV/AIDS program, $2,494,776,000, of which $2,014,698,000 shall 
remain available to the Secretary through September 30, 2024, for parts 
A and B of title XXVI of the PHS Act, and of which not less than 
$900,313,000 shall be for State AIDS Drug Assistance Programs under the 
authority of section 2616 or 311(c) of such Act; and of which 
$125,000,000, to remain available until expended, shall be available to 
the Secretary for

[[Page 136 STAT. 444]]

carrying out a program of grants and contracts under title XXVI or 
section 311(c) of such Act focused on ending the nationwide HIV/AIDS 
epidemic, with any grants issued under such section 311(c) administered 
in conjunction with title XXVI of the PHS Act, including the limitation 
on administrative expenses.

                           health care systems

    For carrying out titles III and XII of the PHS Act with respect to 
health care systems, and the Stem Cell Therapeutic and Research Act of 
2005, $133,093,000, of which $122,000 shall be available until expended 
for facilities-related expenses of the National Hansen's Disease 
Program.

                              rural health

    For carrying out titles III and IV of the PHS Act with respect to 
rural health, section 427(a) of the Federal Coal Mine Health and Safety 
Act of 1969, and sections 711 and 1820 of the Social Security Act, 
$366,112,000, of which $62,277,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program:  Provided, That of the funds made available under this 
heading for Medicare rural hospital flexibility grants, $20,942,000 
shall be available for the Small Rural Hospital Improvement Grant 
Program for quality improvement and adoption of health information 
technology, up to $5,000,000 shall be available to establish by grant to 
public or non-profit private entities the Rural Emergency Hospital 
Technical Assistance Program, and up to $1,000,000 shall be to carry out 
section 1820(g)(6) of the Social Security Act, with funds provided for 
grants under section 1820(g)(6) available for the purchase and 
implementation of telehealth services, including pilots and 
demonstrations on the use of electronic health records to coordinate 
rural veterans care between rural providers and the Department of 
Veterans Affairs electronic health record system:  Provided further, 
That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall 
be available for State Offices of Rural Health:  Provided further, That 
$10,500,000 shall remain available through September 30, 2024, to 
support the Rural Residency Development Program:  Provided further, That 
$135,000,000 shall be for the Rural Communities Opioids Response 
Program.

                             family planning

    For carrying out the program under title X of the PHS Act to provide 
for voluntary family planning projects, $286,479,000:  Provided, 
That <<NOTE: Abortions. Lobbying.>>  amounts provided to said projects 
under such title shall not be expended for abortions, that all pregnancy 
counseling shall be nondirective, and that such amounts shall not be 
expended for any activity (including the publication or distribution of 
literature) that in any way tends to promote public support or 
opposition to any legislative proposal or candidate for public office.

[[Page 136 STAT. 445]]

                           program management

    For program support in the Health Resources and Services 
Administration, $1,213,196,000:  Provided, That funds made available 
under this heading may be used to supplement program support funding 
provided under the headings ``Primary Health Care'', ``Health 
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS 
Program'', ``Health Care Systems'', and ``Rural Health'':  Provided 
further, That of the amount made available under this heading, 
$1,057,896,000 shall be used for the projects financing the construction 
and renovation (including equipment) of health care and other 
facilities, and for the projects financing one-time grants that support 
health-related activities, including training and information 
technology, and in the amounts specified in the table titled ``Community 
Project Funding/Congressionally Directed Spending'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, That of the funds made available in the preceding proviso, up 
to $4,000,000 may be used for related agency administrative expenses:  
Provided further, That none of the funds made available for projects 
described in the two preceding provisos shall be subject to section 241 
of the PHS Act or section 205 of this Act.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust Fund 
(the ``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to vaccines 
administered after September 30, 1988, pursuant to subtitle 2 of title 
XXI of the PHS Act, to remain available until expended:  Provided, That 
for necessary administrative expenses, not to exceed $13,200,000 shall 
be available from the Trust Fund to the Secretary.

                  covered countermeasures process fund

    For carrying out section 319F-4 of the PHS Act, $5,000,000, to 
remain available until expended.

               Centers for Disease Control and Prevention

                  immunization and respiratory diseases

    For carrying out titles II, III, XVII, and XXI, and section 2821 of 
the PHS Act, titles II and IV of the Immigration and Nationality Act, 
and section 501 of the Refugee Education Assistance Act, with respect to 
immunization and respiratory diseases, $448,805,000.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                         tuberculosis prevention

    For carrying out titles II, III, XVII, and XXIII of the PHS Act with 
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and 
tuberculosis prevention, $1,345,056,000.

[[Page 136 STAT. 446]]

                emerging and zoonotic infectious diseases

    For carrying out titles II, III, and XVII, and section 2821 of the 
PHS Act, titles II and IV of the Immigration and Nationality Act, and 
section 501 of the Refugee Education Assistance Act, with respect to 
emerging and zoonotic infectious diseases, $641,272,000:  Provided, That 
of the amounts made available under this heading, up to $1,000,000 shall 
remain available until expended to pay for the transportation, medical 
care, treatment, and other related costs of persons quarantined or 
isolated under Federal or State quarantine law.

             chronic disease prevention and health promotion

    For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS 
Act with respect to chronic disease prevention and health promotion, 
$1,083,714,000:  Provided, That funds made available under this heading 
may be available for making grants under section 1509 of the PHS Act for 
not less than 21 States, tribes, or tribal organizations:  Provided 
further, That of the funds made available under this heading, 
$15,000,000 shall be available to continue and expand community specific 
extension and outreach programs to combat obesity in counties with the 
highest levels of obesity:  Provided further, That the proportional 
funding requirements under section 1503(a) of the PHS Act shall not 
apply to funds made available under this heading.

   birth defects, developmental disabilities, disabilities and health

    For carrying out titles II, III, XI, and XVII of the PHS Act with 
respect to birth defects, developmental disabilities, disabilities and 
health, $177,060,000.

                    public health scientific services

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to health statistics, surveillance, health informatics, and 
workforce development, $651,997,000.

                          environmental health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to environmental health, $209,850,000.

                      injury prevention and control

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to injury prevention and control, $714,879,000.

          national institute for occupational safety and health

    For carrying out titles II, III, and XVII of the PHS Act, sections 
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
and Health Act, section 13 of the Mine Improvement and New Emergency 
Response Act, and sections 20, 21, and 22 of the Occupational Safety and 
Health Act, with respect to occupational safety and health, 
$351,800,000.

[[Page 136 STAT. 447]]

       energy employees occupational illness compensation program

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $55,358,000, to remain 
available until expended:  Provided, That this amount shall be available 
consistent with the provision regarding administrative expenses in 
section 151(b) of division B, title I of Public Law 106-554.

                              global health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to global health, $646,843,000, of which: (1) $128,921,000 shall 
remain available through September 30, 2023 for international HIV/AIDS; 
and (2) $253,200,000 shall remain available through September 30, 2024 
for global public health protection:  Provided, That funds may be used 
for purchase and insurance of official motor vehicles in foreign 
countries.

                 public health preparedness and response

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to public health preparedness and response, and for expenses 
necessary to support activities related to countering potential 
biological, nuclear, radiological, and chemical threats to civilian 
populations, $862,200,000:  Provided, 
That <<NOTE: Detailees. Notice. Deadline. Reports. Updates. Time 
period.>>  the Director of the Centers for Disease Control and 
Prevention (referred to in this title as ``CDC'') or the Administrator 
of the Agency for Toxic Substances and Disease Registry may detail staff 
without reimbursement to support an activation of the CDC Emergency 
Operations Center, so long as the Director or Administrator, as 
applicable, provides a notice to the Committees on Appropriations of the 
House of Representatives and the Senate within 15 days of the use of 
this authority, a full report within 30 days after use of this authority 
which includes the number of staff and funding level broken down by the 
originating center and number of days detailed, and an update of such 
report every 180 days until staff are no longer on detail without 
reimbursement to the CDC Emergency Operations Center.

                        buildings and facilities

                      (including transfer of funds)

    For acquisition of real property, equipment, construction, 
installation, demolition, and renovation of facilities, $30,000,000, 
which shall remain available until September 30, 2026:  Provided, That 
funds made available to this account in this or any prior Act that are 
available for the acquisition of real property or for construction or 
improvement of facilities shall be available to make improvements on 
non-federally owned property, provided that any improvements that are 
not adjacent to federally owned property do not exceed $2,500,000, and 
that the primary benefit of such improvements accrues to CDC:  Provided 
further, That funds previously set-aside by CDC for repair and upgrade 
of the Lake Lynn Experimental Mine and Laboratory shall be used to 
acquire a replacement mine safety research facility:  Provided further, 
That

[[Page 136 STAT. 448]]

funds made available to this account in this or any prior Act that are 
available for the acquisition of real property or for construction or 
improvement of facilities in conjunction with the new replacement mine 
safety research facility shall be available to make improvements on non-
federally owned property, provided that any improvements that are not 
adjacent to federally owned property do not exceed $5,000,000:  Provided 
further, That in addition, the prior year unobligated balance of any 
amounts assigned to former employees in accounts of CDC made available 
for Individual Learning Accounts shall be credited to and merged with 
the amounts made available under this heading to support the replacement 
of the mine safety research facility.

                 cdc-wide activities and program support

                      (including transfer of funds)

    For carrying out titles II, III, XVII and XIX, and section 2821 of 
the PHS Act and for cross-cutting activities and program support for 
activities funded in other appropriations included in this Act for the 
Centers for Disease Control and Prevention, $333,570,000, of which 
$200,000,000 shall remain available through September 30, 2024, for 
public health infrastructure and capacity:  Provided, That paragraphs 
(1) through (3) of subsection (b) of section 2821 of the PHS Act shall 
not apply to funds appropriated under this heading and in all other 
accounts of the CDC:  Provided further, That of the amounts made 
available under this heading, $20,000,000, to remain available until 
expended, shall be available to the Director of the CDC for deposit in 
the Infectious Diseases Rapid Response Reserve Fund established by 
section 231 of division B of Public Law 115-245:  Provided further, 
That <<NOTE: Contracts.>>  funds appropriated under this heading may be 
used to support a contract for the operation and maintenance of an 
aircraft in direct support of activities throughout CDC to ensure the 
agency is prepared to address public health preparedness 
emergencies: <<NOTE: Detailees.>>   Provided further, That employees of 
CDC or the Public Health Service, both civilian and commissioned 
officers, detailed to States, municipalities, or other organizations 
under authority of section 214 of the PHS Act, or in overseas 
assignments, shall be treated as non-Federal employees for reporting 
purposes only and shall not be included within any personnel ceiling 
applicable to the Agency, Service, or HHS during the period of detail or 
assignment:  Provided further, That CDC may use up to $10,000 from 
amounts appropriated to CDC in this Act for official reception and 
representation expenses when specifically approved by the Director of 
CDC:  Provided further, That in addition, such sums as may be derived 
from authorized user fees, which shall be credited to the appropriation 
charged with the cost thereof:  Provided further, That with respect to 
the previous proviso, authorized user fees from the Vessel Sanitation 
Program and the Respirator Certification Program shall be available 
through September 30, 2023.

                      National Institutes of Health

                        national cancer institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cancer, $6,718,522,000, of which up to $30,000,000

[[Page 136 STAT. 449]]

may be used for facilities repairs and improvements at the National 
Cancer Institute--Frederick Federally Funded Research and Development 
Center in Frederick, Maryland.

                national heart, lung, and blood institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cardiovascular, lung, and blood diseases, and blood and blood 
products, $3,808,494,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the PHS Act with 
respect to dental and craniofacial diseases, $501,231,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to diabetes and digestive and kidney disease, $2,203,926,000.

         national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the PHS Act with 
respect to neurological disorders and stroke, $2,535,370,000.

          national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to allergy and infectious diseases, $6,322,728,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $3,092,373,000, of which 
$1,309,313,000 shall be from funds available under section 241 of the 
PHS Act:  Provided, That not less than $409,957,000 is provided for the 
Institutional Development Awards program.

  eunice kennedy shriver national institute of child health and human 
                               development

    For carrying out section 301 and title IV of the PHS Act with 
respect to child health and human development, $1,683,009,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $863,918,000.

           national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $842,169,000.

[[Page 136 STAT. 450]]

                       national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $4,219,936,000.

  national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to arthritis and musculoskeletal and skin diseases, 
$655,699,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the PHS Act with 
respect to deafness and other communication disorders, $514,885,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with 
respect to nursing research, $180,862,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with 
respect to alcohol abuse and alcoholism, $573,651,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with 
respect to drug abuse, $1,595,474,000.

                   national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with 
respect to mental health, $2,140,976,000.

                national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to human genome research, $639,062,000.

       national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the PHS Act with 
respect to biomedical imaging and bioengineering research, $424,590,000.

        national center for complementary and integrative health

    For carrying out section 301 and title IV of the PHS Act with 
respect to complementary and integrative health, $159,365,000.

[[Page 136 STAT. 451]]

      national institute on minority health and health disparities

    For carrying out section 301 and title IV of the PHS Act with 
respect to minority health and health disparities research, 
$459,056,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty International 
Center (described in subpart 2 of part E of title IV of the PHS Act), 
$86,880,000.

                      national library of medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to health information communications, $479,439,000:  Provided, 
That of the amounts available for improvement of information systems, 
$4,000,000 shall be available until September 30, 2023:  Provided 
further, That <<NOTE: Contracts.>>  in fiscal year 2022, the National 
Library of Medicine may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health (referred to 
in this title as ``NIH'').

          national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to translational sciences, $882,265,000:  Provided, That up to 
$60,000,000 shall be available to implement section 480 of the PHS Act, 
relating to the Cures Acceleration Network:  Provided further, That at 
least $606,646,000 is provided to the Clinical and Translational 
Sciences Awards program.

                         office of the director

                      (including transfer of funds)

    For carrying out the responsibilities of the Office of the Director, 
NIH, $2,616,520,000:  Provided, That funding shall be available for the 
purchase of not to exceed 29 passenger motor vehicles for replacement 
only:  Provided further, That all funds credited to the NIH Management 
Fund shall remain available for one fiscal year after the fiscal year in 
which they are deposited:  Provided further, That 
$180,000,000 <<NOTE: Study.>>  shall be for the Environmental Influences 
on Child Health Outcomes study:  Provided further, That $657,401,000 
shall be available for the Common Fund established under section 
402A(c)(1) of the PHS Act:  Provided further, That of the funds 
provided, $10,000 shall be for official reception and representation 
expenses when specifically approved by the Director of the NIH:  
Provided further, That the Office of AIDS Research within the Office of 
the Director of the NIH may spend up to $8,000,000 to make grants for 
construction or renovation of facilities as provided for in section 
2354(a)(5)(B) of the PHS Act:  Provided further, That $70,000,000 shall 
be used to carry out section 404I of the PHS Act (42 U.S.C. 283K), 
relating to biomedical and behavioral research facilities:  Provided 
further, That $5,000,000 shall be transferred to and merged with the 
appropriation for the ``Office of Inspector General'' for oversight of 
grant programs and operations

[[Page 136 STAT. 452]]

of the NIH, including agency efforts to ensure the integrity of its 
grant application evaluation and selection processes, and shall be in 
addition to funds otherwise made available for oversight of the NIH:  
Provided further, That <<NOTE: Time period.>>  the funds provided in the 
previous proviso may be transferred from one specified activity to 
another with 15 days prior approval of the Committees on Appropriations 
of the House of Representatives and the Senate:  Provided further, 
That <<NOTE: Consultation. Audit plan. Time periods. Deadline.>>  the 
Inspector General shall consult with the Committees on Appropriations of 
the House of Representatives and the Senate before submitting to the 
Committees an audit plan for fiscal years 2022 and 2023 no later than 30 
days after the date of enactment of this Act:  Provided further, That 
amounts made available under this heading are also available to 
establish, operate, and support the Research Policy Board authorized by 
section 2034(f) of the 21st Century Cures Act:  Provided further, 
That <<NOTE: Grants.>>  the funds made available under this heading for 
the Office of Research on Women's Health shall also be available for 
making grants to serve and promote the interests of women in research, 
and the Director of such Office may, in making such grants, use the 
authorities available to NIH Institutes and Centers.

    In addition to other funds appropriated for the Common Fund 
established under section 402A(c) of the PHS Act, $12,600,000 is 
appropriated to the Common Fund for the purpose of carrying out section 
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as 
authorized in the Gabriella Miller Kids First Research Act, of which 
$3,000,000 shall be derived from the 10-year Pediatric Research 
Initiative Fund described in section 9008 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9008).

                        buildings and facilities

    For the study of, construction of, demolition of, renovation of, and 
acquisition of equipment for, facilities of or used by NIH, including 
the acquisition of real property, $250,000,000, to remain available 
through September 30, 2026.

                    nih innovation account, cures act

                      (including transfer of funds)

    For necessary expenses to carry out the purposes described in 
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts 
available for such purposes in the appropriations provided to the NIH in 
this Act, $496,000,000, to remain available until expended:  Provided, 
That such amounts are appropriated pursuant to section 1001(b)(3) of 
such Act, are to be derived from amounts transferred under section 
1001(b)(2)(A) of such Act, and may be transferred by the Director of the 
National Institutes of Health to other accounts of the National 
Institutes of Health solely for the purposes provided in such Act:  
Provided further, That <<NOTE: Determination.>>  upon a determination by 
the Director that funds transferred pursuant to the previous proviso are 
not necessary for the purposes provided, such amounts may be transferred 
back to the Account:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided by law.

[[Page 136 STAT. 453]]

        Substance Abuse and Mental Health Services Administration

                              mental health

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to mental health, the Protection and Advocacy for Individuals with 
Mental Illness Act, and the SUPPORT for Patients and Communities Act, 
$2,048,090,000:  Provided, That of the funds made available under this 
heading, $81,887,000 shall be for the National Child Traumatic Stress 
Initiative:  Provided further, That notwithstanding section 520A(f)(2) 
of the PHS Act, no funds appropriated for carrying out section 520A 
shall be available for carrying out section 1971 of the PHS Act:  
Provided further, That in addition to amounts provided herein, 
$21,039,000 shall be available under section 241 of the PHS Act to carry 
out subpart I of part B of title XIX of the PHS Act to fund section 
1920(b) technical assistance, national data, data collection and 
evaluation activities, and further that the total available under this 
Act for section 1920(b) activities shall not exceed 5 percent of the 
amounts appropriated for subpart I of part B of title XIX:  Provided 
further, That of the funds made available under this heading for subpart 
I of part B of title XIX of the PHS Act, at least 5 percent shall be 
available to support evidence-based crisis 
systems: <<NOTE: Grants. Contracts.>>   Provided further, That up to 10 
percent of the amounts made available to carry out the Children's Mental 
Health Services program may be used to carry out demonstration grants or 
contracts for early interventions with persons not more than 25 years of 
age at clinical high risk of developing a first episode of psychosis:  
Provided further, That section 520E(b)(2) of the PHS Act shall not apply 
to funds appropriated in this Act for fiscal year 2022: <<NOTE: State 
and local governments. Expenditure.>>   Provided further, That States 
shall expend at least 10 percent of the amount each receives for 
carrying out section 1911 of the PHS Act to support evidence-based 
programs that address the needs of individuals with early serious mental 
illness, including psychotic disorders, regardless of the age of the 
individual at onset:  Provided further, That $315,000,000 shall be 
available until September 30, 2024 for grants to communities and 
community organizations who meet criteria for Certified Community 
Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-
93:  Provided further, That none of the funds provided for section 1911 
of the PHS Act shall be subject to section 241 of such Act:  Provided 
further, That of the funds made available under this heading, 
$21,420,000 shall be to carry out section 224 of the Protecting Access 
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).

                        substance abuse treatment

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse treatment and title XIX of such Act with respect to 
substance abuse treatment and prevention, and the SUPPORT for Patients 
and Communities Act, $3,873,396,000:  Provided, That $1,525,000,000 
shall be for State Opioid Response Grants for carrying out activities 
pertaining to opioids and stimulants undertaken by the State agency 
responsible for administering the substance abuse prevention and 
treatment block grant under subpart II of part B of title XIX of the PHS 
Act (42 U.S.C. 300x-21 et seq.):  Provided further, That of such amount 
$55,000,000 shall be made available to Indian Tribes or tribal 
organizations:  Provided further,

[[Page 136 STAT. 454]]

That 15 percent <<NOTE: State and local governments. Opioids.>>  of the 
remaining amount shall be for the States with the highest mortality rate 
related to opioid use disorders:  Provided further, That of the amounts 
provided for State Opioid Response Grants not more than 2 percent shall 
be available for Federal administrative expenses, training, technical 
assistance, and evaluation:  Provided further, 
That <<NOTE: Allocations. State and local 
governments. Territories. District of 
Columbia. Determination. Methodology. Deadline. Publication.>>  of the 
amount not reserved by the previous three provisos, the Secretary shall 
make allocations to States, territories, and the District of Columbia 
according to a formula using national survey results that the Secretary 
determines are the most objective and reliable measure of drug use and 
drug-related deaths:  Provided further, That the Secretary shall submit 
the formula methodology to the Committees on Appropriations of the House 
of Representatives and the Senate not less than 21 days prior to 
publishing a Funding Opportunity Announcement:  Provided further, That 
prevention and treatment activities funded through such grants may 
include education, treatment (including the provision of medication), 
behavioral health services for individuals in treatment programs, 
referral to treatment services, recovery support, and medical screening 
associated with such treatment:  Provided further, That each State, as 
well as the District of Columbia, shall receive not less than 
$4,000,000:  Provided further, That in addition to amounts provided 
herein, the following amounts shall be available under section 241 of 
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title 
XIX of the PHS Act to fund section 1935(b) technical assistance, 
national data, data collection and evaluation activities, and further 
that the total available under this Act for section 1935(b) activities 
shall not exceed 5 percent of the amounts appropriated for subpart II of 
part B of title XIX; and (2) $2,000,000 to evaluate substance abuse 
treatment programs:  Provided further, That none of the funds provided 
for section 1921 of the PHS Act or State Opioid Response Grants shall be 
subject to section 241 of such Act.

                       substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse prevention, $218,219,000.

                 health surveillance and program support

    For program support and cross-cutting activities that supplement 
activities funded under the headings ``Mental Health'', ``Substance 
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out 
titles III, V, and XIX of the PHS Act and the Protection and Advocacy 
for Individuals with Mental Illness Act in the Substance Abuse and 
Mental Health Services Administration, $260,230,000:  Provided, That of 
the amount made available under this heading, $127,535,000 shall be used 
for the projects, and in the amounts, specified in the table titled 
``Community Project Funding/Congressionally Directed Spending'' included 
for this division in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act):  Provided 
further, That none of the funds made available for projects described in 
the preceding proviso shall be subject to section 241 of the PHS Act or 
section 205 of this Act:  Provided further, That in addition to amounts 
provided herein, $31,428,000 shall be available under section 241 of the 
PHS Act to supplement funds available to carry out national surveys on 
drug abuse and mental health,

[[Page 136 STAT. 455]]

to collect and analyze program data, and to conduct public awareness and 
technical assistance activities: <<NOTE: Fees.>>   Provided further, 
That, in addition, fees may be collected for the costs of publications, 
data, data tabulations, and data analysis completed under title V of the 
PHS Act and provided to a public or private entity upon request, which 
shall be credited to this appropriation and shall remain available until 
expended for such purposes:  Provided further, That amounts made 
available in this Act for carrying out section 501(o) of the PHS Act 
shall remain available through September 30, 2023:  Provided further, 
That funds made available under this heading (other than amounts 
specified in the first proviso under this heading) may be used to 
supplement program support funding provided under the headings ``Mental 
Health'', ``Substance Abuse Treatment'', and ``Substance Abuse 
Prevention''.

               Agency for Healthcare Research and Quality

                     healthcare research and quality

    For carrying out titles III and IX of the PHS Act, part A of title 
XI of the Social Security Act, and section 1013 of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003, 
$350,400,000:  Provided, That section 947(c) of the PHS Act shall not 
apply in fiscal year 2022:  Provided further, That in addition, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data shall be credited to this 
appropriation and shall remain available until September 30, 2023.

                Centers for Medicare & Medicaid Services

                      grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of 
the Social Security Act, $368,666,106,000, to remain available until 
expended.
    In addition, for carrying out such titles after May 31, 2022, for 
the last quarter of fiscal year 2022 for unanticipated costs incurred 
for the current fiscal year, such sums as may be necessary, to remain 
available until expended.
    In addition, for carrying out such titles for the first quarter of 
fiscal year 2023, $165,722,018,000, to remain available until expended.
    Payment under such title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such quarter, 
if submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                 payments to the health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections 
103(c) and 111(d) of the Social Security Amendments of 1965, section 
278(d)(3) of Public Law 97-248, and for administrative expenses incurred 
pursuant to section 201(g) of the Social Security Act, $487,862,000,000.

[[Page 136 STAT. 456]]

    In addition, for making matching payments under section 1844 and 
benefit payments under section 1860D-16 of the Social Security Act that 
were not anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and 
other responsibilities of the Centers for Medicare & Medicaid Services, 
not to exceed $3,669,744,000 to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund, as authorized by section 201(g) of the Social Security Act; 
together with all funds collected in accordance with section 353 of the 
PHS Act and section 1857(e)(2) of the Social Security Act, funds 
retained by the Secretary pursuant to section 1893(h) of the Social 
Security Act, and such sums as may be collected from authorized user 
fees and the sale of data, which shall be credited to this account and 
remain available until expended:  Provided, That all funds derived in 
accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the PHS Act shall be credited to and available for 
carrying out the purposes of this appropriation: <<NOTE: Fees.>>   
Provided further, That the Secretary is directed to collect fees in 
fiscal year 2022 from Medicare Advantage organizations pursuant to 
section 1857(e)(2) of the Social Security Act and from eligible 
organizations with risk-sharing contracts under section 1876 of that Act 
pursuant to section 1876(k)(4)(D) of that Act:  Provided further, That 
of the amount made available under this heading, $397,334,000 shall 
remain available until September 30, 2023, and shall be available for 
the Survey and Certification Program:  Provided further, That amounts 
available under this heading to support quality improvement 
organizations (as defined in section 1152 of the Social Security Act) 
shall not exceed the amount specifically provided for such purpose under 
this heading in division H of the Consolidated Appropriations Act, 2018 
(Public Law 115-141).

               health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity and 
program management, $873,000,000, to remain available through September 
30, 2023, to be transferred from the Federal Hospital Insurance Trust 
Fund and the Federal Supplementary Medical Insurance Trust Fund, as 
authorized by section 201(g) of the Social Security Act, of which 
$658,648,000 shall be for the Centers for Medicare & Medicaid Services 
program integrity activities, of which $102,145,000 shall be for the 
Department of Health and Human Services Office of Inspector General to 
carry out fraud and abuse activities authorized by section 1817(k)(3) of 
such Act, and of which $112,207,000 shall be for the Department of 
Justice to carry out fraud and abuse activities authorized by section 
1817(k)(3) of such Act:  Provided, That the report required by section 
1817(k)(5) of the Social Security Act for fiscal year 2022 shall include 
measures of the operational efficiency and impact on fraud, waste, and 
abuse in the Medicare, Medicaid, and CHIP programs for the funds 
provided by this appropriation:  Provided further, That of the amount 
provided under this heading, $317,000,000

[[Page 136 STAT. 457]]

is provided to meet the terms of section 4004(b)(3)(B) and section 
4005(c)(2) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022, and $556,000,000 is 
additional new budget authority specified for purposes of section 
4004(b)(3) and section 4005(c) of such resolution:  Provided further, 
That the Secretary shall provide not less than $30,000,000 from amounts 
made available under this heading and amounts made available for fiscal 
year 2022 under section 1817(k)(3)(A) of the Social Security Act for the 
Senior Medicare Patrol program to combat health care fraud and abuse.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For carrying out, except as otherwise provided, titles I, IV-D, X, 
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, 
$2,795,000,000, to remain available until expended; and for such 
purposes for the first quarter of fiscal year 2023, $1,300,000,000, to 
remain available until expended.
    For carrying out, after May 31 of the current fiscal year, except as 
otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social 
Security Act and the Act of July 5, 1960, for the last 3 months of the 
current fiscal year for unanticipated costs, incurred for the current 
fiscal year, such sums as may be necessary.

                    low income home energy assistance

    For making payments under subsections (b) and (d) of section 2602 of 
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et 
seq.), $3,800,304,000:  Provided, That notwithstanding section 2609A(a) 
of such Act, not more than $4,600,000 may be reserved by the Secretary 
for technical assistance, training, and monitoring of program activities 
for compliance with internal controls, policies and procedures, and to 
supplement funding otherwise available for necessary administrative 
expenses to carry out such Act, and the Secretary may, in addition to 
the authorities provided in section 2609A(a)(1), use such funds through 
contracts with private entities that do not qualify as nonprofit 
organizations:  Provided further, That all but $785,000,000 of the 
amount appropriated under this heading shall be allocated as though the 
total appropriation for such payments for fiscal year 2022 was less than 
$1,975,000,000:  Provided further, That, <<NOTE: Applicability. State 
and local governments. Territories. Allocations.>>  after applying all 
applicable provisions of section 2604 of such Act and the previous 
proviso, each State or territory that would otherwise receive an 
allocation that is less than 97 percent of the amount that it received 
under this heading for fiscal year 2021 from amounts appropriated in 
Public Law 116-260 shall have its allocation increased to that 97 
percent level, with the portions of other States' and territories' 
allocations that would exceed 100 percent of the amounts they 
respectively received in such fashion for fiscal year 2021 being ratably 
reduced.

[[Page 136 STAT. 458]]

                     refugee and entrant assistance

                      (including transfer of funds)

    For necessary expenses for refugee and entrant assistance activities 
authorized by section 414 of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980, and for 
carrying out section 462 of the Homeland Security Act of 2002, section 
235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, the Trafficking Victims Protection Act of 
2000 (``TVPA''), and the Torture Victims Relief Act of 1998, 
$4,825,214,000, of which $4,777,459,000 shall remain available through 
September 30, 2024 for carrying out such sections 414, 501, 462, and 
235:  Provided, That amounts available under this heading to carry out 
the TVPA shall also be available for research and evaluation with 
respect to activities under such Act: <<NOTE: Applicability.>>   
Provided further, That the limitation in section 205 of this Act 
regarding transfers increasing any appropriation shall apply to 
transfers to appropriations under this heading by substituting ``15 
percent'' for ``3 percent'':  Provided further, That the contribution of 
funds requirement under section 235(c)(6)(C)(iii) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
shall not apply to funds made available under this heading.

    payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990 (``CCDBG Act''), $6,165,330,000 shall be used to supplement, not 
supplant State general revenue funds for child care assistance for low-
income families: <<NOTE: Contracts.>>   Provided, That technical 
assistance under section 658I(a)(3) of such Act may be provided 
directly, or through the use of contracts, grants, cooperative 
agreements, or interagency agreements:  Provided further, That all funds 
made available to carry out section 418 of the Social Security Act (42 
U.S.C. 618), including funds appropriated for that purpose in such 
section 418 or any other provision of law, shall be subject to the 
reservation of funds authority in paragraphs (4) and (5) of section 
658O(a) of the CCDBG Act:  Provided further, That in addition to the 
amounts required to be reserved by the Secretary under section 
658O(a)(2)(A) of such Act, $184,960,000 shall be for Indian tribes and 
tribal organizations.

                       social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000:  Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out State 
programs pursuant to title XX-A of such Act shall be 10 percent.

                 children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Head Start Act, the Every Student

[[Page 136 STAT. 459]]

Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 
and 313 of the Family Violence Prevention and Services Act, the Native 
American Programs Act of 1974, title II of the Child Abuse Prevention 
and Treatment and Adoption Reform Act of 1978 (adoption opportunities), 
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 
1115 of the Social Security Act, and the Community Services Block Grant 
Act (``CSBG Act''); and for necessary administrative expenses to carry 
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security 
Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act 
of 1981, and the Child Care and Development Block Grant Act of 1990, 
$13,438,343,000, of which $75,000,000, to remain available through 
September 30, 2023, shall be for grants to States for adoption and legal 
guardianship incentive payments, as defined by section 473A of the 
Social Security Act and may be made for adoptions and legal 
guardianships completed before September 30, 2022:  Provided, That 
$11,036,820,000 shall be for making payments under the Head Start Act, 
including for Early Head Start-Child Care Partnerships, and, of which, 
notwithstanding section 640 of such Act:
            (1) $234,000,000 shall be available for a cost of living 
        adjustment, and with respect to any continuing appropriations 
        act, funding available for a cost of living adjustment shall not 
        be construed as an authority or condition under this Act;
            (2) $25,000,000 shall be available for allocation by the 
        Secretary to supplement activities described in paragraphs 
        (7)(B) and (9) of section 641(c) of the Head Start Act under the 
        Designation Renewal System, established under the authority of 
        sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and 
        such funds shall not be included in the calculation of ``base 
        grant'' in subsequent fiscal years, as such term is used in 
        section 640(a)(7)(A) of such Act;
            (3) $52,000,000 shall be available for quality improvement 
        consistent with section 640(a)(5) of such Act except that any 
        amount of the funds may be used on any of the activities in such 
        section, of which not less than $2,600,000 shall be available to 
        migrant and seasonal Head Start programs for such activities, in 
        addition to funds made available for migrant and seasonal Head 
        Start programs under any other provision of section 640(a) of 
        such Act;
            (4) $6,000,000 shall be available for the Tribal Colleges 
        and Universities Head Start Partnership Program consistent with 
        section 648(g) of such Act; and
            (5) $21,000,000 shall be available to supplement funding 
        otherwise available for research, evaluation, and Federal 
        administrative costs:

  Provided further, That the Secretary may reduce the reservation of 
funds under section 640(a)(2)(C) of such Act in lieu of reducing the 
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 
640(a)(2)(E) of such Act:  Provided further, That $290,000,000 shall be 
available until December 31, 2022 for carrying out sections 9212 and 
9213 of the Every Student Succeeds Act:  Provided further, That up to 3 
percent of the funds in the preceding proviso shall be available for 
technical assistance and evaluation related to grants awarded under such 
section 9212:  Provided further, That $787,383,000 shall be for making 
payments under the CSBG Act:  Provided further, That for services 
furnished under the CSBG Act

[[Page 136 STAT. 460]]

with funds made available for such purpose in this fiscal year and in 
fiscal year 2021, States may apply the last sentence of section 673(2) 
of the CSBG Act by substituting ``200 percent'' for ``125 percent'':  
Provided further, That $32,383,000 shall be for section 680 of the CSBG 
Act, of which not less than $21,383,000 shall be for section 680(a)(2) 
and not less than $11,000,000 shall be for section 680(a)(3)(B) of such 
Act:  Provided further, That, notwithstanding section 675C(a)(3) of the 
CSBG Act, to the extent Community Services Block Grant funds are 
distributed as grant funds by a State to an eligible entity as provided 
under such Act, and have not been expended by such entity, they shall 
remain with such entity for carryover into the next fiscal year for 
expenditure by such entity consistent with program purposes:  Provided 
further, That <<NOTE: Procedures. Time period. 42 USC 9921 note.>>  the 
Secretary shall establish procedures regarding the disposition of 
intangible assets and program income that permit such assets acquired 
with, and program income derived from, grant funds authorized under 
section 680 of the CSBG Act to become the sole property of such grantees 
after a period of not more than 12 years after the end of the grant 
period for any activity consistent with section 680(a)(2)(A) of the CSBG 
Act:  Provided further, That <<NOTE: 42 USC 9921.>>  intangible assets 
in the form of loans, equity investments and other debt instruments, and 
program income may be used by grantees for any eligible purpose 
consistent with section 680(a)(2)(A) of the CSBG Act:  Provided further, 
That <<NOTE: Applicability. 42 USC 9921.>>  these procedures shall apply 
to such grant funds made available after November 29, 1999:  Provided 
further, That funds appropriated for section 680(a)(2) of the CSBG Act 
shall be available for financing construction and rehabilitation and 
loans or investments in private business enterprises owned by community 
development corporations:  Provided further, That $200,000,000 shall be 
for carrying out section 303(a) of the Family Violence Prevention and 
Services Act, of which $7,000,000 shall be allocated notwithstanding 
section 303(a)(2) of such Act for carrying out section 309 of such Act:  
Provided further, That the percentages specified in section 112(a)(2) of 
the Child Abuse Prevention and Treatment Act shall not apply to funds 
appropriated under this heading:  Provided further, That $1,864,000 
shall be for a human services case management system for federally 
declared disasters, to include a comprehensive national case management 
contract and Federal costs of administering the system:  Provided 
further, That up to $2,000,000 shall be for improving the Public 
Assistance Reporting Information System, including grants to States to 
support data collection for a study of the system's effectiveness:  
Provided further, That $26,992,000 shall be used for the projects, and 
in the amounts, specified in the table titled ``Community Project 
Funding/Congressionally Directed Spending'' included for this division 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act):  Provided further, That 
none of the funds made available for projects described in the preceding 
proviso shall be subject to section 241 of the PHS Act or section 205 of 
this Act.

                   promoting safe and stable families

    For carrying out, except as otherwise provided, section 436 of the 
Social Security Act, $345,000,000 and, for carrying out, except as 
otherwise provided, section 437 of such Act, $82,515,000:

[[Page 136 STAT. 461]]

 Provided, That of the funds available to carry out section 437, 
$59,765,000 shall be allocated consistent with subsections (b) through 
(d) of such section:  Provided further, That of the funds available to 
carry out section 437, to assist in meeting the requirements described 
in section 471(e)(4)(C), $20,000,000 shall be for grants to each State, 
territory, and Indian tribe operating title IV-E plans for developing, 
enhancing, or evaluating kinship navigator programs, as described in 
section 427(a)(1) of such Act and $2,750,000, in addition to funds 
otherwise appropriated in section 476 for such purposes, shall be for 
the Family First Clearinghouse and to support evaluation and technical 
assistance relating to the evaluation of child and family 
services: <<NOTE: Applicability.>>   Provided further, That section 
437(b)(1) shall be applied to amounts in the previous proviso by 
substituting ``5 percent'' for ``3.3 percent'', and notwithstanding 
section 436(b)(1), such reserved amounts may be used for identifying, 
establishing, and disseminating practices to meet the criteria specified 
in section 471(e)(4)(C):  Provided further, That the reservation in 
section 437(b)(2) and the limitations in section 437(d) shall not apply 
to funds specified in the second proviso:  Provided further, That the 
minimum grant award for kinship navigator programs in the case of States 
and territories shall be $200,000, and, in the case of tribes, shall be 
$25,000.

                 payments for foster care and permanency

    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, $6,963,000,000.
    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, for the first quarter of fiscal year 2023, 
$3,200,000,000.
    For carrying out, after May 31 of the current fiscal year, except as 
otherwise provided, section 474 of title IV-E of the Social Security 
Act, for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                   Administration for Community Living

                 aging and disability services programs

                      (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the 
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX 
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of 
the Medicare Improvements for Patients and Providers Act of 2008, title 
XX-B of the Social Security Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title 
II of the Help America Vote Act of 2002, the Assistive Technology Act of 
1998, titles II and VII (and section 14 with respect to such titles) of 
the Rehabilitation Act of 1973, and for Department-wide coordination of 
policy and program activities that assist individuals with disabilities, 
$2,264,927,000, together with $53,115,000 to be transferred from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund to carry out section 4360 of the Omnibus 
Budget Reconciliation Act of 1990:  Provided, That

[[Page 136 STAT. 462]]

amounts appropriated under this heading may be used for grants to States 
under section 361 of the OAA only for disease prevention and health 
promotion programs and activities which have been demonstrated through 
rigorous evaluation to be evidence-based and effective:  Provided 
further, That of amounts made available under this heading to carry out 
sections 311, 331, and 336 of the OAA, up to one percent of such amounts 
shall be available for developing and implementing evidence-based 
practices for enhancing senior nutrition, including medically-tailored 
meals:  Provided further, That notwithstanding any other provision of 
this Act, funds made available under this heading to carry out section 
311 of the OAA may be transferred to the Secretary of Agriculture in 
accordance with such section:  Provided further, That $2,000,000 shall 
be for competitive grants to support alternative financing programs that 
provide for the purchase of assistive technology devices, such as a low-
interest loan fund; an interest buy-down program; a revolving loan fund; 
a loan guarantee; or an insurance program:  Provided further, That 
applicants shall provide an assurance that, and information describing 
the manner in which, the alternative financing program will expand and 
emphasize consumer choice and control:  Provided further, That State 
agencies and community-based disability organizations that are directed 
by and operated for individuals with disabilities shall be eligible to 
compete: <<NOTE: Notice. Deadline.>>   Provided further, That none of 
the funds made available under this heading may be used by an eligible 
system (as defined in section 102 of the Protection and Advocacy for 
Individuals with Mental Illness Act (42 U.S.C. 10802)) to continue to 
pursue any legal action in a Federal or State court on behalf of an 
individual or group of individuals with a developmental disability (as 
defined in section 102(8)(A) of the Developmental Disabilities and 
Assistance and Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that 
is attributable to a mental impairment (or a combination of mental and 
physical impairments), that has as the requested remedy the closure of 
State operated intermediate care facilities for people with intellectual 
or developmental disabilities, unless reasonable public notice of the 
action has been provided to such individuals (or, in the case of mental 
incapacitation, the legal guardians who have been specifically awarded 
authority by the courts to make healthcare and residential decisions on 
behalf of such individuals) who are affected by such action, within 90 
days of instituting such legal action, which informs such individuals 
(or such legal guardians) of their legal rights and how to exercise such 
rights consistent with current Federal Rules of Civil Procedure:  
Provided further, That the limitations in the immediately preceding 
proviso shall not apply in the case of an individual who is neither 
competent to consent nor has a legal guardian, nor shall the proviso 
apply in the case of individuals who are a ward of the State or subject 
to public guardianship:  Provided further, That of the amount made 
available under this heading, $13,871,000 shall be used for the 
projects, and in the amounts, specified in the table titled ``Community 
Project Funding/Congressionally Directed Spending'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, That none of the funds made available for projects described in 
the preceding proviso shall be subject to section 241 of the PHS Act or 
section 205 of this Act.

[[Page 136 STAT. 463]]

                         Office of the Secretary

                     general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six passenger motor vehicles, 
and for carrying out titles III, XVII, XXI, and section 229 of the PHS 
Act, the United States-Mexico Border Health Commission Act, and research 
studies under section 1110 of the Social Security Act, $506,294,000, 
together with $64,828,000 from the amounts available under section 241 
of the PHS Act to carry out national health or human services research 
and evaluation activities:  Provided, That of this amount, $56,900,000 
shall be for minority AIDS prevention and treatment activities:  
Provided further, That of the funds made available under this heading, 
$101,000,000 shall be for making competitive contracts and grants to 
public and private entities to fund medically accurate and age 
appropriate programs that reduce teen pregnancy and for the Federal 
costs associated with administering and evaluating such contracts and 
grants, of which not more than 10 percent of the available funds shall 
be for training and technical assistance, evaluation, outreach, and 
additional program support activities, and of the remaining amount 75 
percent shall be for replicating programs that have been proven 
effective through rigorous evaluation to reduce teenage pregnancy, 
behavioral risk factors underlying teenage pregnancy, or other 
associated risk factors, and 25 percent shall be available for research 
and demonstration grants to develop, replicate, refine, and test 
additional models and innovative strategies for preventing teenage 
pregnancy:  Provided further, That of the amounts provided under this 
heading from amounts available under section 241 of the PHS Act, 
$6,800,000 shall be available to carry out evaluations (including 
longitudinal evaluations) of teenage pregnancy prevention approaches:  
Provided further, That of the funds made available under this heading, 
$35,000,000 shall be for making competitive grants which exclusively 
implement education in sexual risk avoidance (defined as voluntarily 
refraining from non-marital sexual activity): <<NOTE: Sexual risk 
avoidance.>>   Provided further, That funding for such competitive 
grants for sexual risk avoidance shall use medically accurate 
information referenced to peer-reviewed publications by educational, 
scientific, governmental, or health organizations; implement an 
evidence-based approach integrating research findings with practical 
implementation that aligns with the needs and desired outcomes for the 
intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy 
relationships, goal setting, and resisting sexual coercion, dating 
violence, and other youth risk behaviors such as underage drinking or 
illicit drug use without normalizing teen sexual activity:  Provided 
further, That no more than 10 percent of the funding for such 
competitive grants for sexual risk avoidance shall be available for 
technical assistance and administrative costs of such 
programs: <<NOTE: Embryo adoption.>>   Provided further, That funds 
provided in this Act for embryo adoption activities may be used to 
provide to individuals adopting embryos, through grants and other 
mechanisms, medical and administrative services deemed necessary for 
such adoptions:  Provided further, That such services shall be provided 
consistent with 42 CFR 59.5(a)(4):  Provided further, That of the funds 
made available under this heading, $5,000,000 shall be for carrying

[[Page 136 STAT. 464]]

out prize competitions sponsored by the Office of the Secretary to 
accelerate innovation in the prevention, diagnosis, and treatment of 
kidney diseases (as authorized by section 24 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3719)).

                      medicare hearings and appeals

    For expenses necessary for Medicare hearings and appeals in the 
Office of the Secretary, $196,000,000 shall remain available until 
September 30, 2023, to be transferred in appropriate part from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $64,238,000 shall be from 
amounts made available under section 241 of the PHS Act.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$82,400,000:  Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228:  Provided further, That of the 
amount appropriated under this heading, necessary sums shall be 
available for carrying out activities authorized under section 3022 of 
the PHS Act (42 U.S.C. 300jj-52).

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, $39,798,000.

      retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act, such amounts as may be required during the 
current fiscal year.

            public health and social services emergency fund

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and cybersecurity 
threats to civilian populations, and for other public health 
emergencies, $1,274,678,000, of which $745,005,000 shall remain 
available through September 30, 2023, for expenses necessary to support 
advanced research and development pursuant

[[Page 136 STAT. 465]]

to section 319L of the PHS Act and other administrative expenses of the 
Biomedical Advanced Research and Development Authority:  Provided, That 
funds provided under this heading for the purpose of acquisition of 
security countermeasures shall be in addition to any other funds 
available for such purpose:  Provided further, That products purchased 
with funds provided under this heading may, at the discretion of the 
Secretary, be deposited in the Strategic National Stockpile pursuant to 
section 319F-2 of the PHS Act:  Provided further, That $5,000,000 of the 
amounts made available to support emergency operations shall remain 
available through September 30, 2024.
    For expenses necessary for procuring security countermeasures (as 
defined in section 319F-2(c)(1)(B) of the PHS Act), $780,000,000, to 
remain available until expended.
    For expenses necessary to carry out section 319F-2(a) of the PHS 
Act, $845,000,000, to remain available until expended.
    For an additional amount for expenses necessary to prepare for or 
respond to an influenza pandemic, $300,000,000; of which $265,000,000 
shall be available until expended, for activities including the 
development and purchase of vaccine, antivirals, necessary medical 
supplies, diagnostics, and other surveillance tools:  Provided, That 
notwithstanding section 496(b) of the PHS Act, funds may be used for the 
construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccines and other biologics, if the 
Secretary finds such construction or renovation necessary to secure 
sufficient supplies of such vaccines or biologics.

              advanced research projects agency for health

                      (including transfer of funds)

    For carrying out section 301 and title IV of the PHS Act with 
respect to advanced research projects for health, $1,000,000,000, to 
remain available through September 30, 2024:  Provided, 
That <<NOTE: Appointment. 42 USC 241 note.>>  the President shall 
appoint in the Department of Health and Human Services a director of 
advanced research projects for health (Director):  Provided further, 
That funds may be used to make or rescind appointments of scientific, 
medical, and professional personnel without regard to any provision in 
title 5 governing appointments under the civil service laws:  Provided 
further, That funds may be used to fix the compensation of such 
personnel at a rate to be determined by the Director, up to the amount 
of annual compensation (excluding expenses) specified in section 102 of 
title 3, United States Code: <<NOTE: Grants. Contracts.>>   Provided 
further, That the Director may use funds made available under this 
heading to make awards in the form of grants, contracts, cooperative 
agreements, and cash prizes, and enter into other transactions (as 
defined in section 319L(a)(3) of the PHS Act):  Provided further, That 
activities supported with funds provided under this heading shall not be 
subject to the requirements of sections 406(a)(3)(A)(ii) or 492 of the 
PHS Act:  Provided further, That <<NOTE: Deadline.>>  the Secretary may 
transfer the Advanced Research Projects Agency for Health, including the 
functions, personnel, missions, activities, authorities, and funds, 
within 30 days of enactment of this Act to any agency or office of the 
Department of Health and Human Services, including the National 
Institutes of Health:  Provided further, That the Committees on

[[Page 136 STAT. 466]]

Appropriations of the House of Representatives and the Senate shall be 
notified at least 15 days in advance of any transfer pursuant to the 
preceding proviso.

                           General Provisions

    Sec. 201.  Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202.  None of the funds appropriated in this title shall be 
used to pay the salary of an individual, through a grant or other 
extramural mechanism, at a rate in excess of Executive Level II:  
Provided, That none of the funds appropriated in this title shall be 
used to prevent the NIH from paying up to 100 percent of the salary of 
an individual at this rate.
    Sec. 203.  None <<NOTE: Reports.>>  of the funds appropriated in 
this Act may be expended pursuant to section 241 of the PHS Act, except 
for funds specifically provided for in this Act, or for other taps and 
assessments made by any office located in HHS, prior to the preparation 
and submission of a report by the Secretary to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the planned uses of such funds.

    Sec. 204.  Notwithstanding <<NOTE: Determination. Evaluation.>>  
section 241(a) of the PHS Act, such portion as the Secretary shall 
determine, but not more than 2.5 percent, of any amounts appropriated 
for programs authorized under such Act shall be made available for the 
evaluation (directly, or by grants or contracts) and the implementation 
and effectiveness of programs funded in this title.

                           (transfer of funds)

    Sec. 205.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for HHS in this 
Act may be transferred between appropriations, but no such appropriation 
shall be increased by more than 3 percent by any such transfer:  
Provided, That the transfer authority granted by this section shall not 
be used to create any new program or to fund any project or activity for 
which no funds are provided in this Act:  Provided further, 
That <<NOTE: Notification. Time period.>>  the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.

    Sec. 206.  In lieu of <<NOTE: Time period. Contracts.>>  the 
timeframe specified in section 338E(c)(2) of the PHS Act, terminations 
described in such section may occur up to 60 days after the effective 
date of a contract awarded in fiscal year 2022 under section 338B of 
such Act, or at any time if the individual who has been awarded such 
contract has not received funds due under the contract.

    Sec. 207.  None <<NOTE: Certification. Children and youth. Family 
planning.>>  of the funds appropriated in this Act may be made available 
to any entity under title X of the PHS Act unless the applicant for the 
award certifies to the Secretary that it encourages family participation 
in the decision of minors to seek family planning services and that it 
provides counseling to minors on how to resist attempts to coerce minors 
into engaging in sexual activities.

    Sec. 208.  Notwithstanding <<NOTE: Child abuse.>>  any other 
provision of law, no provider of services under title X of the PHS Act 
shall be exempt

[[Page 136 STAT. 467]]

from any State law requiring notification or the reporting of child 
abuse, child molestation, sexual abuse, rape, or incest.

    Sec. 209.  None <<NOTE: Abortions.>>  of the funds appropriated by 
this Act (including funds appropriated to any trust fund) may be used to 
carry out the Medicare Advantage program if the Secretary denies 
participation in such program to an otherwise eligible entity (including 
a Provider Sponsored Organization) because the entity informs the 
Secretary that it will not provide, pay for, provide coverage of, or 
provide referrals for abortions:  Provided, That the Secretary shall 
make appropriate prospective adjustments to the capitation payment to 
such an entity (based on an actuarially sound estimate of the expected 
costs of providing the service to such entity's enrollees):  Provided 
further, That nothing in this section shall be construed to change the 
Medicare program's coverage for such services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information about all Medicare 
covered services.

    Sec. 210.  None <<NOTE: Gun control.>>  of the funds made available 
in this title may be used, in whole or in part, to advocate or promote 
gun control.

    Sec. 211.  The <<NOTE: Government employees. Children and 
youth. AIDS.>>  Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United Nations 
International Children's Emergency Fund or the World Health 
Organization.

    Sec. 212.  In order for HHS to carry out international health 
activities, including HIV/AIDS and other infectious disease, chronic and 
environmental disease, and other health activities abroad during fiscal 
year 2022:
            (1) The Secretary may exercise authority equivalent to that 
        available to the Secretary of State in section 2(c) of the State 
        Department Basic Authorities Act of 
        1956. <<NOTE: Consultation.>>  The Secretary shall consult with 
        the Secretary of State and relevant Chief of Mission to ensure 
        that the authority provided in this section is exercised in a 
        manner consistent with section 207 of the Foreign Service Act of 
        1980 and other applicable statutes administered by the 
        Department of State.
            (2) The <<NOTE: Reimbursement.>>  Secretary is authorized to 
        provide such funds by advance or reimbursement to the Secretary 
        of State as may be necessary to pay the costs of acquisition, 
        lease, alteration, renovation, and management of facilities 
        outside of the United States for the use of HHS. The Department 
        of State shall cooperate fully with the Secretary to ensure that 
        HHS has secure, safe, functional facilities that comply with 
        applicable regulation governing location, setback, and other 
        facilities requirements and serve the purposes established by 
        this Act. The 
        Secretary <<NOTE: Consultation. Grants. Contracts.>>  is 
        authorized, in consultation with the Secretary of State, through 
        grant or cooperative agreement, to make available to public or 
        nonprofit private institutions or agencies in participating 
        foreign countries, funds to acquire, lease, alter, or renovate 
        facilities in those countries as necessary to conduct programs 
        of assistance for international health activities, including 
        activities relating to HIV/AIDS and other infectious diseases, 
        chronic and environmental diseases, and other health activities 
        abroad.

[[Page 136 STAT. 468]]

            (3) The Secretary is authorized to provide to personnel 
        appointed or assigned by the Secretary to serve abroad, 
        allowances and benefits similar to those provided under chapter 
        9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 
        4081 through 4086 and subject to such regulations prescribed by 
        the Secretary. The Secretary is further authorized to provide 
        locality-based comparability payments (stated as a percentage) 
        up to the amount of the locality-based comparability payment 
        (stated as a percentage) that would be payable to such personnel 
        under section 5304 of title 5, United States Code if such 
        personnel's official duty station were in the District of 
        Columbia. Leaves of absence for personnel under this subsection 
        shall be on the same basis as that provided under subchapter I 
        of chapter 63 of title 5, United States Code, or section 903 of 
        the Foreign Service Act of 1980, to individuals serving in the 
        Foreign Service.

                           (transfer of funds)

    Sec. 213.  The Director of the NIH, jointly with the Director of the 
Office of AIDS Research, may transfer up to 3 percent among institutes 
and centers from the total amounts identified by these two Directors as 
funding for research pertaining to the human immunodeficiency 
virus: <<NOTE: Notification. Time period.>>   Provided, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.

                           (transfer of funds)

    Sec. 214.  Of the amounts <<NOTE: Determination.>>  made available 
in this Act for NIH, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Director of NIH and 
the Director of the Office of AIDS Research, shall be made available to 
the ``Office of AIDS Research'' account. The Director of the Office of 
AIDS Research shall transfer from such account amounts necessary to 
carry out section 2353(d)(3) of the PHS Act.

    Sec. 215. (a) Authority.--Notwithstanding any other provision of 
law, the Director of NIH (``Director'') may use funds authorized under 
section 402(b)(12) of the PHS Act to enter into transactions (other than 
contracts, cooperative agreements, or grants) to carry out research 
identified pursuant to or research and activities described in such 
section 402(b)(12).
    (b) Peer Review.--In 
entering <<NOTE: Procedures. Consultation. Assessments.>>  into 
transactions under subsection (a), the Director may utilize such peer 
review procedures (including consultation with appropriate scientific 
experts) as the Director determines to be appropriate to obtain 
assessments of scientific and technical merit. <<NOTE: Applicability.>>  
Such procedures shall apply to such transactions in lieu of the peer 
review and advisory council review procedures that would otherwise be 
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
406(a)(3)(A), 492, and 494 of the PHS Act.

    Sec. 216.  Not to exceed $100,000,000 of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $5,000,000 per project.

[[Page 136 STAT. 469]]

                           (transfer of funds)

    Sec. 217.  Of the amounts made available for NIH, 1 percent of the 
amount made available for National Research Service Awards (``NRSA'') 
shall be made available to the Administrator of the Health Resources and 
Services Administration to make NRSA awards for research in primary 
medical care to individuals affiliated with entities who have received 
grants or contracts under sections 736, 739, or 747 of the PHS Act, and 
1 percent of the amount made available for NRSA shall be made available 
to the Director of the Agency for Healthcare Research and Quality to 
make NRSA awards for health service research.
    Sec. 218. (a) <<NOTE: Contracts.>>  The Biomedical Advanced Research 
and Development Authority (``BARDA'') may enter into a contract, for 
more than one but no more than 10 program years, for purchase of 
research services or of security countermeasures, as that term is 
defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-
6b(c)(1)(B)), if--
            (1) funds are available and obligated--
                    (A) for the full period of the contract or for the 
                first fiscal year in which the contract is in effect; 
                and
                    (B) for the estimated costs associated with a 
                necessary termination of the contract; and
            (2) <<NOTE: Determination.>>  the Secretary determines that 
        a multi-year contract will serve the best interests of the 
        Federal Government by encouraging full and open competition or 
        promoting economy in administration, performance, and operation 
        of BARDA's programs.

    (b) A contract entered into under this section--
            (1) shall include a termination clause as described by 
        subsection (c) of section 3903 of title 41, United States Code; 
        and
            (2) shall be subject to the congressional notice requirement 
        stated in subsection (d) of such section.

    Sec. 219. (a) <<NOTE: Publication. Web posting.>>  The Secretary 
shall publish in the fiscal year 2023 budget justification and on 
Departmental Web sites information concerning the employment of full-
time equivalent Federal employees or contractors for the purposes of 
implementing, administering, enforcing, or otherwise carrying out the 
provisions of the ACA, and the amendments made by that Act, in the 
proposed fiscal year and each fiscal year since the enactment of the 
ACA.

    (b) With respect to employees or contractors supported by all funds 
appropriated for purposes of carrying out the ACA (and the amendments 
made by that Act), the Secretary shall include, at a minimum, the 
following information:
            (1) For each such fiscal year, the section of such Act under 
        which such funds were appropriated, a statement indicating the 
        program, project, or activity receiving such funds, the Federal 
        operating division or office that administers such program, and 
        the amount of funding received in discretionary or mandatory 
        appropriations.
            (2) For each such fiscal year, the number of full-time 
        equivalent employees or contracted employees assigned to each 
        authorized and funded provision detailed in accordance with 
        paragraph (1).

    (c) In carrying out this section, the Secretary may exclude from the 
report employees or contractors who--

[[Page 136 STAT. 470]]

            (1) are supported through appropriations enacted in laws 
        other than the ACA and work on programs that existed prior to 
        the passage of the ACA;
            (2) spend less than 50 percent of their time on activities 
        funded by or newly authorized in the ACA; or
            (3) work on contracts for which FTE reporting is not a 
        requirement of their contract, such as fixed-price contracts.

    Sec. 220.  The Secretary <<NOTE: Publication.>>  shall publish, as 
part of the fiscal year 2023 budget of the President submitted under 
section 1105(a) of title 31, United States Code, information that 
details the uses of all funds used by the Centers for Medicare & 
Medicaid Services specifically for Health Insurance Exchanges for each 
fiscal year since the enactment of the ACA and the proposed uses for 
such funds for fiscal year 2023. Such information shall include, for 
each such fiscal year, the amount of funds used for each activity 
specified under the heading ``Health Insurance Exchange Transparency'' 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

    Sec. 221.  None of the funds made available by this Act from the 
Federal Hospital Insurance Trust Fund or the Federal Supplemental 
Medical Insurance Trust Fund, or transferred from other accounts funded 
by this Act to the ``Centers for Medicare & Medicaid Services--Program 
Management'' account, may be used for payments under section 1342(b)(1) 
of Public Law 111-148 (relating to risk corridors).

                           (transfer of funds)

    Sec. 222. (a) <<NOTE: Deadline.>>  Within 45 days of enactment of 
this Act, the Secretary shall transfer funds appropriated under section 
4002 of the ACA to the accounts specified, in the amounts specified, and 
for the activities specified under the heading ``Prevention and Public 
Health Fund'' in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act).

    (b) Notwithstanding section 4002(c) of the ACA, the Secretary may 
not further transfer these amounts.
    (c) Funds transferred for activities authorized under section 2821 
of the PHS Act shall be made available without reference to section 
2821(b) of such Act.
    Sec. 223.  Effective <<NOTE: Effective date. Time period.>>  during 
the period beginning on November 1, 2015 and ending January 1, 2024, any 
provision of law that refers (including through cross-reference to 
another provision of law) to the current recommendations of the United 
States Preventive Services Task Force with respect to breast cancer 
screening, mammography, and prevention shall be administered by the 
Secretary involved as if--
            (1) such reference to such current recommendations were a 
        reference to the recommendations of such Task Force with respect 
        to breast cancer screening, mammography, and prevention last 
        issued before 2009; and
            (2) such recommendations last issued before 2009 applied to 
        any screening mammography modality under section 1861(jj) of the 
        Social Security Act (42 U.S.C. 1395x(jj)).

    Sec. 224.  In making <<NOTE: Applicability.>>  Federal financial 
assistance, the provisions relating to indirect costs in part 75 of 
title 45, Code of Federal Regulations, including with respect to the 
approval of deviations

[[Page 136 STAT. 471]]

from negotiated rates, shall continue to apply to the National 
Institutes of Health to the same extent and in the same manner as such 
provisions were applied in the third quarter of fiscal year 2017. None 
of the funds appropriated in this or prior Acts or otherwise made 
available to the Department of Health and Human Services or to any 
department or agency may be used to develop or implement a modified 
approach to such provisions, or to intentionally or substantially expand 
the fiscal effect of the approval of such deviations from negotiated 
rates beyond the proportional effect of such approvals in such quarter.

                           (transfer of funds)

    Sec. 225.  The NIH Director <<NOTE: Opioids. Time 
period. Notification.>>  may transfer funds for opioid addiction, opioid 
alternatives, stimulant misuse and addiction, pain management, and 
addiction treatment to other Institutes and Centers of the NIH to be 
used for the same purpose 15 days after notifying the Committees on 
Appropriations of the House of Representatives and the Senate:  
Provided, That the transfer authority provided in the previous proviso 
is in addition to any other transfer authority provided by law.

    Sec. 226. (a) <<NOTE: Notifications. Grants.>>  The Secretary shall 
provide to the Committees on Appropriations of the House of 
Representatives and the Senate:
            (1) Detailed monthly enrollment figures from the Exchanges 
        established under the Patient Protection and Affordable Care Act 
        of 2010 pertaining to enrollments during the open enrollment 
        period; and
            (2) Notification of any new or competitive grant awards, 
        including supplements, authorized under section 330 of the 
        Public Health Service Act.

    (b) <<NOTE: Time period.>>  The Committees on Appropriations of the 
House and Senate must be notified at least 2 business days in advance of 
any public release of enrollment information or the award of such 
grants.

    Sec. 227.  In addition to the amounts otherwise available for 
``Centers for Medicare & Medicaid Services, Program Management'', the 
Secretary of Health and Human Services may transfer up to $355,000,000 
to such account from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund to support program 
management activity related to the Medicare Program:  Provided, That 
except for the foregoing purpose, such funds may not be used to support 
any provision of Public Law 111-148 or Public Law 111-152 (or any 
amendment made by either such Public Law) or to supplant any other 
amounts within such account.
    Sec. 228.  The Department <<NOTE: Reports.>>  of Health and Human 
Services shall provide the Committees on Appropriations of the House of 
Representatives and Senate a biannual report 30 days after enactment of 
this Act on staffing described in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).

    Sec. 229.  Funds appropriated in this Act that are available for 
salaries and expenses of employees of the Department of Health and Human 
Services shall also be available to pay travel and related expenses of 
such an employee or of a member of his or her family, when such employee 
is assigned to duty, in the United States or in a U.S. territory, during 
a period and in a location that are the subject of a determination of a 
public health emergency

[[Page 136 STAT. 472]]

under section 319 of the Public Health Service Act and such travel is 
necessary to obtain medical care for an illness, injury, or medical 
condition that cannot be adequately addressed in that location at that 
time. For purposes of this section, the term ``U.S. territory'' means 
Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the 
Virgin Islands, American Samoa, or the Trust Territory of the Pacific 
Islands.
    Sec. 230.  The Department of Health and Human Services may accept 
donations from the private sector, nongovernmental organizations, and 
other groups independent of the Federal Government for the care of 
unaccompanied alien children (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the 
Office of Refugee Resettlement of the Administration for Children and 
Families, including medical goods and services, which may include early 
childhood developmental screenings, school supplies, toys, clothing, and 
any other items intended to promote the wellbeing of such children.
    Sec. 231.  None <<NOTE: Alien children. Determination. Time 
periods. Grants. Contracts.>>  of the funds made available in this Act 
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant 
Assistance'' may be obligated to a grantee or contractor to house 
unaccompanied alien children (as such term is defined in section 
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in 
any facility that is not State-licensed for the care of unaccompanied 
alien children, except in the case that the Secretary determines that 
housing unaccompanied alien children in such a facility is necessary on 
a temporary basis due to an influx of such children or an emergency, 
provided that--
            (1) <<NOTE: Requirements. Compliance.>>  the terms of the 
        grant or contract for the operations of any such facility that 
        remains in operation for more than six consecutive months shall 
        require compliance with--
                    (A) <<NOTE: Determination.>>  the same requirements 
                as licensed placements, as listed in Exhibit 1 of the 
                Flores Settlement Agreement that the Secretary 
                determines are applicable to non-State licensed 
                facilities; and
                    (B) staffing ratios of one (1) on-duty Youth Care 
                Worker for every eight (8) children or youth during 
                waking hours, one (1) on-duty Youth Care Worker for 
                every sixteen (16) children or youth during sleeping 
                hours, and clinician ratios to children (including 
                mental health providers) as required in grantee 
                cooperative agreements;
            (2) <<NOTE: Waiver authority. Certification. Reports.>>  the 
        Secretary may grant a 60-day waiver for a contractor's or 
        grantee's non-compliance with paragraph (1) if the Secretary 
        certifies and provides a report to Congress on the contractor's 
        or grantee's good-faith efforts and progress towards compliance;
            (3) not more than four consecutive waivers under paragraph 
        (2) may be granted to a contractor or grantee with respect to a 
        specific facility;
            (4) ORR shall ensure full adherence to the monitoring 
        requirements set forth in section 5.5 of its Policies and 
        Procedures Guide as of May 15, 2019;
            (5) for any such unlicensed facility in operation for more 
        than three consecutive months, ORR shall conduct a minimum of 
        one comprehensive monitoring visit during the first three months 
        of operation, with quarterly monitoring visits thereafter; and

[[Page 136 STAT. 473]]

            (6) <<NOTE: Deadline. Briefing.>>  not later than 60 days 
        after the date of enactment of this Act, ORR shall brief the 
        Committees on Appropriations of the House of Representatives and 
        the Senate outlining the requirements of ORR for influx 
        facilities including any requirement listed in paragraph (1)(A) 
        that the Secretary has determined are not applicable to non-
        State licensed facilities.

    Sec. 232.  In addition <<NOTE: Notification. Time 
periods. Analysis. Alien children. 6 USC 279 note.>>  to the existing 
Congressional notification for formal site assessments of potential 
influx facilities, the Secretary shall notify the Committees on 
Appropriations of the House of Representatives and the Senate at least 
15 days before operationalizing an unlicensed facility, and shall (1) 
specify whether the facility is hard-sided or soft-sided, and (2) 
provide analysis that indicates that, in the absence of the influx 
facility, the likely outcome is that unaccompanied alien children will 
remain in the custody of the Department of Homeland Security for longer 
than 72 hours or that unaccompanied alien children will be otherwise 
placed in danger. <<NOTE: Reports.>>  Within 60 days of bringing such a 
facility online, and monthly thereafter, the Secretary shall provide to 
the Committees on Appropriations of the House of Representatives and the 
Senate a report detailing the total number of children in care at the 
facility, the average length of stay and average length of care of 
children at the facility, and, for any child that has been at the 
facility for more than 60 days, their length of stay and reason for 
delay in release.

    Sec. 233.  None <<NOTE: Congress. Alien children. Time period.>>  of 
the funds made available in this Act may be used to prevent a United 
States Senator or Member of the House of Representatives from entering, 
for the purpose of conducting oversight, any facility in the United 
States used for the purpose of maintaining custody of, or otherwise 
housing, unaccompanied alien children (as defined in section 462(g)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), provided 
that such Senator or Member has coordinated the oversight visit with the 
Office of Refugee Resettlement not less than two business days in 
advance to ensure that such visit would not interfere with the 
operations (including child welfare and child safety operations) of such 
facility.

    Sec. 234.  Not <<NOTE: Public information. Web 
posting. Reports. Alien children. 6 USC 279 note.>>  later than 14 days 
after the date of enactment of this Act, and monthly thereafter, the 
Secretary shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate, and make publicly available online, a 
report with respect to children who were separated from their parents or 
legal guardians by the Department of Homeland Security (DHS) (regardless 
of whether or not such separation was pursuant to an option selected by 
the children, parents, or guardians), subsequently classified as 
unaccompanied alien children, and transferred to the care and custody of 
ORR during the previous month. Each report shall contain the following 
information:
            (1) the number and ages of children so separated subsequent 
        to apprehension at or between ports of entry, to be reported by 
        sector where separation occurred; and
            (2) the documented cause of separation, as reported by DHS 
        when each child was referred.

    Sec. 235.  Funds appropriated in this Act that are available for 
salaries and expenses of employees of the Centers for Disease Control 
and Prevention shall also be available for the primary and secondary 
schooling of eligible dependents of personnel stationed in a U.S. 
territory as defined in section 229 of this Act

[[Page 136 STAT. 474]]

at costs not in excess of those paid for or reimbursed by the Department 
of Defense.

                               (rescission)

    Sec. 236.  Of <<NOTE: Deadline.>>  the unobligated balances in the 
``Nonrecurring Expenses Fund'' established in section 223 of division G 
of Public Law 110-161, $650,000,000 are hereby rescinded not later than 
September 30, 2022.

    Sec. 237.  The <<NOTE: Real property.>>  unobligated balances of 
amounts appropriated or transferred to the Centers for Disease Control 
and Prevention under the heading ``Buildings and Facilities'' in title 
II of division H of the Consolidated Appropriations Act, 2018 (Public 
Law 115-141) for a biosafety level 4 laboratory shall also be available 
for the acquisition of real property, equipment, construction, 
demolition, renovation of facilities, and installation expenses, 
including moving expenses, related to such 
laboratory: <<NOTE: Deadline.>>   Provided, That not later than 
September 30, 2022, the remaining unobligated balances of such funds are 
hereby rescinded, and an amount of additional new budget authority 
equivalent to the amount rescinded is hereby appropriated, to remain 
available until expended, for the same purposes as such unobligated 
balances, in addition to any other amounts available for such purposes.

    Sec. 238.  The Secretary of Health and Human Services may waive 
penalties and administrative requirements in title XXVI of the Public 
Health Service Act for awards under such title from amounts provided 
under the heading ``Department of Health and Human Services--Health 
Resources and Services Administration'' in this or any other 
appropriations Act for this fiscal year, including amounts made 
available to such heading by transfer.
    Sec. 239.  The <<NOTE: Requirement. Notification. 42 USC 283a-4.>>  
Director of the National Institutes of Health shall hereafter require 
institutions that receive funds through a grant or cooperative agreement 
during fiscal year 2022 and in future years to notify the Director when 
individuals identified as a principal investigator or as key personnel 
in an NIH notice of award are removed from their position or are 
otherwise disciplined due to concerns about harassment, bullying, 
retaliation, or hostile working conditions. <<NOTE: Regulations.>>  The 
Director may issue regulations consistent with this section.

    Sec. 240.  The CDC Undergraduate Public Health Scholars Program is 
hereby renamed as the John R. Lewis CDC Undergraduate Public Health 
Scholars Program.
    Sec. 241.  The <<NOTE: Federal buildings and facilities.>>  Center 
for Alzheimer's Disease and Related Dementias Building (Building T-44) 
at the National Institutes of Health is hereby renamed as the Roy Blunt 
Center for Alzheimer's Disease and Related Dementias Research Building.

    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2022''.

TITLE III <<NOTE: Department of Education Appropriations Act, 2022.>> 

                         DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

    For carrying out title I and subpart 2 of part B of title II of the 
Elementary and Secondary Education Act of 1965 (referred to in this Act 
as ``ESEA'') and section 418A of the Higher Education

[[Page 136 STAT. 475]]

Act of 1965 (referred to in this Act as ``HEA''), $18,229,790,000, of 
which $7,306,490,000 shall become available on July 1, 2022, and shall 
remain available through September 30, 2023, and of which 
$10,841,177,000 shall become available on October 1, 2022, and shall 
remain available through September 30, 2023, for academic year 2022-
2023:  Provided, That $6,459,401,000 shall be for basic grants under 
section 1124 of the ESEA:  Provided further, That up to $5,000,000 of 
these funds shall be available to the Secretary of Education (referred 
to in this title as ``Secretary'') on October 1, 2021, to obtain 
annually updated local educational agency-level census poverty data from 
the Bureau of the Census:  Provided further, That $1,362,301,000 shall 
be for concentration grants under section 1124A of the ESEA:  Provided 
further, That $4,857,550,000 shall be for targeted grants under section 
1125 of the ESEA:  Provided further, That $4,857,550,000 shall be for 
education finance incentive grants under section 1125A of the ESEA:  
Provided further, That $221,000,000 shall be for carrying out subpart 2 
of part B of title II:  Provided further, That $48,123,000 shall be for 
carrying out section 418A of the HEA.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VII of the ESEA, $1,557,112,000, of 
which $1,409,242,000 shall be for basic support payments under section 
7003(b), $48,316,000 shall be for payments for children with 
disabilities under section 7003(d), $17,406,000 shall be for 
construction under section 7007(a), $77,313,000 shall be for Federal 
property payments under section 7002, and $4,835,000, to remain 
available until expended, shall be for facilities maintenance under 
section 7008:  Provided, That for purposes of computing the amount of a 
payment for an eligible local educational agency under section 7003(a) 
for school year 2021-2022, children enrolled in a school of such agency 
that would otherwise be eligible for payment under section 7003(a)(1)(B) 
of such Act, but due to the deployment of both parents or legal 
guardians, or a parent or legal guardian having sole custody of such 
children, or due to the death of a military parent or legal guardian 
while on active duty (so long as such children reside on Federal 
property as described in section 7003(a)(1)(B)), are no longer eligible 
under such section, shall be considered as eligible students under such 
section, provided such students remain in average daily attendance at a 
school in the same local educational agency they attended prior to their 
change in eligibility status.

                       School Improvement Programs

    For carrying out school improvement activities authorized by part B 
of title I, part A of title II, subpart 1 of part A of title IV, part B 
of title IV, part B of title V, and parts B and C of title VI of the 
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Compact of Free 
Association Amendments Act of 2003; and the Civil Rights Act of 1964, 
$5,595,835,000, of which $3,757,312,000 shall become available on July 
1, 2022, and remain available through September 30, 2023, and of which 
$1,681,441,000 shall become available on October 1, 2022, and shall 
remain available through September 30, 2023, for academic year 2022-
2023:

[[Page 136 STAT. 476]]

 Provided, That $390,000,000 shall be for part B of title I:  Provided 
further, That $1,289,673,000 shall be for part B of title IV:  Provided 
further, That <<NOTE: Applicability.>>  $38,897,000 shall be for part B 
of title VI, which may be used for construction, renovation, and 
modernization of any public elementary school, secondary school, or 
structure related to a public elementary school or secondary school that 
serves a predominantly Native Hawaiian student body, and that the 5 
percent limitation in section 6205(b) of the ESEA on the use of funds 
for administrative purposes shall apply only to direct administrative 
costs:  Provided further, That <<NOTE: Applicability.>>  $37,953,000 
shall be for part C of title VI, which shall be awarded on a competitive 
basis, and may be used for construction, and that the 5 percent 
limitation in section 6305 of the ESEA on the use of funds for 
administrative purposes shall apply only to direct administrative costs: 
 Provided further, That $54,000,000 shall be available to carry out 
section 203 of the Educational Technical Assistance Act of 2002 and the 
Secretary shall make such arrangements as determined to be necessary to 
ensure that the Bureau of Indian Education has access to services 
provided under this section:  Provided further, That $19,657,000 shall 
be available to carry out the Supplemental Education Grants program for 
the Federated States of Micronesia and the Republic of the Marshall 
Islands:  Provided further, That the Secretary may reserve up to 5 
percent of the amount referred to in the previous proviso to provide 
technical assistance in the implementation of these grants:  Provided 
further, That $195,000,000 shall be for part B of title V:  Provided 
further, That $1,280,000,000 shall be available for grants under subpart 
1 of part A of title IV.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VI, part A of the ESEA, $189,246,000, of which 
$70,000,000 shall be for subpart 2 of part A of title VI and $9,365,000 
shall be for subpart 3 of part A of title VI:  Provided, That the 5 
percent <<NOTE: Applicability.>>  limitation in sections 6115(d), 
6121(e), and 6133(g) of the ESEA on the use of funds for administrative 
purposes shall apply only to direct administrative costs:  Provided 
further, That grants awarded <<NOTE: Time period.>>  under sections 6132 
and 6133 of the ESEA with funds provided under this heading may be for a 
period of up to 5 years.

                       Innovation and Improvement

    For carrying out activities authorized by subparts 1, 3 and 4 of 
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F 
of title IV of the ESEA, $1,160,250,000:  Provided, That $265,750,000 
shall be for subparts 1, 3 and 4 of part B of title II and shall be made 
available without regard to sections 2201, 2231(b) and 2241:  Provided 
further, That $660,500,000 shall be for parts C, D, and E and subpart 4 
of part F of title IV, and shall be made available without regard to 
sections 4311, 4409(a), and 4601 of the ESEA:  Provided further, That 
section 4303(d)(3)(A)(i) shall not apply to the funds available for part 
C of title IV:  Provided further, That of the funds available for part C 
of title IV, the Secretary shall use $60,000,000 to carry out section 
4304, of which not more than $10,000,000 shall be available to carry out 
section 4304(k), $140,000,000, to remain available

[[Page 136 STAT. 477]]

through March 31, 2023, to carry out section 4305(b), and not more than 
$15,000,000 to carry out the activities in section 4305(a)(3):  Provided 
further, That notwithstanding section 4601(b), $234,000,000 shall be 
available through December 31, 2022 for subpart 1 of part F of title IV: 
 Provided further, That of the funds available for subpart 4 of part F 
of title IV, $6,000,000 shall be for an award to a national nonprofit 
organization selected in the 2018 arts in education national program 
competition for activities authorized under section 4642(a)(1)(C), 
including costs incurred prior to the award date, and not less than 
$8,000,000 shall be used to carry out a separate competition for 
eligible national nonprofit organizations, as described in the 
Applications for New Awards; Assistance for Arts Education Program--Arts 
in Education National Program published in the Federal Register on May 
7, 2018, for activities described under section 4642(a)(1)(C).

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subparts 2 and 3 of part F 
of title IV of the ESEA, $361,000,000, to remain available through 
December 31, 2022:  Provided, That $201,000,000 shall be available for 
section 4631, of which up to $5,000,000, to remain available until 
expended, shall be for the Project School Emergency Response to Violence 
(Project SERV) program:  Provided further, That $75,000,000 shall be 
available for section 4625:  Provided further, That $85,000,000 shall be 
for section 4624.

                      English Language Acquisition

    For carrying <<NOTE: Effective date. Time period.>>  out part A of 
title III of the ESEA, $831,400,000, which shall become available on 
July 1, 2022, and shall remain available through September 30, 2023, 
except that 6.5 percent of such amount shall be available on October 1, 
2021, and shall remain available through September 30, 2023, to carry 
out activities under section 3111(c)(1)(C).

Special Education <<NOTE: State and local governments.>> 

    For carrying out the Individuals with Disabilities Education Act 
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004, 
$14,519,119,000, of which $4,966,176,000 shall become available on July 
1, 2022, and shall remain available through September 30, 2023, and of 
which $9,283,383,000 shall become available on October 1, 2022, and 
shall remain available through September 30, 2023, for academic year 
2022-2023:  Provided, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for that activity 
during fiscal year 2021, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percent change in 
the funds appropriated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2021:  Provided 
further, That the Secretary shall, without regard to section 611(d) of 
the IDEA, distribute to all other States (as that term is defined in 
section 611(g)(2)), subject to the third proviso, any amount by which a 
State's allocation under section 611, from funds appropriated under this 
heading, is reduced under section 612(a)(18)(B), according to the 
following: 85 percent on the basis of the States' relative populations 
of children aged 3 through 21 who are of

[[Page 136 STAT. 478]]

the same age as children with disabilities for whom the State ensures 
the availability of a free appropriate public education under this part, 
and 15 percent to States on the basis of the States' relative 
populations of those children who are living in poverty:  Provided 
further, That the Secretary may not distribute any funds under the 
previous proviso to any State whose reduction in allocation from funds 
appropriated under this heading made funds available for such a 
distribution:  Provided further, That the States shall allocate such 
funds distributed under the second proviso to local educational agencies 
in accordance with section 611(f):  Provided further, That <<NOTE: 20 
USC 1411 note.>>  the amount by which a State's allocation under section 
611(d) of the IDEA is reduced under section 612(a)(18)(B) and the 
amounts distributed to States under the previous provisos in fiscal year 
2012 or any subsequent year shall not be considered in calculating the 
awards under section 611(d) for fiscal year 2013 or for any subsequent 
fiscal years:  Provided further, That, <<NOTE: Applicability. Time 
period.>>  notwithstanding the provision in section 612(a)(18)(B) 
regarding the fiscal year in which a State's allocation under section 
611(d) is reduced for failure to comply with the requirement of section 
612(a)(18)(A), the Secretary may apply the reduction specified in 
section 612(a)(18)(B) over a period of consecutive fiscal years, not to 
exceed 5, until the entire reduction is applied: <<NOTE: 20 USC 1411 
note.>>   Provided further, That the Secretary may, in any fiscal year 
in which a State's allocation under section 611 is reduced in accordance 
with section 612(a)(18)(B), reduce the amount a State may reserve under 
section 611(e)(1) by an amount that bears the same relation to the 
maximum amount described in that paragraph as the reduction under 
section 612(a)(18)(B) bears to the total allocation the State would have 
received in that fiscal year under section 611(d) in the absence of the 
reduction:  Provided further, That <<NOTE: 20 USC 1411 note.>>  the 
Secretary shall either reduce the allocation of funds under section 611 
for any fiscal year following the fiscal year for which the State fails 
to comply with the requirement of section 612(a)(18)(A) as authorized by 
section 612(a)(18)(B), or seek to recover funds under section 452 of the 
General Education Provisions Act (20 U.S.C. 1234a):  Provided further, 
That the funds reserved under 611(c) of the IDEA may be used to provide 
technical assistance to States to improve the capacity of the States to 
meet the data collection requirements of sections 616 and 618 and to 
administer and carry out other services and activities to improve data 
collection, coordination, quality, and use under parts B and C of the 
IDEA:  Provided further, That <<NOTE: Evaluation.>>  the Secretary may 
use funds made available for the State Personnel Development Grants 
program under part D, subpart 1 of IDEA to evaluate program performance 
under such subpart:  Provided further, That <<NOTE: Grants.>>  States 
may use funds reserved for other State-level activities under sections 
611(e)(2) and 619(f) of the IDEA to make subgrants to local educational 
agencies, institutions of higher education, other public agencies, and 
private non-profit organizations to carry out activities authorized by 
those sections:  Provided further, That, <<NOTE: Grants.>>  
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States 
apply for grants pursuant to section 643(e) of such Act, the Secretary 
shall provide a grant to each State in an amount equal to the maximum 
amount described in section 643(e)(2)(B) of such Act:  Provided further, 
That <<NOTE: Grants.>>  if more than 5 States apply for grants pursuant 
to section 643(e) of the IDEA, the Secretary shall award funds to those 
States on the basis of the States' relative populations of infants and 
toddlers

[[Page 136 STAT. 479]]

except that no such State shall receive a grant in excess of the amount 
described in section 643(e)(2)(B) of such Act:  Provided further, That 
States may use funds allotted under section 643(c) of the IDEA to make 
subgrants to local educational agencies, institutions of higher 
education, other public agencies, and private non-profit organizations 
to carry out activities authorized by section 638 of IDEA:  Provided 
further, That, notwithstanding section 638 of the IDEA, a State may use 
funds it receives under section 633 of the IDEA to offer continued early 
intervention services to a child who previously received services under 
part C of the IDEA from age 3 until the beginning of the school year 
following the child's third birthday with parental consent and without 
regard to the procedures in section 635(c) of the IDEA.

                         Rehabilitation Services

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973 and the Helen Keller National Center Act, 
$3,862,645,000, of which $3,719,121,000 shall be for grants for 
vocational rehabilitation services under title I of the Rehabilitation 
Act:  Provided, That the Secretary may use amounts provided in this Act 
that remain available subsequent to the reallotment of funds to States 
pursuant to section 110(b) of the Rehabilitation Act for innovative 
activities aimed at increasing competitive integrated employment as 
defined in section 7 of such Act for youth and other individuals with 
disabilities:  Provided further, That up to 15 percent of the amounts 
available for innovative activities described in the preceding proviso 
from funds provided under this paragraph in this Act and title III of 
the Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 2021 (division H of Public Law 116-
260), may be used for evaluation and technical assistance related to 
such activities:  Provided further, That <<NOTE: Grants.>>  States may 
award subgrants for a portion of the funds to other public and private, 
nonprofit entities:  Provided further, That any funds provided in this 
Act and made available subsequent to reallotment for innovative 
activities aimed at improving the outcomes of individuals with 
disabilities shall remain available until September 30, 2023:  Provided 
further, That of the amounts made available under this heading, 
$2,325,000 shall be used for the projects, and in the amounts, specified 
in the table titled ``Community Project Funding/Congressionally Directed 
Spending'' included for this division in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided further, That none of the funds made 
available for projects described in the preceding proviso shall be 
subject to section 302 of this Act.

           Special Institutions for Persons With Disabilities

                  american printing house for the blind

    For carrying out the Act to Promote the Education of the Blind of 
March 3, 1879, $40,431,000.

                national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I and 
II of the Education of the Deaf Act of 1986, $88,500,000:

[[Page 136 STAT. 480]]

 Provided, That from the total amount available, the Institute may at 
its discretion use funds for the endowment program as authorized under 
section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model Secondary 
School for the Deaf, and the partial support of Gallaudet University 
under titles I and II of the Education of the Deaf Act of 1986, 
$146,361,000:  Provided, That from the total amount available, the 
University may at its discretion use funds for the endowment program as 
authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006 (``Perkins Act'') and 
the Adult Education and Family Literacy Act (``AEFLA''), $2,091,436,000, 
of which $1,300,436,000 shall become available on July 1, 2022, and 
shall remain available through September 30, 2023, and of which 
$791,000,000 shall become available on October 1, 2022, and shall remain 
available through September 30, 2023:  Provided, That of the amounts 
made available for AEFLA, $13,712,000 shall be for national leadership 
activities under section 242.

                      Student Financial Assistance

    For carrying out subparts 1, 3, and 10 of part A, and part C of 
title IV of the HEA, $24,580,352,000 which shall remain available 
through September 30, 2023.
    The <<NOTE: 20 USC 1070a note.>>  maximum Pell Grant for which a 
student shall be eligible during award year 2022-2023 shall be $5,835.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of 
title IV of the HEA, and subpart 1 of part A of title VII of the Public 
Health Service Act, $2,033,943,000, to remain available through 
September 30, 2023: <<NOTE: Allocations.>>   Provided, That the 
Secretary shall allocate new student loan borrower accounts to eligible 
student loan servicers on the basis of their past performance compared 
to all loan servicers utilizing established common metrics, and on the 
basis of the capacity of each servicer to process new and existing 
accounts: <<NOTE: 20 USC 1087f note.>>   Provided further, That for 
student loan contracts awarded prior to October 1, 2017, the Secretary 
shall allow student loan borrowers who are consolidating Federal student 
loans to select from any student loan servicer to service their new 
consolidated student loan:  Provided further, That in order to promote 
accountability and high-quality service to borrowers, the Secretary 
shall not award funding for any contract solicitation for a new Federal 
student loan servicing environment, including the solicitation for the 
Federal Student Aid (FSA) Next Generation Processing and Servicing 
Environment, unless such an environment provides for the participation 
of multiple student loan servicers that contract directly with the 
Department of Education to manage a unique portfolio of borrower 
accounts and the full life-cycle of loans from

[[Page 136 STAT. 481]]

disbursement to pay-off with certain limited exceptions, and allocates 
student loan borrower accounts to eligible student loan servicers based 
on performance: <<NOTE: Reallocation.>>   Provided further, That the 
Department shall re-allocate accounts from servicers for recurring non-
compliance with FSA guidelines, contractual requirements, and applicable 
laws, including for failure to sufficiently inform borrowers of 
available repayment options: <<NOTE: Evaluations. Contracts.>>   
Provided further, That such servicers shall be evaluated based on their 
ability to meet contract requirements (including an understanding of 
Federal and State law), future performance on the contracts, and history 
of compliance with applicable consumer protections laws:  Provided 
further, That to the extent FSA permits student loan servicing 
subcontracting, FSA shall hold prime contractors accountable for meeting 
the requirements of the contract, and the performance and expectations 
of subcontractors shall be accounted for in the prime contract and in 
the overall performance of the prime contractor:  Provided further, That 
FSA shall ensure that the Next Generation Processing and Servicing 
Environment, or any new Federal loan servicing environment, incentivize 
more support to borrowers at risk of delinquency or default:  Provided 
further, That FSA shall ensure that in such environment contractors have 
the capacity to meet and are held accountable for performance on service 
levels; are held accountable for and have a history of compliance with 
applicable consumer protection laws; and have relevant experience and 
demonstrated effectiveness:  Provided further, That <<NOTE: Time 
period. Briefings.>>  the Secretary shall provide quarterly briefings to 
the Committees on Appropriations and Education and Labor of the House of 
Representatives and the Committees on Appropriations and Health, 
Education, Labor, and Pensions of the Senate on general progress related 
to solicitations for Federal student loan servicing contracts:  Provided 
further, That FSA shall strengthen transparency through expanded 
publication of aggregate data on student loan and servicer performance:  
Provided further, That <<NOTE: Deadline. Spend plan. Time 
period. Updates.>>  not later than 60 days after enactment of this Act, 
FSA shall provide to the Committees on Appropriations of the House of 
Representatives and the Senate a detailed spend plan of anticipated uses 
of funds made available in this account for fiscal year 2022 and provide 
quarterly updates on this plan (including contracts awarded, change 
orders, bonuses paid to staff, reorganization costs, and any other 
activity carried out using amounts provided under this heading for 
fiscal year 2022):  Provided further, That the FSA Next Generation 
Processing and Servicing Environment, or any new Federal student loan 
servicing environment, shall include accountability measures that 
account for the performance of the portfolio and contractor compliance 
with FSA guidelines.

                            Higher Education

     For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and 
Cultural Exchange Act of 1961, and section 117 of the Perkins Act, 
$2,994,111,000, of which $76,000,000 shall remain available through 
December 31, 2022:  Provided, That notwithstanding any other provision 
of law, funds made available in this Act to carry out title VI of the 
HEA and section 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and study in foreign 
countries by individuals who are participating in advanced foreign 
language training and international

[[Page 136 STAT. 482]]

studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these countries 
in the fields of government, the professions, or international 
development:  Provided further, That of the funds referred to in the 
preceding proviso up to 1 percent may be used for program evaluation, 
national outreach, and information dissemination activities:  Provided 
further, That <<NOTE: Evaluation.>>  up to 1.5 percent of the funds made 
available under chapter 2 of subpart 2 of part A of title IV of the HEA 
may be used for evaluation:  Provided further, That section 313(d) of 
the HEA shall not apply to an institution of higher education that is 
eligible to receive funding under section 318 of the HEA:  Provided 
further, That amounts made available for carrying out section 419N of 
the HEA may be awarded notwithstanding the limitations in section 
419N(b)(2) of the HEA:  Provided further, That of the amounts made 
available under this heading, $249,400,000 shall be used for the 
projects, and in the amounts, specified in the table titled ``Community 
Project Funding/Congressionally Directed Spending'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, That none of the funds made available for projects described in 
the preceding proviso shall be subject to section 302 of this Act.

                            Howard University

    For partial support of Howard University, $344,018,000, of which not 
less than $3,405,000 shall be for a matching endowment grant pursuant to 
the Howard University Endowment Act and shall remain available until 
expended.

          College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the HEA, $435,000.

  Historically Black College and University Capital Financing Program 
                                 Account

    For the cost of guaranteed loans, $20,150,000, as authorized 
pursuant to part D of title III of the HEA, which shall remain available 
through September 30, 2023:  Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That these funds 
are available to subsidize total loan principal, any part of which is to 
be guaranteed, not to exceed $274,149,000:  Provided further, That these 
funds may be used to support loans to public and private Historically 
Black Colleges and Universities without regard to the limitations within 
section 344(a) of the HEA.
    In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $334,000.

                     Institute of Education Sciences

    For necessary expenses for the Institute of Education Sciences as 
authorized by section 208 of the Department of Education

[[Page 136 STAT. 483]]

Organization Act and carrying out activities authorized by the National 
Assessment of Educational Progress Authorization Act, section 208 of the 
Educational Technical Assistance Act of 2002, and section 664 of the 
Individuals with Disabilities Education Act, $737,021,000, which shall 
remain available through September 30, 2023:  Provided, 
That <<NOTE: Data.>>  funds available to carry out section 208 of the 
Educational Technical Assistance Act may be used to link Statewide 
elementary and secondary data systems with early childhood, 
postsecondary, and workforce data systems, or to further develop such 
systems:  Provided further, That up to $6,000,000 of the funds available 
to carry out section 208 of the Educational Technical Assistance Act may 
be used for awards to public or private organizations or agencies to 
support activities to improve data coordination, quality, and use at the 
local, State, and national levels.

                         Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $394,907,000, of which up to $7,000,000, to remain available 
until expended, shall be available for relocation expenses, and for the 
renovation and repair of leased buildings:  Provided, That, 
notwithstanding any other provision of law, none of the funds provided 
by this Act or provided by previous Appropriations Acts to the 
Department of Education available for obligation or expenditure in the 
current fiscal year may be used for any activity relating to 
implementing a reorganization that decentralizes, reduces the staffing 
level, or alters the responsibilities, structure, authority, or 
functionality of the Budget Service of the Department of Education, 
relative to the organization and operation of the Budget Service as in 
effect on January 1, 2018.

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $135,500,000.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $64,000,000, of which $2,000,000 shall remain available until 
expended.

                           General Provisions

    Sec. 301.  No <<NOTE: Voluntary prayer. Meditation.>>  funds 
appropriated in this Act may be used to prevent the implementation of 
programs of voluntary prayer and meditation in the public schools.

[[Page 136 STAT. 484]]

                           (transfer of funds)

    Sec. 302.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this Act 
may be transferred between appropriations, but no such appropriation 
shall be increased by more than 3 percent by any such transfer:  
Provided, That the transfer authority granted by this section shall not 
be used to create any new program or to fund any project or activity for 
which no funds are provided in this Act:  Provided further, 
That <<NOTE: Notification. Time period.>>  the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.

    Sec. 303.  Funds <<NOTE: Time period.>>  appropriated in this Act 
and consolidated for evaluation purposes under section 8601(c) of the 
ESEA shall be available from July 1, 2022, through September 30, 2023.

    Sec. 304. (a) An institution of higher education that maintains an 
endowment fund supported with funds appropriated for title III or V of 
the HEA for fiscal year 2022 may use the income from that fund to award 
scholarships to students, subject to the limitation in section 
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, 
prior to the enactment of this Act, shall be considered to have been an 
allowable use of that income, subject to that limitation.
    (b) <<NOTE: Effective date.>>  Subsection (a) shall be in effect 
until titles III and V of the HEA are reauthorized.

    Sec. 305.  Section <<NOTE: Applicability. 20 USC 1011c 
note. Applicability. 20 USC 1087h note.>>  114(f) of the HEA (20 U.S.C. 
1011c(f)) shall be applied by substituting ``2022'' for ``2021''.

    Sec. 306.  Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall 
be applied by substituting ``2022'' for ``2021''.
    Sec. 307.  Funds appropriated in this Act under the heading 
``Student Aid Administration'' may be available for payments for student 
loan servicing to an institution of higher education that services 
outstanding Federal Perkins Loans under part E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1087aa et seq.).

                              (rescission)

    Sec. 308.  Of the unobligated balances available under the heading 
``Student Financial Assistance'' for carrying out subpart 1 of part A of 
title IV of the HEA, $1,050,000,000 are hereby rescinded.

                               (rescission)

    Sec. 309.  Of the amounts appropriated under section 
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C. 
1070a(b)(7)(A)(iv)(XI)) for fiscal year 2022, $85,000,000 are hereby 
rescinded.
    Sec. 310.  Of the <<NOTE: Loan cancellation.>>  amounts made 
available under this title under the heading ``Student Aid 
Administration'', $2,300,000 shall be used by the Secretary of Education 
to conduct outreach to borrowers of loans made under part D of title IV 
of the Higher Education Act of 1965 who may intend to qualify for loan 
cancellation under section 455(m) of such Act (20 U.S.C. 1087e(m)), to 
ensure that borrowers are meeting the terms and conditions of such loan 
cancellation:  Provided, That the Secretary shall specifically conduct

[[Page 136 STAT. 485]]

outreach to assist borrowers who would qualify for loan cancellation 
under section 455(m) of such Act except that the borrower has made some, 
or all, of the 120 required payments under a repayment plan that is not 
described under section 455(m)(A) of such Act, to encourage borrowers to 
enroll in a qualifying repayment plan:  Provided further, 
That <<NOTE: Website.>>  the Secretary shall also communicate to all 
Direct Loan borrowers the full requirements of section 455(m) of such 
Act and improve the filing of employment certification by providing 
improved outreach and information such as outbound calls, electronic 
communications, ensuring prominent access to program requirements and 
benefits on each servicer's website, and creating an option for all 
borrowers to complete the entire payment certification process 
electronically and on a centralized website.

    Sec. 311.  For <<NOTE: Loan cancellation. Time periods.>>  an 
additional amount for ``Department of Education--Federal Direct Student 
Loan Program Account'', $25,000,000, to remain available until expended, 
shall be for the cost, as defined under section 502 of the Congressional 
Budget Act of 1974, of the Secretary of Education providing loan 
cancellation in the same manner as under section 455(m) of the Higher 
Education Act of 1965 (20 U.S.C. 1087e(m)), for borrowers of loans made 
under part D of title IV of such Act who would qualify for loan 
cancellation under section 455(m) except some, or all, of the 120 
required payments under section 455(m)(1)(A) do not qualify for purposes 
of the program because they were monthly payments made in accordance 
with graduated or extended repayment plans as described under 
subparagraph (B) or (C) of section 455(d)(1) or the corresponding 
repayment plan for a consolidation loan made under section 455(g) and 
that were less than the amount calculated under section 455(d)(1)(A), 
based on a 10-year repayment period:  Provided, That the monthly payment 
made 12 months before the borrower applied for loan cancellation as 
described in the matter preceding this proviso and the most recent 
monthly payment made by the borrower at the time of such application 
were each not less than the monthly amount that would be calculated 
under, and for which the borrower would otherwise qualify for, clause 
(i) or (iv) of section 455(m)(1)(A) regarding income-based or income-
contingent repayment plans, with exception for a borrower who would have 
otherwise been eligible under this section but demonstrates an unusual 
fluctuation of income over the past 5 years:  Provided further, That the 
total loan volume, including outstanding principal, fees, capitalized 
interest, or accrued interest, at application that is eligible for such 
loan cancellation by such borrowers shall not exceed $75,000,000:  
Provided further, That <<NOTE: Deadline.>>  the Secretary shall develop 
and make available a simple method for borrowers to apply for loan 
cancellation under this section within 60 days of enactment of this Act: 
 Provided further, That the Secretary shall provide loan cancellation 
under this section to eligible borrowers on a first-come, first-serve 
basis, based on the date of application and subject to both the 
limitation on total loan volume at application for such loan 
cancellation specified in the second proviso and the availability of 
appropriations under this section:  Provided further, That no borrower 
may, for the same service, receive a reduction of loan obligations under 
both this section and section 428J, 428K, 428L, or 460 of such Act.

    Sec. 312.  The Secretary may reserve not more than 0.5 percent from 
any amount made available in this Act for an HEA program, except for any 
amounts made available for subpart 1 of part A

[[Page 136 STAT. 486]]

of title IV of the HEA, to carry out rigorous and independent 
evaluations and to collect and analyze outcome data for any program 
authorized by the HEA:  Provided, That no funds made available in this 
Act for the ``Student Aid Administration'' account shall be subject to 
the reservation under this section:  Provided further, That any funds 
reserved under this section shall be available through September 30, 
2024:  Provided further, That if, under any other provision of law, 
funds are authorized to be reserved or used for evaluation activities 
with respect to a program or project, the Secretary may also reserve 
funds for such program or project for the purposes described in this 
section so long as the total reservation of funds for such program or 
project does not exceed any statutory limits on such 
reservations: <<NOTE: Deadline. Plan.>>   Provided further, That not 
later than 30 days prior to the initial obligation of funds reserved 
under this section, the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committee on Health, Education, Labor and Pensions of the Senate, and 
the Committee on Education and Labor of the House of Representatives a 
plan that identifies the source and amount of funds reserved under this 
section, the impact on program grantees if funds are withheld for the 
purposes of this section, and the activities to be carried out with such 
funds.

    Sec. 313.  In addition to amounts otherwise appropriated by this Act 
under the heading ``Innovation and Improvement'' for purposes authorized 
by the Elementary and Secondary Education Act of 1965, there are hereby 
appropriated an additional $140,480,000 which shall be used for the 
projects, and in the amounts, specified in the table titled ``Community 
Project Funding/Congressionally Directed Spending'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided, That 
none of the funds made available for such projects shall be subject to 
section 302 of this Act.
    Sec. 314. (a) <<NOTE: Waiver authority.>>  In General.--For the 
purpose of carrying out section 435(a)(2) of the HEA (20 U.S.C. 
1085(a)(2)) or 34 CFR 668.206(a)(1), the Secretary of Education may 
waive the requirements under sections 435(a)(5)(A)(i) and 
435(a)(5)(A)(ii) of the HEA (20 U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 
1085(a)(5)(A)(ii)) or 34 CFR 668.213(b)(1) for an institution of higher 
education that offers an associate degree, is a public institution, and 
is located in an economically distressed county, defined as a county 
with a poverty rate of at least 25 percent based on the U.S. Census 
Bureau's Small Area Income and Poverty Estimate program data for 2017 
that was impacted by Hurricane Matthew.

    (b) Applicability.--Subsection (a) shall apply to an institution of 
higher education that otherwise would be ineligible to participate in a 
program under part D of title IV of the Higher Education Act of 1965 on 
or after the date of enactment of this Act due to the application of 
section 435(a)(2) of the HEA (20 U.S.C. 1085(a)(2)) or 34 CFR 
668.206(a)(1).
    (c) Coverage.--This section shall be in effect for the period 
covered by this Act and for the succeeding fiscal year.

                              (rescission)

    Sec. 315.  Any remaining unobligated balances from amounts made 
available in the second and third paragraphs under the

[[Page 136 STAT. 487]]

heading ``Historically Black College and University Capital Financing 
Program Account'' in title III of division H of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260) are hereby permanently 
rescinded.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2022''.

                                TITLE IV

                            RELATED AGENCIES

  Committee for Purchase From People Who Are Blind or Severely Disabled

                          salaries and expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled (referred to in this title as ``the 
Committee'') established under section 8502 of title 41, United States 
Code, $11,000,000: <<NOTE: Contracts.>>   Provided, That in order to 
authorize any central nonprofit agency designated pursuant to section 
8503(c) of title 41, United States Code, to perform requirements of the 
Committee as prescribed under section 51-3.2 of title 41, Code of 
Federal Regulations, the Committee shall enter into a written agreement 
with any such central nonprofit agency:  Provided further, That such 
agreement shall contain such auditing, oversight, and reporting 
provisions as necessary to implement chapter 85 of title 41, United 
States Code:  Provided further, That such agreement shall include the 
elements listed under the heading ``Committee For Purchase From People 
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the 
explanatory statement described in section 4 of Public Law 114-113 (in 
the matter preceding division A of that consolidated Act):  Provided 
further, That any such central nonprofit agency may not charge a fee 
under section 51-3.5 of title 41, Code of Federal Regulations, prior to 
executing a written agreement with the Committee:  Provided further, 
That no less than $2,650,000 shall be available for the Office of 
Inspector General.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (referred to in this title as ``CNCS'') to carry out 
the Domestic Volunteer Service Act of 1973 (referred to in this title as 
``1973 Act'') and the National and Community Service Act of 1990 
(referred to in this title as ``1990 Act''), $865,409,000 , 
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 
501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts provided 
under this heading: (1) up to 1 percent of program grant funds may be 
used to defray the costs of conducting grant application reviews, 
including the use of outside peer reviewers and electronic management of 
the grants cycle; (2) $19,094,000 shall be available to provide 
assistance to State commissions on national and community service, under 
section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) 
of the 1990 Act; (3) $34,505,000 shall be available to carry out 
subtitle E of the 1990 Act; and (4)

[[Page 136 STAT. 488]]

$6,558,000 shall be available for expenses authorized under section 
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of 
section 198P shall be awarded by CNCS on a competitive basis:  Provided 
further, That <<NOTE: Determination.>>  for the purposes of carrying out 
the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may 
include a determination of need by the local community.

                  payment to the national service trust

                      (including transfer of funds)

    For payment to the National Service Trust established under subtitle 
D of title I of the 1990 Act, $190,550,000, to remain available until 
expended:  Provided, That <<NOTE: Determination. Notice.>>  CNCS may 
transfer additional funds from the amount provided within ``Operating 
Expenses'' allocated to grants under subtitle C of title I of the 1990 
Act to the National Service Trust upon determination that such transfer 
is necessary to support the activities of national service participants 
and after notice is transmitted to the Committees on Appropriations of 
the House of Representatives and the Senate:  Provided further, That 
amounts appropriated for or transferred to the National Service Trust 
may be invested under section 145(b) of the 1990 Act without regard to 
the requirement to apportion funds under 31 U.S.C. 1513(b).

                          salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, 
including payment of salaries, authorized travel, hire of passenger 
motor vehicles, the rental of conference rooms in the District of 
Columbia, the employment of experts and consultants authorized under 5 
U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $88,082,000.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $6,595,000.

                        administrative provisions

    Sec. 401.  CNCS <<NOTE: Notice. Public comment.>>  shall make any 
significant changes to program requirements, service delivery or policy 
only through public notice and comment rulemaking. For fiscal year 2022, 
during any grant selection process, an officer or employee of CNCS shall 
not knowingly disclose any covered grant selection information regarding 
such selection, directly or indirectly, to any person other than an 
officer or employee of CNCS that is authorized by CNCS to receive such 
information.

    Sec. 402.  AmeriCorps <<NOTE: Requirements. Time period. 42 USC 
12571 note.>>  programs receiving grants under the National Service 
Trust program shall meet an overall minimum share requirement of 24 
percent for the first 3 years that they receive AmeriCorps funding, and 
thereafter shall meet the overall minimum share requirement as provided 
in section 2521.60 of title 45, Code of Federal Regulations, without 
regard to the operating costs match requirement in section 121(e) or the 
member support Federal share limitations in section 140 of the 1990 Act, 
and subject

[[Page 136 STAT. 489]]

to partial waiver consistent with section 2521.70 of title 45, Code of 
Federal Regulations.

    Sec. 403.  Donations <<NOTE: Donations.>>  made to CNCS under 
section 196 of the 1990 Act for the purposes of financing programs and 
operations under titles I and II of the 1973 Act or subtitle B, C, D, or 
E of title I of the 1990 Act shall be used to supplement and not 
supplant current programs and operations.

    Sec. 404.  In addition to the requirements in section 146(a) of the 
1990 Act, use of an educational award for the purpose described in 
section 148(a)(4) shall be limited to individuals who are veterans as 
defined under section 101 of the Act.
    Sec. 405.  For the purpose of carrying out section 189D of the 1990 
Act--
            (1) entities described in paragraph (a) of such section 
        shall be considered ``qualified entities'' under section 3 of 
        the National Child Protection Act of 1993 (``NCPA'');
            (2) individuals described in such section shall be 
        considered ``volunteers'' under section 3 of NCPA; and
            (3) State Commissions on National and Community Service 
        established pursuant to section 178 of the 1990 Act, are 
        authorized to receive criminal history record information, 
        consistent with Public Law 92-544.

    Sec. 406.  Notwithstanding <<NOTE: Time period.>>  sections 139(b), 
146 and 147 of the 1990 Act, an individual who successfully completes a 
term of service of not less than 1,200 hours during a period of not more 
than one year may receive a national service education award having a 
value of 70 percent of the value of a national service education award 
determined under section 147(a) of the Act.

    Sec. 407.  Section <<NOTE: Applicability.>>  148(f)(2)(A)(i) of the 
1990 Act shall be applied by substituting ``an approved national service 
position'' for ``a national service program that receives grants under 
subtitle C''.

                   Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting (``CPB''), as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2024, $525,000,000:  Provided, That none of the funds made available to 
CPB by this Act shall be used to pay for receptions, parties, or similar 
forms of entertainment for Government officials or 
employees: <<NOTE: Discrimination.>>   Provided further, That none of 
the funds made available to CPB by this Act shall be available or used 
to aid or support any program or activity from which any person is 
excluded, or is denied benefits, or is discriminated against, on the 
basis of race, color, national origin, religion, or sex:  Provided 
further, That <<NOTE: Political test.>>  none of the funds made 
available to CPB by this Act shall be used to apply any political test 
or qualification in selecting, appointing, promoting, or taking any 
other personnel action with respect to officers, agents, and employees 
of CPB.

    In addition, for the costs associated with replacing and upgrading 
the public broadcasting interconnection system and other technologies 
and services that create infrastructure and efficiencies within the 
public media system, $20,000,000.

[[Page 136 STAT. 490]]

               Federal Mediation and Conciliation Service

salaries and expenses <<NOTE: Fees.>> 

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor-Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out the 
functions vested in it by the Civil Service Reform Act, $50,058,000:  
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other conflict 
resolution services and technical assistance, including those provided 
to foreign governments and international organizations, and for 
arbitration services shall be credited to and merged with this account, 
and shall remain available until expended:  Provided further, That fees 
for arbitration services shall be available only for education, 
training, and professional development of the agency workforce:  
Provided further, That the Director of the Service is authorized to 
accept and use on behalf of the United States gifts of services and 
real, personal, or other property in the aid of any projects or 
functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                          salaries and expenses

     For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $17,539,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

     For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$268,000,000.

             Medicaid and Chip Payment and Access Commission

                          salaries and expenses

    For expenses necessary to carry out section 1900 of the Social 
Security Act, $9,043,000.

                  Medicare Payment Advisory Commission

                          salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $13,292,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

[[Page 136 STAT. 491]]

                     National Council on Disability

                          salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,500,000.

                     National Labor Relations Board

                          salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $274,224,000:  Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and 
as defined in section 3(f) of the Act of June 25, 1938, and including in 
said definition employees engaged in the maintenance and operation of 
ditches, canals, reservoirs, and waterways when maintained or operated 
on a mutual, nonprofit basis and at least 95 percent of the water stored 
or supplied thereby is used for farming purposes.

                        administrative provision

    Sec. 408.  None <<NOTE: Electronic voting.>>  of the funds provided 
by this Act or previous Acts making appropriations for the National 
Labor Relations Board may be used to issue any new administrative 
directive or regulation that would provide employees any means of voting 
through any electronic means in an election to determine a 
representative for the purposes of collective bargaining.

                        National Mediation Board

                          salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$14,729,000.

            Occupational Safety and Health Review Commission

                          salaries and expenses

    For expenses necessary for the Occupational Safety and Health Review 
Commission, $13,622,000.

                        Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $11,000,000, which 
shall include amounts becoming available in fiscal year 2022 pursuant to 
section 224(c)(1)(B) of Public Law

[[Page 136 STAT. 492]]

98-76; and in addition, an amount, not to exceed 2 percent of the amount 
provided herein, shall be available proportional to the amount by which 
the product of recipients and the average benefit received exceeds the 
amount available for payment of vested dual benefits:  Provided, 
That <<NOTE: Payment schedule.>>  the total amount provided herein shall 
be credited in 12 approximately equal amounts on the first day of each 
month in the fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2023, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board (``Board'') 
for administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $124,000,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund:  Provided, That notwithstanding section 7(b)(9) of 
the Railroad Retirement Act this limitation may be used to hire 
attorneys only through the excepted service:  Provided further, That the 
previous proviso shall not change the status under Federal employment 
laws of any attorney hired by the Railroad Retirement Board prior to 
January 1, 2013:  Provided further, That notwithstanding section 7(b)(9) 
of the Railroad Retirement Act, this limitation may be used to hire 
students attending qualifying educational institutions or individuals 
who have recently completed qualifying educational programs using 
current excepted hiring authorities established by the Office of 
Personnel Management.

              limitation on the office of inspector general

     For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $12,650,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                 payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-

[[Page 136 STAT. 493]]

66, as amended, and section 405 of Public Law 95-216, including payment 
to the Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$45,913,823,000, to remain available until expended:  Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury:  Provided further, That not more than $86,000,000 shall be 
available for research and demonstrations under sections 1110, 1115, and 
1144 of the Social Security Act, and remain available through September 
30, 2024.
    For <<NOTE: Effective date.>>  making, after June 15 of the current 
fiscal year, benefit payments to individuals under title XVI of the 
Social Security Act, for unanticipated costs incurred for the current 
fiscal year, such sums as may be necessary.

    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2023, $15,600,000,000, to 
remain available until expended.

                  limitation on administrative expenses

    For necessary expenses, including the hire and purchase of two 
passenger motor vehicles, and not to exceed $20,000 for official 
reception and representation expenses, not more than $13,202,945,000 may 
be expended, as authorized by section 201(g)(1) of the Social Security 
Act, from any one or all of the trust funds referred to in such section: 
 Provided, That not less than $2,600,000 shall be for the Social 
Security Advisory Board:  Provided further, That $55,000,000 shall 
remain available through September 30, 2023, for activities to address 
the disability hearings backlog within the Office of Hearings 
Operations:  Provided further, That unobligated balances of funds 
provided under this paragraph at the end of fiscal year 2022 not needed 
for fiscal year 2022 shall remain available until expended to invest in 
the Social Security Administration information technology and 
telecommunications hardware and software infrastructure, including 
related equipment and non-payroll administrative expenses associated 
solely with this information technology and telecommunications 
infrastructure:  Provided further, That the 
Commissioner <<NOTE: Notification.>>  of Social Security shall notify 
the Committees on Appropriations of the House of Representatives and the 
Senate prior to making unobligated balances available under the 
authority in the previous proviso: <<NOTE: Reimbursement.>>   Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made by 
the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.

    Of <<NOTE: Reviews. Determination.>>  the total amount made 
available in the first paragraph under this heading, not more than 
$1,708,000,000, to remain available through March 31, 2023, is for the 
costs associated with continuing disability reviews under titles II and 
XVI of the Social Security Act, including work-related continuing 
disability reviews to determine whether earnings derived from services 
demonstrate an individual's ability to engage in substantial gainful 
activity,

[[Page 136 STAT. 494]]

for the cost associated with conducting redeterminations of eligibility 
under title XVI of the Social Security Act, for the cost of co-operative 
disability investigation units, and for the cost associated with the 
prosecution of fraud in the programs and operations of the Social 
Security Administration by Special Assistant United States Attorneys:  
Provided, That, of such amount, $273,000,000 is provided to meet the 
terms of section 4004(b)(1)(B)(i) and section 4005(a)(2)(A) of S. Con. 
Res. 14 (117th Congress), the concurrent resolution on the budget for 
fiscal year 2022, and $1,435,000,000 is additional new budget authority 
specified for purposes of section 4004(b)(1) and section 4005(a) of such 
resolution:  Provided further, That, of the <<NOTE: Transfer 
authority.>>  additional new budget authority described in the preceding 
proviso, up to $12,100,000 may be transferred to the ``Office of 
Inspector General'', Social Security Administration, for the cost of 
jointly operated co-operative disability investigation units:  Provided 
further, That such transfer authority is in addition to any other 
transfer authority provided by law: <<NOTE: Reports. Time periods.>>   
Provided further, That the Commissioner shall provide to the Congress 
(at the conclusion of the fiscal year) a report on the obligation and 
expenditure of these funds, similar to the reports that were required by 
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through 
2002.

    In addition, $138,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended:  Provided, That to 
the extent that the amounts collected pursuant to such sections in 
fiscal year 2022 exceed $138,000,000, the amounts shall be available in 
fiscal year 2023 only to the extent provided in advance in 
appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                       office of inspector general

                      (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$30,900,000, together with not to exceed $77,765,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund:  Provided, That $2,000,000 
shall remain available until expended for information technology 
modernization, including related hardware and software infrastructure 
and equipment, and for administrative expenses directly associated with 
information technology modernization.
    In addition, an amount not to exceed 3 percent of the total provided 
in this appropriation may be transferred from the ``Limitation on 
Administrative Expenses'', Social Security Administration, to be merged 
with this account, to be available for the time and purposes for which 
this account is available: <<NOTE: Notice. Time period.>>   Provided, 
That notice of such transfers shall be transmitted promptly to the 
Committees on Appropriations of the House of Representatives and the 
Senate at least 15 days in advance of any transfer.

[[Page 136 STAT. 495]]

                                 TITLE V

                           GENERAL PROVISIONS

                           (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) <<NOTE: Propaganda. Lobbying.>>  No part of any 
appropriation contained in this Act or transferred pursuant to section 
4002 of Public Law 111-148 shall be used, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, for the preparation, distribution, or use of any 
kit, pamphlet, booklet, publication, electronic communication, radio, 
television, or video presentation designed to support or defeat the 
enactment of legislation before the Congress or any State or local 
legislature or legislative body, except in presentation to the Congress 
or any State or local legislature itself, or designed to support or 
defeat any proposed or pending regulation, administrative action, or 
order issued by the executive branch of any State or local government, 
except in presentation to the executive branch of any State or local 
government itself.

    (b) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 shall be used 
to pay the salary or expenses of any grant or contract recipient, or 
agent acting for such recipient, related to any activity designed to 
influence the enactment of legislation, appropriations, regulation, 
administrative action, or Executive order proposed or pending before the 
Congress or any State government, State legislature or local legislature 
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a 
State, local or tribal government in policymaking and administrative 
processes within the executive branch of that government.
    (c) <<NOTE: Gun control.>>  The prohibitions in subsections (a) and 
(b) shall include any activity to advocate or promote any proposed, 
pending or future Federal, State or local tax increase, or any proposed, 
pending, or future requirement or restriction on any legal consumer 
product, including its sale or marketing, including but not limited to 
the advocacy or promotion of gun control.

    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is authorized 
to make available for official reception and representation expenses not 
to exceed $5,000 from the funds available for ``Federal Mediation and 
Conciliation Service, Salaries and Expenses''; and the Chairman of the 
National Mediation Board

[[Page 136 STAT. 496]]

is authorized to make available for official reception and 
representation expenses not to exceed $5,000 from funds available for 
``National Mediation Board, Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.

    Sec. 506. (a) <<NOTE: Abortions.>>  None of the funds appropriated 
in this Act, and none of the funds in any trust fund to which funds are 
appropriated in this Act, shall be expended for any abortion.

    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage of 
abortion.
    (c) <<NOTE: Definition.>>  The term ``health benefits coverage'' 
means the package of services covered by a managed care provider or 
organization pursuant to a contract or other arrangement.

    Sec. 507. (a) <<NOTE: Abortion.>>  The limitations established in 
the preceding section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) <<NOTE: Discrimination.>>  None of the funds made available 
in this Act may be made available to a Federal agency or program, or to 
a State or local government, if such agency, program, or government 
subjects any institutional or individual health care entity to 
discrimination on the basis that the health care entity does not 
provide, pay for, provide coverage of, or refer for abortions.
            (2) <<NOTE: Definition.>>  In this subsection, the term 
        ``health care entity'' includes an individual physician or other 
        health care professional, a hospital, a provider-sponsored 
        organization, a health maintenance organization, a health 
        insurance plan, or any other kind of health care facility, 
        organization, or plan.

[[Page 136 STAT. 497]]

    Sec. 508. (a) <<NOTE: Human embryos.>>  None of the funds made 
available in this Act may be used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).

    (b) <<NOTE: Definition.>>  For purposes of this section, the term 
``human embryo or embryos'' includes any organism, not protected as a 
human subject under 45 CFR 46 as of the date of the enactment of this 
Act, that is derived by fertilization, parthenogenesis, cloning, or any 
other means from one or more human gametes or human diploid cells.

    Sec. 509. (a) <<NOTE: Drugs and drug abuse.>>  None of the funds 
made available in this Act may be used for any activity that promotes 
the legalization of any drug or other substance included in schedule I 
of the schedules of controlled substances established under section 202 
of the Controlled Substances Act except for normal and recognized 
executive-congressional communications.

    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical trials 
are being conducted to determine therapeutic advantage.
    Sec. 510.  None <<NOTE: Health and health care.>>  of the funds made 
available in this Act may be used to promulgate or adopt any final 
standard under section 1173(b) of the Social Security Act providing for, 
or providing for the assignment of, a unique health identifier for an 
individual (except in an individual's capacity as an employer or a 
health care provider), until legislation is enacted specifically 
approving the standard.

    Sec. 511.  None <<NOTE: Contracts. Reports.>>  of the funds made 
available in this Act may be obligated or expended to enter into or 
renew a contract with an entity if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such requirement 
        was applicable to such entity.

    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 513.  None <<NOTE: Certifications.>>  of the funds made 
available by this Act to carry out the Library Services and Technology 
Act may be made available to any library covered by paragraph (1) of 
section 224(f) of such Act, as amended by the Children's Internet 
Protection Act, unless such library has made the certifications required 
by paragraph (4) of such section.

    Sec. 514. (a) <<NOTE: Consultations. Time periods. Notifications.>>  
None of the funds provided under this Act, or provided under previous 
appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure

[[Page 136 STAT. 498]]

in fiscal year 2022, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;

unless the Committees on Appropriations of the House of Representatives 
and the Senate are consulted 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier, and are notified in writing 10 days in advance of such 
reprogramming.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2022, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds in excess of $500,000 or 10 percent, whichever is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;

unless the Committees on Appropriations of the House of Representatives 
and the Senate are consulted 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier, and are notified in writing 10 days in advance of such 
reprogramming.
    Sec. 515. (a) <<NOTE: Political disclosure.>>  None of the funds 
made available in this Act may be used to request that a candidate for 
appointment to a Federal scientific advisory committee disclose the 
political affiliation or voting history of the candidate or the position 
that the candidate holds with respect to political issues not directly 
related to and necessary for the work of the committee involved.

    (b) None of the funds made available in this Act may be used to 
disseminate information that is deliberately false or misleading.
    Sec. 516.  Within <<NOTE: Deadline. Operating plan.>>  45 days of 
enactment of this Act, each department and related agency funded through 
this Act shall submit an operating plan that details at the program, 
project, and activity level any funding allocations for fiscal year 2022 
that are different than those specified in this Act, the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act) or the fiscal year 2022 budget request.

[[Page 136 STAT. 499]]

    Sec. 517.  The <<NOTE: Reports. Contracts. Grants.>>  Secretaries of 
Labor, Health and Human Services, and Education shall each prepare and 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a report on the number and amount of 
contracts, grants, and cooperative agreements exceeding $500,000, 
individually or in total for a particular project, activity, or 
programmatic initiative, in value and awarded by the Department on a 
non-competitive basis during each quarter of fiscal year 2022, but not 
to include grants awarded on a formula basis or directed by law. Such 
report shall include the name of the contractor or grantee, the amount 
of funding, the governmental purpose, including a justification for 
issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.

    Sec. 518.  None of the funds appropriated in this Act shall be 
expended or obligated by the Commissioner of Social Security, for 
purposes of administering Social Security benefit payments under title 
II of the Social Security Act, to process any claim for credit for a 
quarter of coverage based on work performed under a social security 
account number that is not the claimant's number and the performance of 
such work under such number has formed the basis for a conviction of the 
claimant of a violation of section 208(a)(6) or (7) of the Social 
Security Act.
    Sec. 519.  None <<NOTE: Mexico.>>  of the funds appropriated by this 
Act may be used by the Commissioner of Social Security or the Social 
Security Administration to pay the compensation of employees of the 
Social Security Administration to administer Social Security benefit 
payments, under any agreement between the United States and Mexico 
establishing totalization arrangements between the social security 
system established by title II of the Social Security Act and the social 
security system of Mexico, which would not otherwise be payable but for 
such agreement.

    Sec. 520. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 521.  For purposes of carrying out Executive Order 13589, 
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012, 
and requirements contained in the annual appropriations bills relating 
to conference attendance and expenditures:
            (1) the operating divisions of HHS shall be considered 
        independent agencies; and
            (2) attendance at and support for scientific conferences 
        shall be tabulated separately from and not included in agency 
        totals.

    Sec. 522.  Federal agencies funded under this Act shall clearly 
state within the text, audio, or video used for advertising or 
educational purposes, including emails or Internet postings, that the 
communication is printed, published, or produced and disseminated at 
United States taxpayer expense. The funds used by a Federal agency to 
carry out this requirement shall be derived from amounts made available 
to the agency for advertising or other communications regarding the 
programs and activities of the agency.

[[Page 136 STAT. 500]]

    Sec. 523. (a) Federal agencies may use Federal discretionary funds 
that are made available in this Act to carry out up to 10 Performance 
Partnership Pilots. Such Pilots shall be governed by the provisions of 
section 526 of division H of Public Law 113-76, except that in carrying 
out such Pilots section 526 shall be applied by substituting ``Fiscal 
Year 2022'' for ``Fiscal Year 2014'' in the title of subsection (b) and 
by substituting ``September 30, 2026'' for ``September 30, 2018'' each 
place it appears:  Provided, That such pilots shall include communities 
that have experienced civil unrest.
    (b) In addition, Federal agencies may use Federal discretionary 
funds that are made available in this Act to participate in Performance 
Partnership Pilots that are being carried out pursuant to the authority 
provided by section 526 of division H of Public Law 113-76, section 524 
of division G of Public Law 113-235, section 525 of division H of Public 
Law 114-113, section 525 of division H of Public Law 115-31, section 525 
of division H of Public Law 115-141, section 524 of division A of Public 
Law 116-94, and section 524 of division H of Public Law 116-260.
    (c) <<NOTE: Time period.>>  Pilot sites selected under authorities 
in this Act and prior appropriations Acts may be granted by relevant 
agencies up to an additional 5 years to operate under such authorities.

    Sec. 524.  Not <<NOTE: Effective date. Reports. 31 USC 1502 note.>>  
later than 30 days after the end of each calendar quarter, beginning 
with the first month of fiscal year 2022 the Departments of Labor, 
Health and Human Services and Education and the Social Security 
Administration shall provide the Committees on Appropriations of the 
House of Representatives and Senate a report on the status of balances 
of appropriations:  Provided, That for balances that are unobligated and 
uncommitted, committed, and obligated but unexpended, the monthly 
reports shall separately identify the amounts attributable to each 
source year of appropriation (beginning with fiscal year 2012, or, to 
the extent feasible, earlier fiscal years) from which balances were 
derived.

    Sec. 525.  The <<NOTE: Lists. Deadline. Grants. Time period.>>  
Departments of Labor, Health and Human Services, and Education shall 
provide to the Committees on Appropriations of the House of 
Representatives and the Senate a comprehensive list of any new or 
competitive grant award notifications, including supplements, issued at 
the discretion of such Departments not less than 3 full business days 
before any entity selected to receive a grant award is announced by the 
Department or its offices (other than emergency response grants at any 
time of the year or for grant awards made during the last 10 business 
days of the fiscal year, or if applicable, of the program year).

    Sec. 526.  Notwithstanding <<NOTE: Needles. Syringes. Drugs and drug 
abuse. Consultation. Determination. HIV.>>  any other provision of this 
Act, no funds appropriated in this Act shall be used to purchase sterile 
needles or syringes for the hypodermic injection of any illegal drug:  
Provided, That such limitation does not apply to the use of funds for 
elements of a program other than making such purchases if the relevant 
State or local health department, in consultation with the Centers for 
Disease Control and Prevention, determines that the State or local 
jurisdiction, as applicable, is experiencing, or is at risk for, a 
significant increase in hepatitis infections or an HIV outbreak due to 
injection drug use, and such program is operating in accordance with 
State and local law.

    Sec. 527.  Each <<NOTE: Deadline.>>  department and related agency 
funded through this Act shall provide answers to questions submitted for 
the record by members of the Committee within 45 business days after 
receipt.

[[Page 136 STAT. 501]]

    Sec. 528.  Of amounts deposited in the Child Enrollment Contingency 
Fund under section 2104(n)(2) of the Social Security Act and the income 
derived from investment of those funds pursuant to section 2104(n)(2)(C) 
of that Act, $12,679,000,000 shall not be available for obligation in 
this fiscal year.
    Sec. 529. (a) <<NOTE: Applicability. Contracts.>>  This section 
applies to: (1) the Administration for Children and Families in the 
Department of Health and Human Services; and (2) The Chief Evaluation 
Office and the statistical-related cooperative and interagency 
agreements and contracting activities of the Bureau of Labor Statistics 
in the Department of Labor.

    (b) <<NOTE: Time period.>>  Amounts made available under this Act 
which are either appropriated, allocated, advanced on a reimbursable 
basis, or transferred to the functions and organizations identified in 
subsection (a) for research, evaluation, or statistical purposes shall 
be available for obligation through September 30, 
2026: <<NOTE: Reimbursement.>>   Provided, That when an office 
referenced in subsection (a) receives research and evaluation funding 
from multiple appropriations, such offices may use a single Treasury 
account for such activities, with funding advanced on a reimbursable 
basis.

    (c) Amounts referenced in subsection (b) that are unexpended at the 
time of completion of a contract, grant, or cooperative agreement may be 
deobligated and shall immediately become available and may be 
reobligated in that fiscal year or the subsequent fiscal year for the 
research, evaluation, or statistical purposes for which such amounts are 
available.
    Sec. 530. (a) <<NOTE: Real property.>>  An institution of higher 
education that received funds under paragraph (2) of section 18004(a) of 
the CARES Act (20 U.S.C. 3401 note; 134 Stat. 567), paragraph (2) of 
section 314(a) of the Coronavirus Response and Relief Supplemental 
Appropriations Act, 2021 (division M of Public Law 116-260; 134 Stat. 
1932), or section 2003 of the American Rescue Plan Act of 2021 (Public 
Law 117-2; 135 Stat. 23) to the extent such funds are allocated (in 
accordance with such section) under paragraph (2) of section 314(a) of 
the Coronavirus Response and Relief Supplemental Appropriations Act, 
2021 (134 Stat. 1932) may use such funds for the acquisition of real 
property or construction directly related to preventing, preparing for, 
and responding to coronavirus, provided that such use meets all other 
applicable requirements and limitations specified in such Acts 
appropriating such funds.

    (b) Amounts repurposed pursuant to this section that were previously 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 are designated by the Congress as an emergency 
requirement pursuant to section 4001(a)(1) and section 4001(b) of S. 
Con. Res. 14 (117th Congress), the concurrent resolution on the budget 
for fiscal year 2022.
    This division may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2022''.

[[Page 136 STAT. 502]]

DIVISION I--LEGISLATIVE BRANCH <<NOTE: Legislative Branch Appropriations 
Act, 2022.>>  APPROPRIATIONS ACT, 2022

TITLE I <<NOTE: 2 USC 60a note.>> 

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

    For expense allowances of the Vice President, $20,000; the President 
Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, 
$40,000; Minority Leader of the Senate, $40,000; Majority Whip of the 
Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro 
Tempore Emeritus, $15,000; Chairmen of the Majority and Minority 
Conference Committees, $5,000 for each Chairman; and Chairmen of the 
Majority and Minority Policy Committees, $5,000 for each Chairman; in 
all, $195,000.
    For representation allowances of the Majority and Minority Leaders 
of the Senate, $15,000 for each such Leader; in all, $30,000.

                    Salaries, Officers and Employees

    For compensation of officers, employees, and others as authorized by 
law, including agency contributions, $239,404,000, which shall be paid 
from this appropriation as follows:

                      office of the vice president

    For the Office of the Vice President, $2,641,000.

                   office of the president pro tempore

    For the Office of the President Pro Tempore, $796,000.

              office of the president pro tempore emeritus

    For the Office of the President Pro Tempore Emeritus, $343,000.

              offices of the majority and minority leaders

    For Offices of the Majority and Minority Leaders, $5,906,000.

               offices of the majority and minority whips

    For Offices of the Majority and Minority Whips, $3,774,000.

                       committee on appropriations

    For salaries of the Committee on Appropriations, $16,900,000.

                          conference committees

    For the Conference of the Majority and the Conference of the 
Minority, at rates of compensation to be fixed by the Chairman of each 
such committee, $1,813,000 for each such committee; in all, $3,626,000.

[[Page 136 STAT. 503]]

  offices of the secretaries of the conference of the majority and the 
                       conference of the minority

    For Offices of the Secretaries of the Conference of the Majority and 
the Conference of the Minority, $900,000.

                            policy committees

    For salaries of the Majority Policy Committee and the Minority 
Policy Committee, $1,852,000 for each such committee; in all, 
$3,704,000.

                         office of the chaplain

    For Office of the Chaplain, $562,000.

                         office of the secretary

    For Office of the Secretary, $28,091,000.

              office of the sergeant at arms and doorkeeper

    For Office of the Sergeant at Arms and Doorkeeper, $98,563,000.

        offices of the secretaries for the majority and minority

    For Offices of the Secretary for the Majority and the Secretary for 
the Minority, $2,038,000.

                agency contributions and related expenses

    For agency contributions for employee benefits, as authorized by 
law, and related expenses, $71,560,000.

             Office of the Legislative Counsel of the Senate

    For salaries and expenses of the Office of the Legislative Counsel 
of the Senate, $7,353,000.

                     Office of Senate Legal Counsel

    For salaries and expenses of the Office of Senate Legal Counsel, 
$1,299,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                              of the Senate

    For expense allowances of the Secretary of the Senate, $7,500; 
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the 
Majority of the Senate, $7,500; Secretary for the Minority of the 
Senate, $7,500; in all, $30,000.

                    Contingent Expenses of the Senate

                      inquiries and investigations

    For expenses of inquiries and investigations ordered by the Senate, 
or conducted under paragraph 1 of rule XXVI of the

[[Page 136 STAT. 504]]

Standing Rules of the Senate, section 112 of the Supplemental 
Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate 
Resolution 281, 96th Congress, agreed to March 11, 1980, $136,600,000, 
of which $13,660,000 shall remain available until September 30, 2024.

          u.s. senate caucus on international narcotics control

    For expenses of the United States Senate Caucus on International 
Narcotics Control, $530,000.

                         secretary of the senate

    For expenses of the Office of the Secretary of the Senate, 
$23,036,000, of which $8,936,000 shall remain available until September 
30, 2026, and of which $14,100,000 shall remain available until 
expended.

              sergeant at arms and doorkeeper of the senate

    For expenses of the Office of the Sergeant at Arms and Doorkeeper of 
the Senate, $151,820,874, of which $147,820,874 shall remain available 
until September 30, 2026, and of which $4,000,000 shall be for Senate 
hearing room audiovisual equipment, to remain available until expended.

sergeant at arms <<NOTE: Spending plans. Updates.>>  business continuity 
and disaster recovery fund

    For expenses of the Sergeant at Arms Business Continuity and 
Disaster Recovery Fund established in section 5 of the Legislative 
Branch Appropriations Act, 1991 (2 U.S.C. 6611), as amended by section 
103 of this Act, $25,000,000, which shall remain available until 
expended:  Provided, That such amount and any amounts transferred to the 
Fund shall be allocated in accordance with a spending plan submitted to 
the Committee on Appropriations of the Senate:  Provided further, That 
the spending plan in the preceding proviso must be updated before any 
amount in the Fund is obligated, if such obligation is not in accordance 
with that plan:  Provided further, That if the Sergeant at Arms submits 
to the Committee on Appropriations of the Senate a request for emergency 
supplemental funding, the Sergeant at Arms shall include with the 
request an update to the latest spending plan submitted to the Committee 
on Appropriations of the Senate:  Provided further, That any spending 
plan submitted pursuant to the preceding three provisos shall include a 
presentation of the total amount of obligated and unobligated amounts in 
the Fund.

                           miscellaneous items

    For miscellaneous items, $23,021,500 which shall remain available 
until September 30, 2024.

         senators' official personnel and office expense account

    For Senators' Official Personnel and Office Expense Account, 
$486,274,200, of which $20,128,950 shall remain available until 
September 30, 2024, and of which $7,000,000 shall be allocated

[[Page 136 STAT. 505]]

solely for the purpose of providing financial compensation to Senate 
interns.

                           official mail costs

    For expenses necessary for official mail costs of the Senate, 
$300,000.

                        Administrative Provisions

 requiring amounts remaining in senators' official personnel and office 
   expense account to be used for deficit reduction or to reduce the 
                              federal debt

    Sec. 101.  Notwithstanding <<NOTE: Time periods.>>  any other 
provision of law, any amounts appropriated under this Act under the 
heading ``SENATE'' under the heading ``Contingent Expenses of the 
Senate'' under the heading ``senators' official personnel and office 
expense account'' shall be available for obligation only during the 
fiscal year or fiscal years for which such amounts are made available. 
Any unexpended balances under such allowances remaining after the end of 
the period of availability shall be returned to the Treasury in 
accordance with the undesignated paragraph under the center heading 
``GENERAL PROVISION'' under chapter XI of the Third Supplemental 
Appropriation Act, 1957 (2 U.S.C. 4107) and used for deficit reduction 
(or, if there is no Federal budget deficit after all such payments have 
been made, for reducing the Federal debt, in such manner as the 
Secretary of the Treasury considers appropriate).

 adjustments to senators' personnel and office expense account allowance

    Sec. 102.  Effective <<NOTE: Effective dates. 2 USC 4575 note.>>  on 
and after October 1, 2021, each of the dollar amounts contained in the 
table under section 105(d)(1)(A) of the Legislative Branch 
Appropriations Act, 1968 (2 U.S.C. 4575(d)(1)(A)) shall be deemed to be 
the dollar amounts in that table, as adjusted by law and in effect on 
September 30, 2021, increased by an additional $75,000 each.

     sergeant at arms business continuity and disaster recovery fund

    Sec. 103.  Section 5 of the Legislative Branch Appropriations Act, 
1991 (2 U.S.C. 6611) is amended--
            (1) by striking all that precedes ``is authorized,'' and 
        inserting the following:
``SEC. 5. TRANSFER AUTHORITY AND SERGEANT AT ARMS BUSINESS 
                    CONTINUITY AND DISASTER RECOVERY FUND.

    ``(a) In General.--The Sergeant at Arms and Doorkeeper of the 
Senate''; and
            (2) by adding at the end the following:

    ``(b) Sergeant at Arms Business Continuity and Disaster Recovery 
Fund.--
            ``(1) Definitions.--In this subsection--

[[Page 136 STAT. 506]]

                    ``(A) the term `Fund' means the Sergeant at Arms 
                Business Continuity and Disaster Recovery Fund 
                established under paragraph (2); and
                    ``(B) the term `Sergeant at Arms' means the Sergeant 
                at Arms and Doorkeeper of the Senate.
            ``(2) Establishment.--There is established under the heading 
        `Contingent Expenses of the Senate' an account to be known as 
        the `Sergeant at Arms Business Continuity and Disaster Recovery 
        Fund'.
            ``(3) Use of amounts.--Amounts in the Fund shall be 
        available to the Sergeant at Arms for purposes of the business 
        continuity and disaster recovery needs of the Senate.
            ``(4) Authority to transfer.--
                    ``(A) In general.--Subject to subparagraph (C), 
                prior to the date of the withdrawal of amounts 
                appropriated under the heading `Contingent Expenses of 
                the Senate--sergeant at arms and doorkeeper of the 
                senate' in accordance with the matter under the heading 
                `GENERAL PROVISION' under chapter XI of the Third 
                Supplemental Appropriation Act, 1957 (2 U.S.C. 4107), 
                any unobligated balances of expired discretionary 
                appropriations of such amounts may be transferred by the 
                Sergeant at Arms to the Fund.
                    ``(B) Period of availability.--Amounts transferred 
                under subparagraph (A) shall remain available until 
                expended.
                    ``(C) <<NOTE: Deadline.>>  Notice.--If the Sergeant 
                at Arms intends to transfer amounts under subparagraph 
                (A), the Sergeant at Arms shall submit to the Committee 
                on Appropriations of the Senate written notice not later 
                than 15 days before the date of the withdrawal of such 
                amounts in accordance with the matter under the heading 
                `GENERAL PROVISION' under chapter XI of the Third 
                Supplemental Appropriation Act, 1957 (2 U.S.C. 4107).
                    ``(D) Applicability.--The authority to transfer 
                amounts under this paragraph shall apply with respect to 
                amounts appropriated for fiscal year 2022, or any fiscal 
                year thereafter.
            ``(5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Fund such sums as are necessary for 
        fiscal year 2022 and each fiscal year thereafter.''.

                        HOUSE OF REPRESENTATIVES

       Payment to Widows and Heirs of Deceased Members of Congress

    Notwithstanding <<NOTE: Jennifer K. Carnahan.>>  any other provision 
of this Act, there is hereby appropriated for fiscal year 2022 for 
payment to Jennifer K. Carnahan, beneficiary of Jim Hagedorn, late a 
Representative from the State of Minnesota, $174,000.

                          Salaries and Expenses

    For salaries and expenses of the House of Representatives, 
$1,714,996,045, as follows:

[[Page 136 STAT. 507]]

                        House Leadership Offices

    For salaries and expenses, as authorized by law, $34,949,640, 
including: Office of the Speaker, $10,036,950, including $35,000 for 
official expenses of the Speaker; Office of the Majority Floor Leader, 
$3,565,870, including $15,000 for official expenses of the Majority 
Leader; Office of the Minority Floor Leader, $10,036,950, including 
$17,500 for official expenses of the Minority Leader; Office of the 
Majority Whip, including the Chief Deputy Majority Whip, $2,962,080, 
including $5,000 for official expenses of the Majority Whip; Office of 
the Minority Whip, including the Chief Deputy Minority Whip, $2,684,990, 
including $5,000 for official expenses of the Minority Whip; Republican 
Conference, $2,831,400; Democratic Caucus, $2,831,400:  Provided, 
That <<NOTE: Time period.>>  such amount for salaries and expenses shall 
remain available from January 3, 2022 until January 2, 2023.

                  Members' Representational Allowances

    including members' clerk hire, official expenses of members, and 
                              official mail

    For Members' representational allowances, including Members' clerk 
hire, official expenses, and official mail, $774,400,000.

         Allowance for Compensation of Interns in Member Offices

    For the allowance established under section 120 of the Legislative 
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of 
interns who serve in the offices of Members of the House of 
Representatives, $15,435,000, to remain available through January 2, 
2023:  Provided, That notwithstanding section 120(b) of such Act, an 
office of a Member of the House of Representatives may use not more than 
$35,000 of the allowance available under this heading during legislative 
year 2022.

    Allowance for Compensation of Interns in House Leadership Offices

    For the allowance established under section 113 of the Legislative 
Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of 
interns who serve in House leadership offices, $438,000, to remain 
available through January 2, 2023:  Provided, That of the amount 
provided under this heading, $240,500 shall be available for the 
compensation of interns who serve in offices of the majority, to be 
allocated among such offices by the Speaker of the House of 
Representatives, and $197,500 shall be available for the compensation of 
interns who serve in offices of the minority, to be allocated among such 
offices by the Minority Floor Leader.

  Allowance for Compensation of Interns in House Standing, Special and 
                        Select Committee Offices

    For the allowance established under section 113(a)(1) of this Act 
for the compensation of interns who serve in offices of standing, 
special, and select committees (other than the Committee on 
Appropriations), $1,943,910, to remain available through January 2, 
2023:  Provided, That of the amount provided under this heading, 
$971,955

[[Page 136 STAT. 508]]

shall be available for the compensation of interns who serve in offices 
of the majority, and $971,955 shall be available for the compensation of 
interns who serve in offices of the minority, to be allocated among such 
offices by the Chair, in consultation with the ranking minority member, 
of the Committee on House Administration.

Allowance for Compensation of Interns in House Appropriations Committee 
                                 Offices

    For the allowance established under section 113(a)(2) of this Act 
for the compensation of interns who serve in offices of the Committee on 
Appropriations, $345,584:  Provided, That <<NOTE: Consultation.>>  of 
the amount provided under this heading, $172,792 shall be available for 
the compensation of interns who serve in offices of the majority, and 
$172,792 shall be available for the compensation of interns who serve in 
offices of the minority, to be allocated among such offices by the 
Chair, in consultation with the ranking minority member, of the 
Committee on Appropriations.

                           Committee Employees

                 Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and 
select, authorized by House resolutions, $167,101,000:  Provided, That 
such amount shall remain available for such salaries and expenses until 
December 31, 2022, except that $3,100,000 of such amount shall remain 
available until expended for committee room upgrading.

                       Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations, 
$29,917,250, including studies and examinations of executive agencies 
and temporary personal services for such committee, to be expended in 
accordance with section 202(b) of the Legislative Reorganization Act of 
1946 and to be available for reimbursement to agencies for services 
performed:  Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2022.

                    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as 
authorized by law, $288,480,800, including: for salaries and expenses of 
the Office of the Clerk, including the positions of the Chaplain and the 
Historian, and including not more than $25,000 for official 
representation and reception expenses, of which not more than $20,000 is 
for the Family Room and not more than $2,000 is for the Office of the 
Chaplain, $36,500,000, of which $9,000,000 shall remain available until 
expended; for salaries and expenses of the Office of the Sergeant at 
Arms, including the position of Superintendent of Garages and the Office 
of Emergency Management, and including not more than $3,000 for official 
representation and reception expenses, $27,695,000, of which $15,000,000 
shall remain available until expended; for salaries and expenses of the 
Office of the Chief Administrative Officer including

[[Page 136 STAT. 509]]

not more than $3,000 for official representation and reception expenses, 
$193,187,800, of which $30,000,000 shall remain available until 
expended; for salaries and expenses of the Office of Diversity and 
Inclusion, $3,000,000, of which $1,000,000 shall remain available until 
expended; for salaries and expenses of the Office of the Whistleblower 
Ombuds, $1,250,000; for salaries and expenses of the Office of the 
Inspector General, $5,019,000; for salaries and expenses of the Office 
of General Counsel, $1,912,000; for salaries and expenses of the Office 
of the Parliamentarian, including the Parliamentarian, $2,000 for 
preparing the Digest of Rules, and not more than $1,000 for official 
representation and reception expenses, $2,134,000; for salaries and 
expenses of the Office of the Law Revision Counsel of the House, 
$3,600,000; for salaries and expenses of the Office of the Legislative 
Counsel of the House, $12,625,000, of which $2,000,000 shall remain 
available until expended; for salaries and expenses of the Office of 
Interparliamentary Affairs, $934,000; for other authorized employees, 
$624,000.

                         Allowances and Expenses

    For allowances and expenses as authorized by House resolution or 
law, $399,984,861, including: supplies, materials, administrative costs 
and Federal tort claims, $1,555,000; official mail for committees, 
leadership offices, and administrative offices of the House, $190,000; 
Government contributions for health, retirement, Social Security, 
contractor support for actuarial projections, and other applicable 
employee benefits, $356,000,000, to remain available until March 31, 
2023, except that $25,000,000 of such amount shall remain available 
until expended; salaries and expenses for Business Continuity and 
Disaster Recovery, $23,812,861, of which $6,000,000 shall remain 
available until expended; transition activities for new members and 
staff, $5,895,000, to remain available until expended; Green and Gold 
Congressional Aide Program under section 114 of this Act, $9,294,000, to 
remain available until expended; Office of Congressional Ethics, 
$1,738,000; and miscellaneous items including purchase, exchange, 
maintenance, repair and operation of House motor vehicles, 
interparliamentary receptions, and gratuities to heirs of deceased 
employees of the House, $1,500,000.

       House of Representatives Modernization Initiatives Account

                      (including transfer of funds)

    For the House of Representatives Modernization Initiatives Account 
established under section 115 of the Legislative Branch Appropriations 
Act, 2021 (2 U.S.C. 5513), $2,000,000, to remain available until 
expended:  Provided, That <<NOTE: Approval.>>  disbursement from this 
account is subject to approval of the Committee on Appropriations of the 
House of Representatives:  Provided further, That funds provided in this 
account shall only be used for initiatives recommended by the Select 
Committee on Modernization or approved by the Committee on House 
Administration.

[[Page 136 STAT. 510]]

                        Administrative Provisions

 requiring amounts remaining in members' representational allowances to 
       be used for deficit reduction or to reduce the federal debt

    Sec. 110. (a) Notwithstanding any other provision of law, any 
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--members' representational allowances'' shall be 
available only for fiscal year 2022. Any amount remaining after all 
payments are made under such allowances for fiscal year 2022 shall be 
deposited in the Treasury and used for deficit reduction (or, if there 
is no Federal budget deficit after all such payments have been made, for 
reducing the Federal debt, in such manner as the Secretary of the 
Treasury considers appropriate).
    (b) <<NOTE: Regulations.>>  The Committee on House Administration of 
the House of Representatives shall have authority to prescribe 
regulations to carry out this section.

    (c) <<NOTE: Definition.>>  As used in this section, the term 
``Member of the House of Representatives'' means a Representative in, or 
a Delegate or Resident Commissioner to, the Congress.

            limitation on amount available to lease vehicles

    Sec. 111.  None of the funds made available in this Act may be used 
by the Chief Administrative Officer of the House of Representatives to 
make any payments from any Members' Representational Allowance for the 
leasing of a vehicle, excluding mobile district offices, in an aggregate 
amount that exceeds $1,000 for the vehicle in any month.

          cybersecurity assistance for house of representatives

    Sec. 112.  The head of any Federal entity that provides assistance 
to the House of Representatives in the House's efforts to deter, 
prevent, mitigate, or remediate cybersecurity risks to, and incidents 
involving, the information systems of the House shall take all necessary 
steps to ensure the constitutional integrity of the separate branches of 
the government at all stages of providing the assistance, including 
applying minimization procedures to limit the spread or sharing of 
privileged House and Member information.

    allowances for compensation of interns in house committee offices

    Sec. 113. (a) <<NOTE: 2 USC 4316.>>  Establishment of Allowances.--
There are established for the House of Representatives the following 
allowances:
            (1) An allowance which shall be available for the 
        compensation of interns who serve in offices of a standing, 
        special, or select committee of the House (other than the 
        Committee on Appropriations).
            (2) An allowance which shall be available for the 
        compensation of interns who serve in offices of the Committee on 
        Appropriations.

    (b) <<NOTE: Applicability.>>  Benefit Exclusion.--Section 104(b) of 
the House of Representatives Administrative Reform Technical Corrections 
Act (2

[[Page 136 STAT. 511]]

U.S.C. 5321(b)) shall apply with respect to an intern who is compensated 
under an allowance under this section in the same manner as such section 
applies with respect to an intern who is compensated under the Members' 
Representational Allowance.

    (c) Definitions.--In this section, the term ``intern'', with respect 
to a committee of the House, has the meaning given such term with 
respect to a Member of the House of Representatives in section 104(c)(2) 
of the House of Representatives Administrative Reform Technical 
Corrections Act (2 U.S.C. 5321(c)(2)).
    (d) Conforming Amendment Relating to Transfer of Amounts.--Section 
101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 
5507(c)(2)) is amended by inserting after `` `Allowance for Compensation 
of Interns in Member Offices','' the following: `` `Allowance for 
Compensation of Interns in House Appropriations Committee Offices', 
`Allowance for Compensation of Interns in House Standing, Special and 
Select Committee Offices',''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary for 
fiscal year 2022 and each succeeding fiscal year.

                green and gold congressional aide program

    Sec. 114. (a) <<NOTE: Time period. 2 USC 5514.>>  Establishment.--
There is established in the House of Representatives the Green and Gold 
Congressional Aide Program (hereafter in this section referred to as the 
``Program'') for veterans and Gold Star Families, under the direction of 
the Chief Administrative Officer of the House of Representatives, under 
which an eligible individual may serve a 2-year fellowship in the office 
of a Member of the House of Representatives (including a Delegate or 
Resident Commissioner to the Congress) or House Officer.

    (b) Placement.--An individual may serve a fellowship under the 
Program at the Member's office in the District of Columbia or the 
Member's office in the congressional district the Member represents. 
Fellows assigned to House Officers may serve where assigned.
    (c) Exclusion of Appointees for Purposes of Limit on Number of 
Employees in Member Offices.--Any individual serving a fellowship under 
the Program in the office of a Member shall not be included in the 
determination of the number of employees employed by the Member under 
section 104(a) of the House of Representatives Administrative Reform 
Technical Corrections Act (2 U.S.C. 5321(a)).
    (d) Regulations.--The Program shall be carried out in accordance 
with regulations promulgated by the Committee on House Administration.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2022 and each succeeding fiscal year such 
sums as may be necessary to carry out the Program.
    (f) Effective Date.--This section shall apply with respect to fiscal 
year 2022 and each succeeding fiscal year.

                       david r. obey hearing room

    Sec. 115.  Hereafter, <<NOTE: 40 USC 5101 note.>>  the hearing room 
of the Subcommittee on Labor, Health and Human Services, Education, and 
Related

[[Page 136 STAT. 512]]

Agencies of the Committee on Appropriations of the House of 
Representatives (room 2358-C of the Rayburn House Office Building) shall 
be known and designated as the ``David R. Obey Room''.

                               JOINT ITEMS

    For Joint Committees, as follows:

                        Joint Economic Committee

    For salaries and expenses of the Joint Economic Committee, 
$4,283,000, to be disbursed by the Secretary of the Senate.

                       Joint Committee on Taxation

    For salaries and expenses of the Joint Committee on Taxation, 
$12,385,000, to be disbursed by the Chief Administrative Officer of the 
House of Representatives.
    For other joint items, as follows:

                    Office of the Attending Physician

    For medical supplies, equipment, and contingent expenses of the 
emergency rooms, and for the Attending Physician and his assistants, 
including:
            (1) an allowance of $3,500 per month to the Attending 
        Physician;
            (2) an allowance of $2,500 per month to the Senior Medical 
        Officer;
            (3) an allowance of $900 per month each to three medical 
        officers while on duty in the Office of the Attending Physician;
            (4) an allowance of $900 per month to 2 assistants and $900 
        per month each not to exceed 11 assistants on the basis 
        heretofore provided for such assistants; and
            (5) <<NOTE: Reimbursement.>>  $2,880,000 for reimbursement 
        to the Department of the Navy for expenses incurred for staff 
        and equipment assigned to the Office of the Attending Physician, 
        which shall be advanced and credited to the applicable 
        appropriation or appropriations from which such salaries, 
        allowances, and other expenses are payable and shall be 
        available for all the purposes thereof, $4,063,000, to be 
        disbursed by the Chief Administrative Officer of the House of 
        Representatives.

             Office of Congressional Accessibility Services

                          Salaries and Expenses

    For salaries and expenses of the Office of Congressional 
Accessibility Services, $1,606,000, to be disbursed by the Secretary of 
the Senate.

                             CAPITOL POLICE

                                Salaries

    For salaries <<NOTE: Notification.>>  of employees of the Capitol 
Police, including overtime, hazardous duty pay, and Government 
contributions for health, retirement, social security, professional 
liability insurance, and other applicable employee benefits, 
$468,861,000 of which overtime

[[Page 136 STAT. 513]]

shall not exceed $71,289,224 unless the Committees on Appropriations of 
the House and Senate are notified, to be disbursed by the Chief of the 
Capitol Police or a duly authorized designee.

                            General Expenses

    For necessary expenses of the Capitol Police, including motor 
vehicles, communications and other equipment, security equipment and 
installation, uniforms, weapons, supplies, materials, training, medical 
services, forensic services, stenographic services, personal and 
professional services, the employee assistance program, the awards 
program, postage, communication services, travel advances, relocation of 
instructor and liaison personnel for the Federal Law Enforcement 
Training Centers, and not more than $5,000 to be expended on the 
certification of the Chief of the Capitol Police in connection with 
official representation and reception expenses, $133,648,000, to be 
disbursed by the Chief of the Capitol Police or a duly authorized 
designee:  Provided, That, notwithstanding any other provision of law, 
the cost of basic training for the Capitol Police at the Federal Law 
Enforcement Training Centers for fiscal year 2022 shall be paid by the 
Secretary of Homeland Security from funds available to the Department of 
Homeland Security.

                        Administrative Provision

                       notification of obligation

    Sec. 120. (a) <<NOTE: Effective date. 2 USC 1905b.>>  Beginning on 
the date of enactment of this Act, the Chief of the United States 
Capitol Police shall provide written notice to the Committee on 
Appropriations of the Senate and the Committee on Appropriations of the 
House of Representatives before any obligation of funds under section 
2802(a)(2) of the Supplemental Appropriations Act, 2001 (2 U.S.C. 
1905(a)(2)) that equals or exceeds $100,000.

    (b) <<NOTE: Applicability.>>  This section shall apply with respect 
to fiscal year 2022 and each fiscal year thereafter.

                OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

                          Salaries and Expenses

    For salaries <<NOTE: Certification.>>  and expenses necessary for 
the operation of the Office of Congressional Workplace Rights, 
$7,500,000, of which $2,000,000 shall remain available until September 
30, 2023, and of which not more than $1,000 may be expended on the 
certification of the Executive Director in connection with official 
representation and reception expenses.

                       CONGRESSIONAL BUDGET OFFICE

                          Salaries and Expenses

    For salaries <<NOTE: Certification.>>  and expenses necessary for 
operation of the Congressional Budget Office, including not more than 
$6,000 to be expended on the certification of the Director of the 
Congressional Budget Office in connection with official representation 
and reception expenses, $60,953,000:  Provided, That the Director shall 
use not less than $500,000 of the amount made available under this

[[Page 136 STAT. 514]]

heading for (1) improving technical systems, processes, and models for 
the purpose of improving the transparency of estimates of budgetary 
effects to Members of Congress, employees of Members of Congress, and 
the public, and (2) to increase the availability of models, economic 
assumptions, and data for Members of Congress, employees of Members of 
Congress, and the public.

                        ARCHITECT OF THE CAPITOL

                   Capital Construction and Operations

    For salaries for the Architect of the Capitol, and other personal 
services, at rates of pay provided by law; for all necessary expenses 
for surveys and studies, construction, operation, and general and 
administrative support in connection with facilities and activities 
under the care of the Architect of the Capitol including the Botanic 
Garden; electrical substations of the Capitol, Senate and House office 
buildings, and other facilities under the jurisdiction of the Architect 
of the Capitol; including furnishings and office equipment; including 
not more than $5,000 for official reception and representation expenses, 
to be expended as the Architect of the Capitol may approve; for purchase 
or exchange, maintenance, and operation of a passenger motor vehicle, 
$139,116,500, of which $5,000,000 shall remain available until September 
30, 2026.

                            Capitol Building

    For all necessary expenses for the maintenance, care and operation 
of the Capitol, $42,579,000, of which $12,899,000 shall remain available 
until September 30, 2026.

                             Capitol Grounds

    For all necessary expenses for care and improvement of grounds 
surrounding the Capitol, the Senate and House office buildings, and the 
Capitol Power Plant, $15,237,000, of which $2,000,000 shall remain 
available until September 30, 2026.

                         Senate Office Buildings

    For all necessary expenses for the maintenance, care and operation 
of Senate office buildings; and furniture and furnishings to be expended 
under the control and supervision of the Architect of the Capitol, 
$81,977,000, of which $9,000,000 shall remain available until September 
30, 2026, and of which $2,000,000 shall remain available until expended.

                         House Office Buildings

                      (including transfer of funds)

    For all necessary expenses for the maintenance, care and operation 
of the House office buildings, $212,422,500, of which $12,000,000 shall 
remain available until September 30, 2026, and of which $128,000,000 
shall remain available until expended for the restoration and renovation 
of the Cannon House Office Building:  Provided, That of the amount made 
available under this heading, $9,000,000 shall be derived by transfer 
from the House Office

[[Page 136 STAT. 515]]

Building Fund established under section 176(d) of the Continuing 
Appropriations Act, 2017, as added by section 101(3) of the Further 
Continuing Appropriation Act, 2017 (Public Law 114-254; 2 U.S.C. 2001 
note).

                           Capitol Power Plant

    For all necessary expenses for the maintenance, care and operation 
of the Capitol Power Plant; lighting, heating, power (including the 
purchase of electrical energy) and water and sewer services for the 
Capitol, Senate and House office buildings, Library of Congress 
buildings, and the grounds about the same, Botanic Garden, Senate 
garage, and air conditioning refrigeration not supplied from plants in 
any of such buildings; heating the Government Publishing Office and 
Washington City Post Office, and heating and chilled water for air 
conditioning for the Supreme Court Building, the Union Station complex, 
the Thurgood Marshall Federal Judiciary Building and the Folger 
Shakespeare Library, expenses for which shall be advanced or reimbursed 
upon request of the Architect of the Capitol and amounts so received 
shall be deposited into the Treasury to the credit of this 
appropriation, $114,598,000, of which $24,575,000 shall remain available 
until September 30, 2026:  Provided, That not more than $10,000,000 of 
the funds credited or to be reimbursed to this appropriation as herein 
provided shall be available for obligation during fiscal year 2022.

                      Library Buildings and Grounds

    For all necessary expenses for the mechanical and structural 
maintenance, care and operation of the Library buildings and grounds, 
$64,544,000, of which $31,000,000 shall remain available until September 
30, 2026.

             Capitol Police Buildings, Grounds and Security

    For all necessary expenses for the maintenance, care and operation 
of buildings, grounds and security enhancements of the United States 
Capitol Police, wherever located, the Alternate Computing Facility, and 
Architect of the Capitol security operations, $62,389,733, of which 
$637,639 shall remain available until September 30, 2024, and be used to 
make bulk purchases of, store, and distribute in coordination with 
partnering agencies personal protective equipment wherever needed, 
subject to prior notification to the Senate Committee on Appropriations 
and the House Committee on Appropriations, and $30,000,000 shall remain 
available until September 30, 2026.

                             Botanic Garden

    For all necessary expenses for the maintenance, care and operation 
of the Botanic Garden and the nurseries, buildings, grounds, and 
collections; and purchase and exchange, maintenance, repair, and 
operation of a passenger motor vehicle; all under the direction of the 
Joint Committee on the Library, $24,463,500, of which $10,100,000 shall 
remain available until September 30, 2026:  Provided, That, of the 
amount made available under this heading, the Architect of the Capitol 
may obligate and expend such sums as may be necessary for the 
maintenance, care and operation of

[[Page 136 STAT. 516]]

the National Garden established under section 307E of the Legislative 
Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved 
by the Architect of the Capitol or a duly authorized designee.

                         Capitol Visitor Center

    For all necessary expenses for the operation of the Capitol Visitor 
Center, $25,569,000.

                        Administrative Provisions

        no bonuses for contractors behind schedule or over budget

    Sec. 130.  None <<NOTE: Determination.>>  of the funds made 
available in this Act for the Architect of the Capitol may be used to 
make incentive or award payments to contractors for work on contracts or 
programs for which the contractor is behind schedule or over budget, 
unless the Architect of the Capitol, or agency-employed designee, 
determines that any such deviations are due to unforeseeable events, 
government-driven scope changes, or are not significant within the 
overall scope of the project and/or program.

     availability of coins collected from fountains for maintenance 
                               operations

    Sec. 131.  Section 504 of Public Law 110-437 (as codified at 2 
U.S.C. 2273) is amended in subsection (c) by adding before the period at 
the end of the first sentence the following: ``, and maintaining 
fountains under the jurisdiction of the Architect of the Capitol''.

                           LIBRARY OF CONGRESS

                          Salaries and Expenses

    For all necessary expenses of the Library of Congress not otherwise 
provided for, including development and maintenance of the Library's 
catalogs; custody and custodial care of the Library buildings; 
information technology services provided centrally; special clothing; 
cleaning, laundering and repair of uniforms; preservation of motion 
pictures in the custody of the Library; operation and maintenance of the 
American Folklife Center in the Library; preparation and distribution of 
catalog records and other publications of the Library; hire or purchase 
of one passenger motor vehicle; and expenses of the Library of Congress 
Trust Fund Board not properly chargeable to the income of any trust fund 
held by the Board, $550,620,874, and, in addition, amounts credited to 
this appropriation during fiscal year 2022 under the Act of June 28, 
1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available 
until expended:  Provided, That the Library of Congress may not obligate 
or expend any funds derived from collections under the Act of June 28, 
1902, in excess of the amount authorized for obligation or expenditure 
in appropriations Acts:  Provided further, 
That <<NOTE: Certification.>>  of the total amount appropriated, not 
more than $18,000 may be expended, on the certification of the Librarian 
of Congress, in connection with official representation and reception 
expenses, including for the Overseas Field Offices:  Provided further, 
That

[[Page 136 STAT. 517]]

of the total amount appropriated, $9,661,000 shall remain available 
until expended for the Teaching with Primary Sources program:  Provided 
further, That of the total amount appropriated, $1,419,000 shall remain 
available until expended for upgrade of the Legislative Branch Financial 
Management System:  Provided further, That of the total amount 
appropriated, $250,000 shall remain available until expended for the 
Surplus Books Program to promote the program and facilitate a greater 
number of donations to eligible entities across the United States:  
Provided further, That of the total amount appropriated, $3,831,000 
shall remain available until expended for the Veterans History Project 
to continue digitization efforts of already collected materials, reach a 
greater number of veterans to record their stories, and promote public 
access to the Project:  Provided further, That <<NOTE: Approval.>>  of 
the total amount appropriated, $10,000,000 shall remain available until 
expended for the Library's Visitor Experience project, and may be 
obligated and expended only upon approval by the Subcommittee on the 
Legislative Branch of the Committee on Appropriations of the House of 
Representatives and by the Subcommittee on the Legislative Branch of the 
Committee on Appropriations of the Senate.

                            Copyright Office

                          salaries and expenses

    For all necessary expenses of the Copyright Office, $98,038,000, of 
which not more than $38,004,000, to remain available until expended, 
shall be derived from collections credited to this appropriation during 
fiscal year 2022 under sections 708(d) and 1316 of title 17, United 
States Code:  Provided, That the Copyright Office may not obligate or 
expend any funds derived from collections under such section in excess 
of the amount authorized for obligation or expenditure in appropriations 
Acts:  Provided further, That not more than $6,969,000 shall be derived 
from collections during fiscal year 2022 under sections 111(d)(2), 
119(b)(3), 803(e), and 1005 of such title:  Provided further, That the 
total amount available for obligation shall be reduced by the amount by 
which collections are less than $44,973,000:  Provided further, That of 
the funds provided under this heading, not less than $17,100,000 is for 
modernization initiatives, of which $10,000,000 shall remain available 
until September 30, 2023:  Provided further, That not more than $100,000 
of the amount appropriated is available for the maintenance of an 
``International Copyright Institute'' in the Copyright Office of the 
Library of Congress for the purpose of training nationals of developing 
countries in intellectual property laws and policies:  Provided further, 
That <<NOTE: Certification.>>  not more than $6,500 may be expended, on 
the certification of the Librarian of Congress, in connection with 
official representation and reception expenses for activities of the 
International Copyright Institute and for copyright delegations, 
visitors, and seminars:  Provided further, That, notwithstanding any 
provision of chapter 8 of title 17, United States Code, any amounts made 
available under this heading which are attributable to royalty fees and 
payments received by the Copyright Office pursuant to sections 111, 119, 
and chapter 10 of such title may be used for the costs incurred in the 
administration of the Copyright Royalty Judges program, with the 
exception of the costs

[[Page 136 STAT. 518]]

of salaries and benefits for the Copyright Royalty Judges and staff 
under section 802(e).

                     Congressional Research Service

                          salaries and expenses

    For all necessary expenses to carry out the provisions of section 
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to 
revise and extend the Annotated Constitution of the United States of 
America, $129,106,000:  Provided, That <<NOTE: Advance approval.>>  no 
part of such amount may be used to pay any salary or expense in 
connection with any publication, or preparation of material therefor 
(except the Digest of Public General Bills), to be issued by the Library 
of Congress unless such publication has obtained prior approval of 
either the Committee on House Administration of the House of 
Representatives or the Committee on Rules and Administration of the 
Senate:  Provided further, That this prohibition does not apply to 
publication of non-confidential Congressional Research Service (CRS) 
products:  Provided further, That a non-confidential CRS product 
includes any written product containing research or analysis that is 
currently available for general congressional access on the CRS 
Congressional Intranet, or that would be made available on the CRS 
Congressional Intranet in the normal course of business and does not 
include material prepared in response to Congressional requests for 
confidential analysis or research.

        National Library Service for the Blind and Print Disabled

                          salaries and expenses

    For all necessary expenses to carry out the Act of March 3, 1931 
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $61,227,000:  Provided, 
That of the total amount appropriated, $650,000 shall be available to 
contract to provide newspapers to blind and print disabled residents at 
no cost to the individual.

                        Administrative Provisions

               reimbursable and revolving fund activities

    Sec. 140. (a) In General.--For fiscal year 2022, the obligational 
authority of the Library of Congress for the activities described in 
subsection (b) may not exceed $292,430,000.
    (b) Activities.--The activities referred to in subsection (a) are 
reimbursable and revolving fund activities that are funded from sources 
other than appropriations to the Library in appropriations Acts for the 
legislative branch.

                                  gifts

    Sec. 141. (a) Revising Authorities of Librarian to Accept Gifts.--
The first undesignated paragraph of section 4 of the Act entitled ``An 
Act to create a Library of Congress Trust Fund Board, and for other 
purposes'', approved March 3, 1925 (2 U.S.C. 160), is amended--
            (1) in the first sentence--

[[Page 136 STAT. 519]]

                    (A) by striking ``and'' before ``(3) gifts or 
                bequests of money for immediate disbursement''; and
                    (B) by striking the period at the end and inserting 
                the following: ``; and (4) gifts or bequests of 
                securities or other personal property.'';
            (2) in the second sentence, by inserting ``of money'' after 
        ``bequests'';
            (3) in the third sentence, by striking ``enter them'' and 
        inserting ``enter the gift, bequest, or proceeds''; and
            (4) by inserting after the second sentence the following new 
        sentence: ``In the case of a gift of securities, the Librarian 
        shall sell the gift and provide the donor with such 
        acknowledgment as needed for the donor to substantiate the 
        gift.''.

    (b) <<NOTE: 2 USC 160 note.>>  Effective Date.--The amendments made 
by this section shall apply with respect to fiscal year 2022 and each 
succeeding fiscal year.

   library of congress orders under task and delivery order contracts

    Sec. 142. (a) <<NOTE: 2 USC 186.>>  Contract Modifications.--An 
order issued under a task order contract or a delivery order contract 
(as such terms are defined in section 4101 of title 41, United States 
Code) entered into by the Librarian of Congress may not increase the 
scope, period, or maximum value of the contract under which the order is 
issued. The scope, period, or maximum value of the contract may be 
increased only by modification of the contract.

    (b) Exceptions From Advertising Requirement.--Section 6102 of title 
41, United States Code, is amended by adding at the end the following:
    ``(j) Librarian of Congress.--Section 6101 of this title does not 
apply to a procurement made against an order placed under a task order 
contract or a delivery order contract (as such terms are defined in 
section 4101 of this title) entered into by the Librarian of 
Congress.''.
    (c) Protests.--
            (1) Protest not authorized.--A protest to an order described 
        in subsection (a) filed pursuant to the procedures in subchapter 
        V of chapter 35 of title 31, United States Code, is not 
        authorized unless such protest--
                    (A) is an objection on the basis that the order is 
                in violation of subsection (a); or
                    (B) concerns an order valued in excess of 
                $10,000,000.
            (2) Jurisdiction over protests.--Notwithstanding section 
        3556 of title 31, United States Code, the Comptroller General 
        shall have exclusive jurisdiction of a protest authorized under 
        paragraph (1)(B).

    (d) Effective Date.--This section and the amendment made by this 
section shall apply with respect to fiscal year 2022 and each succeeding 
fiscal year.

[[Page 136 STAT. 520]]

                      GOVERNMENT PUBLISHING OFFICE

                        Congressional Publishing

                      (including transfer of funds)

    For authorized publishing of congressional information and the 
distribution of congressional information in any format; publishing of 
Government publications authorized by law to be distributed to Members 
of Congress; and publishing, and distribution of Government publications 
authorized by law to be distributed without charge to the recipient, 
$78,872,161:  Provided, That this appropriation shall not be available 
for paper copies of the permanent edition of the Congressional Record 
for individual Representatives, Resident Commissioners or Delegates 
authorized under section 906 of title 44, United States Code:  Provided 
further, That this appropriation shall be available for the payment of 
obligations incurred under the appropriations for similar purposes for 
preceding fiscal years:  Provided further, That <<NOTE: Time periods.>>  
notwithstanding the 2-year limitation under section 718 of title 44, 
United States Code, none of the funds appropriated or made available 
under this Act or any other Act for printing and binding and related 
services provided to Congress under chapter 7 of title 44, United States 
Code, may be expended to print a document, report, or publication after 
the 27-month period beginning on the date that such document, report, or 
publication is authorized by Congress to be printed, unless Congress 
reauthorizes such printing in accordance with section 718 of title 44, 
United States Code:  Provided further, That <<NOTE: Deadline. Time 
periods. Approval.>>  unobligated or unexpended balances of expired 
discretionary funds made available under this heading in this Act for 
this fiscal year may be transferred to, and merged with, funds under the 
heading ``Government Publishing Office Business Operations Revolving 
Fund'' no later than the end of the fifth fiscal year after the last 
fiscal year for which such funds are available for the purposes for 
which appropriated, to be available for carrying out the purposes of 
this heading, subject to the approval of the Committees on 
Appropriations of the House of Representatives and the Senate:  Provided 
further, That notwithstanding sections 901, 902, and 906 of title 44, 
United States Code, this appropriation may be used to prepare indexes to 
the Congressional Record on only a monthly and session basis.

     Public Information Programs of the Superintendent of Documents

                          salaries and expenses

                      (including transfer of funds)

    For expenses of the public information programs of the Office of 
Superintendent of Documents necessary to provide for the cataloging and 
indexing of Government publications in any format, and their 
distribution to the public, Members of Congress, other Government 
agencies, and designated depository and international exchange libraries 
as authorized by law, $34,020,000:  Provided, That amounts of not more 
than $2,000,000 from current year appropriations are authorized for 
producing and disseminating Congressional serial sets and other related 
publications for the preceding

[[Page 136 STAT. 521]]

two fiscal years to depository and other designated libraries:  Provided 
further, That <<NOTE: Deadline. Time periods. Approval.>>  unobligated 
or unexpended balances of expired discretionary funds made available 
under this heading in this Act for this fiscal year may be transferred 
to, and merged with, funds under the heading ``Government Publishing 
Office Business Operations Revolving Fund'' no later than the end of the 
fifth fiscal year after the last fiscal year for which such funds are 
available for the purposes for which appropriated, to be available for 
carrying out the purposes of this heading, subject to the approval of 
the Committees on Appropriations of the House of Representatives and the 
Senate.

     Government Publishing Office Business Operations Revolving Fund

    For payment to the Government Publishing Office Business Operations 
Revolving Fund, $11,345,000, to remain available until expended, for 
information technology development and facilities repair:  Provided, 
That the Government Publishing Office is hereby authorized to make such 
expenditures, within the limits of funds available and in accordance 
with law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 9104 of title 31, United 
States Code, as may be necessary in carrying out the programs and 
purposes set forth in the budget for the current fiscal year for the 
Government Publishing Office Business Operations Revolving Fund:  
Provided further, That <<NOTE: Certification.>>  not more than $7,500 
may be expended on the certification of the Director of the Government 
Publishing Office in connection with official representation and 
reception expenses:  Provided further, That the Business Operations 
Revolving Fund shall be available for the hire or purchase of not more 
than 12 passenger motor vehicles:  Provided further, That expenditures 
in connection with travel expenses of the advisory councils to the 
Director of the Government Publishing Office shall be deemed necessary 
to carry out the provisions of title 44, United States Code:  Provided 
further, That the Business Operations Revolving Fund shall be available 
for temporary or intermittent services under section 3109(b) of title 5, 
United States Code, but at rates for individuals not more than the daily 
equivalent of the annual rate of basic pay for level V of the Executive 
Schedule under section 5316 of such title:  Provided further, That 
activities financed through the Business Operations Revolving Fund may 
provide information in any format:  Provided further, That the Business 
Operations Revolving Fund and the funds provided under the heading 
``Public Information Programs of the Superintendent of Documents'' may 
not be used for contracted security services at Government Publishing 
Office's passport facility in the District of Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                          Salaries and Expenses

    For necessary expenses of the Government Accountability Office, 
including not more than $12,500 to be expended on the certification of 
the Comptroller General of the United States in connection with official 
representation and reception expenses; temporary or intermittent 
services under section 3109(b) of title 5, United States Code, but at 
rates for individuals not more than

[[Page 136 STAT. 522]]

the daily equivalent of the annual rate of basic pay for level IV of the 
Executive Schedule under section 5315 of such title; hire of one 
passenger motor vehicle; advance payments in foreign countries in 
accordance with section 3324 of title 31, United States Code; benefits 
comparable to those payable under sections 901(5), (6), and (8) of the 
Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under 
regulations prescribed by the Comptroller General of the United States, 
rental of living quarters in foreign countries, $719,230,113:  Provided, 
That, in addition, $38,900,000 of payments received under sections 782, 
791, 3521, and 9105 of title 31, United States Code, shall be available 
without fiscal year limitation:  Provided further, 
That <<NOTE: Determination.>>  this appropriation and appropriations for 
administrative expenses of any other department or agency which is a 
member of the National Intergovernmental Audit Forum or a Regional 
Intergovernmental Audit Forum shall be available to finance an 
appropriate share of either Forum's costs as determined by the 
respective Forum, including necessary travel expenses of non-Federal 
participants: <<NOTE: Reimbursements.>>   Provided further, That 
payments hereunder to the Forum may be credited as reimbursements to any 
appropriation from which costs involved are initially financed.

         CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND

    For a payment to the Congressional Office for International 
Leadership Fund for financing activities of the Congressional Office for 
International Leadership under section 313 of the Legislative Branch 
Appropriations Act, 2001 (2 U.S.C. 1151), as amended by section 140 of 
this Act, $6,000,000:  Provided, That <<NOTE: Russia.>>  funds made 
available to support Russian participants shall only be used for those 
engaging in free market development, humanitarian activities, and civic 
engagement, and shall not be used for officials of the central 
government of Russia.

                        Administrative Provision

 conversion of open world leadership center to congressional office for 
                        international leadership

    Sec. 150. (a) Conversion.--
            (1) Establishment of office.--Section 313 of the Legislative 
        Branch Appropriations Act, 2001 (2 U.S.C. 1151) is amended--
                    (A) in the heading, by striking ``OPEN WORLD 
                LEADERSHIP CENTER'' and inserting ``CONGRESSIONAL OFFICE 
                FOR INTERNATIONAL LEADERSHIP'';
                    (B) by amending paragraph (1) of subsection (a) to 
                read as follows:
            ``(1) In general.--There is established in the legislative 
        branch of the Government an office to be known as the 
        `Congressional Office for International Leadership' (the 
        `Office').''; and
                    (C) in paragraph (2) of subsection (a), by striking 
                ``The Center'' and inserting ``The Office''.
            (2) Purpose; grant program; application.--Section 313(b) of 
        such Act (2 U.S.C. 1151(b)) is amended--
                    (A) in paragraph (1), by striking ``the Center'' and 
                inserting ``the Office'';

[[Page 136 STAT. 523]]

                    (B) in paragraph (2), by striking ``the Center'' 
                each place it appears and inserting ``the Office'';
                    (C) in paragraph (3)(C)(iii), by striking ``the 
                Center'' and inserting ``the Office'';
                    (D) in paragraph (4)(A), by striking ``the Center'' 
                each place it appears and inserting ``the Office''; and
                    (E) in paragraph (4)(B)(iv), by striking ``the 
                Center'' and inserting ``the Office''.
            (3) Trust fund.--Section 313(c) of such Act (2 U.S.C. 
        1151(c)) is amended--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--There is established in the Treasury of 
        the United States a trust fund to be known as the `Congressional 
        Office for International Leadership Fund' (the `Fund'), which 
        shall consist of amounts which may be appropriated, credited, or 
        transferred to it under this section.''; and
                    (B) by striking ``the Center'' each place it appears 
                in paragraphs (2) and (3)(B) and inserting ``the 
                Office''.
            (4) Executive director.--Section 313(d) of such Act (2 
        U.S.C. 1151(d)) is amended by striking ``the Center'' each place 
        it appears and inserting ``the Office''.
            (5) Administrative provisions.--Section 313(e) of such Act 
        (2 U.S.C. 1151(e)) is amended by striking ``the Center'' each 
        place it appears and inserting ``the Office''.

    (b) Participation of Emerging Civic Leaders of Eligible Foreign 
States.--Section 313(b) of such Act (2 U.S.C. 1151(b)) is amended by 
striking ``political leaders'' each place it appears in paragraphs (1) 
and (2) and inserting ``political and civic leaders''.
    (c) <<NOTE: 2 USC 1151 note.>>  References in Law.--Any reference in 
any law, rule, or regulation--
            (1) to the Open World Leadership Center shall be deemed to 
        refer to the Congressional Office for International Leadership; 
        and
            (2) to the Open World Leadership Center Trust Fund shall be 
        deemed to refer to the Congressional Office for International 
        Leadership Fund.

    (d) <<NOTE: 2 USC 1151 note.>>  Effective Date; Transition.--
            (1) Effective date.--This section and the amendments made by 
        this section shall take effect on or after the later of October 
        1, 2021, or the date of the enactment of this Act.
            (2) <<NOTE: Appointment.>>  Service of current executive 
        director.--The individual serving as the Executive Director of 
        the Open World Leadership Center as of the day before the date 
        of the enactment of this Act shall be deemed to have been 
        appointed by the Librarian of Congress to serve as the Executive 
        Director of the Congressional Office for International 
        Leadership.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

    For payment to the John C. Stennis Center for Public Service 
Development Trust Fund established under section 116 of the John C. 
Stennis Center for Public Service Training and Development Act (2 U.S.C. 
1105), $430,000.

[[Page 136 STAT. 524]]

                                TITLE II

                           GENERAL PROVISIONS

                maintenance and care of private vehicles

    Sec. 201.  No part of the funds appropriated in this Act shall be 
used for the maintenance or care of private vehicles, except for 
emergency assistance and cleaning as may be provided under regulations 
relating to parking facilities for the House of Representatives issued 
by the Committee on House Administration and for the Senate issued by 
the Committee on Rules and Administration.

                         fiscal year limitation

    Sec. 202.  No part of the funds appropriated in this Act shall 
remain available for obligation beyond fiscal year 2022 unless expressly 
so provided in this Act.

                  rates of compensation and designation

    Sec. 203.  Whenever in this Act any office or position not 
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 
et seq.) is appropriated for or the rate of compensation or designation 
of any office or position appropriated for is different from that 
specifically established by such Act, the rate of compensation and the 
designation in this Act shall be the permanent law with respect thereto: 
 Provided, That the provisions in this Act for the various items of 
official expenses of Members, officers, and committees of the Senate and 
House of Representatives, and clerk hire for Senators and Members of the 
House of Representatives shall be the permanent law with respect 
thereto.

                           consulting services

    Sec. 204.  The <<NOTE: Contracts. Public information.>>  expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, under section 3109 of title 5, United States Code, 
shall be limited to those contracts where such expenditures are a matter 
of public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued under existing law.

         costs of legislative branch financial managers council

    Sec. 205.  Amounts <<NOTE: Determination.>>  available for 
administrative expenses of any legislative branch entity which 
participates in the Legislative Branch Financial Managers Council 
(LBFMC) established by charter on March 26, 1996, shall be available to 
finance an appropriate share of LBFMC costs as determined by the LBFMC, 
except that the total LBFMC costs to be shared among all participating 
legislative branch entities (in such allocations among the entities as 
the entities may determine) may not exceed $2,000.

                         limitation on transfers

    Sec. 206.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made

[[Page 136 STAT. 525]]

by, or transfer authority provided in, this Act or any other 
appropriation Act.

                       guided tours of the capitol

    Sec. 207. (a) Except as provided in subsection (b), none of the 
funds made available to the Architect of the Capitol in this Act may be 
used to eliminate or restrict guided tours of the United States Capitol 
which are led by employees and interns of offices of Members of Congress 
and other offices of the House of Representatives and Senate, unless 
through regulations as authorized by section 402(b)(8) of the Capitol 
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
    (b) At the direction of the Capitol Police Board, or at the 
direction of the Architect of the Capitol with the approval of the 
Capitol Police Board, guided tours of the United States Capitol which 
are led by employees and interns described in subsection (a) may be 
suspended temporarily or otherwise subject to restriction for security 
or related reasons to the same extent as guided tours of the United 
States Capitol which are led by the Architect of the Capitol.

         limitation on telecommunications equipment procurement

    Sec. 208. (a) <<NOTE: Huawei Technologies Company. ZTE 
Corporation. Review.>>  None of the funds appropriated or otherwise made 
available under this Act may be used to acquire telecommunications 
equipment produced by Huawei Technologies Company or ZTE Corporation for 
a high or moderate impact information system, as defined for security 
categorization in the National Institute of Standards and Technology's 
(NIST) Federal Information Processing Standard Publication 199, 
``Standards for Security Categorization of Federal Information and 
Information Systems'' unless the agency, office, or other entity 
acquiring the equipment or system has--
            (1) reviewed the supply chain risk for the information 
        systems against criteria developed by NIST to inform acquisition 
        decisions for high or moderate impact information systems within 
        the Federal Government;
            (2) reviewed the supply chain risk from the presumptive 
        awardee against available and relevant threat information 
        provided by the Federal Bureau of Investigation and other 
        appropriate agencies; and
            (3) <<NOTE: Consultation. Assessment. Cyber 
        threats. China. Iran. North Korea. Russia.>>  in consultation 
        with the Federal Bureau of Investigation or other appropriate 
        Federal entity, conducted an assessment of any risk of cyber-
        espionage or sabotage associated with the acquisition of such 
        telecommunications equipment for inclusion in a high or moderate 
        impact system, including any risk associated with such system 
        being produced, manufactured, or assembled by one or more 
        entities identified by the United States Government as posing a 
        cyber threat, including but not limited to, those that may be 
        owned, directed, or subsidized by the People's Republic of 
        China, the Islamic Republic of Iran, the Democratic People's 
        Republic of Korea, or the Russian Federation.

    (b) <<NOTE: Consultations.>>  None of the funds appropriated or 
otherwise made available under this Act may be used to acquire a high or 
moderate impact information system reviewed and assessed under 
subsection (a) unless the head of the assessing entity described in 
subsection (a) has-- <<NOTE: Determination.>> 

[[Page 136 STAT. 526]]

            (1) <<NOTE: Mitigation strategy.>>  developed, in 
        consultation with NIST and supply chain risk management experts, 
        a mitigation strategy for any identified risks;
            (2) <<NOTE: Determination.>>  determined, in consultation 
        with NIST and the Federal Bureau of Investigation, that the 
        acquisition of such telecommunications equipment for inclusion 
        in a high or moderate impact system is in the vital national 
        security interest of the United States; and
            (3) <<NOTE: Reports.>>  reported that determination to the 
        Committees on Appropriations of the House of Representatives and 
        the Senate in a manner that identifies the telecommunications 
        equipment for inclusion in a high or moderate impact system 
        intended for acquisition and a detailed description of the 
        mitigation strategies identified in paragraph (1), provided that 
        such report may include a classified annex as necessary.

               prohibition on certain operational expenses

    Sec. 209. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities or other official government activities.

                         plastic waste reduction

    Sec. 210.  All <<NOTE: Contracts. Coordination. Consultation.>>  
agencies and offices funded by this Act that contract with a food 
service provider or providers shall confer and coordinate with such food 
service provider or providers, in consultation with disability advocacy 
groups, to eliminate or reduce plastic waste, including waste from 
plastic straws, explore the use of biodegradable items, and increase 
recycling and composting opportunities.

                    capitol complex health and safety

    Sec. 211.  In addition to the amounts appropriated under this Act 
under the heading ``Office of the Attending Physician'', there is hereby 
appropriated to the Office of the Attending Physician $5,000,000, to 
remain available until expended, for response to COVID-19, including 
testing, subject to the same terms and conditions as the amounts 
appropriated under such heading.

 annual rate of pay for personnel of certain legislative branch offices

    Sec. 212. (a) Architect of the Capitol.--Section 1 of the Act 
entitled ``An Act to fix the annual rates of pay for the Architect of 
the Capitol and the Assistant Architect of the Capitol'' (2 U.S.C. 1802) 
is amended by striking ``the maximum rate'' and all that follows and 
inserting ``the annual rate of basic pay for level II of the Executive 
Schedule under section 5313 of title 5, United States Code.''.
    (b) Chief of the Capitol Police.--Subsection (c) of the first 
section of the Act entitled ``An Act to establish by law the position

[[Page 136 STAT. 527]]

of Chief of the Capitol Police, and for other purposes'' (2 U.S.C. 1902) 
is amended by striking ``$1,000 less than'' and all that follows and 
inserting ``the annual rate of basic pay for level II of the Executive 
Schedule under section 5313 of title 5, United States Code.''.
    (c) <<NOTE: 2 USC 1802 note.>>  Effective Date.--This section and 
the amendments made by this section shall take effect on the first day 
of the first applicable pay period beginning on or after the date of 
enactment of this Act.

                        senate staff compensation

    Sec. 213. (a) In General.--
            (1) Change in maximum rates.--Section 105 of the Legislative 
        Branch Appropriation Act, 1968 (2 U.S.C. 4575) is amended by 
        striking ``$173,900'' each place it appears and inserting ``the 
        annual rate of basic pay in effect for level II of the Executive 
        Schedule under section 5313 of title 5, United States Code''.
            (2) Adjustments.--
                    (A) In general.--Section 4 of the Federal Pay 
                Comparability Act of 1970 (2 U.S.C. 4571) is amended--
                          (i) in subsection (a), in the matter following 
                      paragraph (2), by striking ``and adjust'' and all 
                      that follows through ``and Senators.'' and 
                      inserting ``, subject to section 105(f) of the 
                      Legislative Branch Appropriation Act, 1968 (2 
                      U.S.C. 4575(f)).'';
                          (ii) by striking subsection (d); and
                          (iii) by redesignating subsections (e) and (f) 
                      as subsections (d) and (e), respectively.
                    (B) Other adjustments.--Section 315(a) of the 
                Legislative Branch Appropriations Act, 1991 (2 U.S.C. 
                4573(a)) is amended by striking ``to the extent'' and 
                all that follows through ``Senators.'' and inserting ``, 
                subject to section 105(f) of the Legislative Branch 
                Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.

    (b) <<NOTE: 2 USC 4571 note.>>  Effective Date.--This section and 
the amendments made by this section shall take effect on the first day 
of the first applicable pay period beginning on or after the date of 
enactment of this Act.

  plaque to honor members of law enforcement who responded on january 6

    Sec. 214. (a) <<NOTE: 2 USC 2131 note prec.>>  Sense of Congress.--
It is the sense of Congress that the United States owes its deepest 
gratitude to those officers of the United States Capitol Police and the 
Metropolitan Police Department of the District of Columbia, as well as 
officers from other Federal, State, and local law enforcement agencies 
and protective entities, who valiantly protected the United States 
Capitol, Members of Congress, and staff on January 6, 2021.

    (b) <<NOTE: Deadline.>>  Plaque.--Not later than 1 year after the 
date of the enactment of this Act, the Architect of the Capitol shall 
obtain an honorific plaque listing the names of all of the officers of 
the United States Capitol Police, the Metropolitan Police Department of 
the District of Columbia, and other Federal, State, and local law 
enforcement agencies and protective entities who responded to the 
violence that occurred at the United States Capitol on

[[Page 136 STAT. 528]]

January 6, 2021, and shall place the plaque at a permanent location on 
the western front of the United States Capitol.

    (c) Compilation and Confirmation of List of Names.--
            (1) List of names for plaque.--The Chairs and Ranking 
        Members of the Committee on House Administration of the House of 
        Representatives, the Committee on Rules and Administration of 
        the Senate, and the Subcommittees on the Legislative Branch of 
        the Committees on Appropriations of the House of Representatives 
        and Senate shall jointly compile and confirm a list of the 
        officers of the United States Capitol Police, the Metropolitan 
        Police Department of the District of Columbia, and other 
        Federal, State, and local law enforcement agencies and 
        protective entities whose names should be included on the plaque 
        under this section.
            (2) Inclusion of names of specific officers.--In compiling 
        the list under paragraph (1), the Chairs and Ranking Members of 
        the Committees and Subcommittees described in such paragraph 
        shall include the names of the specific individuals described in 
        paragraph (2) of section 215(c) of H. R. 4346, One Hundred 
        Seventeenth Congress, as passed by the House of Representatives 
        on July 28, 2021.

    This division may be cited as the ``Legislative Branch 
Appropriations Act, 2022''.

   DIVISION J--MILITARY CONSTRUCTION, <<NOTE: Military Construction, 
  Veterans Affairs, and Related Agencies Appropriations Act, 2022.>>  
VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022

                                 TITLE I

                          DEPARTMENT OF DEFENSE

                       Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facilities, 
and real property for the Army as currently authorized by law, including 
personnel in the Army Corps of Engineers and other personal services 
necessary for the purposes of this appropriation, and for construction 
and operation of facilities in support of the functions of the Commander 
in Chief, $1,051,772,000, to remain available until September 30, 2026:  
Provided, That, <<NOTE: Determination. Notification.>>  of this amount, 
not to exceed $190,619,000 shall be available for study, planning, 
design, architect and engineer services, and host nation support, as 
authorized by law, unless the Secretary of the Army determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor:  Provided further, That of the 
amount made available under this heading, $182,080,000 shall be for the 
projects and activities, and in the amounts, specified under the heading 
``Military Construction, Army'' in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act), in addition to amounts otherwise available for such purposes.

[[Page 136 STAT. 529]]

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $2,644,277,000, to remain available until September 30, 
2026:  Provided, That, <<NOTE: Determination. Notification.>>  of this 
amount, not to exceed $453,652,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Secretary of the Navy determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor:  Provided further, That of the amount made 
available under this heading, $476,145,000 shall be for the projects and 
activities, and in the amounts, specified under the heading ``Military 
Construction, Navy and Marine Corps'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act), in addition to amounts otherwise available for such 
purposes.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facilities, 
and real property for the Air Force as currently authorized by law, 
$2,204,750,000, to remain available until September 30, 2026:  Provided, 
That, <<NOTE: Determination. Notification.>>  of this amount, not to 
exceed $287,175,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of the Air Force determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor:  Provided further, That of the amount made available 
under this heading, $291,060,000 shall be for the projects and 
activities, and in the amounts, specified under the heading ``Military 
Construction, Air Force'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act), 
in addition to amounts otherwise available for such purposes.

                   Military Construction, Defense-Wide

                      (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and real 
property for activities and agencies of the Department of Defense (other 
than the military departments), as currently authorized by law, 
$2,206,051,000, to remain available until September 30, 2026:  Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred:  Provided further, 
That, <<NOTE: Determination. Notification.>>  of the amount, not to 
exceed $347,727,000 shall be available for study, planning, design,

[[Page 136 STAT. 530]]

and architect and engineer services, as authorized by law, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor:  Provided further, That of the amount made available 
under this heading, $91,655,000 shall be for the projects and 
activities, and in the amounts, specified under the heading ``Military 
Construction, Defense-Wide'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act), 
in addition to amounts otherwise available for such purposes.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Army 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $337,893,000, to remain available until September 
30, 2026:  Provided, That, <<NOTE: Determination. Notification.>>  of 
the amount, not to exceed $57,725,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Director of the Army National Guard determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor:  Provided further, That of the 
amount made available under this heading, $49,790,000 shall be for the 
projects and activities, and in the amounts, specified under the heading 
``Military Construction, Army National Guard'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), in addition to amounts otherwise available for 
such purposes.

                Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $305,050,000, to remain available until September 
30, 2026:  Provided, That, <<NOTE: Determination. Notification.>>  of 
the amount, not to exceed $23,682,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Director of the Air National Guard determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor:  Provided further, That of the 
amount made available under this heading, $104,280,000 shall be for the 
projects and activities, and in the amounts, specified under the heading 
``Military Construction, Air National Guard'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), in addition to amounts otherwise available for 
such purposes.

                   Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the

[[Page 136 STAT. 531]]

Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $94,111,000, to 
remain available until September 30, 2026:  Provided, 
That, <<NOTE: Determination. Notification.>>  of the amount, not to 
exceed $7,167,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the Chief 
of the Army Reserve determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons therefor:  
Provided further, That of the amount made available under this heading, 
$29,200,000 shall be for the projects and activities, and in the 
amounts, specified under the heading ``Military Construction, Army 
Reserve'' in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act), in addition to 
amounts otherwise available for such purposes.

                   Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $71,804,000, to remain available until September 30, 
2026:  Provided, That, <<NOTE: Determination. Notification.>>  of the 
amount, not to exceed $6,005,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by law, 
unless the Secretary of the Navy determines that additional obligations 
are necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $120,074,000, to 
remain available until September 30, 2026:  Provided, 
That, <<NOTE: Determination. Notification.>>  of the amount, not to 
exceed $5,830,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the Chief 
of the Air Force Reserve determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor:  Provided further, That of the amount made available 
under this heading, $41,700,000 shall be for the projects and 
activities, and in the amounts, specified under the heading ``Military 
Construction, Air Force Reserve'' in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act), in addition to amounts otherwise available for such purposes.

                   North Atlantic Treaty Organization

                       Security Investment Program

    For the United States share of the cost of the North Atlantic Treaty 
Organization Security Investment Program for the acquisition and 
construction of military facilities and installations

[[Page 136 STAT. 532]]

(including international military headquarters) and for related expenses 
for the collective defense of the North Atlantic Treaty Area as 
authorized by section 2806 of title 10, United States Code, and Military 
Construction Authorization Acts, $215,853,000, to remain available until 
expended.

               Department of Defense Base Closure Account

    For deposit into the Department of Defense Base Closure Account, 
established by section 2906(a) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $529,639,000, to remain 
available until expended.

                    Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $99,849,000, to remain available until 
September 30, 2026.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $391,227,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $77,616,000, to remain 
available until September 30, 2026.

     Family Housing Operation and Maintenance, Navy And Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, as 
authorized by law, $357,341,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $115,716,000, to remain available 
until September 30, 2026.

           Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $325,445,000.

[[Page 136 STAT. 533]]

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $49,785,000.

                          Department of Defense

                     Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$6,081,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

                          Department of Defense

             Military Unaccompanied Housing Improvement Fund

    For the Department of Defense Military Unaccompanied Housing 
Improvement Fund, $494,000, to remain available until expended, for 
unaccompanied housing initiatives undertaken pursuant to section 2883 of 
title 10, United States Code, providing alternative means of acquiring 
and improving military unaccompanied housing and supporting facilities.

                        Administrative Provisions

    Sec. 101.  None <<NOTE: Contracts.>>  of the funds made available in 
this title shall be expended for payments under a cost-plus-a-fixed-fee 
contract for construction, where cost estimates exceed $25,000, to be 
performed within the United States, except Alaska, without the specific 
approval in writing of the Secretary of Defense setting forth the 
reasons therefor.

    Sec. 102.  Funds made available in this title for construction shall 
be available for hire of passenger motor vehicles.
    Sec. 103.  Funds <<NOTE: Certification.>>  made available in this 
title for construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to the 
national defense by the Secretary of Defense.

    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  None <<NOTE: Determination.>>  of the funds made 
available in this title shall be used for purchase of land or land 
easements in excess of 100 percent of the value as determined by the 
Army Corps of Engineers or the Naval Facilities Engineering Command, 
except: (1) where there is a determination of value by a Federal court; 
(2) purchases negotiated by the Attorney General or the designee of the 
Attorney General; (3) where the estimated value is less than $25,000; or 
(4) as otherwise determined by the Secretary of Defense to be in the 
public interest.

    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or

[[Page 136 STAT. 534]]

(3) install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  None <<NOTE: Notification.>>  of the funds made available 
in this title for minor construction may be used to transfer or relocate 
any activity from one base or installation to another, without prior 
notification to the Committees on Appropriations of both Houses of 
Congress.

    Sec. 108.  None <<NOTE: Steel.>>  of the funds made available in 
this title may be used for the procurement of steel for any construction 
project or activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such steel 
procurement.

    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None <<NOTE: Notification.>>  of the funds made available 
in this title may be used to initiate a new installation overseas 
without prior notification to the Committees on Appropriations of both 
Houses of Congress.

    Sec. 111.  None <<NOTE: Contracts. Japan.>>  of the funds made 
available in this title may be obligated for architect and engineer 
contracts estimated by the Government to exceed $500,000 for projects to 
be accomplished in Japan, in any North Atlantic Treaty Organization 
member country, or in countries bordering the Arabian Gulf, unless such 
contracts are awarded to United States firms or United States firms in 
joint venture with host nation firms.

    Sec. 112.  None <<NOTE: Kwajalein Atoll. Contracts.>>  of the funds 
made available in this title for military construction in the United 
States territories and possessions in the Pacific and on Kwajalein 
Atoll, or in countries bordering the Arabian Gulf, may be used to award 
any contract estimated by the Government to exceed $1,000,000 to a 
foreign contractor:  Provided, That this section shall not be applicable 
to contract awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent:  
Provided further, That this section shall not apply to contract awards 
for military construction on Kwajalein Atoll for which the lowest 
responsive and responsible bid is submitted by a Marshallese contractor.

    Sec. 113.  The <<NOTE: Notification. Military exercise. Time 
period.>>  Secretary of Defense shall inform the appropriate committees 
of both Houses of Congress, including the Committees on Appropriations, 
of plans and scope of any proposed military exercise involving United 
States personnel 30 days prior to its occurring, if amounts expended for 
construction, either temporary or permanent, are anticipated to exceed 
$100,000.

    Sec. 114.  Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 115.  For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 116.  Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency

[[Page 136 STAT. 535]]

for the construction of military projects may be obligated for a 
military construction project or contract, or for any portion of such a 
project or contract, at any time before the end of the fourth fiscal 
year after the fiscal year for which funds for such project were made 
available, if the funds obligated for such project: (1) are obligated 
from funds available for military construction projects; and (2) do not 
exceed the amount appropriated for such project, plus any amount by 
which the cost of such project is increased pursuant to law.

                      (including transfer of funds)

    Sec. 117.  Subject <<NOTE: Time 
periods. Notifications. Determination.>>  to 30 days prior notification, 
or 14 days for a notification provided in an electronic medium pursuant 
to sections 480 and 2883 of title 10, United States Code, to the 
Committees on Appropriations of both Houses of Congress, such additional 
amounts as may be determined by the Secretary of Defense may be 
transferred to: (1) the Department of Defense Family Housing Improvement 
Fund from amounts appropriated for construction in ``Family Housing'' 
accounts, to be merged with and to be available for the same purposes 
and for the same period of time as amounts appropriated directly to the 
Fund; or (2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of military 
unaccompanied housing in ``Military Construction'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund:  Provided, 
That appropriations made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169 of title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities.

                      (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the 
Department of Defense Base Closure Account to the fund established by 
section 1013(d) of the Demonstration Cities and Metropolitan Development 
Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the 
Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). 
Any amounts transferred shall be merged with and be available for the 
same purposes and for the same time period as the fund to which 
transferred.
    Sec. 119.  Notwithstanding <<NOTE: 10 USC 2821 note.>>  any other 
provision of law, funds made available in this title for operation and 
maintenance of family housing shall be the exclusive source of funds for 
repair and maintenance of all family housing units, including general or 
flag officer quarters:  Provided, That <<NOTE: Time 
periods. Notifications.>>  not more than $35,000 per unit may be spent 
annually for the maintenance and repair of any general or flag officer 
quarters without 30 days prior notification, or 14 days for a 
notification provided in an electronic medium pursuant to sections 480 
and 2883 of title 10, United States Code, to the Committees on 
Appropriations of both Houses of Congress, except that an after-the-fact 
notification shall be submitted if the limitation

[[Page 136 STAT. 536]]

is exceeded solely due to costs associated with environmental 
remediation that could not be reasonably anticipated at the time of the 
budget submission:  Provided further, That <<NOTE: Reports.>>  the Under 
Secretary of Defense (Comptroller) is to report annually to the 
Committees on Appropriations of both Houses of Congress all operation 
and maintenance expenditures for each individual general or flag officer 
quarters for the prior fiscal year.

    Sec. 120.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United States 
Code, are appropriated and shall be available until expended for the 
purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.

                      (including transfer of funds)

    Sec. 121.  During <<NOTE: Time period. Determination.>>  the 5-year 
period after appropriations available in this Act to the Department of 
Defense for military construction and family housing operation and 
maintenance and construction have expired for obligation, upon a 
determination that such appropriations will not be necessary for the 
liquidation of obligations or for making authorized adjustments to such 
appropriations for obligations incurred during the period of 
availability of such appropriations, unobligated balances of such 
appropriations may be transferred into the appropriation ``Foreign 
Currency Fluctuations, Construction, Defense'', to be merged with and to 
be available for the same time period and for the same purposes as the 
appropriation to which transferred.

                      (including transfer of funds)

    Sec. 122.  Amounts appropriated or otherwise made available in an 
account funded under the headings in this title may be transferred among 
projects and activities within the account in accordance with the 
reprogramming guidelines for military construction and family housing 
construction contained in Department of Defense Financial Management 
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect 
on the date of enactment of this Act.
    Sec. 123.  None of the funds made available in this title may be 
obligated or expended for planning and design and construction of 
projects at Arlington National Cemetery.
    Sec. 124.  For an additional amount for the accounts and in the 
amounts specified, to remain available until September 30, 2026:
            ``Military Construction, Army'', $636,100,000;
            ``Military Construction, Navy and Marine Corps'', 
        $1,281,980,000;
            ``Military Construction, Air Force'', $237,450,000;
            ``Military Construction, Defense-Wide'', $93,000,000;
            ``Military Construction, Army National Guard'', $71,000,000;
            ``Military Construction, Air National Guard'', $86,620,000;
            ``Military Construction, Army Reserve'', $29,200,000;
            ``Military Construction, Air Force Reserve'', $44,000,000; 
        and
            ``Family Housing Construction, Army'', $88,064,000:

[[Page 136 STAT. 537]]

  Provided, That such funds may only be obligated to carry out 
construction and cost to complete projects identified in the respective 
military department's unfunded priority list for fiscal year 2022 
submitted to Congress:  Provided further, That such projects are subject 
to authorization prior to obligation and expenditure of funds to carry 
out construction:  Provided further, That <<NOTE: Deadline. Expenditure 
plan.>>  not later than 30 days after enactment of this Act, the 
Secretary of the military department concerned, or his or her designee, 
shall submit to the Committees on Appropriations of both Houses of 
Congress an expenditure plan for funds provided under this section.

    Sec. 125.  All <<NOTE: Allotment. Contracts.>>  amounts appropriated 
to the ``Department of Defense--Military Construction, Army'', 
``Department of Defense--Military Construction, Navy and Marine Corps'', 
``Department of Defense--Military Construction, Air Force'', and 
``Department of Defense--Military Construction, Defense-Wide'' accounts 
pursuant to the authorization of appropriations in a National Defense 
Authorization Act specified for fiscal year 2022 in the funding table in 
section 4601 of that Act shall be immediately available and allotted to 
contract for the full scope of authorized projects.

    Sec. 126.  Notwithstanding section 116 of this Act, funds made 
available in this Act or any available unobligated balances from prior 
appropriations Acts may be obligated before October 1, 2023 for fiscal 
year 2017 military construction projects for which project authorization 
has not lapsed or for which authorization is extended for fiscal year 
2022 by a National Defense Authorization Act:  Provided, That no amounts 
may be obligated pursuant to this section from amounts that were 
designated by the Congress as an emergency requirement pursuant to a 
concurrent resolution on the budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                          (rescission of funds)

    Sec. 127.  Of the unobligated balances available to the Department 
of Defense from prior appropriations Acts under the heading ``Military 
Construction, Defense-Wide'', $131,000,000 is hereby rescinded:  
Provided, That no amounts may be rescinded from amounts that were 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism or as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    Sec. 128.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Committees on Armed Services of the House 
of Representatives and the Senate, the Subcommittee on Military 
Construction and Veterans Affairs of the Committee on Appropriations of 
the Senate, and the Subcommittee on Military Construction and Veterans 
Affairs of the Committee on Appropriations of the House of 
Representatives.
    Sec. 129.  For an additional amount for the accounts and in the 
amounts specified for planning and design, unspecified minor 
construction, and authorized major construction projects, for 
construction improvements to Department of Defense laboratory 
facilities, to remain available until September 30, 2026:
            ``Military Construction, Army'', $85,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $15,000,000; and

[[Page 136 STAT. 538]]

            ``Military Construction, Air Force'', $25,000,000:

  Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than 
30 days after enactment of this Act, the Secretary of the military 
department concerned, or his or her designee, shall submit to the 
Committees on Appropriations of both Houses of Congress an expenditure 
plan for funds provided under this section:  Provided further, 
That <<NOTE: Approval.>>  the Secretary of the military department 
concerned may not obligate or expend any funds prior to approval by the 
Committees on Appropriations of both Houses of Congress of the 
expenditure plan required by this section.

    Sec. 130.  For an additional amount for ``Military Construction, 
Navy and Marine Corps'', $275,000,000, to remain available until 
September 30, 2026, for Shipyard Infrastructure Optimization Plan 
unspecified worldwide construction:  Provided, That such funds may only 
be obligated to carry out construction projects identified in the 
Department of the Navy's unfunded priority list for fiscal year 2022 
submitted to Congress or for planning and design necessary to support 
the Shipyard Infrastructure Optimization Plan:  Provided further, 
That <<NOTE: Deadline. Expenditure plan.>>  not later than 60 days after 
enactment of this Act, the Secretary of the Navy, or his or her 
designee, shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds provided under this 
section.

    Sec. 131.  For an additional amount for ``Military Construction, 
Defense-Wide'', $153,000,000, to remain available until September 30, 
2026:  Provided, That such funds may only be obligated to carry out 
construction projects specified in a National Defense Authorization Act 
for fiscal year 2022 in the funding table in section 4601 of that Act:  
Provided further, That <<NOTE: Deadline. Expenditure plan.>>  not later 
than 30 days after enactment of this Act, the Secretary of Defense, or 
his or her designee, shall submit to the Committees on Appropriations of 
both Houses of Congress an expenditure plan for funds provided under 
this section.

    Sec. 132.  For an additional amount for the accounts and in the 
amounts specified for planning and design and unspecified minor 
construction, for improving military installation resilience, to remain 
available until September 30, 2026:
            ``Military Construction, Army'', $25,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $40,000,000;
            ``Military Construction, Air Force'', $40,000,000; and
            ``Military Construction, Defense-Wide'', $15,000,000:

  Provided, That <<NOTE: Expenditure plan. Deadline.>>  not later than 
60 days after enactment of this Act, the Secretary of the military 
department concerned, or his or her designee, shall submit to the 
Committees on Appropriations of both Houses of Congress an expenditure 
plan for funds provided under this section:  Provided further, 
That <<NOTE: Approval.>>  the Secretary of the military department 
concerned may not obligate or expend any funds prior to approval by the 
Committees on Appropriations of both Houses of Congress of the 
expenditure plan required by this section.

    Sec. 133.  For an additional amount for the accounts and in the 
amounts specified for planning and design, for child development 
centers, to remain available until September 30, 2026:
            ``Military Construction, Army'', $11,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $11,000,000; and
            ``Military Construction, Air Force'', $11,000,000:

[[Page 136 STAT. 539]]

  Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than 
60 days after the date of enactment of this Act, the Secretary of the 
military department concerned, or his or her designee, shall submit to 
the Committees on Appropriations of both Houses of Congress an 
expenditure plan for funds provided under this section.

    Sec. 134.  For an additional amount for the accounts and in the 
amounts specified for expenses incurred as a result of natural 
disasters, to remain available until September 30, 2026:
            ``Military Construction, Navy and Marine Corps'', 
        $20,000,000; and
            ``Military Construction, Air Force'', $130,000,000:

  Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than 
60 days after the date of enactment of this Act, the Secretary of the 
military department concerned, or his or her designee, shall submit to 
the Committees on Appropriations of both Houses of Congress an 
expenditure plan for funds provided under this section.

    Sec. 135.  For an additional amount for the accounts and in the 
amounts specified, to remain available until September 30, 2024:
            ``Military Construction, Army National Guard'', $86,536,000; 
        and
            ``Military Construction, Air National Guard'', $35,371,000:

  Provided, That such funds may only be obligated to carry out 
construction projects identified in the respective military department's 
cost to complete projects list of previously appropriated projects 
submitted to Congress:  Provided further, That such projects are subject 
to authorization prior to obligation and expenditure of funds to carry 
out construction:  Provided further, That <<NOTE: Deadline. Expenditure 
plan.>>  not later than 30 days after the date of enactment of this Act, 
the Secretary of the military department concerned, or his or her 
designee, shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds provided under this 
section.

    Sec. 136.  The <<NOTE: Waiver authority. Notification.>>  Secretary 
concerned may waive the percentage or dollar cost limitations applicable 
to a military construction project or a military family housing project 
with a total authorized cost less than $500,000,000 pursuant to 
subsection (c) of section 2853 of title 10, United States Code, with 
notice to the congressional defense committees, even if that waiver 
would increase the project cost by more than 50 percent of the total 
authorized cost of the project:  Provided, That such authority to waive 
cost limitations may only be used by the Secretary concerned with 
respect to a military construction or military family housing project 
with a total authorized cost greater than $500,000,000 with notice to 
the congressional defense committees, if that waiver would not increase 
the project cost by more than 50 percent of the total authorized cost of 
the project:  Provided further, That the authority provided by this 
section shall remain available until enactment of a National Defense 
Authorization Act for Fiscal Year 2023.

    Sec. 137.  For an additional amount for ``Military Construction, 
Navy and Marine Corps'', $50,000,000, to remain available until 
September 30, 2026, for planning and design of water treatment and 
distribution facilities construction:  Provided, 
That <<NOTE: Deadline. Expenditure plan.>>  not later than 30 days after 
the date of enactment of this Act, the Secretary of the Navy, or his or 
her designee, shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds provided under this 
section:  Provided further, That the Secretary of the Navy may not 
obligate or expend any funds prior

[[Page 136 STAT. 540]]

to approval by the Committees on Appropriations of both Houses of 
Congress of the expenditure plan required by this section.

    Sec. 138.  For an additional amount for the accounts and in the 
amounts specified to address cost increases identified subsequent to the 
fiscal year 2022 budget request for authorized major construction 
projects included in that request, to remain available until September 
30, 2026:
            ``Military Construction, Army'', $4,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $11,000,000;
            ``Military Construction, Air Force'', $25,000,000;
            ``Military Construction, Defense-Wide'', $30,000,000;
            ``Military Construction, Air National Guard'', $11,800,000;
            ``Military Construction, Army Reserve'', $5,800,000;
            ``Military Construction, Air Force Reserve'', $4,400,000; 
        and
            ``Family Housing Construction, Navy and Marine Corps'', 
        $13,000,000:

  Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than 
30 days after the date of enactment of this Act, the Secretary of the 
military department concerned, or his or her designee, shall submit to 
the Committees on Appropriations of both Houses of Congress an 
expenditure plan for funds provided under this section:  Provided 
further, That <<NOTE: Approval.>>  the Secretary of the military 
department concerned may not obligate or expend any funds prior to 
approval by the Committees on Appropriations of both Houses of Congress 
of the expenditure plan required by this section.

    Sec. 139.  For an additional amount for the accounts and in the 
amounts specified to address cost increases for authorized major 
construction projects funded by this Act, to remain available until 
September 30, 2026:
            ``Military Construction, Army'', $20,800,000;
            ``Military Construction, Navy and Marine Corps'', 
        $18,926,000;
            ``Military Construction, Air Force'', $46,574,000;
            ``Military Construction, Defense-Wide'', $11,410,000;
            ``Military Construction, Army National Guard'', $9,961,000;
            ``Military Construction, Air National Guard'', $9,180,000;
            ``Military Construction, Army Reserve'', $7,000,000; and
            ``Military Construction, Air Force Reserve'', $2,000,000:

  Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than 
30 days after the date of enactment of this Act, the Secretary of the 
military department concerned, or his or her designee, shall submit to 
the Committees on Appropriations of both Houses of Congress an 
expenditure plan for funds provided under this section:  Provided 
further, That the Secretary of the military department concerned may not 
obligate or expend any funds prior to approval by the Committees on 
Appropriations of both Houses of Congress of the expenditure plan 
required by this section.

    Sec. 140.  None <<NOTE: Cuba.>>  of the funds made available by this 
Act may be used to carry out the closure or realignment of the United 
States Naval Station, Guantanamo Bay, Cuba.

[[Page 136 STAT. 541]]

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                        compensation and pensions

                      (including transfer of funds)

    For the payment of compensation benefits to or on behalf of veterans 
and a pilot program for disability examinations as authorized by section 
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United 
States Code; pension benefits to or on behalf of veterans as authorized 
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and 
burial benefits, the Reinstated Entitlement Program for Survivors, 
emergency and other officers' retirement pay, adjusted-service credits 
and certificates, payment of premiums due on commercial life insurance 
policies guaranteed under the provisions of title IV of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for 
other benefits as authorized by sections 107, 1312, 1977, and 2106, and 
chapters 23, 51, 53, 55, and 61 of title 38, United States Code, 
$8,955,364,000, which shall be in addition to funds previously 
appropriated under this heading that became available on October 1, 
2021, to remain available until expended; and, in addition, 
$152,016,542,000, which shall become available on October 1, 2022, to 
remain available until expended:  Provided, 
That <<NOTE: Reimbursement.>>  not to exceed $20,115,000 of the amount 
made available for fiscal year 2023 under this heading shall be 
reimbursed to ``General Operating Expenses, Veterans Benefits 
Administration'', and ``Information Technology Systems'' for necessary 
expenses in implementing the provisions of chapters 51, 53, and 55 of 
title 38, United States Code, the funding source for which is 
specifically provided as the ``Compensation and Pensions'' 
appropriation:  Provided further, That <<NOTE: Reimbursement.>>  such 
sums as may be earned on an actual qualifying patient basis, shall be 
reimbursed to ``Medical Care Collections Fund'' to augment the funding 
of individual medical facilities for nursing home care provided to 
pensioners as authorized.

                          readjustment benefits

     For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, 
$8,906,851,000, which shall become available on October 1, 2022, to 
remain available until expended:  Provided, That expenses for 
rehabilitation program services and assistance which the Secretary is 
authorized to provide under subsection (a) of section 3104 of title 38, 
United States Code, other than under paragraphs (1), (2), (5), and (11) 
of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

     For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by chapters

[[Page 136 STAT. 542]]

19 and 21 of title 38, United States Code, $109,865,000, which shall 
become available on October 1, 2022, to remain available until expended.

                  veterans housing benefit program fund

     For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code:  Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, That, during fiscal year 2022, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $229,500,000.

             vocational rehabilitation loans program account

    For the cost of direct loans, $2,838, as authorized by chapter 31 of 
title 38, United States Code:  Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That funds made 
available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$1,662,758.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $429,467, which may be paid to the appropriation 
for ``General Operating Expenses, Veterans Benefits Administration''.

          native american veteran housing loan program account

     For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $1,400,000.

      general operating expenses, veterans benefits administration

     For necessary operating expenses of the Veterans Benefits 
Administration, not otherwise provided for, including hire of passenger 
motor vehicles, reimbursement of the General Services Administration for 
security guard services, and reimbursement of the Department of Defense 
for the cost of overseas employee mail, $3,453,813,000:  Provided, 
That <<NOTE: Determination.>>  expenses for services and assistance 
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) 
of title 38, United States Code, that the Secretary of Veterans Affairs 
determines are necessary to enable entitled veterans: (1) to the maximum 
extent feasible, to become employable and to obtain and maintain 
suitable employment; or (2) to achieve maximum independence in daily 
living, shall be charged to this account:  Provided further, That, of 
the funds made available under this heading, not to exceed 10 percent 
shall remain available until September 30, 2023.

[[Page 136 STAT. 543]]

                     Veterans Health Administration

                            medical services

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 1705(a) 
of title 38, United States Code, including care and treatment in 
facilities not under the jurisdiction of the Department, and including 
medical supplies and equipment, bioengineering services, food services, 
and salaries and expenses of healthcare employees hired under title 38, 
United States Code, assistance and support services for caregivers as 
authorized by section 1720G of title 38, United States Code, loan 
repayments authorized by section 604 of the Caregivers and Veterans 
Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 
38 U.S.C. 7681 note), monthly assistance allowances authorized by 
section 322(d) of title 38, United States Code, grants authorized by 
section 521A of title 38, United States Code, and administrative 
expenses necessary to carry out sections 322(d) and 521A of title 38, 
United States Code, and hospital care and medical services authorized by 
section 1787 of title 38, United States Code; $70,323,116,000, plus 
reimbursements, shall become available on October 1, 2022, and shall 
remain available until September 30, 2023:  Provided, That, of the 
amount made available on October 1, 2022, under this heading, 
$1,500,000,000 shall remain available until September 30, 2024:  
Provided further, That, notwithstanding any other provision of law, the 
Secretary of Veterans Affairs shall establish a priority for the 
provision of medical treatment for veterans who have service-connected 
disabilities, lower income, or have special needs:  Provided further, 
That, notwithstanding any other provision of law, the Secretary of 
Veterans Affairs shall give priority funding for the provision of basic 
medical benefits to veterans in enrollment priority groups 1 through 6:  
Provided further, That, <<NOTE: Drugs and drug abuse.>>  notwithstanding 
any other provision of law, the Secretary of Veterans Affairs may 
authorize the dispensing of prescription drugs from Veterans Health 
Administration facilities to enrolled veterans with privately written 
prescriptions based on requirements established by the Secretary:  
Provided further, That the implementation of the program described in 
the previous proviso shall incur no additional cost to the Department of 
Veterans Affairs:  Provided further, That the Secretary of Veterans 
Affairs shall ensure that sufficient amounts appropriated under this 
heading for medical supplies and equipment are available for the 
acquisition of prosthetics designed specifically for female veterans.

                         medical community care

     For necessary expenses for furnishing health care to individuals 
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $3,269,000,000, which shall be in addition to 
funds previously appropriated under this heading that became available 
on October 1, 2021; and, in addition, $24,156,659,000, plus 
reimbursements, shall become available on October 1, 2022, and shall 
remain available until September 30, 2023:  Provided, That, of the 
amount made available on October 1, 2022, under this heading, 
$2,000,000,000 shall remain available until September 30, 2024.

[[Page 136 STAT. 544]]

                     medical support and compliance

     For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), 
$9,673,409,000, plus reimbursements, shall become available on October 
1, 2022, and shall remain available until September 30, 2023:  Provided, 
That, of the amount made available on October 1, 2022, under this 
heading, $200,000,000 shall remain available until September 30, 2024.

                           medical facilities

     For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, domiciliary facilities, and other necessary 
facilities of the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction, and renovation of 
any facility under the jurisdiction or for the use of the Department; 
for oversight, engineering, and architectural activities not charged to 
project costs; for repairing, altering, improving, or providing 
facilities in the several hospitals and homes under the jurisdiction of 
the Department, not otherwise provided for, either by contract or by the 
hire of temporary employees and purchase of materials; for leases of 
facilities; and for laundry services; $7,133,816,000, plus 
reimbursements, shall become available on October 1, 2022, and shall 
remain available until September 30, 2023:  Provided, That, of the 
amount made available on October 1, 2022, under this heading, 
$350,000,000 shall remain available until September 30, 2024.

                     medical and prosthetic research

     For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of title 
38, United States Code, $882,000,000, plus reimbursements, shall remain 
available until September 30, 2023:  Provided, That the Secretary of 
Veterans Affairs shall ensure that sufficient amounts appropriated under 
this heading are available for prosthetic research specifically for 
female veterans, and for toxic exposure research.

                    National Cemetery Administration

     For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $394,000,000, of which not to exceed 10 percent 
shall remain available until September 30, 2023.

[[Page 136 STAT. 545]]

                       Departmental Administration

                         general administration

                      (including transfer of funds)

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, $401,200,000, of which not to exceed 10 percent 
shall remain available until September 30, 2023:  Provided, That funds 
provided under this heading may be transferred to ``General Operating 
Expenses, Veterans Benefits Administration''.

                        board of veterans appeals

     For necessary operating expenses of the Board of Veterans Appeals, 
$228,000,000, of which not to exceed 10 percent shall remain available 
until September 30, 2023.

                     information technology systems

                      (including transfer of funds)

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said acquisitions, 
including contractual costs associated with operations authorized by 
section 3109 of title 5, United States Code, $4,842,800,000, plus 
reimbursements:  Provided, That $1,414,215,000 shall be for pay and 
associated costs, of which not to exceed 3 percent shall remain 
available until September 30, 2023:  Provided further, That 
$3,131,585,000 shall be for operations and maintenance, of which not to 
exceed 5 percent shall remain available until September 30, 2023:  
Provided further, That $297,000,000 shall be for information technology 
systems development, and shall remain available until September 30, 
2023:  Provided further, That amounts made available for salaries and 
expenses, operations and maintenance, and information technology systems 
development may be transferred among the three subaccounts after the 
Secretary of Veterans Affairs requests from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and an approval is issued:  Provided further, That amounts made 
available for the ``Information Technology Systems'' account for 
development may be transferred among projects or to newly defined 
projects:  Provided further, That <<NOTE: Time period.>>  no project may 
be increased or decreased by more than $3,000,000 of cost prior to 
submitting a request to the Committees on Appropriations of both Houses 
of Congress to make the transfer and an approval is issued, or absent a 
response, a period of 30 days has elapsed:  Provided further, That the 
funds made available under this heading for information technology 
systems development shall

[[Page 136 STAT. 546]]

be for the projects, and in the amounts, specified under this heading in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

                    veterans electronic health record

    For activities related to implementation, preparation, development, 
interface, management, rollout, and maintenance of a Veterans Electronic 
Health Record system, including contractual costs associated with 
operations authorized by section 3109 of title 5, United States Code, 
and salaries and expenses of employees hired under titles 5 and 38, 
United States Code, $2,500,000,000, to remain available until September 
30, 2024:  Provided, That <<NOTE: Reports.>>  the Secretary of Veterans 
Affairs shall submit to the Committees on Appropriations of both Houses 
of Congress quarterly reports detailing obligations, expenditures, and 
deployment implementation by facility, including any changes from the 
deployment plan or schedule:  Provided further, That the funds provided 
in this account shall only be available to the Office of the Deputy 
Secretary, to be administered by that Office:  Provided further, 
That <<NOTE: Effective date. Plans. Deadline.>>  25 percent of the funds 
made available under this heading shall not be available until July 1, 
2022, and are contingent upon the Secretary of Veterans Affairs 
providing a plan with benchmarks and measurable metrics for deployment, 
and a plan for addressing all required infrastructure upgrades, no later 
than 30 days prior to that date to the Committees on Appropriations.

                       office of inspector general

     For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of the 
Inspector General Act of 1978 (5 U.S.C. App.), $239,000,000, of which 
not to exceed 10 percent shall remain available until September 30, 
2023.

                      construction, major projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, or for any of the 
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 
38, United States Code, not otherwise provided for, including planning, 
architectural and engineering services, construction management 
services, maintenance or guarantee period services costs associated with 
equipment guarantees provided under the project, services of claims 
analysts, offsite utility and storm drainage system construction costs, 
and site acquisition, where the estimated cost of a project is more than 
the amount set forth in section 8104(a)(3)(A) of title 38, United States 
Code, or where funds for a project were made available in a previous 
major project appropriation, $1,611,000,000, of which $911,000,000 shall 
remain available until September 30, 2026, and of which $700,000,000 
shall remain available until expended, of which $100,000,000 shall be 
available for seismic improvement projects and seismic program 
management activities, including for projects that would otherwise be 
funded by the Construction, Minor Projects, Medical Facilities or 
National Cemetery Administration accounts:  Provided, 
That <<NOTE: Notification. Approval.>>  except for advance planning 
activities, including

[[Page 136 STAT. 547]]

needs assessments which may or may not lead to capital investments, and 
other capital asset management related activities, including portfolio 
development and management activities, and planning, cost estimating, 
and design for major medical facility projects and major medical 
facility leases and investment strategy studies funded through the 
advance planning fund and the planning and design activities funded 
through the design fund, staffing expenses, and funds provided for the 
purchase, security, and maintenance of land for the National Cemetery 
Administration through the land acquisition line item, none of the funds 
made available under this heading shall be used for any project that has 
not been notified to Congress through the budgetary process or that has 
not been approved by the Congress through statute, joint resolution, or 
in the explanatory statement accompanying such Act and presented to the 
President at the time of enrollment:  Provided further, 
That <<NOTE: Reimbursement.>>  such sums as may be necessary shall be 
available to reimburse the ``General Administration'' account for 
payment of salaries and expenses of all Office of Construction and 
Facilities Management employees to support the full range of capital 
infrastructure services provided, including minor construction and 
leasing services:  Provided further, That funds made available under 
this heading for fiscal year 2022, for each approved project shall be 
obligated: (1) by the awarding of a construction documents contract by 
September 30, 2022; and (2) by the awarding of a construction contract 
by September 30, 2023:  Provided further, That the 
Secretary <<NOTE: Reports.>>  of Veterans Affairs shall promptly submit 
to the Committees on Appropriations of both Houses of Congress a written 
report on any approved major construction project for which obligations 
are not incurred within the time limitations established above:  
Provided further, That notwithstanding the requirements of section 
8104(a) of title 38, United States Code, amounts made available under 
this heading for seismic improvement projects and seismic program 
management activities shall be available for the completion of both new 
and existing seismic projects of the Department.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm drainage 
system construction costs, and site acquisition, or for any of the 
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 
38, United States Code, not otherwise provided for, where the estimated 
cost of a project is equal to or less than the amount set forth in 
section 8104(a)(3)(A) of title 38, United States Code, $553,000,000, of 
which $497,700,000 shall remain available until September 30, 2026, and 
of which $55,300,000 shall remain available until expended, along with 
unobligated balances of previous ``Construction, Minor Projects'' 
appropriations which are hereby made available for any project where the 
estimated cost is equal to or less than the amount set forth in such 
section:  Provided, That funds made available

[[Page 136 STAT. 548]]

under this heading shall be for: (1) repairs to any of the nonmedical 
facilities under the jurisdiction or for the use of the Department which 
are necessary because of loss or damage caused by any natural disaster 
or catastrophe; and (2) temporary measures necessary to prevent or to 
minimize further loss by such causes.

        grants for construction of state extended care facilities

     For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131 
through 8137 of title 38, United States Code, $50,000,000, to remain 
available until expended.

             grants for construction of veterans cemeteries

     For grants to assist States and tribal organizations in 
establishing, expanding, or improving veterans cemeteries as authorized 
by section 2408 of title 38, United States Code, $48,500,000, to remain 
available until expended.

                     asset and infrastructure review

     For carrying out the VA Asset and Infrastructure Review Act of 2018 
(subtitle A of title II of Public Law 115-182), $5,000,000, to remain 
available until September 30, 2023.

                        Administrative Provisions

                      (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2022 for ``Compensation 
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and 
Indemnities'' may be transferred as necessary to any other of the 
mentioned appropriations:  Provided, That, <<NOTE: Time period.>>  
before a transfer may take place, the Secretary of Veterans Affairs 
shall request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and such Committees issue an 
approval, or absent a response, a period of 30 days has elapsed.

                      (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2022, in this or any other Act, under the 
``Medical Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'' accounts may be transferred 
among the accounts:  Provided, That <<NOTE: Notification.>>  any 
transfers among the ``Medical Services'', ``Medical Community Care'', 
and ``Medical Support and Compliance'' accounts of 1 percent or less of 
the total amount appropriated to the account in this or any other Act 
may take place subject to notification from the Secretary of Veterans 
Affairs to the Committees on Appropriations of both Houses of Congress 
of the amount and purpose of the transfer:  Provided further, That any 
transfers among the ``Medical Services'', ``Medical Community Care'', 
and ``Medical Support and Compliance'' accounts in excess of 1 percent, 
or exceeding the cumulative 1

[[Page 136 STAT. 549]]

percent for the fiscal year, may take place only after the Secretary 
requests from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and an approval is issued:  
Provided further, That any transfers to or from the ``Medical 
Facilities'' account may take place only after the Secretary requests 
from the Committees on Appropriations of both Houses of Congress the 
authority to make the transfer and an approval is issued.

    Sec. 203.  Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code; hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, Major Projects'', and ``Construction, 
Minor Projects'') shall be available for the purchase of any site for or 
toward the construction of any new hospital or home.
    Sec. 205.  No <<NOTE: Reimbursement.>>  appropriations in this title 
shall be available for hospitalization or examination of any persons 
(except beneficiaries entitled to such hospitalization or examination 
under the laws providing such benefits to veterans, and persons 
receiving such treatment under sections 7901 through 7904 of title 5, 
United States Code, or the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 
of the cost of such hospitalization or examination is made to the 
``Medical Services'' account at such rates as may be fixed by the 
Secretary of Veterans Affairs.

    Sec. 206.  Appropriations <<NOTE: Time period.>>  available in this 
title for ``Compensation and Pensions'', ``Readjustment Benefits'', and 
``Veterans Insurance and Indemnities'' shall be available for payment of 
prior year accrued obligations required to be recorded by law against 
the corresponding prior year accounts within the last quarter of fiscal 
year 2021.

    Sec. 207.  Appropriations available in this title shall be available 
to pay prior year obligations of corresponding prior year appropriations 
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, 
United States Code, except that if such obligations are from trust fund 
accounts they shall be payable only from ``Compensation and Pensions''.

                      (including transfer of funds)

    Sec. 208.  Notwithstanding <<NOTE: Reimbursement.>>  any other 
provision of law, during fiscal year 2022, the Secretary of Veterans 
Affairs shall, from the National Service Life Insurance Fund under 
section 1920 of title 38, United States Code, the Veterans' Special Life 
Insurance Fund under section 1923 of title 38, United States Code, and 
the United States Government Life Insurance Fund under section 1955 of 
title 38, United States Code, reimburse the ``General Operating 
Expenses, Veterans Benefits Administration'' and ``Information 
Technology Systems'' accounts for the cost of administration of the 
insurance programs financed through those accounts:  Provided, That 
reimbursement shall be made only from the surplus earnings accumulated 
in such an insurance program during fiscal year 2022 that are available 
for dividends in that program after claims have been paid and 
actuarially determined reserves have been set aside:

[[Page 136 STAT. 550]]

 Provided further, That if the cost of administration of such an 
insurance program exceeds the amount of surplus earnings accumulated in 
that program, reimbursement shall be made only to the extent of such 
surplus earnings:  Provided further, That <<NOTE: Determination.>>  the 
Secretary shall determine the cost of administration for fiscal year 
2022 which is properly allocable to the provision of each such insurance 
program and to the provision of any total disability income insurance 
included in that insurance program.

    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services shall be 
available until expended.

                      (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management, Diversity and Inclusion, the Office of 
Employment Discrimination Complaint Adjudication, and the Alternative 
Dispute Resolution function within the Office of Human Resources and 
Administration for all services provided at rates which will recover 
actual costs but not to exceed $78,417,225 for the Office of Resolution 
Management, Diversity and Inclusion, $6,609,000 for the Office of 
Employment Discrimination Complaint Adjudication, and $3,822,000 for the 
Alternative Dispute Resolution function within the Office of Human 
Resources and Administration:  Provided, That payments may be made in 
advance for services to be furnished based on estimated costs:  Provided 
further, That amounts received shall be credited to the ``General 
Administration'' and ``Information Technology Systems'' accounts for use 
by the office that provided the service.
    Sec. 211.  No <<NOTE: Disclosure. Reimbursement.>>  funds of the 
Department of Veterans Affairs shall be available for hospital care, 
nursing home care, or medical services provided to any person under 
chapter 17 of title 38, United States Code, for a non-service-connected 
disability described in section 1729(a)(2) of such title, unless that 
person has disclosed to the Secretary of Veterans Affairs, in such form 
as the Secretary may require, current, accurate third-party 
reimbursement information for purposes of section 1729 of such title:  
Provided, That the Secretary may recover, in the same manner as any 
other debt due the United States, the reasonable charges for such care 
or services from any person who does not make such disclosure as 
required:  Provided further, That any amounts so recovered for care or 
services provided in a prior fiscal year may be obligated by the 
Secretary during the fiscal year in which amounts are received.

                      (including transfer of funds)

    Sec. 212.  Notwithstanding any other provision of law, proceeds or 
revenues derived from enhanced-use leasing activities (including 
disposal) may be deposited into the ``Construction, Major Projects'' and 
``Construction, Minor Projects'' accounts and be used for construction 
(including site acquisition and disposition), alterations, and 
improvements of any medical facility under the jurisdiction or for the 
use of the Department of Veterans Affairs. Such sums as realized are in 
addition to the amount provided for in ``Construction, Major Projects'' 
and ``Construction, Minor Projects''.

[[Page 136 STAT. 551]]

    Sec. 213.  Amounts made available under ``Medical Services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the Department.

                      (including transfer of funds)

    Sec. 214.  Such sums as may be deposited into the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, may be transferred to the ``Medical Services'' and ``Medical 
Community Care'' accounts to remain available until expended for the 
purposes of these accounts.
    Sec. 215.  The Secretary of Veterans Affairs may enter into 
agreements with Federally Qualified Health Centers in the State of 
Alaska and Indian tribes and tribal organizations which are party to the 
Alaska Native Health Compact with the Indian Health Service, to provide 
healthcare, including behavioral health and dental care, to veterans in 
rural Alaska. <<NOTE: Requirement. Compliance.>>  The Secretary shall 
require participating veterans and facilities to comply with all 
appropriate rules and regulations, as established by the 
Secretary. <<NOTE: Definition.>>  The term ``rural Alaska'' shall mean 
those lands which are not within the boundaries of the municipality of 
Anchorage or the Fairbanks North Star Borough.

                      (including transfer of funds)

    Sec. 216.  Such sums as may be deposited into the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, Major 
Projects'' and ``Construction, Minor Projects'' accounts, to remain 
available until expended for the purposes of these accounts.
    Sec. 217.  Not <<NOTE: Reports.>>  later than 30 days after the end 
of each fiscal quarter, the Secretary of Veterans Affairs shall submit 
to the Committees on Appropriations of both Houses of Congress a report 
on the financial status of the Department of Veterans Affairs for the 
preceding quarter:  Provided, That, at a minimum, the report shall 
include the direction contained in the paragraph entitled ``Quarterly 
reporting'', under the heading ``General Administration'' in the joint 
explanatory statement accompanying Public Law 114-223.

                      (including transfer of funds)

    Sec. 218.  Amounts made available under the ``Medical Services'', 
``Medical Community Care'', ``Medical Support and Compliance'', 
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits 
Administration'', ``Board of Veterans Appeals'', ``General 
Administration'', and ``National Cemetery Administration'' accounts for 
fiscal year 2022 may be transferred to or from the ``Information 
Technology Systems'' account:  Provided, That such transfers may not 
result in a more than 10 percent aggregate increase in the total amount 
made available by this Act for the ``Information Technology Systems'' 
account:  Provided further, That, before a transfer may take place, the 
Secretary of Veterans Affairs shall request

[[Page 136 STAT. 552]]

from the Committees on Appropriations of both Houses of Congress the 
authority to make the transfer and an approval is issued.

                      (including transfer of funds)

    Sec. 219.  Of the amounts appropriated to the Department of Veterans 
Affairs for fiscal year 2022 for ``Medical Services'', ``Medical 
Community Care'', ``Medical Support and Compliance'', ``Medical 
Facilities'', ``Construction, Minor Projects'', and ``Information 
Technology Systems'', up to $379,009,000, plus reimbursements, may be 
transferred to the Joint Department of Defense--Department of Veterans 
Affairs Medical Facility Demonstration Fund, established by section 1704 
of the National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111-84; 123 Stat. 3571) and may be used for operation of the 
facilities designated as combined Federal medical facilities as 
described by section 706 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4500):  Provided, That <<NOTE: Notification.>>  additional funds may be 
transferred from accounts designated in this section to the Joint 
Department of Defense--Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Veterans Affairs to the Committees on Appropriations of both Houses of 
Congress:  Provided further, That section 220 of title II of division J 
of Public Law <<NOTE: Repeal. 134 Stat. 1676.>>  116-260 is repealed.

                      (including transfer of funds)

    Sec. 220.  Of <<NOTE: Effective date.>>  the amounts appropriated to 
the Department of Veterans Affairs which become available on October 1, 
2022, for ``Medical Services'', ``Medical Community Care'', ``Medical 
Support and Compliance'', and ``Medical Facilities'', up to 
$323,242,000, plus reimbursements, may be transferred to the Joint 
Department of Defense--Department of Veterans Affairs Medical Facility 
Demonstration Fund, established by section 1704 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
3571) and may be used for operation of the facilities designated as 
combined Federal medical facilities as described by section 706 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4500):  Provided, 
That <<NOTE: Notification.>>  additional funds may be transferred from 
accounts designated in this section to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Veterans Affairs to the 
Committees on Appropriations of both Houses of Congress.

                      (including transfer of funds)

    Sec. 221.  Such sums as may be deposited into the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, for healthcare provided at facilities designated as combined 
Federal medical facilities as described by section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer 
to the Joint Department of Defense--Department of Veterans Affairs 
Medical Facility Demonstration Fund, established by section 1704 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123

[[Page 136 STAT. 553]]

Stat. 3571); and (2) for operations of the facilities designated as 
combined Federal medical facilities as described by section 706 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4500):  Provided, That, notwithstanding 
section 1704(b)(3) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts transferred to 
the Joint Department of Defense--Department of Veterans Affairs Medical 
Facility Demonstration Fund shall remain available until expended.

                      (including transfer of funds)

    Sec. 222.  Of the amounts available in this title for ``Medical 
Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall 
be transferred to the DOD-VA Health Care Sharing Incentive Fund, as 
authorized by section 8111(d) of title 38, United States Code, to remain 
available until expended, for any purpose authorized by section 8111 of 
title 38, United States Code.
    Sec. 223.  None of the funds available to the Department of Veterans 
Affairs, in this or any other Act, may be used to replace the current 
system by which the Veterans Integrated Service Networks select and 
contract for diabetes monitoring supplies and equipment.
    Sec. 224.  The <<NOTE: Notifications. Deadlines.>>  Secretary of 
Veterans Affairs shall notify the Committees on Appropriations of both 
Houses of Congress of all bid savings in a major construction project 
that total at least $5,000,000, or 5 percent of the programmed amount of 
the project, whichever is less:  Provided, That such notification shall 
occur within 14 days of a contract identifying the programmed amount:  
Provided further, That the Secretary shall notify the Committees on 
Appropriations of both Houses of Congress 14 days prior to the 
obligation of such bid savings and shall describe the anticipated use of 
such savings.

    Sec. 225.  None <<NOTE: Approval.>>  of the funds made available for 
``Construction, Major Projects'' may be used for a project in excess of 
the scope specified for that project in the original justification data 
provided to the Congress as part of the request for appropriations 
unless the Secretary of Veterans Affairs receives approval from the 
Committees on Appropriations of both Houses of Congress.

    Sec. 226.  Not <<NOTE: Deadline. Reports. Data.>>  later than 30 
days after the end of each fiscal quarter, the Secretary of Veterans 
Affairs shall submit to the Committees on Appropriations of both Houses 
of Congress a quarterly report containing performance measures and data 
from each Veterans Benefits Administration Regional Office:  Provided, 
That, at a minimum, the report shall include the direction contained in 
the section entitled ``Disability claims backlog'', under the heading 
``General Operating Expenses, Veterans Benefits Administration'' in the 
joint explanatory statement accompanying Public Law 114-223:  Provided 
further, That <<NOTE: Time period.>>  the report shall also include 
information on the number of appeals pending at the Veterans Benefits 
Administration as well as the Board of Veterans Appeals on a quarterly 
basis.

    Sec. 227.  The <<NOTE: Notification. Deadline.>>  Secretary of 
Veterans Affairs shall provide written notification to the Committees on 
Appropriations of both Houses of Congress 15 days prior to 
organizational changes which result in the transfer of 25 or more full-
time equivalents from one

[[Page 136 STAT. 554]]

organizational unit of the Department of Veterans Affairs to another.

    Sec. 228.  The <<NOTE: Time period. Notification.>>  Secretary of 
Veterans Affairs shall provide on a quarterly basis to the Committees on 
Appropriations of both Houses of Congress notification of any single 
national outreach and awareness marketing campaign in which obligations 
exceed $1,000,000.

                      (including transfer of funds)

    Sec. 229.  The <<NOTE: Determinations.>>  Secretary of Veterans 
Affairs, upon determination that such action is necessary to address 
needs of the Veterans Health Administration, may transfer to the 
``Medical Services'' account any discretionary appropriations made 
available for fiscal year 2022 in this title (except appropriations made 
to the ``General Operating Expenses, Veterans Benefits Administration'' 
account) or any discretionary unobligated balances within the Department 
of Veterans Affairs, including those appropriated for fiscal year 2022, 
that were provided in advance by appropriations Acts:  Provided, 
That <<NOTE: Approval.>>  transfers shall be made only with the approval 
of the Office of Management and Budget:  Provided further, That the 
transfer authority provided in this section is in addition to any other 
transfer authority provided by law:  Provided further, That no amounts 
may be transferred from amounts that were designated by Congress as an 
emergency requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 1985:  
Provided further, That such authority to transfer may not be used unless 
for higher priority items, based on emergent healthcare requirements, 
than those for which originally appropriated and in no case where the 
item for which funds are requested has been denied by Congress:  
Provided further, That, upon determination that all or part of the funds 
transferred from an appropriation are not necessary, such amounts may be 
transferred back to that appropriation and shall be available for the 
same purposes as originally appropriated:  Provided further, That before 
a transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses of Congress 
the authority to make the transfer and receive approval of that request.

                      (including transfer of funds)

    Sec. 230.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2022, under the ``Board of Veterans Appeals'' 
and the ``General Operating Expenses, Veterans Benefits Administration'' 
accounts may be transferred between such accounts:  Provided, That 
before a transfer may take place, the Secretary of Veterans Affairs 
shall request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and receive approval of that 
request.
    Sec. 231.  The Secretary of Veterans Affairs may not reprogram funds 
among major construction projects or programs if such instance of 
reprogramming will exceed $7,000,000, unless such reprogramming is 
approved by the Committees on Appropriations of both Houses of Congress.
    Sec. 232. (a) <<NOTE: Suicide hotline.>>  The Secretary of Veterans 
Affairs shall ensure that the toll-free suicide hotline under section 
1720F(h) of title 38, United States Code--

[[Page 136 STAT. 555]]

            (1) provides to individuals who contact the hotline 
        immediate assistance from a trained professional; and
            (2) adheres to all requirements of the American Association 
        of Suicidology.

    (b)(1) None of the funds made available by this Act may be used to 
enforce or otherwise carry out any Executive action that prohibits the 
Secretary of Veterans Affairs from appointing an individual to occupy a 
vacant civil service position, or establishing a new civil service 
position, at the Department of Veterans Affairs with respect to such a 
position relating to the hotline specified in subsection (a).
    (2) <<NOTE: Definitions.>>  In this subsection--
            (A) the term ``civil service'' has the meaning given such 
        term in section 2101(1) of title 5, United States Code; and
            (B) the term ``Executive action'' includes--
                    (i) any Executive order, Presidential memorandum, or 
                other action by the President; and
                    (ii) any agency policy, order, or other directive.

    (c)(1) <<NOTE: Study. Time period. Analysis. Data.>>  The Secretary 
of Veterans Affairs shall conduct a study on the effectiveness of the 
hotline specified in subsection (a) during the 5-year period beginning 
on January 1, 2016, based on an analysis of national suicide data and 
data collected from such hotline.

    (2) <<NOTE: Determinations.>>  At a minimum, the study required by 
paragraph (1) shall--
            (A) determine the number of veterans who contact the hotline 
        specified in subsection (a) and who receive follow up services 
        from the hotline or mental health services from the Department 
        of Veterans Affairs thereafter;
            (B) determine the number of veterans who contact the hotline 
        who are not referred to, or do not continue receiving, mental 
        health care who commit suicide; and
            (C) determine the number of veterans described in 
        subparagraph (A) who commit or attempt suicide.

    Sec. 233.  Effective <<NOTE: Effective date. Time period.>>  during 
the period beginning on October 1, 2018, and ending on January 1, 2024, 
none of the funds made available to the Secretary of Veterans Affairs by 
this or any other Act may be obligated or expended in contravention of 
the ``Veterans Health Administration Clinical Preventive Services 
Guidance Statement on the Veterans Health Administration's Screening for 
Breast Cancer Guidance'' published on May 10, 2017, as issued by the 
Veterans Health Administration National Center for Health Promotion and 
Disease Prevention.

    Sec. 234. (a) Notwithstanding any other provision of law, the 
amounts appropriated or otherwise made available to the Department of 
Veterans Affairs for the ``Medical Services'' account may be used to 
provide--
            (1) fertility counseling and treatment using assisted 
        reproductive technology to a covered veteran or the spouse of a 
        covered veteran; or
            (2) <<NOTE: Reimbursement.>>  adoption reimbursement to a 
        covered veteran.

    (b) <<NOTE: Definitions.>>  In this section:
            (1) The term ``service-connected'' has the meaning given 
        such term in section 101 of title 38, United States Code.
            (2) The term ``covered veteran'' means a veteran, as such 
        term is defined in section 101 of title 38, United States Code, 
        who has a service-connected disability that results in the 
        inability of the veteran to procreate without the use of 
        fertility treatment.

[[Page 136 STAT. 556]]

            (3) The term ``assisted reproductive technology'' means 
        benefits relating to reproductive assistance provided to a 
        member of the Armed Forces who incurs a serious injury or 
        illness on active duty pursuant to section 1074(c)(4)(A) of 
        title 10, United States Code, as described in the memorandum on 
        the subject of ``Policy for Assisted Reproductive Services for 
        the Benefit of Seriously or Severely Ill/Injured (Category II or 
        III) Active Duty Service Members'' issued by the Assistant 
        Secretary of Defense for Health Affairs on April 3, 2012, and 
        the guidance issued to implement such policy, including any 
        limitations on the amount of such benefits available to such a 
        member except that--
                    (A) the time periods regarding embryo 
                cryopreservation and storage set forth in part III(G) 
                and in part IV(H) of such memorandum shall not apply; 
                and
                    (B) such term includes embryo cryopreservation and 
                storage without limitation on the duration of such 
                cryopreservation and storage.
            (4) The term ``adoption reimbursement'' means reimbursement 
        for the adoption-related expenses for an adoption that is 
        finalized after the date of the enactment of this Act under the 
        same terms as apply under the adoption reimbursement program of 
        the Department of Defense, as authorized in Department of 
        Defense Instruction 1341.09, including the reimbursement limits 
        and requirements set forth in such instruction.

    (c) Amounts made available for the purposes specified in subsection 
(a) of this section are subject to the requirements for funds contained 
in section 508 of division H of the Consolidated Appropriations Act, 
2018 (Public Law 115-141).
    Sec. 235.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with: (1) section 
842 of the Transportation, Treasury, Housing and Urban Development, the 
Judiciary, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) 
section 8110(a)(5) of title 38, United States Code.
    Sec. 236.  Section 842 <<NOTE: Contracts.>>  of Public Law 109-115 
shall not apply to conversion of an activity or function of the Veterans 
Health Administration, Veterans Benefits Administration, or National 
Cemetery Administration to contractor performance by a business concern 
that is at least 51 percent owned by one or more Indian tribes as 
defined in section 5304(e) of title 25, United States Code, or one or 
more Native Hawaiian Organizations as defined in section 637(a)(15) of 
title 15, United States Code.

    Sec. 237. (a) <<NOTE: Consultation. Deadlines. 38 USC 5701 note 
prec.>>  Except as provided in subsection (b), the Secretary of Veterans 
Affairs, in consultation with the Secretary of Defense and the Secretary 
of Labor, shall discontinue using Social Security account numbers to 
identify individuals in all information systems of the Department of 
Veterans Affairs as follows:
            (1) For all veterans submitting to the Secretary of Veterans 
        Affairs new claims for benefits under laws administered by the 
        Secretary, not later than March 23, 2023.
            (2) For all individuals not described in paragraph (1), not 
        later than March 23, 2026.

    (b) The Secretary of Veterans Affairs may use a Social Security 
account number to identify an individual in an information system

[[Page 136 STAT. 557]]

of the Department of Veterans Affairs if and only if the use of such 
number is required to obtain information the Secretary requires from an 
information system that is not under the jurisdiction of the Secretary.
    (c) The matter in subsections (a) and (b) shall supersede section 
238 of Public Law 116-94.
    Sec. 238.  For <<NOTE: Applicability.>>  funds provided to the 
Department of Veterans Affairs for each of fiscal year 2022 and 2023 for 
``Medical Services'', section 239 of division A of Public Law 114-223 
shall apply.

    Sec. 239.  None of the funds appropriated in this or prior 
appropriations Acts or otherwise made available to the Department of 
Veterans Affairs may be used to transfer any amounts from the Filipino 
Veterans Equity Compensation Fund to any other account within the 
Department of Veterans Affairs.
    Sec. 240.  Of <<NOTE: Time periods.>>  the funds provided to the 
Department of Veterans Affairs for each of fiscal year 2022 and fiscal 
year 2023 for ``Medical Services'', funds may be used in each year to 
carry out and expand the child care program authorized by section 205 of 
Public Law 111-163, notwithstanding subsection (e) of such section.

    Sec. 241.  None <<NOTE: Contracts.>>  of the funds appropriated or 
otherwise made available in this title may be used by the Secretary of 
Veterans Affairs to enter into an agreement related to resolving a 
dispute or claim with an individual that would restrict in any way the 
individual from speaking to members of Congress or their staff on any 
topic not otherwise prohibited from disclosure by Federal law or 
required by Executive order to be kept secret in the interest of 
national defense or the conduct of foreign affairs.

    Sec. 242.  For <<NOTE: Time periods. Applicability.>>  funds 
provided to the Department of Veterans Affairs for each of fiscal year 
2022 and 2023, section 258 of division A of Public Law 114-223 shall 
apply.

    Sec. 243. (a) <<NOTE: Records. Compliance.>>  None of the funds 
appropriated or otherwise made available by this Act may be used to deny 
an Inspector General funded under this Act timely access to any records, 
documents, or other materials available to the department or agency over 
which that Inspector General has responsibilities under the Inspector 
General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access 
of the Inspector General to such records, documents, or other materials, 
under any provision of law, except a provision of law that expressly 
refers to such Inspector General and expressly limits the right of 
access.

    (b) A department or agency covered by this section shall provide its 
Inspector General access to all records, documents, and other materials 
in a timely manner.
    (c) Each Inspector General shall ensure compliance with statutory 
limitations on disclosure relevant to the information provided by the 
establishment over which that Inspector General has responsibilities 
under the Inspector General Act of 1978 (5 U.S.C. App.).
    (d) <<NOTE: Reports.>>  Each Inspector General covered by this 
section shall report to the Committee on Appropriations of the Senate 
and the Committee on Appropriations of the House of Representatives 
within 5 calendar days of any failure by any department or agency 
covered by this section to comply with this requirement.

    Sec. 244.  None of the funds made available in this Act may be used 
in a manner that would increase wait times for veterans who seek care at 
medical facilities of the Department of Veterans Affairs.

[[Page 136 STAT. 558]]

    Sec. 245.  None of the funds appropriated or otherwise made 
available by this Act to the Veterans Health Administration may be used 
in fiscal year 2022 to convert any program which received specific 
purpose funds in fiscal year 2021 to a general purpose funded program 
unless the Secretary of Veterans Affairs submits written notification of 
any such proposal to the Committees on Appropriations of both Houses of 
Congress at least 30 days prior to any such action and an approval is 
issued by the Committees.
    Sec. 246.  For <<NOTE: Time periods. Applicability.>>  funds 
provided to the Department of Veterans Affairs for each of fiscal year 
2022 and 2023, section 248 of division A of Public Law 114-223 shall 
apply.

    Sec. 247. (a) <<NOTE: Effective date. 38 USC 303 note.>>  None of 
the funds appropriated or otherwise made available by this Act may be 
used to conduct research commencing on or after October 1, 2019, that 
uses any canine, feline, or non-human primate unless the Secretary of 
Veterans Affairs approves such research specifically and in writing 
pursuant to subsection (b).

    (b)(1) <<NOTE: Effective date. Research and 
development. Animals. Determination.>>  The Secretary of Veterans 
Affairs may approve the conduct of research commencing on or after 
October 1, 2019, using canines, felines, or non-human primates if the 
Secretary determines that--
            (A) the scientific objectives of the research can only be 
        met by using such canines, felines, or non-human primates;
            (B) such scientific objectives are directly related to an 
        illness or injury that is combat-related; and
            (C) the research is consistent with the revised Department 
        of Veterans Affairs canine research policy document dated 
        December 15, 2017, including any subsequent revisions to such 
        document.

    (2) The Secretary may not delegate the authority under this 
subsection.
    (c) <<NOTE: Reports.>>  If the Secretary approves any new research 
pursuant to subsection (b), not later than 30 days before the 
commencement of such research, the Secretary shall submit to the 
Committees on Appropriations of the Senate and House of Representatives 
a report describing--
            (1) the nature of the research to be conducted using 
        canines, felines, or non-human primates;
            (2) the date on which the Secretary approved the research;
            (3) the justification for the determination of the Secretary 
        that the scientific objectives of such research could only be 
        met using canines, felines, or non-human primates;
            (4) the frequency and duration of such research; and
            (5) the protocols in place to ensure the necessity, safety, 
        and efficacy of the research.

    (d) <<NOTE: Deadline. Reports.>>  Not later than 180 days after the 
date of the enactment of this Act, and biannually thereafter, the 
Secretary shall submit to such Committees a report describing--
            (1) any research being conducted by the Department of 
        Veterans Affairs using canines, felines, or non-human primates 
        as of the date of the submittal of the report;
            (2) the circumstances under which such research was 
        conducted using canines, felines, or non-human primates;
            (3) the justification for using canines, felines, or non-
        human primates to conduct such research; and
            (4) the protocols in place to ensure the necessity, safety, 
        and efficacy of such research.

[[Page 136 STAT. 559]]

    (e) <<NOTE: Plan. Deadline.>>  The Department shall implement a plan 
under which the Secretary will eliminate or reduce the research 
conducted using canines, felines, or non-human primates by not later 
than 5 years after the date of enactment of Public Law 116-94.

    Sec. 248. (a) The Secretary of Veterans Affairs may use amounts 
appropriated or otherwise made available in this title to ensure that 
the ratio of veterans to full-time employment equivalents within any 
program of rehabilitation conducted under chapter 31 of title 38, United 
States Code, does not exceed 125 veterans to one full-time employment 
equivalent.
    (b) <<NOTE: Reports.>>  Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to Congress a 
report on the programs of rehabilitation conducted under chapter 31 of 
title 38, United States Code, including--
            (1) <<NOTE: Assessment.>>  an assessment of the veteran-to-
        staff ratio for each such program; and
            (2) <<NOTE: Recommenda- tions.>>  recommendations for such 
        action as the Secretary considers necessary to reduce the 
        veteran-to-staff ratio for each such program.

    Sec. 249.  Amounts made available for the ``Veterans Health 
Administration, Medical Community Care'' account in this or any other 
Act for fiscal years 2022 and 2023 may be used for expenses that would 
otherwise be payable from the Veterans Choice Fund established by 
section 802 of the Veterans Access, Choice, and Accountability Act, as 
amended (38 U.S.C. 1701 note).
    Sec. 250.  Obligations and expenditures applicable to the ``Medical 
Services'' account in fiscal years 2017 through 2019 for aid to state 
homes (as authorized by section 1741 of title 38, United States Code) 
shall remain in the ``Medical Community Care'' account for such fiscal 
years.
    Sec. 251.  Of the amounts made available for the Department of 
Veterans Affairs for fiscal year 2022, in this or any other Act, under 
the ``Veterans Health Administration--Medical Services'', ``Veterans 
Health Administration--Medical Community Care'', ``Veterans Health 
Administration--Medical Support and Compliance'', and ``Veterans Health 
Administration--Medical Facilities'' accounts, $840,446,000 shall be 
made available for gender-specific care and programmatic efforts to 
deliver care for women veterans.

                      (including transfer of funds)

    Sec. 252.  Amounts made available for the Department of Veterans 
Affairs for ``Medical Facilities'' and ``General Administration'' in 
this Act or prior Acts that remain available for obligation in fiscal 
year 2022 may be transferred as necessary to the ``Asset and 
Infrastructure Review'' account for the purposes of carrying out the VA 
Asset and Infrastructure Review Act of 2018 (subtitle A of title II of 
Public Law 115-182):  Provided, That the total amounts transferred may 
not increase the account by more than $2,000,000:  Provided further, 
That <<NOTE: Time period.>>  in advance of any such transfer, the 
Secretary of Veterans Affairs shall request from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and such Committees issue an approval, or absent a response, a 
period of 30 days has elapsed.

[[Page 136 STAT. 560]]

                          (rescission of funds)

    Sec. 253. (a) Of the unobligated balances in the ``Recurring 
Expenses Transformational Fund'' established in section 243 of division 
J of Public Law 114-113, $820,000,000 is hereby rescinded immediately 
upon enactment of this Act.
    (b) For an additional amount for the accounts and in the amounts 
specified, to remain available until expended, in addition to such other 
funds as may be available for such purposes, as follows:
            (1) ``Departmental Administration--Information Technology 
        Systems'', $670,000,000, for information technology systems 
        improvements and sustainment; and
            (2) ``Veterans Health Administration--Medical Facilities'', 
        $150,000,000, for facilities infrastructure improvements, 
        including non-recurring maintenance, at existing hospitals and 
        clinics of the Veterans Health Administration:

  Provided, That <<NOTE: Plan. Time period.>>  prior to obligation of 
any of the funds provided in this subsection, the Secretary of Veterans 
Affairs must provide a plan for the execution of the funds appropriated 
in this subsection to the Committees on Appropriations of both Houses of 
Congress and such Committees issue an approval, or absent a response, a 
period of 30 days has elapsed.

    Sec. 254.  Not <<NOTE: Reports.>>  later than 30 days after the end 
of each fiscal quarter, the Secretary of Veterans Affairs shall submit 
to the Committees on Appropriations of both Houses of Congress a 
quarterly report on the status of the ``Veterans Medical Care and Health 
Fund'', established to execute section 8002 of the American Rescue Plan 
Act of 2021 (Public Law 117-2):  Provided, 
That, <<NOTE: Updates. Expenditure plan.>>  at a minimum, the report 
shall include an update on obligations by program, project or activity 
and a plan for expending the remaining funds:  Provided further, 
That <<NOTE: Notification. Reallocations. Time period.>>  the Secretary 
of Veterans Affairs must submit notification of any plans to reallocate 
funds from the current apportionment categories of ``Medical Services'', 
``Medical Support and Compliance'', ``Medical Facilities'', ``Medical 
Community Care'', or ``Medical and Prosthetic Research'', including the 
amount and purpose of each reallocation to the Committees on 
Appropriations of both Houses of Congress and such Committees issue an 
approval, or absent a response, a period of 30 days has elapsed.

                         (rescissions of funds)

    Sec. 255.  Of the unobligated balances available to the Department 
of Veterans Affairs from prior appropriations Acts, the following funds 
are hereby rescinded from the following accounts in the amounts 
specified:
            ``Veterans Health Administration--Medical Services'', 
        $200,000,000;
            ``Veterans Health Administration--Medical Community Care'', 
        $200,000,000; and
            ``Departmental Administration--Veterans Electronic Health 
        Record'', $200,000,000:

  Provided, That no amounts may be rescinded from amounts that were 
designated by the Congress as an emergency requirement pursuant to a 
concurrent resolution on the budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 136 STAT. 561]]

                          (rescission of funds)

    Sec. 256.  Immediately upon enactment of this Act, of the 
unobligated balances of funds made available by section 8003 of the 
American Rescue Plan Act of 2021 (Public Law 117-2) to the Department of 
Veterans Affairs for the supply chain modernization initiative, 
$76,105,000 is hereby rescinded.
    Sec. 257.  Any <<NOTE: Time period. Determination.>>  amounts 
transferred to the Secretary and administered by a corporation referred 
to in section 7364(b) of title 38, United States Code, between October 
1, 2016 and September 30, 2017 for purposes of carrying out an order 
placed with the Department of Veterans Affairs pursuant to section 1535 
of title 31, United States Code, that are available for obligation 
pursuant to section 7364(b)(1) of title 38, United States Code, are to 
remain available for the liquidation of valid obligations incurred by 
such corporation during the period of performance of such order, 
provided that the Secretary of Veterans Affairs determines that such 
amounts need to remain available for such liquidation.

                                TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
basis only) and hire of passenger motor vehicles; not to exceed $15,000 
for official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $87,500,000, to remain available until expended.

                  foreign currency fluctuations account

     For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, such sums as may be necessary, to remain 
available until expended, for purposes authorized by section 2109 of 
title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                          salaries and expenses

     For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by sections 7251 through 
7298 of title 38, United States Code, $41,700,000:  Provided, That 
$3,385,104 shall be available for the purpose of providing financial 
assistance as described and in accordance with the process and reporting 
procedures set forth under this heading in Public Law 102-229.

[[Page 136 STAT. 562]]

                      Department of Defense--Civil

                        Cemeterial Expenses, Army

                          salaries and expenses

    For necessary expenses for maintenance, operation, and improvement 
of Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, including the purchase or lease of passenger motor vehicles 
for replacement on a one-for-one basis only, and not to exceed $2,000 
for official reception and representation expenses, $87,000,000, of 
which not to exceed $15,000,000 shall remain available until September 
30, 2024. In addition, such sums as may be necessary for parking 
maintenance, repairs and replacement, to be derived from the ``Lease of 
Department of Defense Real Property for Defense Agencies'' account.

                              construction

     For necessary expenses for planning and design and construction at 
Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, $141,000,000, to remain available until expended, for planning 
and design and construction associated with the Southern Expansion 
project at Arlington National Cemetery.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $77,000,000, to remain available until 
September 30, 2023, of which $9,000,000 shall remain available until 
expended for construction and renovation of the physical plants at the 
Armed Forces Retirement Home--Washington, District of Columbia, and the 
Armed Forces Retirement Home--Gulfport, Mississippi:  Provided, That of 
the amounts made available under this heading from funds available in 
the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid 
from the general fund of the Treasury to the Trust Fund.

                        Administrative Provision

    Sec. 301.  Amounts deposited into the special account established 
under 10 U.S.C. 7727 are appropriated and shall be available until 
expended to support activities at the Army National Military Cemeteries.

                                TITLE IV

                           GENERAL PROVISIONS

    Sec. 401.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 402.  None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made

[[Page 136 STAT. 563]]

known to the Federal entity or official to which the funds are made 
available that the program, project, or activity is not in compliance 
with any Federal law relating to risk assessment, the protection of 
private property rights, or unfunded mandates.
    Sec. 403.  All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public service 
activities.
    Sec. 404.  Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Construction and Veterans Affairs, and Related Agencies of the Committee 
on Appropriations of the House of Representatives and the Subcommittee 
on Military Construction and Veterans Affairs, and Related Agencies of 
the Committee on Appropriations of the Senate.
    Sec. 405.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriations Act.
    Sec. 406.  None of the funds made available in this Act may be used 
for a project or program named for an individual serving as a Member, 
Delegate, or Resident Commissioner of the United States House of 
Representatives.
    Sec. 407. (a) <<NOTE: Web posting. Public 
information. Reports. Determination.>>  Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and (c), post 
on the public Web site of that agency any report required to be 
submitted by the Congress in this or any other Act, upon the 
determination by the head of the agency that it shall serve the national 
interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains confidential or proprietary 
        information.

    (c) <<NOTE: Time period.>>  The head of the agency posting such 
report shall do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 45 days.

    Sec. 408. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 409.  None of the funds made available in this Act may be used 
by an agency of the executive branch to pay for first-class travel by an 
employee of the agency in contravention of sections 301-10.122 through 
301-10.124 of title 41, Code of Federal Regulations.
    Sec. 410.  None <<NOTE: Contracts.>>  of the funds made available in 
this Act may be used to execute a contract for goods or services, 
including construction services, where the contractor has not complied 
with Executive Order No. 12989.

[[Page 136 STAT. 564]]

    Sec. 411.  None of the funds made available by this Act may be used 
in contravention of section 101(e)(8) of title 10, United States Code.
    Sec. 412. (a) <<NOTE: Cuba.>>  In General.--None of the funds 
appropriated or otherwise made available to the Department of Defense in 
this Act may be used to construct, renovate, or expand any facility in 
the United States, its territories, or possessions to house any 
individual detained at United States Naval Station, Guantanamo Bay, 
Cuba, for the purposes of detention or imprisonment in the custody or 
under the control of the Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    This division may be cited as the ``Military Construction, Veterans 
Affairs, and Related Agencies Appropriations Act, 2022''.

 DIVISION K--DEPARTMENT OF STATE, <<NOTE: Department of State, Foreign 
 Operations, and Related Programs Appropriations Act, 2022.>>  FOREIGN 
OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2022

                                 TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           Department of State

                    Administration of Foreign Affairs

                           diplomatic programs

    For necessary <<NOTE: Time period.>>  expenses of the Department of 
State and the Foreign Service not otherwise provided for, 
$9,178,789,000, of which $808,589,000 may remain available until 
September 30, 2023, and of which up to $3,788,199,000 may remain 
available until expended for Worldwide Security Protection:  Provided, 
That <<NOTE: Allocations.>>  funds made available under this heading 
shall be allocated in accordance with paragraphs (1) through (4) as 
follows:
            (1) Human resources.--For necessary expenses for training, 
        human resources management, and salaries, including employment 
        without regard to civil service and classification laws of 
        persons on a temporary basis (not to exceed $700,000), as 
        authorized by section 801 of the United States Information and 
        Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36), 
        $3,216,871,000, of which up to $661,240,000 is for Worldwide 
        Security Protection.
            (2) Overseas programs.--For necessary expenses for the 
        regional bureaus of the Department of State and overseas 
        activities as authorized by law, $1,791,425,000.

[[Page 136 STAT. 565]]

            (3) Diplomatic policy and support.--For necessary expenses 
        for the functional bureaus of the Department of State, including 
        representation to certain international organizations in which 
        the United States participates pursuant to treaties ratified 
        pursuant to the advice and consent of the Senate or specific 
        Acts of Congress, general administration, and arms control, 
        nonproliferation, and disarmament activities as authorized, 
        $994,768,000.
            (4) Security programs.--For necessary expenses for security 
        activities, $3,175,725,000, of which up to $3,126,959,000 is for 
        Worldwide Security Protection.
            (5) Fees and payments collected.--In addition to amounts 
        otherwise made available under this heading--
                    (A) as authorized by section 810 of the United 
                States Information and Educational Exchange Act, not to 
                exceed $5,000,000, to remain available until expended, 
                may be credited to this appropriation from fees or other 
                payments received from English teaching, library, motion 
                pictures, and publication programs and from fees from 
                educational advising and counseling and exchange visitor 
                programs; and
                    (B) not to exceed $15,000, which shall be derived 
                from reimbursements, surcharges, and fees for use of 
                Blair House facilities.
            (6) Transfer of funds, reprogramming, and other matters.--
                    (A) Notwithstanding any other provision of this Act, 
                funds may be reprogrammed within and between paragraphs 
                (1) through (4) under this heading subject to section 
                7015 of this Act.
                    (B) Of the amount made available under this heading 
                for Worldwide Security Protection, not to exceed 
                $50,000,000 may be transferred to, and merged with, 
                funds made available by this Act under the heading 
                ``Emergencies in the Diplomatic and Consular Service'', 
                to be available only for emergency evacuations and 
                rewards, as authorized:  Provided, 
                That <<NOTE: Consultation.>>  the exercise of the 
                authority provided by this subparagraph shall be subject 
                to prior consultation with the Committees on 
                Appropriations.
                    (C) Funds appropriated under this heading are 
                available for acquisition by exchange or purchase of 
                passenger motor vehicles as authorized by law and, 
                pursuant to section 1108(g) of title 31, United States 
                Code, for the field examination of programs and 
                activities in the United States funded from any account 
                contained in this title.
                    (D) Funds appropriated under this heading shall be 
                made available for the following purposes and as 
                specified under this heading in the explanatory 
                statement described in section 4 (in the matter 
                preceding division A of this consolidated Act) to--
                          (i) support the activities of an Ambassador-
                      at-Large for the Arctic Region; and
                          (ii) implement an Arctic Indigenous Exchange 
                      Program.
                    (E) Of the amount made available under this heading, 
                up to $100,000,000 may be transferred to, and merged 
                with, funds made available in title I of this Act under

[[Page 136 STAT. 566]]

                the heading ``Capital Investment 
                Fund'': <<NOTE: Consultation.>>   Provided, That the 
                exercise of the authority provided by this subparagraph 
                shall be subject to prior consultation with the 
                Committees on Appropriations.

                         capital investment fund

    For necessary expenses of the Capital Investment Fund, as 
authorized, $300,000,000, to remain available until expended.

                       office of inspector general

    For necessary expenses of the Office of Inspector General, 
$91,458,000, of which $13,718,000 may remain available until September 
30, 2023:  Provided, That funds appropriated under this heading are made 
available notwithstanding section 209(a)(1) of the Foreign Service Act 
of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
    In addition, for the Special Inspector General for Afghanistan 
Reconstruction (SIGAR) for reconstruction oversight, $40,000,000, to 
remain available until September 30, 2023:  Provided, That funds 
appropriated under this heading that are made available for the printing 
and reproduction costs of SIGAR shall not exceed amounts for such costs 
during the prior fiscal year.

               educational and cultural exchange programs

    For necessary expenses of educational and cultural exchange 
programs, as authorized, $753,000,000, to remain available until 
expended, of which not less than $275,000,000 shall be for the Fulbright 
Program and not less than $113,860,000 shall be for Citizen Exchange 
Program:  Provided, That fees or other payments received from, or in 
connection with, English teaching, educational advising and counseling 
programs, and exchange visitor programs as authorized may be credited to 
this account, to remain available until expended:  Provided further, 
That <<NOTE: Fellowships and scholarships. Consultation.>>  a portion of 
the Fulbright awards from the Eurasia and Central Asia regions shall be 
designated as Edmund S. Muskie Fellowships, following consultation with 
the Committees on Appropriations:  Provided further, That funds 
appropriated under this heading that are made available for the Benjamin 
Gilman International Scholarships Program shall also be made available 
for the John S. McCain Scholars Program, pursuant to section 7075 of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2019 (division F of Public Law 116-6):  Provided 
further, That funds appropriated under this heading shall be made 
available for the Community Engagement Exchange Program as described 
under the heading ``Civil Society Exchange Program'' in Senate Report 
116-126:  Provided further, That <<NOTE: Consultation. Notification.>>  
any substantive modifications from the prior fiscal year to programs 
funded by this Act under this heading shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations.

                         representation expenses

    For representation expenses as authorized, $7,415,000.

[[Page 136 STAT. 567]]

              protection of foreign missions and officials

    For necessary expenses, not otherwise provided, to enable the 
Secretary of State to provide for extraordinary protective services, as 
authorized, $30,890,000, to remain available until September 30, 2023.

             embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining, 
repairing, and planning for real property that are owned or leased by 
the Department of State, and renovating, in addition to funds otherwise 
available, the Harry S Truman Building, $850,722,000, to remain 
available until September 30, 2026, of which not to exceed $25,000 may 
be used for overseas representation expenses as authorized:  Provided, 
That none of the funds appropriated in this paragraph shall be available 
for acquisition of furniture, furnishings, or generators for other 
departments and agencies of the United States Government.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $1,132,427,000, to remain 
available until expended.

           emergencies in the diplomatic and consular service

    For necessary expenses to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
as authorized, $7,885,000, to remain available until expended, of which 
not to exceed $1,000,000 may be transferred to, and merged with, funds 
appropriated by this Act under the heading ``Repatriation Loans Program 
Account''.

                   repatriation loans program account

    For the cost of direct loans, $1,300,000, as authorized:  Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, That such funds are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$4,937,742.

               payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act (Public 
Law 96-8), $32,583,000.

         international center, washington, district of columbia

    Not to exceed $1,806,600 shall be derived from fees collected from 
other executive agencies for lease or use of facilities at the 
International Center in accordance with section 4 of the International 
Center Act (Public Law 90-553), and, in addition, as authorized by 
section 5 of such Act, $743,000, to be derived from the reserve 
authorized by such section, to be used for the purposes set out in that 
section.

[[Page 136 STAT. 568]]

      payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized, $158,900,000.

International Organizations <<NOTE: 22 USC 269a note.>> 

              contributions to international organizations

    For necessary <<NOTE: United Nations. Notifications.>>  expenses, 
not otherwise provided for, to meet annual obligations of membership in 
international multilateral organizations, pursuant to treaties ratified 
pursuant to the advice and consent of the Senate, conventions, or 
specific Acts of Congress, $1,662,928,000, of which $96,240,000 may 
remain available until September 30, 2023:  Provided, 
That <<NOTE: Budget.>>  the Secretary of State shall, at the time of the 
submission of the President's budget to Congress under section 1105(a) 
of title 31, United States Code, transmit to the Committees on 
Appropriations the most recent biennial budget prepared by the United 
Nations for the operations of the United Nations:  Provided further, 
That <<NOTE: Notification. Time period.>>  the Secretary of State shall 
notify the Committees on Appropriations at least 15 days in advance (or 
in an emergency, as far in advance as is practicable) of any United 
Nations action to increase funding for any United Nations program 
without identifying an offsetting decrease elsewhere in the United 
Nations budget:  Provided further, That any payment of arrearages under 
this heading shall be directed to activities that are mutually agreed 
upon by the United States and the respective international organization 
and shall be subject to the regular notification procedures of the 
Committees on Appropriations:  Provided further, That <<NOTE: Effective 
date.>>  none of the funds appropriated under this heading shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known to 
the United States Government by such organization for loans incurred on 
or after October 1, 1984, through external borrowings.

 contributions for international peacekeeping activities <<NOTE: United 
Nations.>> 

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $1,498,614,000, of 
which $749,307,000 may remain available until September 30, 2023:  
Provided, That <<NOTE: Deadline. Time period. Notification. Cost 
estimates.>>  none of the funds made available by this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
such mission in the United Nations Security Council (or in an emergency 
as far in advance as is practicable), the Committees on Appropriations 
are notified of: (1) the estimated cost and duration of the mission, the 
objectives of the mission, the national interest that will be served, 
and the exit strategy; and (2) the sources of funds, including any 
reprogrammings or transfers, that will be used to pay the cost of the 
new or expanded mission, and the estimated cost in future fiscal years:  
Provided further, That none <<NOTE: Certification. Reports. Human 
rights. Public information. Web posting.>>  of the funds appropriated 
under this heading may be made available for obligation unless the 
Secretary of State certifies and reports to the Committees on 
Appropriations on a peacekeeping mission-by-mission basis that the 
United Nations is implementing

[[Page 136 STAT. 569]]

effective policies and procedures to prevent United Nations employees, 
contractor personnel, and peacekeeping troops serving in such mission 
from trafficking in persons, exploiting victims of trafficking, or 
committing acts of sexual exploitation and abuse or other violations of 
human rights, and to hold accountable individuals who engage in such 
acts while participating in such mission, including prosecution in their 
home countries and making information about such prosecutions publicly 
available on the website of the United Nations:  Provided further, 
That <<NOTE: Procedures. Human rights.>>  the Secretary of State shall 
work with the United Nations and foreign governments contributing 
peacekeeping troops to implement effective vetting procedures to ensure 
that such troops have not violated human rights:  Provided further, 
That <<NOTE: Determination.>>  funds shall be available for peacekeeping 
expenses unless the Secretary of State determines that United States 
manufacturers and suppliers are not being given opportunities to provide 
equipment, services, and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers:  Provided further, That <<NOTE: President. Recommenda- 
tions.>>  none of the funds appropriated or otherwise made available 
under this heading may be used for any United Nations peacekeeping 
mission that will involve United States Armed Forces under the command 
or operational control of a foreign national, unless the President's 
military advisors have submitted to the President a recommendation that 
such involvement is in the national interest of the United States and 
the President has submitted to Congress such a recommendation:  Provided 
further, That <<NOTE: Notification.>>  any payment of arrearages with 
funds appropriated by this Act shall be subject to the regular 
notification procedures of the Committees on Appropriations.

International Commissions <<NOTE: 22 USC 269a note.>> 

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

    For necessary <<NOTE: Compliance.>>  expenses for the United States 
Section of the International Boundary and Water Commission, United 
States and Mexico, and to comply with laws applicable to the United 
States Section, including not to exceed $6,000 for representation 
expenses; as follows:

                          salaries and expenses

    For salaries and expenses, not otherwise provided for, $51,970,000, 
of which $7,796,000 may remain available until September 30, 2023.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $51,030,000, to remain available until expended, as 
authorized:  Provided, That <<NOTE: Transfer 
authority. Consultation. Notification.>>  of the funds appropriated 
under this heading in this Act and prior Acts making appropriations for 
the Department of State, foreign operations, and related programs for 
the United States Section, except for funds designated by the Congress 
as

[[Page 136 STAT. 570]]

an emergency requirement pursuant to a concurrent resolution on the 
budget or the Balanced Budget and Emergency Deficit Control Act of 1985, 
up to $5,000,000 may be transferred to, and merged with, funds 
appropriated under the heading ``Salaries and Expenses'' to carry out 
the purposes of the United States Section, which shall be subject to 
prior consultation with, and the regular notification procedures of, the 
Committees on Appropriations:  Provided further, That such transfer 
authority is in addition to any other transfer authority provided in 
this Act.

              american sections, international commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for technical 
assistance grants and the Community Assistance Program of the North 
American Development Bank, $15,008,000:  Provided, That of the amount 
provided under this heading for the International Joint Commission, up 
to $1,250,000 may remain available until September 30, 2023, and up to 
$9,000 may be made available for representation expenses:  Provided 
further, That of the amount provided under this heading for the 
International Boundary Commission, up to $1,000 may be made available 
for representation expenses.

                   international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $62,846,000:  Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions pursuant to section 3324 of title 31, United 
States Code.

                             RELATED AGENCY

                  United States Agency for Global Media

                  international broadcasting operations

    For necessary expenses to enable the United States Agency for Global 
Media (USAGM), as authorized, to carry out international communication 
activities, and to make and supervise grants for radio, Internet, and 
television broadcasting to the Middle East, $850,300,000:  Provided, 
That in addition to amounts otherwise available for such purposes, up to 
$47,708,000 of the amount appropriated under this heading may remain 
available until expended for satellite transmissions and Internet 
freedom programs, of which not less than $27,000,000 shall be for 
Internet freedom programs:  Provided further, That of the total amount 
appropriated under this heading, not to exceed $35,000 may be used for 
representation expenses, of which $10,000 may be used for such expenses 
within the United States as authorized, and not to exceed $30,000 may be 
used for representation expenses of Radio Free Europe/Radio Liberty:  
Provided further, That funds appropriated under this heading shall be 
allocated in accordance with the table included under this heading in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated

[[Page 136 STAT. 571]]

Act):  Provided further, That <<NOTE: Notification.>>  notwithstanding 
the previous proviso, funds may be reprogrammed within and between 
amounts designated in such table, subject to the regular notification 
procedures of the Committees on Appropriations, except that no such 
reprogramming may reduce a designated amount by more than 5 percent:  
Provided further, That funds appropriated under this heading shall be 
made available in accordance with the principles and standards set forth 
in section 303(a) and (b) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6202) and section 305(b) of such Act 
(22 U.S.C. 6204):  Provided further, That 
the <<NOTE: Notification. Deadline. Determination. Terrorism.>>  USAGM 
Chief Executive Officer shall notify the Committees on Appropriations 
within 15 days of any determination by the USAGM that any of its 
broadcast entities, including its grantee organizations, provides an 
open platform for international terrorists or those who support 
international terrorism, or is in violation of the principles and 
standards set forth in section 303(a) and (b) of such Act or the 
entity's journalistic code of ethics:  Provided further, That in 
addition to funds made available under this heading, and notwithstanding 
any other provision of law, up to $5,000,000 in receipts from 
advertising and revenue from business ventures, up to $500,000 in 
receipts from cooperating international organizations, and up to 
$1,000,000 in receipts from privatization efforts of the Voice of 
America and the International Broadcasting Bureau, shall remain 
available until expended for carrying out authorized purposes:  Provided 
further, That <<NOTE: Notification.>>  significant modifications to 
USAGM broadcast hours previously justified to Congress, including 
changes to transmission platforms (shortwave, medium wave, satellite, 
Internet, and television), for all USAGM language services shall be 
subject to the regular notification procedures of the Committees on 
Appropriations:  Provided further, That <<NOTE: Transfer authority.>>  
up to $5,000,000 from the USAGM Buying Power Maintenance account may be 
transferred to, and merged with, funds appropriated by this Act under 
the heading ``International Broadcasting Operations'', which shall 
remain available until expended: <<NOTE: Consultation. Notification.>>   
Provided further, That such transfer authority is in addition to any 
transfer authority otherwise available under any other provision of law 
and shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

                    broadcasting capital improvements

    For the purchase, rent, construction, repair, preservation, and 
improvement of facilities for radio, television, and digital 
transmission and reception; the purchase, rent, and installation of 
necessary equipment for radio, television, and digital transmission and 
reception, including to Cuba, as authorized; and physical security 
worldwide, in addition to amounts otherwise available for such purposes, 
$9,700,000, to remain available until expended, as authorized.

                            RELATED PROGRAMS

                           The Asia Foundation

    For a grant to The Asia Foundation, as authorized by The Asia 
Foundation Act (22 U.S.C. 4402), $21,500,000, to remain available until 
expended.

[[Page 136 STAT. 572]]

                    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace, as 
authorized by the United States Institute of Peace Act (22 U.S.C. 4601 
et seq.), $54,000,000, to remain available until September 30, 2023, 
which shall not be used for construction activities.

          Center for Middle Eastern-Western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western 
Dialogue Trust Fund, as authorized by section 633 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the 
interest and earnings accruing to such Fund on or before September 30, 
2022, to remain available until expended.

                 Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2022, to remain available until 
expended:  Provided, That <<NOTE: Salaries. Contracts.>>  none of the 
funds appropriated herein shall be used to pay any salary or other 
compensation, or to enter into any contract providing for the payment 
thereof, in excess of the rate authorized by section 5376 of title 5, 
United States Code; or for purposes which are not in accordance with 
section 200 of title 2 of the Code of Federal Regulations, including the 
restrictions on compensation for personal services.

                    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program, as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and 
earnings accruing to the Israeli Arab Scholarship Fund on or before 
September 30, 2022, to remain available until expended.

                            East-West Center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$19,700,000.

                    National Endowment for Democracy

    For grants made by the Department of State to the National Endowment 
for Democracy, as authorized by the National Endowment for Democracy Act 
(22 U.S.C. 4412), $315,000,000, to remain available until expended, of 
which $195,840,000 shall be allocated in the traditional and customary 
manner, including for the core institutes, and $104,160,000 shall be for 
democracy programs:  Provided, That the requirements of section 7062(a) 
of this Act shall not apply to funds made available under this heading.

[[Page 136 STAT. 573]]

                            OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                          salaries and expenses

    For necessary expenses for the Commission for the Preservation of 
America's Heritage Abroad, $642,000, as authorized by chapter 3123 of 
title 54, United States Code:  Provided, That the Commission may procure 
temporary, intermittent, and other services notwithstanding paragraph 
(3) of section 312304(b) of such chapter:  Provided further, 
That <<NOTE: Termination date. Notification.>>  such authority shall 
terminate on October 1, 2022:  Provided further, That the Commission 
shall notify the Committees on Appropriations prior to exercising such 
authority.

       United States Commission on International Religious Freedom

                          salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.), 
$4,500,000, to remain available until September 30, 2023, including not 
more than $4,000 for representation expenses:  Provided, 
That <<NOTE: Consultation.>>  of the funds appropriated under this 
heading, $1,000,000 shall be subject to prior consultation with the 
Committees on Appropriations:  Provided further, 
That <<NOTE: Reports. Human rights.>>  the United States Commission on 
International Religious Freedom shall, on a regular basis, monitor, 
report on, and advocate against laws and policies of, foreign 
governments that permit or condone discrimination against, or violations 
of human rights of, minority groups and other vulnerable communities on 
the basis of religion.

            Commission on Security and Cooperation in Europe

                          salaries and expenses

    For necessary expenses of the Commission on Security and Cooperation 
in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.), 
$2,908,000, including not more than $5,000 for representation expenses, 
to remain available until September 30, 2023.

  Congressional-Executive Commission on the People's Republic of China

                          salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000, 
including not more than $3,000 for representation expenses, to remain 
available until September 30, 2023.

[[Page 136 STAT. 574]]

       United States-China Economic and Security Review Commission

                          salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, as authorized by section 1238 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 
U.S.C. 7002), $4,000,000, including not more than $4,000 for 
representation expenses, to remain available until September 30, 2023:  
Provided, That <<NOTE: Extension. Applicability.>>  the authorities, 
requirements, limitations, and conditions contained in the second 
through fifth provisos under this heading in the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2010 
(division F of Public Law 111-117) shall continue in effect during 
fiscal year 2022 and shall apply to funds appropriated under this 
heading.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                   Funds Appropriated to the President

                           operating expenses

    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $1,635,947,000, of which up to 
$245,392,000 may remain available until September 30, 2023:  Provided, 
That <<NOTE: Contracts. Reports.>>  none of the funds appropriated under 
this heading and under the heading ``Capital Investment Fund'' in this 
title may be made available to finance the construction (including 
architect and engineering services), purchase, or long-term lease of 
offices for use by the United States Agency for International 
Development, unless the USAID Administrator has identified such proposed 
use of funds in a report submitted to the Committees on Appropriations 
at least 15 days prior to the obligation of funds for such purposes:  
Provided further, That <<NOTE: Contracts. Time period.>>  contracts or 
agreements entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through the 
following fiscal year:  Provided further, That <<NOTE: Transfer 
authority.>>  the authority of sections 610 and 109 of the Foreign 
Assistance Act of 1961 may be exercised by the Secretary of State to 
transfer funds appropriated to carry out chapter 1 of part I of such Act 
to ``Operating Expenses'' in accordance with the provisions of those 
sections:  Provided further, That of the funds appropriated or made 
available under this heading, not to exceed $250,000 may be available 
for representation and entertainment expenses, of which not to exceed 
$5,000 may be available for entertainment expenses, and not to exceed 
$100,500 shall be for official residence expenses, for USAID during the 
current fiscal year.

                         capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section

[[Page 136 STAT. 575]]

667 of the Foreign Assistance Act of 1961, $258,200,000, to remain 
available until expended:  Provided, That this amount is in addition to 
funds otherwise available for such purposes:  Provided further, That 
funds <<NOTE: Notification.>>  appropriated under this heading shall be 
available subject to the regular notification procedures of the 
Committees on Appropriations.

                       office of inspector general

    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $80,000,000, of which up to 
$12,000,000 may remain available until September 30, 2023, for the 
Office of Inspector General of the United States Agency for 
International Development.

                                TITLE III

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, as follows:

                         global health programs

    For necessary <<NOTE: Apportionment.>>  expenses to carry out the 
provisions of chapters 1 and 10 of part I of the Foreign Assistance Act 
of 1961, for global health activities, in addition to funds otherwise 
available for such purposes, $3,880,000,000, to remain available until 
September 30, 2023, and which shall be apportioned directly to the 
United States Agency for International Development:  Provided, That this 
amount shall be made available for training, equipment, and technical 
assistance to build the capacity of public health institutions and 
organizations in developing countries, and for such activities as: (1) 
child survival and maternal health programs; (2) immunization and oral 
rehydration programs; (3) other health, nutrition, water and sanitation 
programs which directly address the needs of mothers and children, and 
related education programs; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) programs for the prevention, 
treatment, control of, and research on HIV/AIDS, tuberculosis, polio, 
malaria, and other infectious diseases including neglected tropical 
diseases, and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6) disaster 
preparedness training for health crises; (7) programs to prevent, 
prepare for, and respond to unanticipated and emerging global health 
threats, including zoonotic diseases; and (8) family planning/
reproductive health:  Provided further, That funds appropriated under 
this paragraph may be made available for United States contributions to 
The GAVI Alliance and to a multilateral vaccine development partnership 
to support epidemic preparedness:  Provided further, 
That <<NOTE: Determination. Abortion. Sterilization.>>  none of the 
funds made available in this Act nor any unobligated balances from prior 
appropriations Acts may be made available to any organization or program 
which, as determined by the President of the United States, supports or 
participates in the management of a program of coercive abortion or

[[Page 136 STAT. 576]]

involuntary sterilization:  Provided further, That <<NOTE: Deadline.>>  
any determination made under the previous proviso must be made not later 
than 6 months after the date of enactment of this Act, and must be 
accompanied by the evidence and criteria utilized to make the 
determination:  Provided further, That <<NOTE: Abortion.>>  none of the 
funds made available under this Act may be used to pay for the 
performance of abortion as a method of family planning or to motivate or 
coerce any person to practice abortions:  Provided further, That nothing 
in this paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961:  Provided further, 
That <<NOTE: Lobbying. Abortion.>>  none of the funds made available 
under this Act may be used to lobby for or against abortion:  Provided 
further, That <<NOTE: Family 
planning. Requirements. Determination. Reports.>>  in order to reduce 
reliance on abortion in developing nations, funds shall be available 
only to voluntary family planning projects which offer, either directly 
or through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary family 
planning project shall meet the following requirements: (1) service 
providers or referral agents in the project shall not implement or be 
subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators for 
budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of total 
number of births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and (5) the project shall ensure 
that experimental contraceptive drugs and devices and medical procedures 
are provided only in the context of a scientific study in which 
participants are advised of potential risks and benefits; and, not less 
than 60 days after the date on which the USAID Administrator determines 
that there has been a violation of the requirements contained in 
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or 
practice of violations of the requirements contained in paragraph (4) of 
this proviso, the Administrator shall submit to the Committees on 
Appropriations a report containing a description of such violation and 
the corrective action taken by the Agency:  Provided further, 
That <<NOTE: Grants. Discrimination. Compliance.>>  in awarding grants 
for natural family planning under section 104 of the Foreign Assistance 
Act of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso:  Provided further, 
That <<NOTE: Definition.>>  for purposes of this or any other Act 
authorizing or appropriating funds for the Department of State, foreign 
operations, and related programs, the term ``motivate'', as it relates

[[Page 136 STAT. 577]]

to family planning assistance, shall not be construed to prohibit the 
provision, consistent with local law, of information or counseling about 
all pregnancy options:  Provided further, That <<NOTE: Condoms.>>  
information provided about the use of condoms as part of projects or 
activities that are funded from amounts appropriated by this Act shall 
be medically accurate and shall include the public health benefits and 
failure rates of such use.

    In addition, <<NOTE: Apportionment.>>  for necessary expenses to 
carry out the provisions of the Foreign Assistance Act of 1961 for the 
prevention, treatment, and control of, and research on, HIV/AIDS, 
$5,950,000,000, to remain available until September 30, 2026, which 
shall be apportioned directly to the Department of State:  Provided, 
That funds appropriated under this paragraph may be made available, 
notwithstanding any other provision of law, except for the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 
(Public Law 108-25), for a United States contribution to the Global Fund 
to Fight AIDS, Tuberculosis and Malaria (Global Fund):  Provided 
further, That the amount of such contribution shall be $1,560,000,000:  
Provided further, That <<NOTE: Notification.>>  up to 5 percent of the 
aggregate amount of funds made available to the Global Fund in fiscal 
year 2022 may be made available to USAID for technical assistance 
related to the activities of the Global Fund, subject to the regular 
notification procedures of the Committees on Appropriations:  Provided 
further, That of the funds appropriated under this paragraph, up to 
$17,000,000 may be made available, in addition to amounts otherwise 
available for such purposes, for administrative expenses of the Office 
of the United States Global AIDS Coordinator.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of 
the Foreign Assistance Act of 1961, $4,140,494,000, to remain available 
until September 30, 2023:  Provided, That <<NOTE: Apportionment.>>  
funds made available under this heading shall be apportioned to the 
United States Agency for International Development.

                    international disaster assistance

    For necessary expenses to carry out the provisions of section 491 of 
the Foreign Assistance Act of 1961 for international disaster relief, 
rehabilitation, and reconstruction assistance, $3,905,460,000, to remain 
available until expended:  Provided, 
That <<NOTE: Apportionment. Deadline.>>  funds made available under this 
heading shall be apportioned to the United States Agency for 
International Development not later than 60 days after enactment of this 
Act.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance administered by the Office of Transition 
Initiatives, United States Agency for International Development, 
pursuant to section 491 of the Foreign Assistance Act of 1961, and to 
support transition to democracy and long-term development of countries 
in crisis, $80,000,000, to remain available until expended:  Provided, 
That such support may include assistance to

[[Page 136 STAT. 578]]

develop, strengthen, or preserve democratic institutions and processes, 
revitalize basic infrastructure, and foster the peaceful resolution of 
conflict:  Provided further, That <<NOTE: Reports.>>  the USAID 
Administrator shall submit a report to the Committees on Appropriations 
at least 5 days prior to beginning a new, or terminating a, program of 
assistance:  Provided further, That <<NOTE: Determination.>>  if the 
Secretary of State determines that it is important to the national 
interest of the United States to provide transition assistance in excess 
of the amount appropriated under this heading, up to $15,000,000 of the 
funds appropriated by this Act to carry out the provisions of part I of 
the Foreign Assistance Act of 1961 may be used for purposes of this 
heading and under the authorities applicable to funds appropriated under 
this heading:  Provided further, That <<NOTE: Consultation.>>  funds 
made available pursuant to the previous proviso shall be made available 
subject to prior consultation with the Committees on Appropriations.

                           complex crises fund

    For necessary expenses to carry out the provisions of section 509(b) 
of the Global Fragility Act of 2019 (title V of division J of Public Law 
116-94), $60,000,000, to remain available until expended:  Provided, 
That funds appropriated under this heading may be made available 
notwithstanding any other provision of law, except sections 7007, 7008, 
and 7018 of this Act and section 620M of the Foreign Assistance Act of 
1961:  Provided further, That funds <<NOTE: Apportionment.>>  
appropriated under this heading shall be apportioned to the United 
States Agency for International Development.

                          economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $4,099,000,000, to remain 
available until September 30, 2023.

                             democracy fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the promotion of democracy globally, 
including to carry out the purposes of section 502(b)(3) and (5) of 
Public Law 98-164 (22 U.S.C. 4411), $215,450,000, to remain available 
until September 30, 2023, which shall be made available for the Human 
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and 
Labor, Department of State:  Provided, That funds appropriated under 
this heading that are made available to the National Endowment for 
Democracy and its core institutes are in addition to amounts otherwise 
available by this Act for such purposes:  Provided further, 
That <<NOTE: Consultation.>>  the Assistant Secretary for Democracy, 
Human Rights, and Labor, Department of State, shall consult with the 
Committees on Appropriations prior to the initial obligation of funds 
appropriated under this paragraph.

    For an additional amount for such purposes, $125,250,000, to remain 
available until September 30, 2023, which shall be made available for 
the Bureau for Development, Democracy, and Innovation, United States 
Agency for International Development.

[[Page 136 STAT. 579]]

             assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511), 
and the Support for Eastern European Democracy (SEED) Act of 1989 
(Public Law 101-179), $500,000,000, to remain available until September 
30, 2023, which shall be available, notwithstanding any other provision 
of law, except section 7047 of this Act, for assistance and related 
programs for countries identified in section 3 of the FREEDOM Support 
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C. 
5402), in addition to funds otherwise available for such purposes:  
Provided, That funds appropriated by this Act under the headings 
``Global Health Programs'', ``Economic Support Fund'', and 
``International Narcotics Control and Law Enforcement'' that are made 
available for assistance for such countries shall be administered in 
accordance with the responsibilities of the coordinator designated 
pursuant to section 102 of the FREEDOM Support Act and section 601 of 
the SEED Act of 1989:  Provided further, That funds appropriated under 
this heading shall be considered to be economic assistance under the 
Foreign Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act for the use of economic 
assistance:  Provided further, That funds appropriated under this 
heading may be made available for contributions to multilateral 
initiatives to counter hybrid threats.

                           Department of State

                    migration and refugee assistance

    For necessary expenses not otherwise provided for, to enable the 
Secretary of State to carry out the provisions of section 2(a) and (b) 
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), 
and other activities to meet refugee and migration needs; salaries and 
expenses of personnel and dependents as authorized by the Foreign 
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized 
by sections 5921 through 5925 of title 5, United States Code; purchase 
and hire of passenger motor vehicles; and services as authorized by 
section 3109 of title 5, United States Code, $2,912,188,000, to remain 
available until expended, of which $5,000,000 shall be made available 
for refugees resettling in Israel.

      united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), 
$100,000, to remain available until expended:  Provided, That 
amounts <<NOTE: Transfer authority.>>  in excess of the limitation 
contained in paragraph (2) of such section shall be transferred to, and 
merged with, funds made available by this Act under the heading 
``Migration and Refugee Assistance''.

[[Page 136 STAT. 580]]

                          Independent Agencies

                               peace corps

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States, $410,500,000, of which $6,330,000 is for 
the Office of Inspector General, to remain available until September 30, 
2023:  Provided, That the Director of the Peace Corps may transfer to 
the Foreign Currency Fluctuations Account, as authorized by section 16 
of the Peace Corps Act (22 U.S.C. 2515), an amount not to exceed 
$5,000,000:  Provided further, That funds transferred pursuant to the 
previous proviso may not be derived from amounts made available for 
Peace Corps overseas operations:  Provided further, That of the funds 
appropriated under this heading, not to exceed $104,000 may be available 
for representation expenses, of which not to exceed $4,000 may be made 
available for entertainment expenses:  Provided 
further, <<NOTE: Consultation.>>  That in addition to the requirements 
under section 7015(a) of this Act, the Peace Corps shall consult with 
the Committees on Appropriations prior to any decision to open, close, 
or suspend a domestic or overseas office or a country program unless 
there is a substantial risk to volunteers or other Peace Corps 
personnel:  Provided further, <<NOTE: Abortions.>>  That none of the 
funds appropriated under this heading shall be used to pay for 
abortions:  Provided further, <<NOTE: Applicability.>>  That 
notwithstanding the previous proviso, section 614 of division E of 
Public Law 113-76 shall apply to funds appropriated under this heading.

                    millennium challenge corporation

    For necessary expenses to carry out the provisions of the Millennium 
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $912,000,000, to 
remain available until expended:  Provided, That of the funds 
appropriated under this heading, up to $115,000,000 may be available for 
administrative expenses of the Millennium Challenge Corporation:  
Provided further, <<NOTE: Applicability.>>  That section 605(e) of the 
MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this 
heading:  Provided further, That funds appropriated under this heading 
may be made available for a Millennium Challenge Compact entered into 
pursuant to section 609 of the MCA (22 U.S.C. 7708) only if such Compact 
obligates, or contains a commitment to obligate subject to the 
availability of funds and the mutual agreement of the parties to the 
Compact to proceed, the entire amount of the United States Government 
funding anticipated for the duration of the Compact:  Provided further, 
That no country should be eligible for a threshold program after such 
country has completed a country compact:  Provided further, That of the 
funds appropriated under this heading, not to exceed $100,000 may be 
available for representation and entertainment expenses, of which not to 
exceed $5,000 may be available for entertainment expenses.

[[Page 136 STAT. 581]]

                        inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $42,000,000, to remain available 
until September 30, 2023:  Provided, That of the funds appropriated 
under this heading, not to exceed $2,000 may be available for 
representation expenses.

              united states african development foundation

    For necessary expenses to carry out the African Development 
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.), 
$40,000,000, to remain available until September 30, 2023, of which not 
to exceed $2,000 may be available for representation expenses:  
Provided, That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the Board of 
Directors of the United States African Development Foundation (USADF):  
Provided further, That interest earned shall be used only for the 
purposes for which the grant was made:  Provided further, <<NOTE: Waiver 
authority.>>  That notwithstanding section 505(a)(2) of the African 
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in exceptional 
circumstances the Board of Directors of the USADF may waive the $250,000 
limitation contained in that section with respect to a project and a 
project may exceed the limitation by up to 10 percent if the increase is 
due solely to foreign currency fluctuation:  Provided 
further, <<NOTE: Reports.>>  That the USADF shall submit a report to the 
appropriate congressional committees after each time such waiver 
authority is exercised:  Provided further, <<NOTE: Payments.>>  That the 
USADF may make rent or lease payments in advance from appropriations 
available for such purpose for offices, buildings, grounds, and quarters 
in Africa as may be necessary to carry out its functions:  Provided 
further, That the USADF may maintain bank accounts outside the United 
States Treasury and retain any interest earned on such accounts, in 
furtherance of the purposes of the African Development Foundation Act:  
Provided further, That the USADF may not withdraw any appropriation from 
the Treasury prior to the need of spending such funds for program 
purposes.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961, $38,000,000, to remain available 
until expended, of which not more than $9,500,000 may be used for 
administrative expenses:  Provided, <<NOTE: Contracts.>>  That amounts 
made available under this heading may be made available to contract for 
services as described in section 129(d)(3)(A) of the Foreign Assistance 
Act of 1961, without regard to the location in which such services are 
performed.

                           debt restructuring

    For <<NOTE: President. Determination.>>  ``Bilateral Economic 
Assistance--Department of the Treasury--Debt Restructuring'' there is 
appropriated $52,000,000, to remain available until September 30, 2023, 
for the costs, as defined in section 502 of the Congressional Budget Act 
of 1974,

[[Page 136 STAT. 582]]

of modifying loans and loan guarantees for, or credits extended to, such 
countries as the President may determine, including the costs of 
selling, reducing, or canceling amounts owed to the United States 
pursuant to the ``Common Framework for Debt Treatments beyond the Debt 
Service Suspension Initiative (DSSI)'', and for reducing interest rates 
paid by any country eligible for the DSSI:  Provided, That such amounts 
may be used notwithstanding any other provision of law.

               tropical forest and coral reef conservation

    For <<NOTE: President. Determination. Time period.>>  the costs, as 
defined in section 502 of the Congressional Budget Act of 1974, of 
modifying loans and loan guarantees, as the President may determine, for 
which funds have been appropriated or otherwise made available for 
programs within the International Affairs Budget Function 150, including 
the costs of selling, reducing, or canceling amounts owed to the United 
States as a result of concessional loans made to eligible countries 
pursuant to part V of the Foreign Assistance Act of 1961, $15,000,000, 
to remain available until September 30, 2025.

                                TITLE IV

                    INTERNATIONAL SECURITY ASSISTANCE

                           Department of State

           international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $1,391,004,000, to remain available until 
September 30, 2023:  Provided, That the Department of State may use the 
authority of section 608 of the Foreign Assistance Act of 1961, without 
regard to its restrictions, to receive excess property from an agency of 
the United States Government for the purpose of providing such property 
to a foreign country or international organization under chapter 8 of 
part I of such Act, subject to the regular notification procedures of 
the Committees on Appropriations:  Provided further, That section 482(b) 
of the Foreign Assistance Act of 1961 shall not apply to funds 
appropriated under this heading, except that any funds made available 
notwithstanding such section shall be subject to the regular 
notification procedures of the Committees on Appropriations:  Provided 
further, That funds appropriated under this heading shall be made 
available to support training and technical assistance for foreign law 
enforcement, corrections, judges, and other judicial authorities, 
utilizing regional partners:  Provided further, That of the funds 
appropriated under this heading, not less than $9,000,000 shall be made 
available, on a competitive basis, for rule of law programs for 
transitional and post-conflict states, and for activities to coordinate 
rule of law programs among foreign governments, international and 
nongovernmental organizations, and other United States Government 
agencies:  Provided further, That funds made available under this 
heading that are transferred to another department, agency, or 
instrumentality of the United States Government pursuant to section 
632(b) of the Foreign Assistance Act of 1961 valued in excess of 
$5,000,000, and any agreement made pursuant to section 632(a) of such 
Act, shall be subject to the regular notification procedures

[[Page 136 STAT. 583]]

of the Committees on Appropriations:  Provided further, That funds made 
available under this heading for Program Development and Support may be 
made available notwithstanding pre-obligation requirements contained in 
this Act, except for the notification requirements of section 7015.

     nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $900,000,000, to remain 
available until September 30, 2023, to carry out the provisions of 
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act 
of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854), 
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the 
Foreign Assistance Act of 1961 for demining activities, the clearance of 
unexploded ordnance, the destruction of small arms, and related 
activities, notwithstanding any other provision of law, including 
activities implemented through nongovernmental and international 
organizations, and section 301 of the Foreign Assistance Act of 1961 for 
a United States contribution to the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission, and for a voluntary contribution to the 
International Atomic Energy Agency (IAEA):  
Provided, <<NOTE: Consultation. Notification.>>  That funds made 
available under this heading for the Nonproliferation and Disarmament 
Fund shall be made available, notwithstanding any other provision of law 
and subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations, to promote bilateral 
and multilateral activities relating to nonproliferation, disarmament, 
and weapons destruction, and shall remain available until expended:  
Provided further, That such funds may also be used for such countries 
other than the Independent States of the former Soviet Union and 
international organizations when it is in the national security interest 
of the United States to do so:  Provided 
further, <<NOTE: Determination. Israel.>>  That funds appropriated under 
this heading may be made available for the IAEA unless the Secretary of 
State determines that Israel is being denied its right to participate in 
the activities of that Agency:  Provided 
further, <<NOTE: Notification.>>  That funds made available for 
conventional weapons destruction programs, including demining and 
related activities, in addition to funds otherwise available for such 
purposes, may be used for administrative expenses related to the 
operation and management of such programs and activities, subject to the 
regular notification procedures of the Committees on Appropriations.

                         peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $455,000,000, of which $227,500,000 
may remain available until September 30, 2023:  Provided, That funds 
appropriated under this heading may be used, notwithstanding section 660 
of the Foreign Assistance Act of 1961, to provide assistance to enhance 
the capacity of foreign civilian security forces, including gendarmes, 
to participate in peacekeeping operations:  Provided further, That of 
the funds appropriated under this heading, not less than $24,000,000 
shall be made available for a United States contribution to the 
Multinational Force and

[[Page 136 STAT. 584]]

Observers mission in the Sinai:  Provided further, <<NOTE: Somalia.>>  
That funds appropriated under this heading may be made available to pay 
assessed expenses of international peacekeeping activities in Somalia 
under the same terms and conditions, as applicable, as funds 
appropriated by this Act under the heading ``Contributions for 
International Peacekeeping Activities'':  Provided 
further, <<NOTE: Notification.>>  That funds appropriated under this 
heading shall be subject to the regular notification procedures of the 
Committees on Appropriations.

                   Funds Appropriated to the President

              international military education and training

    For necessary expenses to carry out the provisions of section 541 of 
the Foreign Assistance Act of 1961, $112,925,000, of which up to 
$56,463,000 may remain available until September 30, 2023:  Provided, 
That the civilian personnel for whom military education and training may 
be provided under this heading may include civilians who are not members 
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights:  Provided further, That 
of <<NOTE: Consultation. Notification.>>  the funds appropriated under 
this heading, $3,000,000 shall remain available until expended to 
increase the participation of women in programs and activities funded 
under this heading, following consultation with, and the regular 
notification procedures of, the Committees on Appropriations:  Provided 
further, That of the funds appropriated under this heading, not to 
exceed $50,000 may be available for entertainment expenses.

                   foreign military financing program

    For necessary expenses for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act (22 
U.S.C. 2763), $6,040,424,000:  
Provided, <<NOTE: Consultation. Notification. Contracts.>>  That to 
expedite the provision of assistance to foreign countries and 
international organizations, the Secretary of State, following 
consultation with the Committees on Appropriations and subject to the 
regular notification procedures of such Committees, may use the funds 
appropriated under this heading to procure defense articles and services 
to enhance the capacity of foreign security forces:  Provided further, 
That funds appropriated or otherwise made available under this heading 
shall be nonrepayable notwithstanding any requirement in section 23 of 
the Arms Export Control Act:  Provided further, That 
funds <<NOTE: Apportionment.>>  made available under this heading shall 
be obligated upon apportionment in accordance with paragraph (5)(C) of 
section 1501(a) of title 31, United States Code.

    None of the <<NOTE: Contracts.>>  funds made available under this 
heading shall be available to finance the procurement of defense 
articles, defense services, or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act unless the foreign country proposing to make such procurement has 
first signed an agreement with the United States Government specifying 
the conditions under which such procurement may be financed with such 
funds:  Provided, <<NOTE: Notification.>>  That all country and funding 
level increases in allocations shall be submitted through the regular 
notification procedures of section 7015 of this Act:  Provided further, 
That funds made available under this heading may be used, 
notwithstanding any other provision of law, for demining, the clearance

[[Page 136 STAT. 585]]

of unexploded ordnance, and related activities, and may include 
activities implemented through nongovernmental and international 
organizations:  Provided further, That only those countries for which 
assistance was justified for the ``Foreign Military Sales Financing 
Program'' in the fiscal year 1989 congressional presentation for 
security assistance programs may utilize funds made available under this 
heading for procurement of defense articles, defense services, or design 
and construction services that are not sold by the United States 
Government under the Arms Export Control Act:  Provided further, That 
funds appropriated under this heading shall be expended at the minimum 
rate necessary to make timely payment for defense articles and 
services: <<NOTE: Notification.>>   Provided further, That not more than 
$70,000,000 of the funds appropriated under this heading may be 
obligated for necessary expenses, including the purchase of passenger 
motor vehicles for replacement only for use outside of the United 
States, for the general costs of administering military assistance and 
sales, except that this limitation may be exceeded only through the 
regular notification procedures of the Committees on Appropriations:  
Provided further, That of the funds made available under this heading 
for general costs of administering military assistance and sales, not to 
exceed $4,000 may be available for entertainment expenses and not to 
exceed $130,000 may be available for representation expenses:  Provided 
further, <<NOTE: Notification.>>  That not more than $1,186,853,000 of 
funds realized pursuant to section 21(e)(1)(A) of the Arms Export 
Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for expenses 
incurred by the Department of Defense during fiscal year 2022 pursuant 
to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)), 
except that this limitation may be exceeded only through the regular 
notification procedures of the Committees on Appropriations.

                                 TITLE V

                         MULTILATERAL ASSISTANCE

                   Funds Appropriated to the President

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 of 
the Foreign Assistance Act of 1961, $423,000,000:  Provided, That 
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to 
contributions to the United Nations Democracy Fund:  Provided 
further, <<NOTE: Deadline. Consultation. Notification.>>  That not later 
than 60 days after enactment of this Act, such funds shall be made 
available for core contributions for each entity listed in the table 
under this heading in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act) unless 
otherwise provided for in this Act, or if the Secretary of State has 
justified to the Committees on Appropriations the proposed uses of funds 
other than for core contributions following prior consultation with, and 
subject to the regular notification procedures of, such Committees.

[[Page 136 STAT. 586]]

                  International Financial Institutions

                       global environment facility

    For payment to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility by the 
Secretary of the Treasury, $149,288,000, to remain available until 
expended.

                contribution to the clean technology fund

    For contribution to the Clean Technology Fund, $125,000,000, to 
remain available until expended:  Provided, That up to $125,000,000 of 
such amount shall be available to cover costs, as defined in section 502 
of the Congressional Budget Act of 1974, of direct loans issued to the 
Clean Technology Fund:  Provided further, That such funds are available 
to subsidize gross obligations for the principal amount of direct loans 
without limitation.

     contribution to the international bank for reconstruction and 
                               development

    For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury for the United States share 
of the paid-in portion of the increases in capital stock, $206,500,000, 
to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the International Bank for 
Reconstruction and Development may subscribe without fiscal year 
limitation to the callable capital portion of the United States share of 
increases in capital stock in an amount not to exceed $1,421,275,728.70.

        contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $1,001,400,000, to remain available until 
expended.

               contribution to the asian development fund

    For payment to the Asian Development Bank's Asian Development Fund 
by the Secretary of the Treasury, $53,323,000, to remain available until 
expended.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury for the United States share of the paid-in portion of the 
increases in capital stock, $54,648,752, to remain available until 
expended.

              limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation to the callable capital

[[Page 136 STAT. 587]]

portion of the United States share of increases in capital stock in an 
amount not to exceed $856,174,624.

              contribution to the african development fund

    For payment to the African Development Fund by the Secretary of the 
Treasury, $211,300,000, to remain available until expended.

   contribution to the international fund for agricultural development

    For payment to the International Fund for Agricultural Development 
by the Secretary of the Treasury, $43,000,000, to remain available until 
expended.

              global agriculture and food security program

    For payment to the Global Agriculture and Food Security Program by 
the Secretary of the Treasury, $5,000,000, to remain available until 
expended.

 contributions to the international monetary fund facilities and trust 
                                  funds

    For contribution by the Secretary of the Treasury to the Poverty 
Reduction and Growth Trust or other special purpose vehicle of the 
International Monetary Fund, $102,000,000, to remain available until 
December 31, 2031.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                 Export-Import Bank of the United States

                            inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $6,500,000, of which up to $975,000 may remain available 
until September 30, 2023.

                             program account

    The Export-Import <<NOTE: Contracts.>>  Bank of the United States is 
authorized to make such expenditures within the limits of funds and 
borrowing authority available to such corporation, and in accordance 
with law, and to make such contracts and commitments without regard to 
fiscal year limitations, as provided by section 9104 of title 31, United 
States Code, as may be necessary in carrying out the program for the 
current fiscal year for such corporation:  Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of enactment of this Act.

[[Page 136 STAT. 588]]

                         administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by section 3109 of title 5, United States 
Code, and not to exceed $30,000 for official reception and 
representation expenses for members of the Board of Directors, not to 
exceed $114,000,000, of which up to $17,100,000 may remain available 
until September 30, 2023:  Provided, That the Export-Import Bank (the 
Bank) may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made:  Provided 
further, <<NOTE: Extension. 12 USC 635a note.>>  That notwithstanding 
subsection (b) of section 117 of the Export Enhancement Act of 1992, 
subsection (a) of such section shall remain in effect until September 
30, 2022:  Provided further, <<NOTE: Fees.>>  That the Bank shall charge 
fees for necessary expenses (including special services performed on a 
contract or fee basis, but not including other personal services) in 
connection with the collection of moneys owed the Bank, repossession or 
sale of pledged collateral or other assets acquired by the Bank in 
satisfaction of moneys owed the Bank, or the investigation or appraisal 
of any property, or the evaluation of the legal, financial, or technical 
aspects of any transaction for which an application for a loan, 
guarantee or insurance commitment has been made, or systems 
infrastructure directly supporting transactions:  Provided further, That 
in addition to other funds appropriated for administrative expenses, 
such fees shall be credited to this account for such purposes, to remain 
available until expended.

                      program budget appropriations

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, not to exceed $5,000,000, to remain available until 
September 30, 2025:  Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided 
further, <<NOTE: Disbursement. Loans. Time periods.>>  That such funds 
shall remain available until September 30, 2037, for the disbursement of 
direct loans, loan guarantees, insurance and tied-aid grants obligated 
in fiscal years 2022, 2023, 2024, and 2025.

                           receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945 
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an 
amount not to exceed the amount appropriated herein, shall be credited 
as offsetting collections to this account:  Provided, That the sums 
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a 
final fiscal year appropriation from the General Fund estimated at $0.

[[Page 136 STAT. 589]]

       United States International Development Finance Corporation

                            inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $2,800,000, to remain available until September 30, 2023.

                        corporate capital account

    The United States International Development Finance Corporation (the 
Corporation) is authorized to make such expenditures and commitments 
within the limits of funds and borrowing authority available to the 
Corporation, and in accordance with the law, and to make such 
expenditures and commitments without regard to fiscal year limitations, 
as provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the programs for the current fiscal year for 
the Corporation:  Provided, That for necessary expenses of the 
activities described in subsections (b), (c), (e), (f), and (g) of 
section 1421 of the BUILD Act of 2018 (division F of Public Law 115-254) 
and for administrative expenses to carry out authorized activities and 
project-specific transaction costs described in section 1434(d) of such 
Act, $698,000,000:  Provided further, That of the amount provided--
            (1) $198,000,000 shall remain available until September 30, 
        2024, for administrative expenses to carry out authorized 
        activities (including an amount for official reception and 
        representation expenses which shall not exceed $25,000) and 
        project-specific transaction costs as described in section 
        1434(k) of such Act, of which $1,000,000 shall remain available 
        until September 30, 2026;
            (2) $500,000,000 shall remain available until September 30, 
        2024, for the activities described in subsections (b), (c), (e), 
        (f), and (g) of section 1421 of the BUILD Act of 2018, except 
        such amounts obligated in a fiscal year for activities described 
        in section 1421(c) of such Act shall remain available for 
        disbursement for the term of the underlying project:  Provided 
        further, <<NOTE: Time period. Notification.>>  That if the term 
        of the project extends longer than 10 fiscal years, the Chief 
        Executive Officer of the Corporation shall inform the 
        appropriate congressional committees prior to the obligation or 
        disbursement of funds, as applicable:  Provided further, That 
        amounts made available under this paragraph may be paid to the 
        ``United States International Development Finance Corporation--
        Program Account'' for programs authorized by subsections (b), 
        (e), (f), and (g) of section 1421 of the BUILD Act of 2018:

  Provided further, <<NOTE: Consultation. Notification.>>  That funds 
may only be obligated pursuant to section 1421(g) of the BUILD Act of 
2018 subject to prior consultation with the appropriate congressional 
committees and the regular notification procedures of the Committees on 
Appropriations:  Provided further, <<NOTE: Collections.>>  That in 
fiscal year 2022 collections of amounts described in section 1434(h) of 
the BUILD Act of 2018 shall be credited as offsetting collections to 
this appropriation:  Provided further, That such collections collected 
in fiscal year 2022 in excess of $698,000,000 shall be credited to this 
account and shall be available in future fiscal years only to the extent 
provided in

[[Page 136 STAT. 590]]

advance in appropriations Acts:  Provided further, That in fiscal year 
2022, if such collections are less than $698,000,000, receipts collected 
pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of 
1990, in an amount equal to such shortfall, shall be credited as 
offsetting collections to this appropriation:  Provided further, That 
funds appropriated or otherwise made available under this heading may 
not be used to provide any type of assistance that is otherwise 
prohibited by any other provision of law or to provide assistance to any 
foreign country that is otherwise prohibited by any other provision of 
law:  Provided further, That the <<NOTE: Reduction.>>  sums herein 
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis by the offsetting collections described under this heading 
so as to result in a final fiscal year appropriation from the General 
Fund estimated at $316,000,000.

                             program account

    Amounts <<NOTE: Time period.>> paid from ``United States 
International Development Finance Corporation--Corporate Capital 
Account'' (CCA) shall remain available until September 30, 2024:  
Provided, That up to $550,000,000 of amounts paid to this account from 
CCA or transferred to this account pursuant to section 1434(j) of the 
BUILD Act of 2018 (division F of Public Law 115-254) shall be available 
for the costs of direct and guaranteed loans provided by the Corporation 
pursuant to section 1421(b) of such Act and the costs of modifying loans 
and loan guarantees transferred to the Corporation pursuant to section 
1463 of such Act:  Provided further, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided 
further, <<NOTE: Disbursements. Time period.>>  That such amounts 
obligated in a fiscal year shall remain available for disbursement for 
the following 8 fiscal years:  Provided further, <<NOTE: Time period.>>  
That funds made available in this Act and transferred to carry out the 
Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD 
Act of 2018 may remain available for obligation for 1 additional fiscal 
year:  Provided further, That the total loan principal or guaranteed 
principal amount shall not exceed $8,000,000,000.

                      trade and development agency

    For <<NOTE: Time period.>>  necessary expenses to carry out the 
provisions of section 661 of the Foreign Assistance Act of 1961, 
$79,500,000, to remain available until September 30, 2023, of which no 
more than $19,000,000 may be used for administrative expenses:  
Provided, That of the funds appropriated under this heading, not more 
than $5,000 may be available for representation and entertainment 
expenses.

                                TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

    Sec. 7001.  Funds appropriated under title I of this Act shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United States 
Code; for services as authorized by section 3109 of such title and

[[Page 136 STAT. 591]]

for hire of passenger transportation pursuant to section 1343(b) of 
title 31, United States Code.

                       unobligated balances report

    Sec. 7002.  <<NOTE: Time period. Records.>>  Any department or 
agency of the United States Government to which funds are appropriated 
or otherwise made available by this Act shall provide to the Committees 
on Appropriations a quarterly accounting of cumulative unobligated 
balances and obligated, but unexpended, balances by program, project, 
and activity, and Treasury Account Fund Symbol of all funds received by 
such department or agency in fiscal year 2022 or any previous fiscal 
year, disaggregated by fiscal year:  Provided, That the report required 
by this section shall be submitted not later than 30 days after the end 
of each fiscal quarter and should specify by account the amount of funds 
obligated pursuant to bilateral agreements which have not been further 
sub-obligated.

                           consulting services

    Sec. 7003.  <<NOTE: Contracts.>>  The expenditure of any 
appropriation under title I of this Act for any consulting service 
through procurement contract, pursuant to section 3109 of title 5, 
United States Code, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.

                          diplomatic facilities

    Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy 
Construction and Counterterrorism Act of 1999 (title VI of division A of 
H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act), as amended by section 111 
of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 
114-323), a project to construct a facility of the United States may 
include office space or other accommodations for members of the United 
States Marine Corps.
    (b) <<NOTE: Consultation. Determination.>>  New Diplomatic 
Facilities.--For the purposes of calculating the fiscal year 2022 costs 
of providing new United States diplomatic facilities in accordance with 
section 604(e) of the Secure Embassy Construction and Counterterrorism 
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in 
consultation with the Director of the Office of Management and Budget, 
shall determine the annual program level and agency shares in a manner 
that is proportional to the contribution of the Department of State for 
this purpose.

    (c) Consultation and Notification.--Funds appropriated by this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs, which may be made available 
for the acquisition of property or award of construction contracts for 
overseas United States diplomatic facilities during fiscal year 2022, 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations:  Provided, 
That notifications pursuant to this subsection shall include the 
information enumerated under the heading ``Embassy Security, 
Construction, and Maintenance'' in House Report 117-84.

[[Page 136 STAT. 592]]

    (d) Interim and Temporary Facilities Abroad.--
            (1) <<NOTE: Consultation.>>  Security vulnerabilities.--
        Funds appropriated by this Act under the heading ``Embassy 
        Security, Construction, and Maintenance'' may be made available, 
        following consultation with the appropriate congressional 
        committees, to address security vulnerabilities at interim and 
        temporary United States diplomatic facilities abroad, including 
        physical security upgrades and local guard staffing.
            (2) <<NOTE: Notification. Waiver authority.>>  
        Consultation.--Notwithstanding any other provision of law, the 
        opening, closure, or any significant modification to an interim 
        or temporary United States diplomatic facility shall be subject 
        to prior consultation with the appropriate congressional 
        committees and the regular notification procedures of the 
        Committees on Appropriations, except that such consultation and 
        notification may be waived if there is a security risk to 
        personnel.

    (e) Soft Targets.--Funds appropriated by this Act under the heading 
``Embassy Security, Construction, and Maintenance'' may be made 
available for security upgrades to soft targets, including schools, 
recreational facilities, and residences used by United States diplomatic 
personnel and their dependents.

                            personnel actions

    Sec. 7005.  Any costs incurred by a department or agency funded 
under title I of this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available under title I to such 
department or agency:  Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act:  Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 7015 of this 
Act.

                 prohibition on publicity or propaganda

    Sec. 7006.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before enactment of this Act by Congress:  Provided, That 
up to $25,000 may be made available to carry out the provisions of 
section 316 of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).

        prohibition against direct funding for certain countries

    Sec. 7007.  <<NOTE: Cuba. North Korea. Iran. Syria.>>  None of the 
funds appropriated or otherwise made available pursuant to titles III 
through VI of this Act shall be obligated or expended to finance 
directly any assistance or reparations for the governments of Cuba, 
North Korea, Iran, or Syria:  Provided, That for purposes of this 
section, the prohibition on obligations or expenditures shall include 
direct loans, credits, insurance, and guarantees of the Export-Import 
Bank or its agents.

[[Page 136 STAT. 593]]

                              coups d'etat

    Sec. 7008.  None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance to the 
government of any country whose duly elected head of government is 
deposed by military coup d'etat or decree or, after the date of 
enactment of this Act, a coup d'etat or decree in which the military 
plays a decisive role:  Provided, <<NOTE: Certification. Reports.>>  
That assistance may be resumed to such government if the Secretary of 
State certifies and reports to the appropriate congressional committees 
that subsequent to the termination of assistance a democratically 
elected government has taken office:  Provided further, That the 
provisions of this section shall not apply to assistance to promote 
democratic elections or public participation in democratic processes:  
Provided further, <<NOTE: Notification.>>  That funds made available 
pursuant to the previous provisos shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                       transfer of funds authority

    Sec. 7009. (a) Department of State and United States Agency for 
Global Media.--
            (1) Department of state.--
                    (A) In general.--Not to exceed 5 percent of any 
                appropriation made available for the current fiscal year 
                for the Department of State under title I of this Act 
                may be transferred between, and merged with, such 
                appropriations, but no such appropriation, except as 
                otherwise specifically provided, shall be increased by 
                more than 10 percent by any such transfers, and no such 
                transfer may be made to increase the appropriation under 
                the heading ``Representation Expenses''.
                    
                (B) <<NOTE: Determination. Reports. Consultation. Notific
                ation.>>  Embassy security.--Funds appropriated under 
                the headings ``Diplomatic Programs'', including for 
                Worldwide Security Protection, ``Embassy Security, 
                Construction, and Maintenance'', and ``Emergencies in 
                the Diplomatic and Consular Service'' in this Act may be 
                transferred to, and merged with, funds appropriated 
                under such headings if the Secretary of State determines 
                and reports to the Committees on Appropriations that to 
                do so is necessary to implement the recommendations of 
                the Benghazi Accountability Review Board, for emergency 
                evacuations, or to prevent or respond to security 
                situations and requirements, following consultation 
                with, and subject to the regular notification procedures 
                of, such Committees:  Provided, That such transfer 
                authority is in addition to any transfer authority 
                otherwise available in this Act and under any other 
                provision of law.
            (2) United states agency for global media.--Not to exceed 5 
        percent of any appropriation made available for the current 
        fiscal year for the United States Agency for Global Media under 
        title I of this Act may be transferred between, and merged with, 
        such appropriations, but no such appropriation, except as 
        otherwise specifically provided, shall be increased by more than 
        10 percent by any such transfers.
            (3) Treatment as reprogramming.--Any transfer pursuant to 
        this subsection shall be treated as a reprogramming

[[Page 136 STAT. 594]]

        of funds under section 7015 of this Act and shall not be 
        available for obligation or expenditure except in compliance 
        with the procedures set forth in that section.

    (b) Limitation on Transfers of Funds Between Agencies.--
            (1) In general.--None of the funds made available under 
        titles II through V of this Act may be transferred to any 
        department, agency, or instrumentality of the United States 
        Government, except pursuant to a transfer made by, or transfer 
        authority provided in, this Act or any other appropriations Act.
            (2) Allocation and transfers.--Notwithstanding paragraph 
        (1), in addition to transfers made by, or authorized elsewhere 
        in, this Act, funds appropriated by this Act to carry out the 
        purposes of the Foreign Assistance Act of 1961 may be allocated 
        or transferred to agencies of the United States Government 
        pursuant to the provisions of sections 109, 610, and 632 of the 
        Foreign Assistance Act of 1961, and section 1434(j) of the BUILD 
        Act of 2018 (division F of Public Law 115-254).
            (3) <<NOTE: Contracts.>>  Notification.--Any agreement 
        entered into by the United States Agency for International 
        Development or the Department of State with any department, 
        agency, or instrumentality of the United States Government 
        pursuant to section 632(b) of the Foreign Assistance Act of 1961 
        valued in excess of $1,000,000 and any agreement made pursuant 
        to section 632(a) of such Act, with funds appropriated by this 
        Act or prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs under the 
        headings ``Global Health Programs'', ``Development Assistance'', 
        ``Economic Support Fund'', and ``Assistance for Europe, Eurasia 
        and Central Asia'' shall be subject to the regular notification 
        procedures of the Committees on Appropriations:  Provided, That 
        the requirement in the previous sentence shall not apply to 
        agreements entered into between USAID and the Department of 
        State.

    (c) United States International Development Finance Corporation.--
            (1) Limitation.--Amounts transferred pursuant to section 
        1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
        254) may only be transferred from funds made available under 
        title III of this Act, and such amounts shall not exceed 
        $50,000,000:  Provided, <<NOTE: Consultation. Notification.>>  
        That any such transfers shall be subject to prior consultation 
        with, and the regular notification procedures of, the Committees 
        on Appropriations:  Provided further, That 
        the <<NOTE: Coordination.>>  Secretary of State, the 
        Administrator of the United States Agency for International 
        Development, and the Chief Executive Officer of the United 
        States International Development Finance Corporation (the 
        Corporation), as appropriate, shall ensure that the programs 
        funded by such transfers are coordinated with, and complement, 
        foreign assistance programs implemented by the Department of 
        State and USAID:  Provided further, That no funds transferred 
        pursuant to such authority may be used by the Corporation to 
        post personnel abroad or for activities described in section 
        1421(c) of the BUILD Act of 2018:  Provided further, That funds 
        appropriated by this Act or prior Acts making appropriations for 
        the Department of State, foreign operations, and related 
        programs to implement

[[Page 136 STAT. 595]]

        the Nita M. Lowey Middle East Partnership for Peace Act shall be 
        excluded from the limitation contained in this paragraph and in 
        section 7009(c) of the Department of State, Foreign Operations, 
        and Related Programs Appropriations Act, 2021 (division K of 
        Public Law 116-260).
            (2) Transfer of funds from millennium challenge 
        corporation.--Funds appropriated under the heading ``Millennium 
        Challenge Corporation'' in this Act or prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs may be transferred to accounts under the 
        heading ``United States International Development Finance 
        Corporation'' and, when so transferred, may be used for the 
        costs of activities described in subsections (b) and (c) of 
        section 1421 of the BUILD Act of 2018:  Provided, That such 
        funds shall be subject to the limitations provided in the 
        second, third, and fifth provisos under the heading ``United 
        States International Development Finance Corporation--Program 
        Account'' in this Act:  Provided further, That any transfer 
        executed pursuant to the transfer authority provided in this 
        paragraph shall not exceed 10 percent of an individual Compact 
        awarded pursuant to section 609(a) of the Millennium Challenge 
        Act of 2003 (Title VI of Public Law 108-199):  Provided further, 
        That such funds shall not be available for administrative 
        expenses of the United States International Development Finance 
        Corporation:  Provided 
        further, <<NOTE: Consultation. Notification.>>  That such 
        authority shall be subject to prior consultation with, and the 
        regular notification procedures of, the Committees on 
        Appropriations:  Provided further, That such transfers shall be 
        excluded from the limitation under paragraph (1):  Provided 
        further, That the transfer authority provided in this section is 
        in addition to any other transfer authority provided by law:  
        Provided further, <<NOTE: Deadline. Notification.>>  That within 
        60 days of the termination in whole or in part of the Compact 
        from which funds were transferred under this authority to the 
        United States International Development Finance Corporation, any 
        unobligated balances shall be transferred back to the Millennium 
        Challenge Corporation, subject to the regular notification 
        procedures of the Committees on Appropriations.

    (d) Transfer of Funds Between 
Accounts. <<NOTE: President. Deadline. Consultation. Policy 
justification.>> --None of the funds made available under titles II 
through V of this Act may be obligated under an appropriations account 
to which such funds were not appropriated, except for transfers 
specifically provided for in this Act, unless the President, not less 
than 5 days prior to the exercise of any authority contained in the 
Foreign Assistance Act of 1961 to transfer funds, consults with and 
provides a written policy justification to the Committees on 
Appropriations.

    (e) Audit of Inter-Agency Transfers of Funds.--Any agreement for the 
transfer or allocation of funds appropriated by this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs entered into between the Department of State or 
USAID and another agency of the United States Government under the 
authority of section 632(a) of the Foreign Assistance Act of 1961, or 
any comparable provision of law, shall expressly provide that the 
Inspector General (IG) for the agency receiving the transfer or 
allocation of such funds, or other entity with audit responsibility if 
the receiving agency does not have an IG, shall perform periodic program 
and

[[Page 136 STAT. 596]]

financial audits of the use of such funds and report to the Department 
of State or USAID, as appropriate, upon completion of such audits:  
Provided, That such audits shall be transmitted to the Committees on 
Appropriations by the Department of State or USAID, as appropriate:  
Provided further, That funds transferred under such authority may be 
made available for the cost of such audits.

             prohibition and limitation on certain expenses

    Sec. 7010. (a) First-Class Travel.--None of the funds made available 
by this Act may be used for first-class travel by employees of United 
States Government departments and agencies funded by this Act in 
contravention of section 301-10.122 through 301-10.124 of title 41, Code 
of Federal Regulations.
    (b) <<NOTE: Pornography.>>  Computer Networks.--None of the funds 
made available by this Act for the operating expenses of any United 
States Government department or agency may be used to establish or 
maintain a computer network for use by such department or agency unless 
such network has filters designed to block access to sexually explicit 
websites:  Provided, That nothing in this subsection shall limit the use 
of funds necessary for any Federal, State, tribal, or local law 
enforcement agency, or any other entity carrying out the following 
activities: criminal investigations, prosecutions, and adjudications; 
administrative discipline; and the monitoring of such websites 
undertaken as part of official business.

    (c) Prohibition on Promotion of Tobacco.--None of the funds made 
available by this Act shall be available to promote the sale or export 
of tobacco or tobacco products (including electronic nicotine delivery 
systems), or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products (including 
electronic nicotine delivery systems), except for restrictions which are 
not applied equally to all tobacco or tobacco products (including 
electronic nicotine delivery systems) of the same type.
    (d) Email Servers Outside the .gov Domain.--None of the funds 
appropriated by this Act under the headings ``Diplomatic Programs'' and 
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and 
``Capital Investment Fund'' in title II that are made available to the 
Department of State and the United States Agency for International 
Development may be made available to support the use or establishment of 
email accounts or email servers created outside the .gov domain or not 
fitted for automated records management as part of a Federal government 
records management program in contravention of the Presidential and 
Federal Records Act Amendments of 2014 (Public Law 113-187).
    (e) Representation and Entertainment Expenses.--Each Federal 
department, agency, or entity funded in titles I or II of this Act, and 
the Department of the Treasury and independent agencies funded in titles 
III or VI of this Act, shall take steps to ensure that domestic and 
overseas representation and entertainment expenses further official 
agency business and United States foreign policy interests, and--
            (1) are primarily for fostering relations outside of the 
        Executive Branch;
            (2) are principally for meals and events of a protocol 
        nature;
            (3) are not for employee-only events; and

[[Page 136 STAT. 597]]

            (4) do not include activities that are substantially of a 
        recreational character.

    (f) Limitations on Entertainment Expenses.--None of the funds 
appropriated or otherwise made available by this Act under the headings 
``International Military Education and Training'' or ``Foreign Military 
Financing Program'' for Informational Program activities or under the 
headings ``Global Health Programs'', ``Development Assistance'', 
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and 
Central Asia'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including entrance 
        fees at sporting events, theatrical and musical productions, and 
        amusement parks.

                          availability of funds

    Sec. 7011.  <<NOTE: Time period.>>  No part of any appropriation 
contained in this Act shall remain available for obligation after the 
expiration of the current fiscal year unless expressly so provided by 
this Act:  Provided, That funds appropriated for the purposes of 
chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of 
part II of the Foreign Assistance Act of 1961, section 23 of the Arms 
Export Control Act (22 U.S.C. 2763), and funds made available for 
``United States International Development Finance Corporation'' and 
under the heading ``Assistance for Europe, Eurasia and Central Asia'' 
shall remain available for an additional 4 years from the date on which 
the availability of such funds would otherwise have expired, if such 
funds are initially obligated before the expiration of their respective 
periods of availability contained in this Act:  Provided further, That 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of payments 
or economic policy reform objectives, shall remain available for an 
additional 4 years from the date on which the availability of such funds 
would otherwise have expired, if such funds are initially allocated or 
obligated before the expiration of their respective periods of 
availability contained in this Act:  Provided 
further, <<NOTE: Reports.>>  That the Secretary of State and the 
Administrator of the United States Agency for International Development 
shall provide a report to the Committees on Appropriations not later 
than October 31, 2022, detailing by account and source year, the use of 
this authority during the previous fiscal year.

            limitation on assistance to countries in default

    Sec. 7012.  <<NOTE: Time 
period. Loans. President. Determination. Consultation.>>  No part of any 
appropriation provided under titles III through VI in this Act shall be 
used to furnish assistance to the government of any country which is in 
default during a period in excess of 1 calendar year in payment to the 
United States of principal or interest on any loan made to the 
government of such country by the United States pursuant to a program 
for which funds are appropriated under this Act unless the President

[[Page 136 STAT. 598]]

determines, following consultation with the Committees on 
Appropriations, that assistance for such country is in the national 
interest of the United States.

           prohibition on taxation of united states assistance

    Sec. 7013. <<NOTE: Negotiation.>>  (a) Prohibition on Taxation.--
None of the funds appropriated under titles III through VI of this Act 
may be made available to provide assistance for a foreign country under 
a new bilateral agreement governing the terms and conditions under which 
such assistance is to be provided unless such agreement includes a 
provision stating that assistance provided by the United States shall be 
exempt from taxation, or reimbursed, by the foreign government, and the 
Secretary of State and the Administrator of the United States Agency for 
International Development shall expeditiously seek to negotiate 
amendments to existing bilateral agreements, as necessary, to conform 
with this requirement.

    (b) <<NOTE: Deadline.>>  Notification and Reimbursement of Foreign 
Taxes.--An amount equivalent to 200 percent of the total taxes assessed 
during fiscal year 2022 on funds appropriated by this Act and prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs by a foreign government or entity against United 
States assistance programs, either directly or through grantees, 
contractors, and subcontractors, shall be withheld from obligation from 
funds appropriated for assistance for fiscal year 2023 and for prior 
fiscal years and allocated for the central government of such country or 
for the West Bank and Gaza program, as applicable, if, not later than 
September 30, 2023, such taxes have not been reimbursed.

    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for each 
foreign government or entity pursuant to subsection (b) shall be 
reprogrammed for assistance for countries which do not assess taxes on 
United States assistance or which have an effective arrangement that is 
providing substantial reimbursement of such taxes, and that can 
reasonably accommodate such assistance in a programmatically responsible 
manner.
    (e) Determinations.--
            (1) <<NOTE: Assessments. Reports.>>  In general.--The 
        provisions of this section shall not apply to any foreign 
        government or entity that assesses such taxes if the Secretary 
        of State reports to the Committees on Appropriations that--
                    (A) such foreign government or entity has an 
                effective arrangement that is providing substantial 
                reimbursement of such taxes; or
                    (B) the foreign policy interests of the United 
                States outweigh the purpose of this section to ensure 
                that United States assistance is not subject to 
                taxation.
            (2) <<NOTE: Time period.>>  Consultation.--The Secretary of 
        State shall consult with the Committees on Appropriations at 
        least 15 days prior to exercising the authority of this 
        subsection with regard to any foreign government or entity.

    (f) <<NOTE: Regulations. Guidance.>>  Implementation.--The Secretary 
of State shall issue and update rules, regulations, or policy guidance, 
as appropriate, to implement the prohibition against the taxation of 
assistance contained in this section.

[[Page 136 STAT. 599]]

    (g) Definitions.--As used in this section:
            (1) Bilateral agreement.--The term ``bilateral agreement'' 
        refers to a framework bilateral agreement between the Government 
        of the United States and the government of the country receiving 
        assistance that describes the privileges and immunities 
        applicable to United States foreign assistance for such country 
        generally, or an individual agreement between the Government of 
        the United States and such government that describes, among 
        other things, the treatment for tax purposes that will be 
        accorded the United States assistance provided under that 
        agreement.
            (2) Taxes and taxation.--The term ``taxes and taxation'' 
        shall include value added taxes and customs duties but shall not 
        include individual income taxes assessed to local staff.

                          reservations of funds

    Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III 
through VI of this Act which are specifically designated may be 
reprogrammed for other programs within the same account notwithstanding 
the designation if compliance with the designation is made impossible by 
operation of any provision of this or any other Act:  
Provided, <<NOTE: Notification.>>  That any such reprogramming shall be 
subject to the regular notification procedures of the Committees on 
Appropriations:  Provided further, That assistance that is reprogrammed 
pursuant to this subsection shall be made available under the same terms 
and conditions as originally provided.

    (b) Extension of Availability. <<NOTE: Determination. Reports.>> --
In addition to the authority contained in subsection (a), the original 
period of availability of funds appropriated by this Act and 
administered by the Department of State or the United States Agency for 
International Development that are specifically designated for 
particular programs or activities by this or any other Act may be 
extended for an additional fiscal year if the Secretary of State or the 
USAID Administrator, as appropriate, determines and reports promptly to 
the Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such designated funds can be obligated during the original period of 
availability:  Provided, That such designated funds that continue to be 
available for an additional fiscal year shall be obligated only for the 
purpose of such designation.

    (c) Other Acts.--Ceilings and specifically designated funding levels 
contained in this Act shall not be applicable to funds or authorities 
appropriated or otherwise made available by any subsequent Act unless 
such Act specifically so directs:  Provided, That specifically 
designated funding levels or minimum funding requirements contained in 
any other Act shall not be applicable to funds appropriated by this Act.

                        notification requirements

    Sec. 7015. <<NOTE: Deadlines.>> (a) Notification of Changes in 
Programs, Projects, and Activities.--None of the funds made available in 
titles I, II, and VI, and under the headings ``Peace Corps'' and 
``Millennium Challenge Corporation'', of this Act or prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs to the departments and agencies funded by this Act that 
remain available for obligation in fiscal

[[Page 136 STAT. 600]]

year 2022, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees or of currency reflows or other 
offsetting collections, or made available by transfer, to the 
departments and agencies funded by this Act, shall be available for 
obligation to--
            (1) create new programs;
            (2) suspend or eliminate a program, project, or activity;
            (3) close, suspend, open, or reopen a mission or post;
            (4) create, close, reorganize, downsize, or rename bureaus, 
        centers, or offices; or
            (5) contract out or privatize any functions or activities 
        presently performed by Federal employees;

unless previously justified to the Committees on Appropriations or such 
Committees are notified 15 days in advance of such obligation.
    (b) Notification of Reprogramming of Funds.--None of the funds 
provided under titles I, II, and VI of this Act or prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs, to the departments and agencies funded under such 
titles that remain available for obligation in fiscal year 2022, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the department and agency funded 
under title I of this Act, shall be available for obligation or 
expenditure for programs, projects, or activities through a 
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever 
is less, that--
            (1) augments or changes existing programs, projects, or 
        activities;
            (2) relocates an existing office or employees;
            (3) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (4) results from any general savings, including savings from 
        a reduction in personnel, which would result in a change in 
        existing programs, projects, or activities as approved by 
        Congress;

unless the Committees on Appropriations are notified 15 days in advance 
of such reprogramming of funds.
    (c) Notification Requirement.--None of the funds made available by 
this Act under the headings ``Global Health Programs'', ``Development 
Assistance'', ``Economic Support Fund'', ``Democracy Fund'', 
``Assistance for Europe, Eurasia and Central Asia'', ``Peace Corps'', 
``Millennium Challenge Corporation'', ``International Narcotics Control 
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and 
Related Programs'', ``Peacekeeping Operations'', ``International 
Military Education and Training'', ``Foreign Military Financing 
Program'', ``International Organizations and Programs'', ``United States 
International Development Finance Corporation'', and ``Trade and 
Development Agency'' shall be available for obligation for programs, 
projects, activities, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount justified to the 
Committees on Appropriations for obligation under any of these specific 
headings unless the Committees on Appropriations are notified 15 days in 
advance of such obligation:  Provided, <<NOTE: President.>>  That the 
President shall not enter into any commitment of funds appropriated for 
the purposes of section 23 of the Arms Export Control Act for the 
provision of major defense

[[Page 136 STAT. 601]]

equipment, other than conventional ammunition, or other major defense 
items defined to be aircraft, ships, missiles, or combat vehicles, not 
previously justified to Congress or 20 percent in excess of the 
quantities justified to Congress unless the Committees on Appropriations 
are notified 15 days in advance of such commitment:  Provided further, 
That requirements of this subsection or any similar provision of this or 
any other Act shall not apply to any reprogramming for a program, 
project, or activity for which funds are appropriated under titles III 
through VI of this Act of less than 10 percent of the amount previously 
justified to Congress for obligation for such program, project, or 
activity for the current fiscal year:  Provided further, That any 
notification submitted pursuant to subsection (f) of this section shall 
include information (if known on the date of transmittal of such 
notification) on the use of notwithstanding authority.

    (d) Department of Defense Programs and Funding Notifications.--
            (1) Programs. <<NOTE: Consultation.>> --None of the funds 
        appropriated by this Act or prior Acts making appropriations for 
        the Department of State, foreign operations, and related 
        programs may be made available to support or continue any 
        program initially funded under any authority of title 10, United 
        States Code, or any Act making or authorizing appropriations for 
        the Department of Defense, unless the Secretary of State, in 
        consultation with the Secretary of Defense and in accordance 
        with the regular notification procedures of the Committees on 
        Appropriations, submits a justification to such Committees that 
        includes a description of, and the estimated costs associated 
        with, the support or continuation of such program.
            (2) Funding.--Notwithstanding any other provision of law, 
        funds transferred by the Department of Defense to the Department 
        of State and the United States Agency for International 
        Development for assistance for foreign countries and 
        international organizations shall be subject to the regular 
        notification procedures of the Committees on Appropriations.
            (3) Notification on excess defense articles.--Prior to 
        providing excess Department of Defense articles in accordance 
        with section 516(a) of the Foreign Assistance Act of 1961, the 
        Department of Defense shall notify the Committees on 
        Appropriations to the same extent and under the same conditions 
        as other committees pursuant to subsection (f) of that section:  
        Provided, That before issuing a letter of offer to sell excess 
        defense articles under the Arms Export Control Act, the 
        Department of Defense shall notify the Committees on 
        Appropriations in accordance with the regular notification 
        procedures of such Committees if such defense articles are 
        significant military equipment (as defined in section 47(9) of 
        the Arms Export Control Act) or are valued (in terms of original 
        acquisition cost) at $7,000,000 or more, or if notification is 
        required elsewhere in this Act for the use of appropriated funds 
        for specific countries that would receive such excess defense 
        articles:  Provided further, That such Committees shall also be 
        informed of the original acquisition cost of such defense 
        articles.

    (e) Waiver.--The requirements of this section or any similar 
provision of this Act or any other Act, including any prior Act 
requiring notification in accordance with the regular notification

[[Page 136 STAT. 602]]

procedures of the Committees on Appropriations, may be waived if failure 
to do so would pose a substantial risk to human health or welfare:  
Provided, That in case of any such waiver, notification to the 
Committees on Appropriations shall be provided as early as practicable, 
but in no event later than 3 days after taking the action to which such 
notification requirement was applicable, in the context of the 
circumstances necessitating such waiver:  Provided further, That any 
notification provided pursuant to such a waiver shall contain an 
explanation of the emergency circumstances.
    (f) Country Notification Requirements.--None of the funds 
appropriated under titles III through VI of this Act may be obligated or 
expended for assistance for Afghanistan, Bahrain, Burma, Cambodia, 
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, 
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, 
Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri 
Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except 
as provided through the regular notification procedures of the 
Committees on Appropriations.
    (g) Trust Funds.--Funds appropriated or otherwise made available in 
title III of this Act and prior Acts making funds available for the 
Department of State, foreign operations, and related programs that are 
made available for a trust fund held by an international financial 
institution shall be subject to the regular notification procedures of 
the Committees on Appropriations, and such notification shall include 
the information specified under this section in House Report 117-84.
    (h) Other Program Notification Requirement.--
            (1) <<NOTE: Consultation.>>  Diplomatic programs.--Funds 
        appropriated under title I of this Act under the heading 
        ``Diplomatic Programs'' that are made available for lateral 
        entry into the Foreign Service shall be subject to prior 
        consultation with, and the regular notification procedures of, 
        the Committees on Appropriations.
            (2) Other programs.--Funds appropriated by this Act that are 
        made available for the following programs and activities shall 
        be subject to the regular notification procedures of the 
        Committees on Appropriations:
                    (A) the Global Engagement Center;
                    (B) the Power Africa and Prosper Africa initiatives;
                    (C) community-based police assistance conducted 
                pursuant to the authority of section 7035(a)(1) of this 
                Act;
                    (D) the Prevention and Stabilization Fund and the 
                Multi-Donor Global Fragility Fund;
                    (E) the Indo-Pacific Strategy;
                    (F) the Countering PRC Influence Fund and the 
                Countering Russian Influence Fund; and
                    (G) the Gender Equity and Equality Action Fund.
            (3) <<NOTE: Consultation.>>  Democracy program policy and 
        procedures.--Modifications to democracy program policy and 
        procedures, including relating to the use of consortia, by the 
        Department of State and USAID shall be subject to prior 
        consultation with, and the regular notification procedures of, 
        the Committees on Appropriations.
            (4) <<NOTE: Reports. Certifications.>>  Arms sales.--The 
        reports, notifications, and certifications, and any other 
        documents, required to be submitted pursuant to section 36(a) of 
        the Arms Export Control Act (22

[[Page 136 STAT. 603]]

        U.S.C. 2776), and such documents submitted pursuant to section 
        36(b) through (d) of such Act with respect to countries that 
        have received assistance provided with funds appropriated by 
        this Act or prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs, shall be 
        concurrently submitted to the Committees on Appropriations and 
        shall include information about the source of funds for any sale 
        or transfer, as applicable, if known at the time of submission.

    (i) Withholding of Funds.--Funds appropriated by this Act under 
titles III and IV that are withheld from obligation or otherwise not 
programmed as a result of application of a provision of law in this or 
any other Act shall, if reprogrammed, be subject to the regular 
notification procedures of the Committees on Appropriations.
    (j) <<NOTE: Time period.>>  Prior Consultation Requirement.--The 
Secretary of State, the Administrator of the United States Agency for 
International Development, the Chief Executive Officer of the United 
States International Development Finance Corporation, and the Chief 
Executive Officer of the Millennium Challenge Corporation shall consult 
with the Committees on Appropriations at least 7 days prior to informing 
a government of, or publically announcing a decision on, the suspension 
or early termination of assistance to a country or a territory, 
including as a result of an interagency review of such assistance, from 
funds appropriated by this Act or prior Acts making appropriations for 
the Department of State, foreign operations, and related programs:  
Provided, That such consultation shall include a detailed justification 
for such suspension, including a description of the assistance being 
suspended.

documents, report posting, records management, and related cybersecurity 
                               protections

    Sec. 7016. (a) Document Requests.--None of the funds appropriated or 
made available pursuant to titles III through VI of this Act shall be 
available to a nongovernmental organization, including any contractor, 
which fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the Department of State and 
the United States Agency for International Development.
    (b) Public Posting of Reports.--
            (1) Except as provided in paragraphs (2) and (3), any report 
        required by this Act to be submitted to Congress by any Federal 
        agency receiving funds made available by this Act shall be 
        posted on the public Web site of such agency not later than 45 
        days following the receipt of such report by Congress.
            (2) Paragraph (1) shall not apply to a report if--
                    (A) the public posting of the report would 
                compromise national security, including the conduct of 
                diplomacy;
                    (B) the report contains proprietary or other 
                privileged information; or
                    (C) the public posting of the report is specifically 
                exempted in the explanatory statement described in 
                section 4 (in the matter preceding division A of this 
                consolidated Act).

[[Page 136 STAT. 604]]

            (3) The agency posting such report shall do so only after 
        the report has been made available to the Committees on 
        Appropriations.

    (c) Records Management and Related Cybersecurity Protections.--The 
Secretary of State and USAID Administrator shall--
            (1) <<NOTE: Review. Updates. Compliance.>>  regularly review 
        and update the policies, directives, and oversight necessary to 
        comply with Federal statutes, regulations, and presidential 
        executive orders and memoranda concerning the preservation of 
        all records made or received in the conduct of official 
        business, including record emails, instant messaging, and other 
        online tools;
            (2) use funds appropriated by this Act under the headings 
        ``Diplomatic Programs'' and ``Capital Investment Fund'' in title 
        I, and ``Operating Expenses'' and ``Capital Investment Fund'' in 
        title II, as appropriate, to improve Federal records management 
        pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29, 
        31, and 33) and other applicable Federal records management 
        statutes, regulations, or policies for the Department of State 
        and USAID;
            (3) direct departing employees, including senior officials, 
        that all Federal records generated by such employees belong to 
        the Federal Government;
            (4) substantially reduce, compared to the previous fiscal 
        year, the response time for identifying and retrieving Federal 
        records, including requests made pursuant to section 552 of 
        title 5, United States Code (commonly known as the ``Freedom of 
        Information Act''); and
            (5) <<NOTE: Implementation. Recommenda- tions.>>  strengthen 
        cybersecurity measures to mitigate vulnerabilities, including 
        those resulting from the use of personal email accounts or 
        servers outside the .gov domain, improve the process to identify 
        and remove inactive user accounts, update and enforce guidance 
        related to the control of national security information, and 
        implement the recommendations of the applicable reports of the 
        cognizant Office of Inspector General.

                use of funds in contravention of this act

    Sec. 7017. 
<<NOTE: President. Determinations. Notification. Deadline.>> If the 
President makes a determination not to comply with any provision of this 
Act on constitutional grounds, the head of the relevant Federal agency 
shall notify the Committees on Appropriations in writing within 5 days 
of such determination, the basis for such determination and any 
resulting changes to program or policy.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds

[[Page 136 STAT. 605]]

made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for any biomedical research which 
relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family 
planning. <<NOTE: President. Certification.>>  None of the funds made 
available to carry out part I of the Foreign Assistance Act of 1961, as 
amended, may be obligated or expended for any country or organization if 
the President certifies that the use of these funds by any such country 
or organization would violate any of the above provisions related to 
abortions and involuntary sterilizations.

                         allocations and reports

    Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds 
appropriated by this Act under titles III through V shall be made 
available in the amounts specifically designated in the respective 
tables included in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act):  Provided, 
That such designated amounts for foreign countries and international 
organizations shall serve as the amounts for such countries and 
international organizations transmitted to Congress in the report 
required by section 653(a) of the Foreign Assistance Act of 1961, and 
shall be made available for such foreign countries and international 
organizations notwithstanding the date of the transmission of such 
report.
    (b) Authorized Deviations.--Unless otherwise provided for by this 
Act, the Secretary of State and the Administrator of the United States 
Agency for International Development, as applicable, may only deviate up 
to 10 percent from the amounts specifically designated in the respective 
tables included in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act):  
Provided, <<NOTE: Determination.>>  That such percentage may be exceeded 
only if the Secretary of State or USAID Administrator, as applicable, 
determines and reports in writing to the Committees on Appropriations on 
a case-by-case basis that such deviation is necessary to respond to 
significant, exigent, or unforeseen events, or to address other 
exceptional circumstances directly related to the national security 
interest of the United States, including a description of such events or 
circumstances:  Provided further, <<NOTE: Consultation. Notification.>>  
That deviations pursuant to the preceding proviso shall be subject to 
prior consultation with, and the regular notification procedures of, the 
Committees on Appropriations.

    (c) Limitation.--For specifically designated amounts that are 
included, pursuant to subsection (a), in the report required by section 
653(a) of the Foreign Assistance Act of 1961, deviations authorized by 
subsection (b) may only take place after submission of such report.
    (d) Exceptions.--
            (1) Subsections (a) and (b) shall not apply to--
                    (A) amounts designated for ``International Military 
                Education and Training'' in the respective tables 
                included in the explanatory statement described in 
                section 4 (in the matter preceding division A of this 
                consolidated Act);
                    (B) funds for which the initial period of 
                availability has expired; and
                    (C) amounts designated by this Act as minimum 
                funding requirements.

[[Page 136 STAT. 606]]

            (2) The authority of subsection (b) to deviate from amounts 
        designated in the respective tables included in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act) shall not apply to the 
        table included under the heading ``Global Health Programs'' in 
        such statement.
            (3) <<NOTE: Applicability.>>  With respect to the amounts 
        designated for ``Global Programs'' in the table under the 
        heading ``Economic Support Fund'' included in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act), the matter preceding the 
        first proviso in subsection (b) of this section shall be applied 
        by substituting ``5 percent'' for ``10 percent'', and the 
        provisos in such subsection (b) shall not apply.

    (e) Reports.--The Secretary of State, USAID Administrator, and other 
designated officials, as appropriate, shall submit the reports required, 
in the manner described, in House Report 117-84 and the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), unless directed otherwise in such explanatory 
statement.
    (f) Clarification.--Funds appropriated by this Act under the 
headings ``International Disaster Assistance'' and ``Migration and 
Refugee Assistance'' shall not be included for purposes of meeting 
amounts designated for countries in this Act, unless such headings are 
specifically designated as the source of funds.

                           multi-year pledges

    Sec. 7020.  <<NOTE: Notification. Consultation. Time period.>>  None 
of the funds appropriated or otherwise made available by this Act may be 
used to make any pledge for future year funding for any multilateral or 
bilateral program funded in titles III through VI of this Act unless 
such pledge was: (1) previously justified, including the projected 
future year costs, in a congressional budget justification; (2) included 
in an Act making appropriations for the Department of State, foreign 
operations, and related programs or previously authorized by an Act of 
Congress; (3) notified in accordance with the regular notification 
procedures of the Committees on Appropriations, including the projected 
future year costs; or (4) the subject of prior consultation with the 
Committees on Appropriations and such consultation was conducted at 
least 7 days in advance of the pledge.

   prohibition on assistance to governments supporting international 
                                terrorism

    Sec. 7021. <<NOTE: President. Determinations.>>  (a) Lethal Military 
Equipment Exports.--
            (1) Prohibition.--None of the funds appropriated or 
        otherwise made available under titles III through VI of this Act 
        may be made available to any foreign government which provides 
        lethal military equipment to a country the government of which 
        the Secretary of State has determined supports international 
        terrorism for purposes of section 1754(c) of the Export Reform 
        Control Act of 2018 (50 U.S.C. 4813(c)):  
        Provided, <<NOTE: Termination date.>>  That the prohibition 
        under this section with respect to a foreign government shall 
        terminate 12 months after that government ceases to provide such 
        military equipment:  Provided further,

[[Page 136 STAT. 607]]

        That this <<NOTE: Applicability.>>  section applies with respect 
        to lethal military equipment provided under a contract entered 
        into after October 1, 1997.
            (2) Determination.--Assistance restricted by paragraph (1) 
        or any other similar provision of law, may be furnished if the 
        President determines that to do so is important to the national 
        interest of the United States.
            (3) <<NOTE: Estimate.>>  Report.--Whenever the President 
        makes a determination pursuant to paragraph (2), the President 
        shall submit to the Committees on Appropriations a report with 
        respect to the furnishing of such assistance, including a 
        detailed explanation of the assistance to be provided, the 
        estimated dollar amount of such assistance, and an explanation 
        of how the assistance furthers the United States national 
        interest.

    (b) Bilateral Assistance.--
            (1) Limitations.--Funds appropriated for bilateral 
        assistance in titles III through VI of this Act and funds 
        appropriated under any such title in prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs, shall not be made available to any foreign 
        government which the President determines--
                    (A) grants sanctuary from prosecution to any 
                individual or group which has committed an act of 
                international terrorism;
                    (B) otherwise supports international terrorism; or
                    (C) is controlled by an organization designated as a 
                terrorist organization under section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189).
            (2) Waiver.--The President may waive the application of 
        paragraph (1) to a government if the President determines that 
        national security or humanitarian reasons justify such waiver:  
        Provided, <<NOTE: Federal 
        Register, publication. Deadline. Notification.>>  That the 
        President shall publish each such waiver in the Federal Register 
        and, at least 15 days before the waiver takes effect, shall 
        notify the Committees on Appropriations of the waiver (including 
        the justification for the waiver) in accordance with the regular 
        notification procedures of the Committees on Appropriations.

                       authorization requirements

    Sec. 7022.  Funds appropriated by this Act, except funds 
appropriated under the heading ``Trade and Development Agency'', may be 
obligated and expended notwithstanding section 10 of Public Law 91-672 
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and 
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
3094(a)(1)).

              definition of program, project, and activity

    Sec. 7023.  For the purpose of titles II through VI of this Act 
``program, project, and activity'' shall be defined at the 
appropriations Act account level and shall include all appropriations 
and authorizations Acts funding directives, ceilings, and limitations 
with the exception that for the ``Economic Support Fund'', ``Assistance 
for Europe, Eurasia and Central Asia'', and ``Foreign Military Financing 
Program'' accounts, ``program, project, and activity'' shall

[[Page 136 STAT. 608]]

also be considered to include country, regional, and central program 
level funding within each such account, and for the development 
assistance accounts of the United States Agency for International 
Development, ``program, project, and activity'' shall also be considered 
to include central, country, regional, and program level funding, either 
as--
            (1) justified to Congress; or
            (2) allocated by the Executive Branch in accordance with the 
        report required by section 653(a) of the Foreign Assistance Act 
        of 1961 or as modified pursuant to section 7019 of this Act.

 authorities for the peace corps, inter-american foundation, and united 
                  states african development foundation

    Sec. 7024.  Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for the Department of State, 
foreign operations, and related programs, shall not be construed to 
prohibit activities authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act, or the African Development 
Foundation Act:  Provided, <<NOTE: Consultation. Reports.>>  That prior 
to conducting activities in a country for which assistance is 
prohibited, the agency shall consult with the Committees on 
Appropriations and report to such Committees within 15 days of taking 
such action.

                 commerce, trade and surplus commodities

    Sec. 7025. (a) World Markets.--None of the funds appropriated or 
made available pursuant to titles III through VI of this Act for direct 
assistance and none of the funds otherwise made available to the Export-
Import Bank and the United States International Development Finance 
Corporation shall be obligated or expended to finance any loan, any 
assistance, or any other financial commitments for establishing or 
expanding production of any commodity for export by any country other 
than the United States, if the commodity is likely to be in surplus on 
world markets at the time the resulting productive capacity is expected 
to become operative and if the assistance will cause substantial injury 
to United States producers of the same, similar, or competing commodity: 
 Provided, <<NOTE: Notification.>>  That such prohibition shall not 
apply to the Export-Import Bank if in the judgment of its Board of 
Directors the benefits to industry and employment in the United States 
are likely to outweigh the injury to United States producers of the 
same, similar, or competing commodity, and the Chairman of the Board so 
notifies the Committees on Appropriations:  Provided further, That this 
subsection shall not prohibit--
            (1) activities in a country that is eligible for assistance 
        from the International Development Association, is not eligible 
        for assistance from the International Bank for Reconstruction 
        and Development, and does not export on a consistent basis the 
        agricultural commodity with respect to which assistance is 
        furnished; or
            (2) <<NOTE: President. Determination.>>  activities in a 
        country the President determines is recovering from widespread 
        conflict, a humanitarian crisis, or a complex emergency.

    (b) Exports.--None of the funds appropriated by this or any other 
Act to carry out chapter 1 of part I of the Foreign Assistance

[[Page 136 STAT. 609]]

Act of 1961 shall be available for any testing or breeding feasibility 
study, variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in a 
foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United States: 
 Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact on the export of agricultural commodities of 
        the United States;
            (2) research activities intended primarily to benefit United 
        States producers;
            (3) activities in a country that is eligible for assistance 
        from the International Development Association, is not eligible 
        for assistance from the International Bank for Reconstruction 
        and Development, and does not export on a consistent basis the 
        agricultural commodity with respect to which assistance is 
        furnished; or
            (4) <<NOTE: President. Determination.>>  activities in a 
        country the President determines is recovering from widespread 
        conflict, a humanitarian crisis, or a complex emergency.

    (c) <<NOTE: 22 USC 262h note.>>  International Financial 
Institutions.--The Secretary of the Treasury shall instruct the United 
States executive director of each international financial institution to 
use the voice and vote of the United States to oppose any assistance by 
such institution, using funds appropriated or otherwise made available 
by this Act, for the production or extraction of any commodity or 
mineral for export, if it is in surplus on world markets and if the 
assistance will cause substantial injury to United States producers of 
the same, similar, or competing commodity.

                            separate accounts

    Sec. 7026. <<NOTE: 22 USC 2362 note.>>  (a) Separate Accounts for 
Local Currencies.--
            (1) Agreements.--If assistance is furnished to the 
        government of a foreign country under chapters 1 and 10 of part 
        I or chapter 4 of part II of the Foreign Assistance Act of 1961 
        under agreements which result in the generation of local 
        currencies of that country, the Administrator of the United 
        States Agency for International Development shall--
                    (A) <<NOTE: Requirements.>>  require that local 
                currencies be deposited in a separate account 
                established by that government;
                    (B) enter into an agreement with that government 
                which sets forth--
                          (i) the amount of the local currencies to be 
                      generated; and
                          (ii) the terms and conditions under which the 
                      currencies so deposited may be utilized, 
                      consistent with this section; and
                    (C) establish by agreement with that government the 
                responsibilities of USAID and that government to monitor 
                and account for deposits into and disbursements from the 
                separate account.
            (2) Uses of local currencies.--As may be agreed upon with 
        the foreign government, local currencies deposited in a

[[Page 136 STAT. 610]]

        separate account pursuant to subsection (a), or an equivalent 
        amount of local currencies, shall be used only--
                    (A) to carry out chapter 1 or 10 of part I or 
                chapter 4 of part II of the Foreign Assistance Act of 
                1961 (as the case may be), for such purposes as--
                          (i) project and sector assistance activities; 
                      or
                          (ii) debt and deficit financing; or
                    (B) for the administrative requirements of the 
                United States Government.
            (3) Programming accountability.--USAID shall take all 
        necessary steps to ensure that the equivalent of the local 
        currencies disbursed pursuant to subsection (a)(2)(A) from the 
        separate account established pursuant to subsection (a)(1) are 
        used for the purposes agreed upon pursuant to subsection (a)(2).
            (4) Termination of assistance programs.--Upon termination of 
        assistance to a country under chapter 1 or 10 of part I or 
        chapter 4 of part II of the Foreign Assistance Act of 1961 (as 
        the case may be), any unencumbered balances of funds which 
        remain in a separate account established pursuant to subsection 
        (a) shall be disposed of for such purposes as may be agreed to 
        by the government of that country and the United States 
        Government.

    (b) Separate Accounts for Cash Transfers.--
            (1) <<NOTE: Requirement.>>  In general.--If assistance is 
        made available to the government of a foreign country, under 
        chapter 1 or 10 of part I or chapter 4 of part II of the Foreign 
        Assistance Act of 1961, as cash transfer assistance or as 
        nonproject sector assistance, that country shall be required to 
        maintain such funds in a separate account and not commingle with 
        any other funds.
            (2) Applicability of other provisions of law.--Such funds 
        may be obligated and expended notwithstanding provisions of law 
        which are inconsistent with the nature of this assistance, 
        including provisions which are referenced in the Joint 
        Explanatory Statement of the Committee of Conference 
        accompanying House Joint Resolution 648 (House Report No. 98-
        1159).
            (3) <<NOTE: Time period. President.>>  Notification.--At 
        least 15 days prior to obligating any such cash transfer or 
        nonproject sector assistance, the President shall submit a 
        notification through the regular notification procedures of the 
        Committees on Appropriations, which shall include a detailed 
        description of how the funds proposed to be made available will 
        be used, with a discussion of the United States interests that 
        will be served by such assistance (including, as appropriate, a 
        description of the economic policy reforms that will be promoted 
        by such assistance).
            (4) <<NOTE: Notification.>>  Exemption.--Nonproject sector 
        assistance funds may be exempt from the requirements of 
        paragraph (1) only through the regular notification procedures 
        of the Committees on Appropriations.

                       eligibility for assistance

    Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental

[[Page 136 STAT. 611]]

organizations from funds appropriated by this Act to carry out the 
provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 and from funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'':  
Provided, <<NOTE: President. Notification.>>  That before using the 
authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations pursuant to the regular notification 
procedures, including a description of the program to be assisted, the 
assistance to be provided, and the reasons for furnishing such 
assistance:  Provided further, <<NOTE: Abortion. Sterilization.>>  That 
nothing in this subsection shall be construed to alter any existing 
statutory prohibitions against abortion or involuntary sterilizations 
contained in this or any other Act.

    (b) <<NOTE: Notification.>>  Public Law 480.--During fiscal year 
2022, restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): 
 Provided, That none of the funds appropriated to carry out title I of 
such Act and made available pursuant to this subsection may be obligated 
or expended except as provided through the regular notification 
procedures of the Committees on Appropriations.

    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                           disability programs

    Sec. 7028. (a) Assistance.--Of the funds appropriated by this Act 
under the heading ``Development Assistance'', not less than $15,000,000 
shall be made available for programs and activities administered by the 
United States Agency for International Development to address the needs 
and protect and promote the rights of people with disabilities in 
developing countries, including initiatives that focus on independent 
living, economic self-sufficiency, advocacy, education, employment, 
transportation, sports, political and electoral participation, and 
integration of individuals with disabilities, including for the cost of 
translation:  Provided, That funds shall be made available to support 
disability rights advocacy organizations in developing countries.
    (b) Management, Oversight, and Technical Support.--Of the funds made 
available pursuant to this section, 5 percent may be used by USAID for 
management, oversight, and technical support.

                  international financial institutions

    Sec. 7029. <<NOTE: Public information.>>  (a) Evaluations.--The 
Secretary of the Treasury shall instruct the United States executive 
director of each international financial institution to use the voice of 
the United States to encourage such institution to adopt and implement a 
publicly available policy, including the strategic use of peer reviews 
and

[[Page 136 STAT. 612]]

external experts, to conduct independent, in-depth evaluations of the 
effectiveness of at least 35 percent of all loans, grants, programs, and 
significant analytical non-lending activities in advancing the 
institution's goals of reducing poverty and promoting equitable economic 
growth, consistent with relevant safeguards, to ensure that decisions to 
support such loans, grants, programs, and activities are based on 
accurate data and objective analysis.

    (b) Safeguards.--
            (1) <<NOTE: Effective date.>>  Standard.--The Secretary of 
        the Treasury shall instruct the United States Executive Director 
        of the International Bank for Reconstruction and Development and 
        the International Development Association to use the voice and 
        vote of the United States to oppose any loan, grant, policy, or 
        strategy if such institution has adopted and is implementing any 
        social or environmental safeguard relevant to such loan, grant, 
        policy, or strategy that provides less protection than World 
        Bank safeguards in effect on September 30, 2015.
            (2) Accountability, standards, and best practices.--The 
        Secretary of the Treasury shall instruct the United States 
        executive director of each international financial institution 
        to use the voice and vote of the United States to oppose loans 
        or other financing for projects unless such projects--
                    (A) provide for accountability and transparency, 
                including the collection, verification, and publication 
                of beneficial ownership information related to 
                extractive industries and on-site monitoring during the 
                life of the project;
                    (B) will be developed and carried out in accordance 
                with best practices regarding environmental 
                conservation, cultural protection, and empowerment of 
                local populations, including free, prior and informed 
                consent of affected Indigenous communities;
                    (C) <<NOTE: Human rights.>>  do not provide 
                incentives for, or facilitate, forced displacement or 
                other violations of human rights; and
                    (D) do not partner with or otherwise involve 
                enterprises owned or controlled by the armed forces.

    (c) Compensation.--None of the funds appropriated under title V of 
this Act may be made as payment to any international financial 
institution while the United States executive director to such 
institution is compensated by the institution at a rate which, together 
with whatever compensation such executive director receives from the 
United States, is in excess of the rate provided for an individual 
occupying a position at level IV of the Executive Schedule under section 
5315 of title 5, United States Code, or while any alternate United 
States executive director to such institution is compensated by the 
institution at a rate in excess of the rate provided for an individual 
occupying a position at level V of the Executive Schedule under section 
5316 of title 5, United States Code.
    (d) Human Rights.--The Secretary of the Treasury shall instruct the 
United States executive director of each international financial 
institution to use the voice and vote of the United States to promote 
human rights due diligence and risk management, as appropriate, in 
connection with any loan, grant, policy, or strategy of such institution 
in accordance with the requirements specified under this subsection in 
House Report 117-84:  Provided, <<NOTE: Consultation.>>  That prior to 
voting on any such loan, grant, policy, or strategy the

[[Page 136 STAT. 613]]

executive director shall consult with the Assistant Secretary for 
Democracy, Human Rights, and Labor, Department of State, if the 
executive director has reason to believe that such loan, grant, policy, 
or strategy could result in forced displacement or other violations of 
human rights.

    (e) Fraud and Corruption.--The Secretary of the Treasury shall 
instruct the United States executive director of each international 
financial institution to use the voice of the United States to include 
in loan, grant, and other financing agreements improvements in borrowing 
countries' financial management and judicial capacity to investigate, 
prosecute, and punish fraud and corruption.
    (f) Beneficial Ownership Information.--The Secretary of the Treasury 
shall instruct the United States executive director of each 
international financial institution to use the voice of the United 
States to encourage such institution to collect, verify, and publish, to 
the maximum extent practicable, beneficial ownership information 
(excluding proprietary information) for any corporation or limited 
liability company, other than a publicly listed company, that receives 
funds from any such financial institution.
    (g) Whistleblower Protections.--The Secretary of the Treasury shall 
instruct the United States executive director of each international 
financial institution to use the voice of the United States to encourage 
such institution to effectively implement and enforce policies and 
procedures which meet or exceed best practices in the United States for 
the protection of whistleblowers from retaliation, including--
            (1) protection against retaliation for internal and lawful 
        public disclosure;
            (2) legal burdens of proof;
            (3) statutes of limitation for reporting retaliation;
            (4) access to binding independent adjudicative bodies, 
        including shared cost and selection external arbitration; and
            (5) results that eliminate the effects of proven 
        retaliation, including provision for the restoration of prior 
        employment.

    (h) Grievance Mechanisms and Procedures.--The Secretary of the 
Treasury shall instruct the United States executive director of each 
international financial institution to use the voice and vote of the 
United States to support independent investigative and adjudicative 
mechanisms and procedures that meet or exceed best practices in the 
United States to provide due process and fair compensation, including 
the right to reinstatement, for employees who are subjected to 
harassment, discrimination, retaliation, false allegations, or other 
misconduct.
    (i) <<NOTE: President. Budget request. Determination. Reports.>>  
Capital Increases.--None of the funds appropriated by this Act or prior 
Acts making appropriations for the Department of State, foreign 
operations, and related programs should be made available to support a 
capital increase for an international financial institution until the 
President submits a budget request for such increase to Congress and 
determines and reports to the Committees on Appropriations that--
            (1) the institution has completed a thorough analysis of the 
        development challenges facing the relevant geographical region, 
        the role of the institution in addressing such challenges and 
        its role relative to other financing partners, and the steps to 
        be taken to enhance the efficiency and effectiveness of the 
        institution; and

[[Page 136 STAT. 614]]

            (2) the governors of such institution have approved the 
        capital increase.

                    insecure communications networks

    Sec. 7030.  Funds appropriated by this Act shall be made available 
for programs, including through the Digital Connectivity and 
Cybersecurity Partnership, to--
            (1) advance the adoption of secure, next-generation 
        communications networks and services, including 5G, and 
        cybersecurity policies, in countries receiving assistance under 
        this Act and prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs;
            (2) <<NOTE: China.>>  counter the establishment of insecure 
        communications networks and services, including 5G, promoted by 
        the People's Republic of China and other state-backed 
        enterprises that are subject to undue or extrajudicial control 
        by their country of origin; and
            (3) provide policy and technical training on deploying open, 
        interoperable, reliable, and secure networks to information 
        communication technology professionals in countries receiving 
        assistance under this Act, as appropriate:

  Provided, <<NOTE: Consultation.>>  That such funds may be used to 
support the participation of foreign military officials in programs 
designed to strengthen civilian cybersecurity capacity, following 
consultation with the Committees on Appropriations.

              financial management and budget transparency

    Sec. 7031. (a) Limitation on Direct Government-to-Government 
Assistance.--
            (1) Requirements.--Funds appropriated by this Act may be 
        made available for direct government-to-government assistance 
        only if the requirements included in section 7031(a)(1)(A) 
        through (E) of the Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2019 (division F of Public 
        Law 116-6) are fully met.
            (2) Consultation and notification.--In addition to the 
        requirements in paragraph (1), funds may only be made available 
        for direct government-to-government assistance subject to prior 
        consultation with, and the regular notification procedures of, 
        the Committees on Appropriations:  Provided, That such 
        notification shall contain an explanation of how the proposed 
        activity meets the requirements of paragraph (1):  Provided 
        further, <<NOTE: Applicability.>>  That the requirements of this 
        paragraph shall only apply to direct government-to-government 
        assistance in excess of $10,000,000 and all funds available for 
        cash transfer, budget support, and cash payments to individuals.
            (3) Suspension of assistance. <<NOTE: Reports.>> --The 
        Administrator of the United States Agency for International 
        Development or the Secretary of State, as appropriate, shall 
        suspend any direct government-to-government assistance if the 
        Administrator or the Secretary has credible information of 
        material misuse of such assistance, unless the Administrator or 
        the Secretary reports to the Committees on Appropriations that 
        it is in the national interest of the United States to continue 
        such assistance, including a justification, or that such misuse 
        has been appropriately addressed.

[[Page 136 STAT. 615]]

            (4) Submission of information.--The Secretary of State shall 
        submit to the Committees on Appropriations, concurrent with the 
        fiscal year 2023 congressional budget justification materials, 
        amounts planned for assistance described in paragraph (1) by 
        country, proposed funding amount, source of funds, and type of 
        assistance.
            (5) Debt service payment prohibition.--None of the funds 
        made available by this Act may be used by the government of any 
        foreign country for debt service payments owed by any country to 
        any international financial institution.

    (b) National Budget and Contract Transparency.--
            (1) <<NOTE: Updates.>>  Minimum requirements of fiscal 
        transparency.--The Secretary of State shall continue to update 
        and strengthen the ``minimum requirements of fiscal 
        transparency'' for each government receiving assistance 
        appropriated by this Act, as identified in the report required 
        by section 7031(b) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2014 
        (division K of Public Law 113-76).
            (2) <<NOTE: Public information. Web posting.>>  
        Determination and report.--For each government identified 
        pursuant to paragraph (1), the Secretary of State, not later 
        than 180 days after enactment of this Act, shall make or update 
        any determination of ``significant progress'' or ``no 
        significant progress'' in meeting the minimum requirements of 
        fiscal transparency, and make such determinations publicly 
        available in an annual ``Fiscal Transparency Report'' to be 
        posted on the Department of State website:  Provided, That such 
        report shall include the elements included under this section in 
        House Report 117-84.
            (3) Assistance.--Not less than $7,000,000 of the funds 
        appropriated by this Act under the heading ``Economic Support 
        Fund'' shall be made available for programs and activities to 
        assist governments identified pursuant to paragraph (1) to 
        improve budget transparency and to support civil society 
        organizations in such countries that promote budget 
        transparency.

    (c) <<NOTE: 8 USC 1182 note.>>  Anti-Kleptocracy and Human Rights.--
            (1) Ineligibility.--
                    (A) Officials of foreign governments and their 
                immediate family members about whom the Secretary of 
                State has credible information have been involved, 
                directly or indirectly, in significant corruption, 
                including corruption related to the extraction of 
                natural resources, or a gross violation of human rights, 
                including the wrongful detention of locally employed 
                staff of a United States diplomatic mission or a United 
                States citizen or national, shall be ineligible for 
                entry into the United States.
                    (B) Concurrent with the application of subparagraph 
                (A), the Secretary should, as appropriate, refer the 
                matter to the Office of Foreign Assets Control, 
                Department of the Treasury, to determine whether to 
                apply sanctions authorities in accordance with United 
                States law to block the transfer of property and 
                interests in property, and all financial transactions, 
                in the United States involving any person described in 
                such subparagraph.
                    (C) The Secretary shall also publicly or privately 
                designate or identify the officials of foreign 
                governments and

[[Page 136 STAT. 616]]

                their immediate family members about whom the Secretary 
                has such credible information without regard to whether 
                the individual has applied for a visa.
            (2) Exception.--Individuals shall not be ineligible for 
        entry into the United States pursuant to paragraph (1) if such 
        entry would further important United States law enforcement 
        objectives or is necessary to permit the United States to 
        fulfill its obligations under the United Nations Headquarters 
        Agreement:  Provided, That nothing in paragraph (1) shall be 
        construed to derogate from United States Government obligations 
        under applicable international agreements.
            (3) <<NOTE: Determination.>>  Waiver.--The Secretary may 
        waive the application of paragraph (1) if the Secretary 
        determines that the waiver would serve a compelling national 
        interest or that the circumstances which caused the individual 
        to be ineligible have changed sufficiently.
            (4) <<NOTE: Time periods. Termination date. Lists.>>  
        Report.--Not later than 30 days after enactment of this Act, and 
        every 90 days thereafter until September 30, 2023, the Secretary 
        of State shall submit a report, including a classified annex if 
        necessary, to the appropriate congressional committees and the 
        Committees on the Judiciary describing the information related 
        to corruption or violation of human rights concerning each of 
        the individuals found ineligible in the previous 12 months 
        pursuant to paragraph (1)(A) as well as the individuals who the 
        Secretary designated or identified pursuant to paragraph (1)(B), 
        or who would be ineligible but for the application of paragraph 
        (2), a list of any waivers provided under paragraph (3), and the 
        justification for each waiver.
            (5) Posting of report.--Any unclassified portion of the 
        report required under paragraph (4) shall be posted on the 
        Department of State website.
            (6) Clarification.--For purposes of paragraphs (1), (4), and 
        (5), the records of the Department of State and of diplomatic 
        and consular offices of the United States pertaining to the 
        issuance or refusal of visas or permits to enter the United 
        States shall not be considered confidential.

    (d) Extraction of Natural Resources.--
            (1) Assistance.--Funds appropriated by this Act shall be 
        made available to promote and support transparency and 
        accountability of expenditures and revenues related to the 
        extraction of natural resources, including by strengthening 
        implementation and monitoring of the Extractive Industries 
        Transparency Initiative, implementing and enforcing section 8204 
        of the Food, Conservation, and Energy Act of 2008 (Public Law 
        110-246; 122 Stat. 2052) and the amendments made by such 
        section, and to prevent the sale of conflict diamonds, and for 
        technical assistance to promote independent audit mechanisms and 
        support civil society participation in natural resource 
        management.
            (2) Public disclosure and independent audits.--(A) The 
        Secretary of the Treasury shall instruct the executive director 
        of each international financial institution to use the voice and 
        vote of the United States to oppose any assistance by such 
        institutions (including any loan, credit, grant, or guarantee) 
        to any country for the extraction and export of a natural 
        resource if the government of such country has in place laws,

[[Page 136 STAT. 617]]

        regulations, or procedures to prevent or limit the public 
        disclosure of company payments as required by United States law, 
        and unless such government has adopted laws, regulations, or 
        procedures in the sector in which assistance is being considered 
        that: (1) accurately account for and publicly disclose payments 
        to the government by companies involved in the extraction and 
        export of natural resources; (2) include independent auditing of 
        accounts receiving such payments and the public disclosure of 
        such audits; and (3) require public disclosure of agreement and 
        bidding documents, as appropriate.
            (B) The requirements of subparagraph (A) shall not apply to 
        assistance for the purpose of building the capacity of such 
        government to meet the requirements of such subparagraph.

    (e) Foreign Assistance Website.--Funds appropriated by this Act 
under titles I and II, and funds made available for any independent 
agency in title III, as appropriate, shall be made available to support 
the provision of additional information on United States Government 
foreign assistance on the ``ForeignAssistance.gov'' website:  Provided, 
That all Federal agencies funded under this Act shall provide such 
information on foreign assistance, upon request and in a timely manner, 
to the Department of State and USAID.

                           democracy programs

    Sec. 7032. (a) Funding.--
            (1) In general.--Of the funds appropriated by this Act under 
        the headings ``Development Assistance'', ``Economic Support 
        Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and 
        Central Asia'', and ``International Narcotics Control and Law 
        Enforcement'', not less than $2,600,000,000 should be made 
        available for democracy programs.
            (2) Programs.--Of the funds made available for democracy 
        programs under the headings ``Economic Support Fund'' and 
        ``Assistance for Europe, Eurasia and Central Asia'' pursuant to 
        paragraph (1), not less than $102,040,000 shall be made 
        available to the Bureau of Democracy, Human Rights, and Labor, 
        Department of State.

    (b) Authorities.--
            (1) Availability.--Funds made available by this Act for 
        democracy programs pursuant to subsection (a) and under the 
        heading ``National Endowment for Democracy'' may be made 
        available notwithstanding any other provision of law, and with 
        regard to the National Endowment for Democracy (NED), any 
        regulation.
            (2) Beneficiaries.--Funds made available by this Act for the 
        NED are made available pursuant to the authority of the National 
        Endowment for Democracy Act (title V of Public Law 98-164), 
        including all decisions regarding the selection of 
        beneficiaries.

    (c) Definition of Democracy Programs.--For purposes of funds 
appropriated by this Act, the term ``democracy programs'' means programs 
that support good governance, credible and competitive elections, 
freedom of expression, association, assembly, and religion, human 
rights, labor rights, independent media, and the rule of law, and that 
otherwise strengthen the capacity of democratic political parties, 
governments, nongovernmental

[[Page 136 STAT. 618]]

organizations and institutions, and citizens to support the development 
of democratic states and institutions that are responsive and 
accountable to citizens.
    (d) Program Prioritization.--Funds made available pursuant to this 
section that are made available for programs to strengthen government 
institutions shall be prioritized for those institutions that 
demonstrate a commitment to democracy and the rule of law.
    (e) Restrictions on Foreign Government Interference.--
            (1) Prior approval.--With respect to the provision of 
        assistance for democracy programs in this Act, the organizations 
        implementing such assistance, the specific nature of the 
        assistance, and the participants in such programs shall not be 
        subject to prior approval by the government of any foreign 
        country.
            (2) <<NOTE: Consultation. Negotiation.>>  Disclosure of 
        implementing partner information.--If the Secretary of State, in 
        consultation with the Administrator of the United States Agency 
        for International Development, determines that the government of 
        the country is undemocratic or has engaged in or condoned 
        harassment, threats, or attacks against organizations 
        implementing democracy programs, any new bilateral agreement 
        governing the terms and conditions under which assistance is 
        provided to such country shall not require the disclosure of the 
        names of implementing partners of democracy programs, and the 
        Secretary of State and the USAID Administrator shall 
        expeditiously seek to negotiate amendments to existing bilateral 
        agreements, as necessary, to conform to this requirement.
            (3) <<NOTE: Coordination. Termination date. Time 
        period. Compliance.>>  Reporting requirement.--The Secretary of 
        State, in coordination with the USAID Administrator, shall 
        submit a report to the appropriate congressional committees, not 
        later than 90 days after enactment of this Act and every 90 days 
        thereafter until September 30, 2023, detailing steps taken by 
        the Department of State and USAID to comply with the 
        requirements of this subsection.

    (f) Continuation of Current Practices.--USAID shall continue to 
implement civil society and political competition and consensus building 
programs abroad with funds appropriated by this Act in a manner that 
recognizes the unique benefits of grants and cooperative agreements in 
implementing such programs.
    (g) Digital Security and Countering Disinformation.--Democracy 
programs supported with funds appropriated by this Act under subsection 
(a)(1) should, as appropriate--
            (1) include--
                    (A) a component on digital security to enhance the 
                safety of implementers and beneficiaries;
                    (B) assistance for civil society organizations to 
                counter government surveillance, censorship, and 
                repression by digital means;
                    (C) efforts to combat weaponized technology, 
                including the misuse of social media to spread 
                disinformation or incite hate; and
                    (D) measures to prevent the digital manipulation of 
                elections, electoral data, and critical infrastructure; 
                and
            (2) incorporate activities to counter disinformation 
        propagated by malign actors, including the People's Republic of 
        China and the Russian Federation.

[[Page 136 STAT. 619]]

    (h) Informing the National Endowment for Democracy.--The Assistant 
Secretary for Democracy, Human Rights, and Labor, Department of State, 
and the Assistant Administrator for Democracy, Conflict, and 
Humanitarian Assistance, USAID, shall regularly inform the NED of 
democracy programs that are planned and supported with funds made 
available by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs.
    (i) Protection of Civil Society Activists and Journalists.--
            (1) Of the funds appropriated by this Act under the headings 
        ``Economic Support Fund'' and ``Democracy Fund'', not less than 
        $30,000,000 shall be made available to support and protect civil 
        society activists and journalists who have been threatened, 
        harassed, or attacked, including journalists affiliated with the 
        United States Agency for Global Media.

    (j) International Freedom of Expression and Independent Media.--Of 
the funds appropriated by this Act under the heading ``Economic Support 
Fund'', not less than $20,000,000 shall be made available for programs 
to protect international freedom of expression and independent media, 
including to implement the updated action plan required under section 
7032(h) of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2021 (division K of Public Law 116-260):  
Provided, That funds appropriated by this Act under the heading 
``Diplomatic Programs'' shall be made available to the Bureau of 
Democracy, Human Rights, and Labor, Department of State, and funds 
appropriated by this Act under the heading ``Operating Expenses'' shall 
be made available to the Bureau for Development, Democracy, and 
Innovation, USAID, for the costs of administering such programs.
    (k) Labor Programs Report and Consultation.--
            (1) Report.--Not later than 90 days after enactment of this 
        Act, the USAID Administrator shall submit a report to the 
        appropriate congressional committees detailing steps taken, or 
        planned to be taken, by USAID to build expertise and capacity 
        within the agency on implementing labor programs, in addition to 
        providing a description of current implementation efforts.
            (2) <<NOTE: Notification.>>  Consultation.--Funds 
        appropriated by this Act that are made available for labor 
        programs administered by USAID shall be subject to prior 
        consultation with, and the regular notification procedures of, 
        the Committees on Appropriations.

                     international religious freedom

    Sec. 7033. (a) International Religious Freedom Office.--Funds 
appropriated by this Act under the heading ``Diplomatic Programs'' shall 
be made available for the Office of International Religious Freedom, 
Department of State.
    (b) Assistance.--Funds appropriated by this Act under the headings 
``Economic Support Fund'', ``Democracy Fund'', and ``International 
Broadcasting Operations'' shall be made available for international 
religious freedom programs and funds appropriated by this Act under the 
headings ``International Disaster Assistance'' and ``Migration and 
Refugee Assistance'' shall be made available for humanitarian assistance 
for vulnerable and persecuted ethnic and religious minorities:  
Provided, <<NOTE: Consultation.>>  That funds made available by

[[Page 136 STAT. 620]]

this Act under the headings ``Economic Support Fund'' and ``Democracy 
Fund'' pursuant to this section shall be the responsibility of the 
Ambassador-at-Large for International Religious Freedom, in consultation 
with other relevant United States Government officials, and shall be 
subject to prior consultation with the Committees on Appropriations.

    (c) Authority.--Funds appropriated by this Act and prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs under the heading ``Economic Support Fund'' may be made 
available notwithstanding any other provision of law for assistance for 
ethnic and religious minorities in Iraq and Syria.
    (d) <<NOTE: Extension.>>  Designation of Non-State Actors.--Section 
7033(e) of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2017 (division J of Public Law 115-31) 
shall continue in effect during fiscal year 2022.

                           special provisions

    Sec. 7034. (a) Victims of War, Displaced Children, and Displaced 
Burmese.--Funds appropriated in title III of this Act that are made 
available for victims of war, displaced children, displaced Burmese, and 
to combat trafficking in persons and assist victims of such trafficking, 
may be made available notwithstanding any other provision of law.
    (b) Forensic Assistance.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $19,000,000 shall be 
        made available for forensic anthropology assistance related to 
        the exhumation and identification of victims of war crimes, 
        crimes against humanity, and genocide, which shall be 
        administered by the Assistant Secretary for Democracy, Human 
        Rights, and Labor, Department of State:  Provided, That such 
        funds shall be in addition to funds made available by this Act 
        and prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs for assistance 
        for countries.
            (2) Of the funds appropriated by this Act under the heading 
        ``International Narcotics Control and Law Enforcement'', not 
        less than $10,000,000 shall be made available for DNA forensic 
        technology programs to combat human trafficking in Central 
        America and Mexico.

    (c) Atrocities Prevention.--Of the funds appropriated by this Act 
under the headings ``Economic Support Fund'' and ``International 
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall 
be made available for programs to prevent atrocities:  Provided, That 
funds made available pursuant to this subsection are in addition to 
amounts otherwise made available for such purposes:  Provided 
further, <<NOTE: Notification.>>  That such funds shall be subject to 
the regular notification procedures of the Committees on Appropriations.

    (d) World Food Programme.--Funds managed by the Bureau for 
Humanitarian Assistance, United States Agency for International 
Development, from this or any other Act, may be made available as a 
general contribution to the World Food Programme, notwithstanding any 
other provision of law.
    (e) Directives and Authorities.--

[[Page 136 STAT. 621]]

            (1) Research and training.--Funds appropriated by this Act 
        under the heading ``Assistance for Europe, Eurasia and Central 
        Asia'' shall be made available to carry out the Program for 
        Research and Training on Eastern Europe and the Independent 
        States of the Former Soviet Union as authorized by the Soviet-
        Eastern European Research and Training Act of 1983 (22 U.S.C. 
        4501 et seq.).
            (2) <<NOTE: Notification.>>  Genocide victims memorial 
        sites.--Funds appropriated by this Act and prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs under the headings ``Economic Support 
        Fund'' and ``Assistance for Europe, Eurasia and Central Asia'' 
        may be made available as contributions to establish and maintain 
        memorial sites of genocide, subject to the regular notification 
        procedures of the Committees on Appropriations.
            (3) Private sector partnerships.--Of the funds appropriated 
        by this Act under the headings ``Development Assistance'' and 
        ``Economic Support Fund'' that are made available for private 
        sector partnerships, including partnerships with philanthropic 
        foundations, up to $50,000,000 may remain available until 
        September 30, 2024:  
        Provided, <<NOTE: Consultation. Notification.>>  That funds made 
        available pursuant to this paragraph may only be made available 
        following prior consultation with, and the regular notification 
        procedures of, the Committees on Appropriations.
            (4) Additional authorities.--Of the amounts made available 
        by this Act under the heading ``Diplomatic Programs'', up to 
        $500,000 may be made available for grants pursuant to section 
        504 of the Foreign Relations Authorization Act, Fiscal Year 1979 
        (22 U.S.C. 2656d), including to facilitate collaboration with 
        Indigenous communities, and under the heading ``Educational and 
        Cultural Exchange Programs'', up to $1,000,000 may be made 
        available for grants to carry out the activities of the Cultural 
        Antiquities Task Force.
            (5) Innovation.--The USAID Administrator may use funds 
        appropriated by this Act under title III to make innovation 
        incentive awards in accordance with the terms and conditions of 
        section 7034(e)(4) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2019 
        (division F of Public Law 116-6):  Provided, That each 
        individual award may not exceed $100,000:  Provided further, 
        That no more than 15 such awards may be made during fiscal year 
        2022.
            (6) Development innovation ventures.--Funds appropriated by 
        this Act under the heading ``Development Assistance'' and made 
        available for the Development Innovation Ventures program may be 
        made available for the purposes of chapter I of part I of the 
        Foreign Assistance Act of 1961.
            (7) Exchange visitor program.--None of the funds made 
        available by this Act may be used to modify the Exchange Visitor 
        Program administered by the Department of State to implement the 
        Mutual Educational and Cultural Exchange Act of 1961 (Public Law 
        87-256; 22 U.S.C. 2451 et seq.), except through the formal 
        rulemaking process pursuant to the Administrative Procedure Act 
        (5 U.S.C. 551 et seq.) and notwithstanding the exceptions to 
        such rulemaking process in such Act:  
        Provided, <<NOTE: Consultation. Notification.>>  That funds made 
        available for such purpose shall only be made available after 
        consultation with, and subject

[[Page 136 STAT. 622]]

        to the regular notification procedures of, the Committees on 
        Appropriations, regarding how any proposed modification would 
        affect the public diplomacy goals of, and the estimated economic 
        impact on, the United States:  Provided 
        further, <<NOTE: Deadline. Federal Register, publication.>>  
        That such consultation shall take place not later than 30 days 
        prior to the publication in the Federal Register of any 
        regulatory action modifying the Exchange Visitor Program.
            (8) Payments.--Funds appropriated by this Act and prior Acts 
        making appropriations for the Department of State, foreign 
        operations, and related programs under the heading ``Diplomatic 
        Programs'', except for funds designated by Congress as an 
        emergency requirement pursuant to a concurrent resolution on the 
        budget or the Balanced Budget and Emergency Deficit Control Act 
        of 1985, are available to provide payments pursuant to section 
        901(i)(2) of title IX of division J of the Further Consolidated 
        Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)):  
        Provided, <<NOTE: Consultation.>>  That funds made available 
        pursuant to this paragraph shall be subject to prior 
        consultation with the Committees on Appropriations.
            (9) Transatlantic engagement.--Funds appropriated by this 
        Act under the heading ``Diplomatic Programs'' are available for 
        support of an institute for transatlantic engagement if 
        legislation establishing such institute is enacted into law by 
        September 30, 2022:  Provided, That in the event that such 
        legislation is not enacted into law by such date, the amounts 
        described in this paragraph shall be available under the heading 
        ``Diplomatic Programs'' for the purposes provided therein.

    (f) <<NOTE: Consultation.>>  Partner Vetting.--Prior to initiating a 
partner vetting program, providing a direct vetting option, or making a 
significant change to the scope of an existing partner vetting program, 
the Secretary of State and USAID Administrator, as appropriate, shall 
consult with the Committees on Appropriations:  
Provided, <<NOTE: Notification.>>  That the Secretary and the 
Administrator shall provide a direct vetting option for prime awardees 
in any partner vetting program initiated or significantly modified after 
the date of enactment of this Act, unless the Secretary of State or 
USAID Administrator, as applicable, informs the Committees on 
Appropriations on a case-by-case basis that a direct vetting option is 
not feasible for such program.

    (g) Contingencies.--During fiscal year 2022, the President may use 
up to $145,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding any other provision of law.
    (h) International Child Abductions. <<NOTE: Compliance.>> --The 
Secretary of State should withhold funds appropriated under title III of 
this Act for assistance for the central government of any country that 
is not taking appropriate steps to comply with the Convention on the 
Civil Aspects of International Child Abductions, done at the Hague on 
October 25, 1980:  Provided, <<NOTE: Reports.>>  That the Secretary 
shall report to the Committees on Appropriations within 15 days of 
withholding funds under this subsection.

    (i) <<NOTE: Deadline.>>  Transfer of Funds for Extraordinary 
Protection.--The Secretary of State may transfer to, and merge with, 
funds under the heading ``Protection of Foreign Missions and Officials'' 
unobligated balances of expired funds appropriated under the heading 
``Diplomatic Programs'' for fiscal year 2022, at no later than the end 
of the fifth fiscal year after the last fiscal year

[[Page 136 STAT. 623]]

for which such funds are available for the purposes for which 
appropriated:  Provided, That not more than $50,000,000 may be 
transferred.

    (j) Authority.--Funds made available by this Act under the heading 
``Economic Support Fund'' to counter extremism may be made available 
notwithstanding any other provision of law restricting assistance to 
foreign countries, except sections 502B, 620A, and 620M of the Foreign 
Assistance Act of 1961:  Provided, That 
the <<NOTE: Consultation. Notification.>>  use of the authority of this 
subsection shall be subject to prior consultation with the appropriate 
congressional committees and the regular notification procedures of the 
Committees on Appropriations.

    (k) Protections and Remedies for Employees of Diplomatic Missions 
and International Organizations. <<NOTE: Extension.>> --The terms and 
conditions of section 7034(k) of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2020 (division G of 
Public Law 116-94) shall continue in effect during fiscal year 2022.

    (l) Extension of Authorities.--
            (1) <<NOTE: Applicability. 22 USC 214 note.>>  Passport 
        fees.--Section 1(b)(2) of the Passport Act of June 4, 1920 (22 
        U.S.C. 214(b)(2)) shall be applied by substituting ``September 
        30, 2022'' for ``September 30, 2010''.
            (2) Incentives for critical posts. <<NOTE: Extension.>> --
        The authority contained in section 1115(d) of the Supplemental 
        Appropriations Act, 2009 (Public Law 111-32) shall remain in 
        effect through September 30, 2022.
            (3) <<NOTE: Applicability. 22 USC 2385 note.>>  USAID civil 
        service annuitant waiver.--Section 625(j)(1) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 
        by substituting ``September 30, 2022'' for ``October 1, 2010'' 
        in subparagraph (B).
            (4) Overseas pay comparability and 
        limitation. <<NOTE: Extension.>> --(A) Subject to the limitation 
        described in subparagraph (B), the authority provided by section 
        1113 of the Supplemental Appropriations Act, 2009 (Public Law 
        111-32) shall remain in effect through September 30, 2022.
            (B) The authority described in subparagraph (A) may not be 
        used to pay an eligible member of the Foreign Service (as 
        defined in section 1113(b) of the Supplemental Appropriations 
        Act, 2009 (Public Law 111-32)) a locality-based comparability 
        payment (stated as a percentage) that exceeds two-thirds of the 
        amount of the locality-based comparability payment (stated as a 
        percentage) that would be payable to such member under section 
        5304 of title 5, United States Code, if such member's official 
        duty station were in the District of Columbia.
            (5) Categorical eligibility.--The Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 1990 (Public 
        Law 101-167) is amended--
                    (A) in section 599D (8 U.S.C. 1157 note)--
                          (i) in subsection (b)(3), by striking ``and 
                      2021'' and inserting ``2021, and 2022''; and
                          (ii) in subsection (e), by striking ``2021'' 
                      each place it appears and inserting ``2022''; and
                    (B) in section 599E(b)(2) (8 U.S.C. 1255 note), by 
                striking ``2021'' and inserting ``2022''.

[[Page 136 STAT. 624]]

            (6) Inspector general annuitant 
        waiver. <<NOTE: Extension. Somalia. South 
        Sudan. Syria. Venezuela. Yemen.>> --The authorities provided in 
        section 1015(b) of the Supplemental Appropriations Act, 2010 
        (Public Law 111-212) shall remain in effect through September 
        30, 2022, and may be used to facilitate the assignment of 
        persons for oversight of programs in Somalia, South Sudan, 
        Syria, Venezuela, and Yemen.
            (7) Special inspector general for afghanistan reconstruction 
        competitive status. <<NOTE: Time period.>> --Notwithstanding any 
        other provision of law, any employee of the Special Inspector 
        General for Afghanistan Reconstruction (SIGAR) who completes at 
        least 12 months of continuous service after enactment of this 
        Act or who is employed on the date on which SIGAR terminates, 
        whichever occurs first, shall acquire competitive status for 
        appointment to any position in the competitive service for which 
        the employee possesses the required qualifications.
            (8) Accountability review boards. <<NOTE: Extension. 22 USC 
        4831 note.>> --The authority provided by section 301(a)(3) of 
        the Omnibus Diplomatic Security and Antiterrorism Act of 1986 
        (22 U.S.C. 4831(a)(3)) shall remain in effect for facilities in 
        Afghanistan through September 30, 2022, except that the 
        notification and reporting requirements contained in such 
        section shall include the Committees on Appropriations.
            (9) <<NOTE: Extension. 8 USC 1715 note.>>  Transfer of 
        balances.--Section 7081(h) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2017 
        (division J of Public Law 115-31) shall continue in effect 
        during fiscal year 2022.
            (10) Department of state inspector general waiver 
        authority.--The Inspector General of the Department of State may 
        waive the provisions of subsections (a) through (d) of section 
        824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a 
        case-by-case basis for an annuitant reemployed by the Inspector 
        General on a temporary basis, subject to the same constraints 
        and in the same manner by which the Secretary of State may 
        exercise such waiver authority pursuant to subsection (g) of 
        such section.

    (m) Monitoring and Evaluation.--
            (1) Beneficiary feedback.--Funds appropriated by this Act 
        that are made available for monitoring and evaluation of 
        assistance under the headings ``Development Assistance'', 
        ``International Disaster Assistance'', and ``Migration and 
        Refugee Assistance'' shall be made available for the regular and 
        systematic collection of feedback obtained directly from 
        beneficiaries to enhance the quality and relevance of such 
        assistance:  Provided, <<NOTE: Deadline. Web 
        posting. Procedures. Guidelines.>>  That not later than 180 days 
        after enactment of this Act, the Department of State and USAID 
        shall post on their respective websites updated procedures for 
        implementing partners that receive funds under such headings for 
        regularly and systematically collecting and responding to such 
        feedback, including guidelines for the reporting on actions 
        taken in response to the feedback received:  Provided 
        further, <<NOTE: Oversight.>>  That the Secretary of State and 
        USAID Administrator shall regularly conduct oversight to ensure 
        that such feedback is regularly collected and used by 
        implementing partners to maximize the cost-effectiveness and 
        utility of such assistance.
            (2) Ex-post evaluations.--Of the funds appropriated by this 
        Act under titles III and IV, not less than $10,000,000

[[Page 136 STAT. 625]]

        shall be made available for ex-post evaluations of the 
        effectiveness and sustainability of United States Government-
        funded assistance programs.

    (n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS 
Working Capital Fund established pursuant to section 525(b)(1) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2005 (Public Law 108-447) may be made available for 
pharmaceuticals and other products for child survival, malaria, 
tuberculosis, and emerging infectious diseases to the same extent as 
HIV/AIDS pharmaceuticals and other products, subject to the terms and 
conditions in such section:  Provided, <<NOTE: Notification.>>  That the 
authority in section 525(b)(5) of the Foreign Operations, Export 
Financing, and Related Programs Appropriation Act, 2005 (Public Law 108-
447) shall be exercised by the Assistant Administrator for Global 
Health, USAID, with respect to funds deposited for such non-HIV/AIDS 
pharmaceuticals and other products, and shall be subject to the regular 
notification procedures of the Committees on Appropriations:  Provided 
further, That the Secretary of State shall include in the congressional 
budget justification an accounting of budgetary resources, 
disbursements, balances, and reimbursements related to such fund.

    (o) <<NOTE: Jordan. Egypt. Tunisia. Ukraine.>>  Loans, Consultation, 
and Notification.--
            (1) Loan guarantees.--Funds appropriated under the headings 
        ``Economic Support Fund'' and ``Assistance for Europe, Eurasia 
        and Central Asia'' by this Act and prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs may be made available for the costs, as 
        defined in section 502 of the Congressional Budget Act of 1974, 
        of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine, 
        which are authorized to be provided:  Provided, That amounts 
        made available under this paragraph for the costs of such 
        guarantees shall not be considered assistance for the purposes 
        of provisions of law limiting assistance to a country.
            (2) Consultation and notification.--Funds made available 
        pursuant to the authorities of this subsection shall be subject 
        to prior consultation with the appropriate congressional 
        committees and the regular notification procedures of the 
        Committees on Appropriations.

    (p) Local Works.--
            (1) Funding.--Of the funds appropriated by this Act under 
        the headings ``Development Assistance'' and ``Economic Support 
        Fund'', not less than $80,000,000 shall be made available for 
        Local Works pursuant to section 7080 of the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2015 (division J of Public Law 113-235), which may remain 
        available until September 30, 2026.
            (2) <<NOTE: Definition. Time period. 22 USC 2152i note.>>  
        Eligible entities.--For the purposes of section 7080 of the 
        Department of State, Foreign Operations, and Related Programs 
        Appropriations Act, 2015 (division J of Public Law 113-235), 
        ``eligible entities'' shall be defined as small local, 
        international, and United States-based nongovernmental 
        organizations, educational institutions, and other small 
        entities that have received less than a total of $5,000,000 from 
        USAID over the previous 5 fiscal years:  Provided, That 
        departments or centers of such educational institutions may be 
        considered individually in determining such eligibility.

[[Page 136 STAT. 626]]

    (q) Extension of Procurement Authority.--Section 7077 of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2012 (division I of Public Law 112-74) shall 
continue in effect during fiscal year 2022.
    (r) Section 889. <<NOTE: Consultation.>> --For the purposes of 
obligations and expenditures made with funds appropriated by this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs, the waiver authority in 
section 889(d)(2) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232) may also be available to 
the Secretary of State, following consultation with the Director of 
National Intelligence:  Provided, <<NOTE: Reports.>>  That not later 
than 60 days after enactment of the Act, the Secretary of State shall 
submit to the appropriate congressional committees a report detailing 
the use of the authority of this subsection since enactment of the Act, 
which shall include the scope and duration of any waiver granted, the 
entity covered by such waiver, and a detailed description of the 
national security interest served:  Provided 
further, <<NOTE: Reports. Updates. Time period. Termination date.>>  
That such report shall be updated every 60 days until September 30, 
2023.

    (s) Impact on Jobs. <<NOTE: Extension.>> --Section 7056 of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2021 (division K of Public Law 116-260) shall 
continue in effect during fiscal year 2022.

    (t) Definitions.--
            (1) <<NOTE: 8 USC 1182 note.>>  Appropriate congressional 
        committees.--Unless otherwise defined in this Act, for purposes 
        of this Act the term ``appropriate congressional committees'' 
        means the Committees on Appropriations and Foreign Relations of 
        the Senate and the Committees on Appropriations and Foreign 
        Affairs of the House of Representatives.
            (2) Funds appropriated by this act and prior acts.--Unless 
        otherwise defined in this Act, for purposes of this Act the term 
        ``funds appropriated by this Act and prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs'' means funds that remain available for 
        obligation, and have not expired.
            (3) <<NOTE: 22 USC 262h note.>>  International financial 
        institutions.--In this Act ``international financial 
        institutions'' means the International Bank for Reconstruction 
        and Development, the International Development Association, the 
        International Finance Corporation, the Inter-American 
        Development Bank, the International Monetary Fund, the 
        International Fund for Agricultural Development, the Asian 
        Development Bank, the Asian Development Fund, the Inter-American 
        Investment Corporation, the North American Development Bank, the 
        European Bank for Reconstruction and Development, the African 
        Development Bank, the African Development Fund, and the 
        Multilateral Investment Guarantee Agency.
            (4) Spend plan.--In this Act, the term ``spend plan'' means 
        a plan for the uses of funds appropriated for a particular 
        entity, country, program, purpose, or account and which shall 
        include, at a minimum, a description of--
                    (A) realistic and sustainable goals, criteria for 
                measuring progress, and a timeline for achieving such 
                goals;
                    (B) amounts and sources of funds by account;

[[Page 136 STAT. 627]]

                    (C) how such funds will complement other ongoing or 
                planned programs; and
                    (D) implementing partners, to the maximum extent 
                practicable.
            (5) Successor operating unit.--Any reference to a particular 
        USAID operating unit or office in this Act or prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs shall be deemed to include any successor 
        operating unit or office performing the same or similar 
        functions.
            (6) <<NOTE: 22 USC 2151 note.>>  USAID.--In this Act, the 
        term ``USAID'' means the United States Agency for International 
        Development.

                      law enforcement and security

    Sec. 7035. (a) Assistance.--
            (1) Community-based police assistance.--Funds made available 
        under titles III and IV of this Act to carry out the provisions 
        of chapter 1 of part I and chapters 4 and 6 of part II of the 
        Foreign Assistance Act of 1961, may be used, notwithstanding 
        section 660 of that Act, to enhance the effectiveness and 
        accountability of civilian police authority through training and 
        technical assistance in human rights, the rule of law, anti-
        corruption, strategic planning, and through assistance to foster 
        civilian police roles that support democratic governance, 
        including assistance for programs to prevent conflict, respond 
        to disasters, address gender-based violence, and foster improved 
        police relations with the communities they serve.
            (2) Counterterrorism partnerships fund.--Funds appropriated 
        by this Act under the heading ``Nonproliferation, Anti-
        terrorism, Demining and Related Programs'' shall be made 
        available for the Counterterrorism Partnerships Fund for 
        programs in areas liberated from, under the influence of, or 
        adversely affected by, the Islamic State of Iraq and Syria or 
        other terrorist organizations:  Provided, <<NOTE: Iraq.>>  That 
        such areas shall include the Kurdistan Region of Iraq:  Provided 
        further, That prior to the obligation of funds made available 
        pursuant to this paragraph, the Secretary of State shall take 
        all practicable steps to ensure that mechanisms are in place for 
        monitoring, oversight, and control of such funds:  Provided 
        further, <<NOTE: Consultation. Notification.>>  That funds made 
        available pursuant to this paragraph shall be subject to prior 
        consultation with, and the regular notification procedures of, 
        the Committees on Appropriations.
            (3) Combat casualty care.--
                    (A) Consistent with the objectives of the Foreign 
                Assistance Act of 1961 and the Arms Export Control Act, 
                funds appropriated by this Act under the headings 
                ``Peacekeeping Operations'' and ``Foreign Military 
                Financing Program'' shall be made available for combat 
                casualty training and equipment in an amount above the 
                prior fiscal year.
                    (B) The Secretary of State shall offer combat 
                casualty care training and equipment as a component of 
                any package of lethal assistance funded by this Act with 
                funds appropriated under the headings ``Peacekeeping 
                Operations'' and ``Foreign Military Financing Program'': 
                 Provided, <<NOTE: Applicability. Determination.>>  That 
                the requirement of this subparagraph shall apply to a 
                country

[[Page 136 STAT. 628]]

                in conflict, unless the Secretary determines that such 
                country has in place, to the maximum extent practicable, 
                functioning combat casualty care treatment and equipment 
                that meets or exceeds the standards recommended by the 
                Committee on Tactical Combat Casualty Care:  Provided 
                further, That any such training and equipment for combat 
                casualty care shall be made available through an open 
                and competitive process.
            (4) Training related to international humanitarian law.--The 
        Secretary of State shall offer training related to the 
        requirements of international humanitarian law as a component of 
        any package of lethal assistance funded by this Act with funds 
        appropriated under the headings ``Peacekeeping Operations'' and 
        ``Foreign Military Financing Program'':  Provided, That the 
        requirement of this paragraph shall not apply to a country that 
        is a member of the North Atlantic Treaty Organization (NATO), is 
        a major non-NATO ally designated by section 517(b) of the 
        Foreign Assistance Act of 1961, or is complying with 
        international humanitarian law:  Provided further, That any such 
        training shall be made available through an open and competitive 
        process.
            (5) International prison conditions.--Funds appropriated by 
        this Act under the headings ``Development Assistance'', 
        ``Economic Support Fund'', and ``International Narcotics Control 
        and Law Enforcement'' shall be made available for assistance to 
        eliminate inhumane conditions in foreign prisons and other 
        detention facilities, notwithstanding section 660 of the Foreign 
        Assistance Act of 1961:  
        Provided, <<NOTE: Consultation. Deadline.>> That the Secretary 
        of State and the USAID Administrator shall consult with the 
        Committees on Appropriations on the proposed uses of such funds 
        prior to obligation and not later than 60 days after enactment 
        of this Act:  Provided further, That such funds shall be in 
        addition to funds otherwise made available by this Act for such 
        purpose.

    (b) Authorities.--
            (1) Reconstituting civilian police authority.--In providing 
        assistance with funds appropriated by this Act under section 
        660(b)(6) of the Foreign Assistance Act of 1961, support for a 
        nation emerging from instability may be deemed to mean support 
        for regional, district, municipal, or other sub-national entity 
        emerging from instability, as well as a nation emerging from 
        instability.
            (2) Disarmament, demobilization, and reintegration.--Section 
        7034(d) <<NOTE: Extension.>>  of the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2015 (division J of Public Law 113-235) shall continue in effect 
        during fiscal year 2022.
            (3) Extension of war reserves stockpile authority.--(A) 
        Section 12001(d) of the Department of Defense Appropriations 
        Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by 
        striking ``of this section'' and all that follows through the 
        period at the end and inserting ``of this section after 
        September 30, 2025.''.
            (B) Section 514(b)(2)(A) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2321h(b)(2)(A) is amended by striking ``and 
        2023'' and inserting ``2023, 2024, and 2025''.

[[Page 136 STAT. 629]]

            
        (4) <<NOTE: Notification. Israel. Egypt. NATO. President. Determi
        nation.>>  Commercial leasing of defense articles.--
        Notwithstanding any other provision of law, and subject to the 
        regular notification procedures of the Committees on 
        Appropriations, the authority of section 23(a) of the Arms 
        Export Control Act (22 U.S.C. 2763) may be used to provide 
        financing to Israel, Egypt, the North Atlantic Treaty 
        Organization (NATO), and major non-NATO allies for the 
        procurement by leasing (including leasing with an option to 
        purchase) of defense articles from United States commercial 
        suppliers, not including Major Defense Equipment (other than 
        helicopters and other types of aircraft having possible civilian 
        application), if the President determines that there are 
        compelling foreign policy or national security reasons for those 
        defense articles being provided by commercial lease rather than 
        by government-to-government sale under such Act.
            (5) Special defense acquisition fund.--Not to exceed 
        $900,000,000 may be obligated pursuant to section 51(c)(2) of 
        the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the 
        purposes of the Special Defense Acquisition Fund (the Fund), to 
        remain available for obligation until September 30, 2024:  
        Provided, That the provision of defense articles and defense 
        services to foreign countries or international organizations 
        from the Fund shall be subject to the concurrence of the 
        Secretary of State.
            (6) Duty to inform and public disclosure.--Section 620M of 
        the Foreign Assistance Act of 1961 (Limitation on Assistance to 
        Security Forces) <<NOTE: 22 USC 2378d.>>  is amended as 
        follows--
                    (A) In subsection (b), by striking ``Committee on 
                Foreign Relations'' through ``Appropriations'' and 
                inserting in lieu thereof ``appropriate congressional 
                committees''.
                    (B) In subsection (c), by striking everything after 
                ``Duty to Inform.--'' and inserting--
            ``(1) <<NOTE: List. Effective 
        date. Contracts. Compliance.>>  If assistance to a foreign 
        security force is provided in a manner in which the recipient 
        unit or units cannot be identified prior to the transfer of 
        assistance, the Secretary of State shall regularly provide a 
        list of units prohibited from receiving assistance pursuant to 
        this section to the recipient government and the appropriate 
        congressional committees and, effective December 31, 2022, such 
        assistance shall only be made available subject to a written 
        agreement that the recipient government will comply with such 
        prohibition.
            ``(2) If the recipient government withholds assistance from 
        a unit pursuant to this section, the Secretary shall inform the 
        appropriate congressional committees and shall, to the maximum 
        extent practicable, assist the foreign government in bringing 
        the responsible members of the unit to justice.''.
                    (C) After subsection (d), by inserting the following 
                new subsection:

    ``(e) Definitions.--
            ``(1) <<NOTE: Public information. Determination. Reports.>>  
        For the purposes of subsection (d)(7), the term `to the maximum 
        extent practicable' means that the identity of such units shall 
        be made publicly available unless the Secretary of State, on a 
        case-by-case basis, determines and reports to the appropriate 
        congressional committees that public disclosure is not in the 
        national security interest of the United States and provides a 
        detailed justification for such determination, which may be 
        submitted in classified form.

[[Page 136 STAT. 630]]

            ``(2) For the purposes of this section, `appropriate 
        congressional committees' means the Committee on Foreign 
        Relations and the Committee on Appropriations of the Senate, and 
        the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.''.

    (c) Limitations.--
            (1) Child soldiers.--Funds appropriated by this Act should 
        not be used to support any military training or operations that 
        include child soldiers.
            (2) Landmines and cluster munitions.--
                    (A) Landmines.--Notwithstanding any other provision 
                of law, demining equipment available to the United 
                States Agency for International Development and the 
                Department of State and used in support of the clearance 
                of landmines and unexploded ordnance for humanitarian 
                purposes may be disposed of on a grant basis in foreign 
                countries, subject to such terms and conditions as the 
                Secretary of State may prescribe.
                    (B) Cluster munitions.--No military assistance shall 
                be furnished for cluster munitions, no defense export 
                license for cluster munitions may be issued, and no 
                cluster munitions or cluster munitions technology shall 
                be sold or transferred, unless--
                          (i) the submunitions of the cluster munitions, 
                      after arming, do not result in more than 1 percent 
                      unexploded ordnance across the range of intended 
                      operational environments, and the agreement 
                      applicable to the assistance, transfer, or sale of 
                      such cluster munitions or cluster munitions 
                      technology specifies that the cluster munitions 
                      will only be used against clearly defined military 
                      targets and will not be used where civilians are 
                      known to be present or in areas normally inhabited 
                      by civilians; or
                          (ii) such assistance, license, sale, or 
                      transfer is for the purpose of demilitarizing or 
                      permanently disposing of such cluster munitions.
            (3) <<NOTE: Determination.>>  Crowd control.--If the 
        Secretary of State has information that a unit of a foreign 
        security force uses excessive force to repress peaceful 
        expression or assembly concerning corruption, harm to the 
        environment or human health, or the fairness of electoral 
        processes, or in countries that are undemocratic or undergoing 
        democratic transition, the Secretary shall promptly determine if 
        such information is credible:  Provided, That if the information 
        is determined to be credible, funds appropriated by this Act 
        should not be used for tear gas, small arms, light weapons, 
        ammunition, or other items for crowd control purposes for such 
        unit.

    (d) Reports.--
            (1) Security assistance report.--Not later than 120 days 
        after enactment of this Act, the Secretary of State shall submit 
        to the Committees on Appropriations a report on funds obligated 
        and expended during fiscal year 2021, by country and purpose of 
        assistance, under the headings ``Peacekeeping Operations'', 
        ``International Military Education and Training'', and ``Foreign 
        Military Financing Program''.
            (2) <<NOTE: Definition.>>  Annual foreign military training 
        report.--For the purposes of implementing section 656 of the 
        Foreign Assistance

[[Page 136 STAT. 631]]

        Act of 1961, the term ``military training provided to foreign 
        military personnel by the Department of Defense and the 
        Department of State'' shall be deemed to include all military 
        training provided by foreign governments with funds appropriated 
        to the Department of Defense or the Department of State, except 
        for training provided by the government of a country designated 
        by section 517(b) of such Act (22 U.S.C. 2321k(b)) as a major 
        non-North Atlantic Treaty Organization ally:  Provided, That 
        such third-country training shall be clearly identified in the 
        report submitted pursuant to section 656 of such Act.

                      arab league boycott of israel

    Sec. 7036.  It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with Israel, 
        is an impediment to peace in the region and to United States 
        investment and trade in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) all Arab League states should normalize relations with 
        their neighbor Israel;
            (4) the President and the Secretary of State should continue 
        to vigorously oppose the Arab League boycott of Israel and find 
        concrete steps to demonstrate that opposition by, for example, 
        taking into consideration the participation of any recipient 
        country in the boycott when determining to sell weapons to said 
        country; and
            (5) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage allies and trading partners 
        of the United States to enact laws prohibiting businesses from 
        complying with the boycott and penalizing businesses that do 
        comply.

                          palestinian statehood

    Sec. 7037. (a) Limitation on 
Assistance. <<NOTE: Determination. Certification.>> --None of the funds 
appropriated under titles III through VI of this Act may be provided to 
support a Palestinian state unless the Secretary of State determines and 
certifies to the appropriate congressional committees that--
            (1) the governing entity of a new Palestinian state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel; and
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures, and is cooperating with appropriate 
                Israeli and other appropriate security organizations; 
                and
            (2) the Palestinian Authority (or the governing entity of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just,

[[Page 136 STAT. 632]]

        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgment of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through measures 
                including the establishment of demilitarized zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.

    (b) Sense of Congress.--It is the sense of Congress that the 
governing entity should enact a constitution assuring the rule of law, 
an independent judiciary, and respect for human rights for its citizens, 
and should enact other laws and regulations assuring transparent and 
accountable governance.
    (c) <<NOTE: President. Determination.>>  Waiver.--The President may 
waive subsection (a) if the President determines that it is important to 
the national security interest of the United States to do so.

    (d) Exemption.--The restriction in subsection (a) shall not apply to 
assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or the governing entity, in order to help meet 
the requirements of subsection (a), consistent with the provisions of 
section 7040 of this Act (``Limitation on Assistance for the Palestinian 
Authority'').

  prohibition on assistance to the palestinian broadcasting corporation

    Sec. 7038.  None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.

                  assistance for the west bank and gaza

    Sec. 
7039. <<NOTE: Deadline. Certification. Procedures. Records. Review.>>  
(a) Oversight.--For fiscal year 2022, 30 days prior to the initial 
obligation of funds for the bilateral West Bank and Gaza Program, the 
Secretary of State shall certify to the Committees on Appropriations 
that procedures have been established to assure the Comptroller General 
of the United States will have access to appropriate United States 
financial information in order to review the uses of United States 
assistance for the Program funded under the heading ``Economic Support 
Fund'' for the West Bank and Gaza.

    (b) Vetting. <<NOTE: Terrorism. Determinations.>> --Prior to the 
obligation of funds appropriated by this Act under the heading 
``Economic Support Fund'' for assistance for the West Bank and Gaza, the 
Secretary of State shall take all appropriate steps to ensure that such 
assistance is not provided to or through any individual, private or 
government entity, or educational institution that the Secretary knows 
or has reason to believe advocates, plans, sponsors, engages in, or has 
engaged in, terrorist activity nor, with respect to private entities or 
educational institutions, those that have as a principal officer of the

[[Page 136 STAT. 633]]

entity's governing board or governing board of trustees any individual 
that has been determined to be involved in, or advocating terrorist 
activity or determined to be a member of a designated foreign terrorist 
organization:  Provided, <<NOTE: Termination.>>  That the Secretary of 
State shall, as appropriate, establish procedures specifying the steps 
to be taken in carrying out this subsection and shall terminate 
assistance to any individual, entity, or educational institution which 
the Secretary has determined to be involved in or advocating terrorist 
activity.

    (c) Prohibition.--
            (1) Recognition of acts of terrorism.--None of the funds 
        appropriated under titles III through VI of this Act for 
        assistance under the West Bank and Gaza Program may be made 
        available for--
                    (A) the purpose of recognizing or otherwise honoring 
                individuals who commit, or have committed acts of 
                terrorism; and
                    (B) <<NOTE: Determination.>>  any educational 
                institution located in the West Bank or Gaza that is 
                named after an individual who the Secretary of State 
                determines has committed an act of terrorism.
            (2) Security assistance and reporting requirement.--
        Notwithstanding any other provision of law, none of the funds 
        made available by this or prior appropriations Acts, including 
        funds made available by transfer, may be made available for 
        obligation for security assistance for the West Bank and Gaza 
        until the Secretary of State reports to the Committees on 
        Appropriations on--
                    (A) <<NOTE: Compliance.>>  the benchmarks that have 
                been established for security assistance for the West 
                Bank and Gaza and on the extent of Palestinian 
                compliance with such benchmarks; and
                    (B) the steps being taken by the Palestinian 
                Authority to end torture and other cruel, inhuman, and 
                degrading treatment of detainees, including by bringing 
                to justice members of Palestinian security forces who 
                commit such crimes.

    (d) <<NOTE: Audits.>>  Oversight by the United States Agency for 
International Development.--
            (1) <<NOTE: Contracts. Grants. Deadline.>>  The 
        Administrator of the United States Agency for International 
        Development shall ensure that Federal or non-Federal audits of 
        all contractors and grantees, and significant subcontractors and 
        sub-grantees, under the West Bank and Gaza Program, are 
        conducted at least on an annual basis to ensure, among other 
        things, compliance with this section.
            (2) Of the funds appropriated by this Act, up to $1,300,000 
        may be used by the Office of Inspector General of the United 
        States Agency for International Development for audits, 
        investigations, and other activities in furtherance of the 
        requirements of this subsection:  Provided, That such funds are 
        in addition to funds otherwise available for such purposes.

    (e) <<NOTE: Investigation.>>  Comptroller General of the United 
States Audit.--Subsequent to the certification specified in subsection 
(a), the Comptroller General of the United States shall conduct an audit 
and an investigation of the treatment, handling, and uses of all funds 
for the bilateral West Bank and Gaza Program, including all funds 
provided as cash transfer assistance, in fiscal year 2022 under

[[Page 136 STAT. 634]]

the heading ``Economic Support Fund'', and such audit shall address--
            (1) <<NOTE: Compliance.>>  the extent to which such Program 
        complies with the requirements of subsections (b) and (c); and
            (2) <<NOTE: Examination.>>  an examination of all programs, 
        projects, and activities carried out under such Program, 
        including both obligations and expenditures.

    (f) Notification Procedures.--Funds made available in this Act for 
West Bank and Gaza shall be subject to the regular notification 
procedures of the Committees on Appropriations.

         limitation on assistance for the palestinian authority

    Sec. 7040. <<NOTE: President.>>  (a) Prohibition of Funds.--None of 
the funds appropriated by this Act to carry out the provisions of 
chapter 4 of part II of the Foreign Assistance Act of 1961 may be 
obligated or expended with respect to providing funds to the Palestinian 
Authority.

    (b) Waiver. <<NOTE: Certification.>> --The prohibition included in 
subsection (a) shall not apply if the President certifies in writing to 
the Speaker of the House of Representatives, the President pro tempore 
of the Senate, and the Committees on Appropriations that waiving such 
prohibition is important to the national security interest of the United 
States.

    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the justification for the waiver, the 
purposes for which the funds will be spent, and the accounting 
procedures in place to ensure that the funds are properly disbursed:  
Provided, That the report shall also detail the steps the Palestinian 
Authority has taken to arrest terrorists, confiscate weapons and 
dismantle the terrorist infrastructure.
    (e) <<NOTE: Reports.>>  Certification.--If the President exercises 
the waiver authority under subsection (b), the Secretary of State must 
certify and report to the Committees on Appropriations prior to the 
obligation of funds that the Palestinian Authority has established a 
single treasury account for all Palestinian Authority financing and all 
financing mechanisms flow through this account, no parallel financing 
mechanisms exist outside of the Palestinian Authority treasury account, 
and there is a single comprehensive civil service roster and payroll, 
and the Palestinian Authority is acting to counter incitement of 
violence against Israelis and is supporting activities aimed at 
promoting peace, coexistence, and security cooperation with Israel.

    (f) Prohibition to Hamas and the Palestine Liberation 
Organization.--
            (1) None of the funds appropriated in titles III through VI 
        of this Act may be obligated for salaries of personnel of the 
        Palestinian Authority located in Gaza or may be obligated or 
        expended for assistance to Hamas or any entity effectively 
        controlled by Hamas, any power-sharing government of which Hamas 
        is a member, or that results from an agreement with Hamas and 
        over which Hamas exercises undue influence.

[[Page 136 STAT. 635]]

            (2) <<NOTE: Certification. Reports. Compliance.>>  
        Notwithstanding the limitation of paragraph (1), assistance may 
        be provided to a power-sharing government only if the President 
        certifies and reports to the Committees on Appropriations that 
        such government, including all of its ministers or such 
        equivalent, has publicly accepted and is complying with the 
        principles contained in section 620K(b)(1) (A) and (B) of the 
        Foreign Assistance Act of 1961, as amended.
            (3) The President may exercise the authority in section 
        620K(e) of the Foreign Assistance Act of 1961, as added by the 
        Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with 
        respect to this subsection.
            (4) <<NOTE: Reports. Time period. Compliance.>>  Whenever 
        the certification pursuant to paragraph (2) is exercised, the 
        Secretary of State shall submit a report to the Committees on 
        Appropriations within 120 days of the certification and every 
        quarter thereafter on whether such government, including all of 
        its ministers or such equivalent are continuing to comply with 
        the principles contained in section 620K(b)(1) (A) and (B) of 
        the Foreign Assistance Act of 1961, as amended:  Provided, That 
        the report shall also detail the amount, purposes and delivery 
        mechanisms for any assistance provided pursuant to the 
        abovementioned certification and a full accounting of any direct 
        support of such government.
            (5) None of the funds appropriated under titles III through 
        VI of this Act may be obligated for assistance for the Palestine 
        Liberation Organization.

                      middle east and north africa

    Sec. 7041. (a) Egypt.--
            (1) Certification and report.--Funds appropriated by this 
        Act that are available for assistance for Egypt may be made 
        available notwithstanding any other provision of law restricting 
        assistance for Egypt, except for this subsection and section 
        620M of the Foreign Assistance Act of 1961, and may only be made 
        available for assistance for the Government of Egypt if the 
        Secretary of State certifies and reports to the Committees on 
        Appropriations that such government is--
                    (A) sustaining the strategic relationship with the 
                United States; and
                    (B) meeting its obligations under the 1979 Egypt-
                Israel Peace Treaty.
            (2) Economic support fund.--Of the funds appropriated by 
        this Act under the heading ``Economic Support Fund'', not less 
        than $125,000,000 shall be made available for assistance for 
        Egypt, of which not less than $40,000,000 should be made 
        available for higher education programs, including not less than 
        $15,000,000 for scholarships for Egyptian students with high 
        financial need to attend not-for-profit institutions of higher 
        education in Egypt that are currently accredited by a regional 
        accrediting agency recognized by the United States Department of 
        Education, or meets standards equivalent to those required for 
        United States institutional accreditation by a regional 
        accrediting agency recognized by such Department:  Provided, 
        That such funds shall be made available for democracy programs, 
        and for development programs in the Sinai.
            (3) <<NOTE: Reports.>>  Foreign military financing 
        program.--

[[Page 136 STAT. 636]]

                    (A) Certification.--Of the funds appropriated by 
                this Act under the heading ``Foreign Military Financing 
                Program'', $1,300,000,000, to remain available until 
                September 30, 2023, should be made available for 
                assistance for Egypt:  
                Provided, <<NOTE: Consultation. Notification.>>  That 
                such funds may be transferred to an interest bearing 
                account in the Federal Reserve Bank of New York, 
                following consultation with the Committees on 
                Appropriations, and the uses of any interest earned on 
                such funds shall be subject to the regular notification 
                procedures of the Committees on Appropriations:  
                Provided further, <<NOTE: Certification. Human 
                rights.>>  That $235,000,000 of such funds shall be 
                withheld from obligation until the Secretary of State 
                certifies and reports to the Committees on 
                Appropriations that the Government of Egypt is taking 
                sustained and effective steps to--
                          (i) strengthen the rule of law, democratic 
                      institutions, and human rights in Egypt, including 
                      to protect religious minorities and the rights of 
                      women, which are in addition to steps taken during 
                      the previous calendar year for such purposes;
                          (ii) implement reforms that protect freedoms 
                      of expression, association, and peaceful assembly, 
                      including the ability of civil society 
                      organizations, human rights defenders, and the 
                      media to function without interference;
                          (iii) hold Egyptian security forces 
                      accountable, including officers credibly alleged 
                      to have violated human rights;
                          (iv) investigate and prosecute cases of 
                      extrajudicial killings and forced disappearances; 
                      and
                          (v) provide regular access for United States 
                      officials to monitor such assistance in areas 
                      where the assistance is used:
                  Provided further, That the certification requirement 
                of this paragraph shall not apply to funds appropriated 
                by this Act under such heading for counterterrorism, 
                border security, and nonproliferation programs for 
                Egypt.
                    (B) <<NOTE: Determination.>>  Waiver.--The Secretary 
                of State may waive the certification requirement in 
                subparagraph (A) if the Secretary determines and reports 
                to the Committees on Appropriations that to do so is 
                important to the national security interest of the 
                United States, and submits a report to such Committees 
                containing a detailed justification for the use of such 
                waiver and the reasons why any of the requirements of 
                subparagraph (A) cannot be met:  Provided, That the 
                report required by this paragraph shall be submitted in 
                unclassified form, but may be accompanied by a 
                classified annex.
                    (C) <<NOTE: Determination. Political prisoners.>>  
                In addition to the funds withheld pursuant to 
                subparagraph (A), $85,000,000 of the funds made 
                available pursuant to this paragraph shall be withheld 
                from obligation until the Secretary of State determines 
                and reports to the Committees on Appropriations that the 
                Government of Egypt is making clear and consistent 
                progress in releasing political prisoners, providing 
                detainees with due process of law, and preventing the 
                intimidation and harassment of American citizens.

[[Page 136 STAT. 637]]

            (4) Pre-obligation determination. <<NOTE: Reports.>> --Prior 
        to the initial obligation of funds made available by this Act 
        under the heading ``Foreign Military Financing Program'' for 
        assistance for Egypt, the Secretary of State shall submit a 
        report to the appropriate congressional committees on known 
        disputes involving injuries to American citizens caused by the 
        Egyptian military, steps taken by the Government of Egypt to 
        resolve, or facilitate the just resolution of, such disputes, 
        and the remaining obstacles to such a resolution.

    (b) Iran.--
            (1) Funding.--Funds appropriated by this Act under the 
        headings ``Diplomatic Programs'', ``Economic Support Fund'', and 
        ``Nonproliferation, Anti-terrorism, Demining and Related 
        Programs'' shall be made available for the programs and 
        activities described under this section in House Report 117-84.
            (2) Reports.--
                    (A) Semi-annual report.--The Secretary of State 
                shall submit to the Committees on Appropriations the 
                semi-annual report required by section 135(d)(4) of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as 
                added by section 2 of the Iran Nuclear Agreement Review 
                Act of 2015 (Public Law 114-17).
                    (B) Sanctions report. <<NOTE: Consultation.>> --Not 
                later than 180 days after the date of enactment of this 
                Act, the Secretary of State, in consultation with the 
                Secretary of the Treasury, shall submit to the 
                appropriate congressional committees a report on--
                          (i) the status of United States bilateral 
                      sanctions on Iran;
                          (ii) the reimposition and renewed enforcement 
                      of secondary sanctions; and
                          (iii) the impact such sanctions have had on 
                      Iran's destabilizing activities throughout the 
                      Middle East.

    (c) Iraq.--
            (1) Purposes.--Funds appropriated under titles III and IV of 
        this Act shall be made available for assistance for Iraq for--
                    (A) bilateral economic assistance and international 
                security assistance, including in the Kurdistan Region 
                of Iraq;
                    (B) stabilization assistance, including in Anbar 
                Province;
                    (C) programs to support government transparency and 
                accountability, judicial independence, protect the right 
                of due process, and combat corruption;
                    (D) humanitarian assistance, including in the 
                Kurdistan Region of Iraq; and
                    (E) programs to protect and assist religious and 
                ethnic minority populations in Iraq, including as 
                described under this section in House Report 117-84.
            (2) Basing rights.--None of the funds appropriated or 
        otherwise made available by this Act may be used by the 
        Government of the United States to enter into a permanent basing 
        rights agreement between the United States and Iraq.

    (d) <<NOTE: Disbursement. Grants. Deadline.>>  Israel.--Of the funds 
appropriated by this Act under the heading ``Foreign Military Financing 
Program'', not less than $3,300,000,000 shall be available for grants 
only for Israel which

[[Page 136 STAT. 638]]

shall be disbursed within 30 days of enactment of this Act:  Provided, 
That to the extent that the Government of Israel requests that funds be 
used for such purposes, grants made available for Israel under this 
heading shall, as agreed by the United States and Israel, be available 
for advanced weapons systems, of which not less than $785,300,000 shall 
be available for the procurement in Israel of defense articles and 
defense services, including research and development.

    (e) Jordan.--Of the funds appropriated by this Act under titles III 
and IV, not less than $1,650,000,000 shall be made available for 
assistance for Jordan, of which not less than $845,100,000 shall be made 
available for budget support for the Government of Jordan and not less 
than $425,000,000 shall be made available under the heading ``Foreign 
Military Financing Program''.
    (f) Lebanon.--
            (1) Assistance.--Funds appropriated under titles III and IV 
        of this Act shall be made available for assistance for Lebanon:  
        Provided, That such funds made available under the heading 
        ``Economic Support Fund'' may be made available notwithstanding 
        section 1224 of the Foreign Relations Authorization Act, Fiscal 
        Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
            (2) Security assistance.--
                    (A) Funds appropriated by this Act under the 
                headings ``International Narcotics Control and Law 
                Enforcement'' and ``Foreign Military Financing Program'' 
                that are made available for assistance for Lebanon may 
                be made available for programs and equipment for the 
                Lebanese Internal Security Forces (ISF) and the Lebanese 
                Armed Forces (LAF) to address security and stability 
                requirements in areas affected by conflict in Syria, 
                following consultation with the appropriate 
                congressional committees.
                    (B) Funds appropriated by this Act under the heading 
                ``Foreign Military Financing Program'' that are made 
                available for assistance for Lebanon may only be made 
                available for programs to--
                          (i) professionalize the LAF to mitigate 
                      internal and external threats from non-state 
                      actors, including Hizballah;
                          (ii) <<NOTE: Terrorism.>>  strengthen border 
                      security and combat terrorism, including training 
                      and equipping the LAF to secure the borders of 
                      Lebanon and address security and stability 
                      requirements in areas affected by conflict in 
                      Syria, interdicting arms shipments, and preventing 
                      the use of Lebanon as a safe haven for terrorist 
                      groups; and
                          (iii) implement United Nations Security 
                      Council Resolution 1701:
                  Provided, That <<NOTE: Spend plan.>>  prior to 
                obligating funds made available by this subparagraph for 
                assistance for the LAF, the Secretary of State shall 
                submit to the Committees on Appropriations a spend plan, 
                including actions to be taken to ensure equipment 
                provided to the LAF is used only for the intended 
                purposes, except such plan may not be considered as 
                meeting the notification requirements under section 7015 
                of this Act or under section 634A of the Foreign

[[Page 136 STAT. 639]]

                Assistance Act of 1961:  Provided further, That any 
                notification submitted pursuant to such section shall 
                include any funds specifically intended for lethal 
                military equipment.
            (3) Limitation.--None of the funds appropriated by this Act 
        may be made available for the ISF or the LAF if the ISF or the 
        LAF is controlled by a foreign terrorist organization, as 
        designated pursuant to section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 1189).

    (g) <<NOTE: Applicability.>>  Libya.--Funds appropriated under 
titles III and IV of this Act shall be made available for stabilization 
assistance for Libya, including support for a United Nations-facilitated 
political process and border security:  Provided, That the limitation on 
the uses of funds for certain infrastructure projects in section 
7041(f)(2) of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2014 (division K of Public Law 113-76) 
shall apply to such funds.

    (h) Morocco.--Funds appropriated under titles III and IV of this Act 
shall be made available for assistance for Morocco.
    (i) Saudi Arabia.--
            (1) Prohibition.--None of the funds appropriated by this Act 
        under the heading ``International Military Education and 
        Training'' may be made available for assistance for the 
        Government of Saudi Arabia.
            (2) Export-import bank.--None of the funds appropriated or 
        otherwise made available by this Act and prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs should be obligated or expended by the 
        Export-Import Bank of the United States to guarantee, insure, or 
        extend (or participate in the extension of) credit in connection 
        with the export of nuclear technology, equipment, fuel, 
        materials, or other nuclear technology-related goods or services 
        to Saudi Arabia unless the Government of Saudi Arabia--
                    (A) has in effect a nuclear cooperation agreement 
                pursuant to section 123 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2153);
                    (B) has committed to renounce uranium enrichment and 
                reprocessing on its territory under that agreement; and
                    (C) has signed and implemented an Additional 
                Protocol to its Comprehensive Safeguards Agreement with 
                the International Atomic Energy Agency.

    (j) Syria.--
            (1) Non-lethal assistance.--Funds appropriated by this Act 
        under titles III and IV may be made available, notwithstanding 
        any other provision of law, for non-lethal stabilization 
        assistance for Syria, including for emergency medical and rescue 
        response and chemical weapons investigations.
            (2) Limitations.--Funds made available pursuant to paragraph 
        (1) of this subsection--
                    (A) may not be made available for a project or 
                activity that supports or otherwise legitimizes the 
                Government of Iran, foreign terrorist organizations (as 
                designated pursuant to section 219 of the Immigration 
                and Nationality Act (8 U.S.C. 1189)), or a proxy of Iran 
                in Syria;
                    (B) <<NOTE: Determination.>>  may not be made 
                available for activities that further the strategic 
                objectives of the Government of the Russian Federation 
                that the Secretary of State determines

[[Page 136 STAT. 640]]

                may threaten or undermine United States national 
                security interests; and
                    (C) <<NOTE: Bashar al-Assad.>>  should not be used 
                in areas of Syria controlled by a government led by 
                Bashar al-Assad or associated forces.
            (3) Consultation and notification.--Funds made available 
        pursuant to this subsection may only be made available following 
        consultation with the appropriate congressional committees, and 
        shall be subject to the regular notification procedures of the 
        Committees on Appropriations.

    (k) Tunisia.--
            (1) <<NOTE: Consultation.>>  Assistance.--Funds appropriated 
        under titles III and IV of this Act shall be made available for 
        assistance for Tunisia for programs to improve economic growth 
        and opportunity, support democratic governance and civil 
        society, protect due process of law, and maintain regional 
        stability and security, following consultation with the 
        Committees on Appropriations.
            (2) <<NOTE: Deadline.>>  Spend plan.--Not later than 90 days 
        after enactment of this Act, the Secretary of State shall submit 
        a spend plan consistent with the requirements in section 7062(b) 
        of this Act.
            (3) Report.--Not later than 90 days after enactment of this 
        Act, the Secretary of State shall submit a report to the 
        Committees on Appropriations on the extent to which--
                    (A) the Government of Tunisia is implementing 
                economic reforms, countering corruption, and taking 
                credible steps to restore constitutional order and 
                democratic governance, including respecting freedoms of 
                expression, association, and the press, and the rights 
                of members of political parties;
                    (B) the Government of Tunisia is maintaining the 
                independence of the judiciary and holding security 
                forces who commit human rights abuses accountable; and
                    (C) the Tunisian military has remained an apolitical 
                and professional institution.

    (l) West Bank and Gaza.--
            (1) Assistance.--Funds appropriated by this Act under the 
        heading ``Economic Support Fund'' shall be made available for 
        programs in the West Bank and Gaza, which may include water, 
        sanitation, and other infrastructure improvements.
            (2) Report on assistance.--Prior to the initial obligation 
        of funds made available by this Act under the heading ``Economic 
        Support Fund'' for assistance for the West Bank and Gaza, the 
        Secretary of State shall report to the Committees on 
        Appropriations that the purpose of such assistance is to--
                    (A) advance Middle East peace;
                    (B) improve security in the region;
                    (C) continue support for transparent and accountable 
                government institutions;
                    (D) promote a private sector economy; or
                    (E) address urgent humanitarian needs.
            (3) Limitations.--
                    (A)(i) None of the funds appropriated under the 
                heading ``Economic Support Fund'' in this Act may be 
                made available for assistance for the Palestinian 
                Authority, if after the date of enactment of this Act--

[[Page 136 STAT. 641]]

                          (I) the Palestinians obtain the same standing 
                      as member states or full membership as a state in 
                      the United Nations or any specialized agency 
                      thereof outside an agreement negotiated between 
                      Israel and the Palestinians; or
                          (II) the Palestinians initiate an 
                      International Criminal Court (ICC) judicially 
                      authorized investigation, or actively support such 
                      an investigation, that subjects Israeli nationals 
                      to an investigation for alleged crimes against 
                      Palestinians.
                    (ii) <<NOTE: Waiver 
                authority. Certification. Reports.>>  The Secretary of 
                State may waive the restriction in clause (i) of this 
                subparagraph resulting from the application of subclause 
                (I) of such clause if the Secretary certifies to the 
                Committees on Appropriations that to do so is in the 
                national security interest of the United States, and 
                submits a report to such Committees detailing how the 
                waiver and the continuation of assistance would assist 
                in furthering Middle East peace.
                    (B)(i) <<NOTE: President. Waiver 
                authority. Certification.>>  The President may waive the 
                provisions of section 1003 of the Foreign Relations 
                Authorization Act, Fiscal Years 1988 and 1989 (Public 
                Law 100-204) if the President determines and certifies 
                in writing to the Speaker of the House of 
                Representatives, the President pro tempore of the 
                Senate, and the appropriate congressional committees 
                that the Palestinians have not, after the date of 
                enactment of this Act--
                          (I) obtained in the United Nations or any 
                      specialized agency thereof the same standing as 
                      member states or full membership as a state 
                      outside an agreement negotiated between Israel and 
                      the Palestinians; and
                          (II) initiated or actively supported an ICC 
                      investigation against Israeli nationals for 
                      alleged crimes against Palestinians.
                    (ii) <<NOTE: Deadline.>>  Not less than 90 days 
                after the President is unable to make the certification 
                pursuant to clause (i) of this subparagraph, the 
                President may waive section 1003 of Public Law 100-204 
                if the President determines and certifies in writing to 
                the Speaker of the House of Representatives, the 
                President pro tempore of the Senate, and the Committees 
                on Appropriations that the Palestinians have entered 
                into direct and meaningful negotiations with Israel:  
                Provided, That any waiver of the provisions of section 
                1003 of Public Law 100-204 under clause (i) of this 
                subparagraph or under previous provisions of law must 
                expire before the waiver under this clause may be 
                exercised.
                    (iii) <<NOTE: Time periods.>>  Any waiver pursuant 
                to this subparagraph shall be effective for no more than 
                a period of 6 months at a time and shall not apply 
                beyond 12 months after the enactment of this Act.
            (4) Application of taylor force act.--Funds appropriated by 
        this Act under the heading ``Economic Support Fund'' that are 
        made available for assistance for the West Bank and Gaza shall 
        be made available consistent with section 1004(a) of the Taylor 
        Force Act (title X of division S of Public Law 115-141).

[[Page 136 STAT. 642]]

            (5) Security 
        report. <<NOTE: Requirements. Applicability.>> --The reporting 
        requirements in section 1404 of the Supplemental Appropriations 
        Act, 2008 (Public Law 110-252) shall apply to funds made 
        available by this Act, including a description of modifications, 
        if any, to the security strategy of the Palestinian Authority.
            (6) Incitement report.--Not later than 90 days after 
        enactment of this Act, the Secretary of State shall submit a 
        report to the appropriate congressional committees detailing 
        steps taken by the Palestinian Authority to counter incitement 
        of violence against Israelis and to promote peace and 
        coexistence with Israel.

                                 africa

    Sec. 7042. <<NOTE: Determination. Reports.>>  (a) African Great 
Lakes Region Assistance Restriction.--Funds appropriated by this Act 
under the heading ``International Military Education and Training'' for 
the central government of a country in the African Great Lakes region 
may be made available only for Expanded International Military Education 
and Training and professional military education until the Secretary of 
State determines and reports to the Committees on Appropriations that 
such government is not facilitating or otherwise participating in 
destabilizing activities in a neighboring country, including aiding and 
abetting armed groups.

    (b) Central African Republic.--Of the funds appropriated by this Act 
under the heading ``Economic Support Fund'', not less than $3,000,000 
shall be made available for a contribution to the Special Criminal Court 
in Central African Republic.
    (c) Counter Illicit Armed Groups. <<NOTE: Lord's Resistance 
Army. Child soldiers.>> --Funds appropriated by this Act shall be made 
available for programs and activities in areas affected by the Lord's 
Resistance Army (LRA) or other illicit armed groups in Eastern 
Democratic Republic of the Congo and the Central African Republic, 
including to improve physical access, telecommunications infrastructure, 
and early-warning mechanisms and to support the disarmament, 
demobilization, and reintegration of former LRA combatants, especially 
child soldiers.

    (d) Democratic Republic of the Congo. <<NOTE: Ebola.>> --Of the 
funds appropriated under titles III and IV of this Act, not less than 
$325,000,000 shall be made available for assistance for the Democratic 
Republic of the Congo (DRC) for stabilization, global health, and 
bilateral economic assistance, including in areas affected by, and at 
risk from, the Ebola virus disease:  Provided, That such funds shall 
also be made available to support security, stabilization, development, 
and democracy in Eastern DRC:  Provided further, That funds appropriated 
by this Act under the headings ``Peacekeeping Operations'' and 
``International Military Education and Training'' that are made 
available for such purposes may be made available notwithstanding any 
other provision of law, except section 620M of the Foreign Assistance 
Act of 1961.

    (e) Ethiopia.--
            (1) Assistance.--Funds appropriated by this Act that are 
        made available for assistance for Ethiopia should be used to 
        support--
                    (A) a political dialogue to end the conflict;
                    (B) civil society and protect human rights;
                    (C) efforts to provide unimpeded access to 
                humanitarian assistance; and

[[Page 136 STAT. 643]]

                    (D) investigations and prosecutions of gross 
                violations of human rights.
            (2) <<NOTE: Deadline.>>  Spend plan.--Not later than 90 days 
        after enactment of this Act, the Secretary of State shall submit 
        a spend plan consistent with the requirements in section 7062(b) 
        of this Act.
            (3) Report.--Not later than 90 days after enactment of this 
        Act, the Secretary of State shall submit a report to the 
        appropriate congressional committees on the extent to which the 
        Government of Ethiopia and other parties to the conflict--
                    (A) have ceased offensive military operations;
                    (B) have taken credible steps toward a political 
                dialogue to end the conflict;
                    (C) are providing unimpeded access to humanitarian 
                assistance;
                    (D) are taking effective steps to protect human 
                rights and comply with international humanitarian law 
                and international refugee law; and
                    (E) are cooperating with independent investigations 
                of gross violations of human rights.

    (f) Malawi.--Funds appropriated by this Act and prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs that are made available for higher education programs 
in Malawi shall be made available for higher education and workforce 
development programs in agriculture as described under this section in 
House Report 117-84.
    (g) Mozambique.--Of the funds appropriated under titles III and IV 
of this Act, not less than $537,500,000 shall be made available for 
assistance for Mozambique, including for stabilization, global health, 
and bilateral economic assistance in areas affected by violent 
extremism.
    (h) South Sudan.--
            (1) Assistance.--Funds appropriated under title III of this 
        Act that are made available for assistance for South Sudan 
        should be made available for democracy programs, including 
        programs to support civil society, and for conflict mitigation 
        and reconciliation programs, at levels above the prior fiscal 
        year.
            (2) Limitation on assistance for the central government.--
        Funds <<NOTE: Consultation.>>  appropriated by this Act that are 
        made available for assistance for the central Government of 
        South Sudan may only be made available, following consultation 
        with the Committees on Appropriations, for--
                    (A) humanitarian assistance;
                    (B) health programs, including to prevent, detect, 
                and respond to infectious diseases;
                    (C) assistance to support South Sudan peace 
                negotiations or to advance or implement a peace 
                agreement; and
                    (D) assistance to support implementation of 
                outstanding issues of the Comprehensive Peace Agreement, 
                and subsequent and mutual arrangements related to such 
                agreement, or any other internationally recognized 
                viable peace agreement in South Sudan:
          Provided, That <<NOTE: Consultation.>>  prior to the initial 
        obligation of funds made available pursuant to subparagraphs (C) 
        and (D), the Secretary of State shall consult with the 
        Committees on Appropriations

[[Page 136 STAT. 644]]

        on the intended uses of such funds and steps taken by such 
        government to advance or implement a peace agreement.

    (i) Sudan.--
            (1) Assistance.--Funds appropriated by this Act under title 
        III should be made available to support a civilian-led 
        transition in Sudan:  Provided, That notwithstanding any other 
        provision of law except section 620M of the Foreign Assistance 
        Act of 1961, the Trafficking Victims Protection Act of 2000, and 
        the Child Soldiers Prevention Act of 2008, such funds may be 
        made available for agriculture and economic growth programs, and 
        economic assistance for marginalized areas in Sudan and Abyei:  
        Provided further, <<NOTE: Reports.>> That funds should be 
        prioritized for civil society capacity building, political party 
        and coalition building, women and youth empowerment, protection 
        of human rights, and support for elections if the Secretary of 
        State reports to the appropriate congressional committees that 
        conditions exist for free and fair elections.
            (2) Limitation.--None of the funds appropriated by this Act 
        under title IV may be made available for assistance for the 
        central Government of Sudan, except to support implementation of 
        outstanding issues of the Comprehensive Peace Agreement, mutual 
        arrangements related to post-referendum issues associated with 
        such Agreement, or any other viable peace agreement in Sudan.
            (3) Consultation and notification.--Funds appropriated by 
        this Act and prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs that are made 
        available for any new program, project, or activity in Sudan 
        shall be subject to prior consultation with the appropriate 
        congressional committees.

    (j) Zimbabwe.--
            (1) <<NOTE: Certifications. Reports. 22 USC 2151 note.>>  
        Instruction.--The Secretary of the Treasury shall instruct the 
        United States executive director of each international financial 
        institution to vote against any extension by the respective 
        institution of any loan or grant to the Government of Zimbabwe, 
        except to meet basic human needs or to promote democracy, unless 
        the Secretary of State certifies and reports to the Committees 
        on Appropriations that the rule of law has been restored, 
        including respect for ownership and title to property, and 
        freedoms of expression, association, and assembly.
            (2) Limitation.--None of the funds appropriated by this Act 
        shall be made available for assistance for the central 
        Government of Zimbabwe, except for health and education, unless 
        the Secretary of State certifies and reports as required in 
        paragraph (1).

                        east asia and the pacific

    Sec. 7043. (a) Burma.--
            (1) Uses of funds.--Of the funds appropriated by this Act, 
        not less than $136,127,000 shall be made available for 
        assistance for Burma, which--
                    (A) may be made available notwithstanding any other 
                provision of law and following consultation with the 
                appropriate congressional committees;

[[Page 136 STAT. 645]]

                    (B) <<NOTE: Consultation.>>  may be made available 
                for support for the administrative operations and 
                programs of the entities listed under this subsection in 
                the explanatory statement described in section 4 (in the 
                matter preceding division A of this consolidated Act) 
                and other entities that support peaceful efforts to 
                establish an inclusive and representative democracy in 
                Burma and a federal union to foster equality among 
                Burma's diverse ethnic groups, following consultation 
                with the Committees on Appropriations;
                    (C) shall be made available for programs to promote 
                ethnic and religious tolerance, unity, and 
                accountability and to combat gender-based violence, 
                including in Kachin, Chin, Mon, Karen, Karenni, Rakhine, 
                and Shan states;
                    (D) shall be made available for community-based 
                organizations with experience operating in Thailand to 
                provide food, medical, and other humanitarian assistance 
                to internally displaced persons in eastern Burma, in 
                addition to assistance for Burmese refugees from funds 
                appropriated by this Act under the heading ``Migration 
                and Refugee Assistance''; and
                    (E) <<NOTE: Human rights.>>  shall be made available 
                for programs and activities to investigate and document 
                violations of human rights in Burma committed by the 
                military junta.
            (2) International security assistance.--None of the funds 
        appropriated by this Act under the headings ``International 
        Military Education and Training'' and ``Foreign Military 
        Financing Program'' may be made available for assistance for 
        Burma.
            (3) <<NOTE: Human rights. Determination.>>  Limitations.--
        None of the funds appropriated by this Act that are made 
        available for assistance for Burma may be made available to the 
        State Administration Council or any organization or entity 
        controlled by, or an affiliate of, the armed forces of Burma, or 
        to any individual or organization that has committed a gross 
        violation of human rights or advocates violence against ethnic 
        or religious groups or individuals in Burma, as determined by 
        the Secretary of State for programs administered by the 
        Department of State and USAID or the President of the National 
        Endowment for Democracy (NED) for programs administered by NED.
            (4) Consultation.--Any new program or activity in Burma 
        initiated in fiscal year 2022 shall be subject to prior 
        consultation with the appropriate congressional committees.

    (b) Cambodia.--
            (1) Assistance.--Of the funds appropriated under title III 
        of this Act, not less than $82,505,000 shall be made available 
        for assistance for Cambodia.
            (2) Certification and exceptions.--
                    (A) <<NOTE: Reports.>>  Certification.--None of the 
                funds appropriated by this Act that are made available 
                for assistance for the Government of Cambodia may be 
                obligated or expended unless the Secretary of State 
                certifies and reports to the Committees on 
                Appropriations that such Government is taking effective 
                steps to--
                          (i) strengthen regional security and 
                      stability, particularly regarding territorial 
                      disputes in the South China Sea and the 
                      enforcement of international sanctions with 
                      respect to North Korea;

[[Page 136 STAT. 646]]

                          (ii) assert its sovereignty against 
                      interference by the People's Republic of China, 
                      including by verifiably maintaining the neutrality 
                      of Ream Naval Base, other military installations 
                      in Cambodia, and dual use facilities such as the 
                      Dara Sakor development project;
                          (iii) cease violence, threats, and harassment 
                      against civil society and the political opposition 
                      in Cambodia, and dismiss any politically motivated 
                      criminal charges against critics of the 
                      government; and
                          (iv) respect the rights, freedoms, and 
                      responsibilities enshrined in the Constitution of 
                      the Kingdom of Cambodia as enacted in 1993.
                    (B) Exceptions.--The certification required by 
                subparagraph (A) shall not apply to funds appropriated 
                by this Act and made available for democracy, health, 
                education, and environment programs, programs to 
                strengthen the sovereignty of Cambodia, and programs to 
                educate and inform the people of Cambodia of the 
                influence activities of the People's Republic of China 
                in Cambodia.
            (3) Uses of funds.--Funds appropriated under title III of 
        this Act for assistance for Cambodia shall be made available 
        for--
                    (A) research, documentation, and education programs 
                associated with the Khmer Rouge in Cambodia; and
                    (B) programs in the Khmer language to monitor, map, 
                and publicize the efforts by the People's Republic of 
                China to expand its influence in Cambodia.

    (c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 
2018.--
            (1) Assistance.--Of the funds appropriated under titles III 
        and IV of this Act, not less than $1,605,105,000 shall be made 
        available to support implementation of the Indo-Pacific Strategy 
        and the Asia Reassurance Initiative Act of 2018 (Public Law 115-
        409).
            (2) Countering prc influence fund.-- 
        <<NOTE: Consultation.>> Of the funds appropriated by this Act 
        under the headings ``Development Assistance'',``Economic Support 
        Fund'', ``International Narcotics Control and Law Enforcement'', 
        ``Nonproliferation, Anti-terrorism, Demining and Related 
        Programs'', and ``Foreign Military Financing Program'', not less 
        than $300,000,000 shall be made available for a Countering PRC 
        Influence Fund to counter the influence of the Government of the 
        People's Republic of China and the Chinese Communist Party and 
        entities acting on their behalf globally, which shall be subject 
        to prior consultation with the Committees on Appropriations:  
        Provided, That such funds are in addition to amounts otherwise 
        made available for such purposes:  Provided further, That up to 
        10 percent of such funds shall be held in reserve to respond to 
        unanticipated opportunities to counter PRC influence:  Provided 
        further, That the uses of such funds shall be the joint 
        responsibility of the Secretary of State and the USAID 
        Administrator, in accordance with the guidance contained in the 
        explanatory statement described in section 4 (in the matter 
        preceding division A of this consolidated Act):  Provided 
        further, <<NOTE: Consultation.>>  That prior to the initial 
        obligation of such funds, the Secretary of State and USAID 
        Administrator shall consult with the Committees on 
        Appropriations:  Provided further, <<NOTE: Transfer 
        authority.>> That funds appropriated

[[Page 136 STAT. 647]]

        by this Act for such Fund under the headings ``International 
        Narcotics Control and Law Enforcement'', ``Nonproliferation, 
        Anti-terrorism, Demining and Related Programs'', and ``Foreign 
        Military Financing Program'' may be transferred to, and merged 
        with, funds appropriated under such headings:  Provided 
        further, <<NOTE: Notification.>> That such transfer authority is 
        in addition to any other transfer authority provided by this Act 
        or any other Act, and is subject to the regular notification 
        procedures of the Committees on Appropriations.
            (3) Restriction on uses of funds.--None of the funds 
        appropriated by this Act and prior Acts making appropriations 
        for the Department of State, foreign operations, and related 
        programs may be made available for any project or activity that 
        directly supports or promotes--
                    (A) the Belt and Road Initiative or any dual-use 
                infrastructure projects of the People's Republic of 
                China; and
                    (B) <<NOTE: Determination.>> the use of technology, 
                including biotechnology, digital, telecommunications, 
                and cyber, developed by the People's Republic of China 
                unless the Secretary of State, in consultation with the 
                USAID Administrator and the heads of other Federal 
                agencies, as appropriate, determines that such use does 
                not adversely impact the national security of the United 
                States.
            (4) Maps.--None of the funds made available by this Act 
        should be used to create, procure, or display any map that 
        inaccurately depicts the territory and social and economic 
        system of Taiwan and the islands or island groups administered 
        by Taiwan authorities.

    (d) Laos.-- <<NOTE: Agent Orange.>> Of the funds appropriated by 
this Act under titles III and IV, not less than $85,000,000 shall be 
made available for assistance for Laos, of which not less than 
$1,500,000 should be made available for health and disability programs 
to assist persons with severe physical mobility, cognitive, or 
developmental disabilities that may be related to the use of Agent 
Orange and exposure to dioxin:  
Provided, <<NOTE: Assessments. Determination.>> That funds made 
available pursuant to this subsection may be used for assessments to 
determine the existence of dioxin contamination resulting from the use 
of Agent Orange in Laos and the feasibility and cost of remediation.

    (e) North Korea.--
            (1) <<NOTE: Determinations. Reports.>>  Cybersecurity.--None 
        of the funds appropriated by this Act or prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs may be made available for assistance for 
        the central government of a country the Secretary of State 
        determines and reports to the appropriate congressional 
        committees engages in significant transactions contributing 
        materially to the malicious cyber-intrusion capabilities of the 
        Government of North Korea:  Provided, That the Secretary of 
        State shall submit the report required by section 209 of the 
        North Korea Sanctions and Policy Enhancement Act of 2016 (Public 
        Law 114-122; 22 U.S.C. 9229) to the Committees on 
        Appropriations:  Provided further, <<NOTE: Waiver authority.>>  
        That the Secretary of State may waive the application of the 
        restriction in this paragraph with respect to assistance for the 
        central government of a country if the Secretary determines and 
        reports to the appropriate congressional committees that to do 
        so is important to the national security interest of the United 
        States, including a description of such interest served.

[[Page 136 STAT. 648]]

            (2) Broadcasts.--Funds appropriated by this Act under the 
        heading ``International Broadcasting Operations'' shall be made 
        available to maintain broadcasting hours into North Korea at 
        levels not less than the prior fiscal year.
            (3) Human rights.--Funds appropriated by this Act under the 
        headings ``Economic Support Fund'' and ``Democracy Fund'' shall 
        be made available for the promotion of human rights in North 
        Korea:  Provided, <<NOTE: Applicability.>> That the authority of 
        section 7032(b)(1) of this Act shall apply to such funds.
            (4) Limitation on use of funds.--None of the funds made 
        available by this Act under the heading ``Economic Support 
        Fund'' may be made available for assistance for the Government 
        of North Korea.

    (f) People's Republic of China.--
            (1) <<NOTE: Time period. Notification.>>  Limitation on use 
        of funds.--None of the funds appropriated under the heading 
        ``Diplomatic Programs'' in this Act may be obligated or expended 
        for processing licenses for the export of satellites of United 
        States origin (including commercial satellites and satellite 
        components) to the People's Republic of China (PRC) unless, at 
        least 15 days in advance, the Committees on Appropriations are 
        notified of such proposed action.
            (2) <<NOTE: Applicability.>>  People's liberation army.--The 
        terms and requirements of section 620(h) of the Foreign 
        Assistance Act of 1961 shall apply to foreign assistance 
        projects or activities of the People's Liberation Army (PLA) of 
        the PRC, to include such projects or activities by any entity 
        that is owned or controlled by, or an affiliate of, the PLA:  
        Provided, That none of the funds appropriated or otherwise made 
        available pursuant to this Act may be used to finance any grant, 
        contract, or cooperative agreement with the PLA, or any entity 
        that the Secretary of State has reason to believe is owned or 
        controlled by, or an affiliate of, the PLA.
            (3) Hong kong.--
                    (A) Democracy programs.--Of the funds appropriated 
                by this Act under the first paragraph under the heading 
                ``Democracy Fund'', not less than $4,000,000 shall be 
                made available for democracy and Internet freedom 
                programs for Hong Kong, including legal and other 
                support for democracy activists.
                    (B) Restrictions on assistance.--None of the funds 
                appropriated by this Act or prior Acts making 
                appropriations for the Department of State, foreign 
                operations, and related programs that are made available 
                for assistance for Hong Kong should be obligated for 
                assistance for the Government of the People's Republic 
                of China and the Chinese Communist Party or any entity 
                acting on their behalf in Hong Kong.
                    (C) Report.--The report required under section 
                7043(f)(3)(C) of the Department of State, Foreign 
                Operations, and Related Programs Appropriations Act, 
                2021 (division K of Public Law 116-260) shall be updated 
                and submitted to the Congress in the manner described.

    (g) Philippines.--None of the funds appropriated by this Act may be 
made available for counternarcotics assistance for the Philippines, 
except for drug demand reduction, maritime law enforcement, or 
transnational interdiction:  Provided, <<NOTE: Deadline. Update.>>  That 
not later than 45 days after enactment of this Act, the Secretary of 
State shall

[[Page 136 STAT. 649]]

update the report required under this heading in Senate Report 116-126 
and indicate how the findings in such report are reflected in United 
States assistance for the armed forces of the Philippines.

    (h) Tibet.--
            (1) Financing of projects in tibet.--The Secretary of the 
        Treasury should instruct the United States executive director of 
        each international financial institution to use the voice and 
        vote of the United States to support financing of projects in 
        Tibet if such projects do not provide incentives for the 
        migration and settlement of non-Tibetans into Tibet or 
        facilitate the transfer of ownership of Tibetan land and natural 
        resources to non-Tibetans, are based on a thorough needs-
        assessment, foster self-sufficiency of the Tibetan people and 
        respect Tibetan culture and traditions, and are subject to 
        effective monitoring.
            (2) Programs for tibetan communities.--
                    (A) Notwithstanding any other provision of law, of 
                the funds appropriated by this Act under the heading 
                ``Economic Support Fund'', not less than $10,000,000 
                shall be made available to nongovernmental organizations 
                with experience working with Tibetan communities to 
                support activities which preserve cultural traditions 
                and promote sustainable development, education, and 
                environmental conservation in Tibetan communities in the 
                Tibet Autonomous Region and in other Tibetan communities 
                in China.
                    (B) Of the funds appropriated by this Act under the 
                heading ``Economic Support Fund'', not less than 
                $8,000,000 shall be made available for programs to 
                promote and preserve Tibetan culture and language in the 
                refugee and diaspora Tibetan communities, development, 
                and the resilience of Tibetan communities and the 
                Central Tibetan Administration in India and Nepal, and 
                to assist in the education and development of the next 
                generation of Tibetan leaders from such communities:  
                Provided, That such funds are in addition to amounts 
                made available in subparagraph (A) for programs inside 
                Tibet.
                    (C) Of the funds appropriated by this Act under the 
                heading ``Economic Support Fund'', not less than 
                $3,000,000 shall be made available for programs to 
                strengthen the capacity of the Central Tibetan 
                Administration:  Provided, That such funds shall be 
                administered by the United States Agency for 
                International Development.
            (3) Tibetan institutes promoting democracy and religious 
        freedom.--Funds appropriated by this Act that are made available 
        for the Countering PRC Influence Fund shall be made available, 
        on a competitive basis, as grants for operations and program 
        expenses of one or more Tibetan institutes established by 
        Tibetan nationals and located in Asia, a purpose of which is to 
        support democracy and religious freedom in Tibet and the 
        People's Republic of China:  Provided, That such funds shall be 
        the responsibility of the Assistant Secretary of State for 
        Democracy, Human Rights, and Labor in coordination with the 
        United States Special Coordinator for Tibetan Issues, and shall 
        be in addition to funds otherwise made available for such 
        purposes.

[[Page 136 STAT. 650]]

    (i) Vietnam.--Of the funds appropriated under titles III and IV of 
this Act, not less than $181,000,000 shall be made available for 
assistance for Vietnam, of which not less than--
            (1) $15,000,000 shall be made available for health and 
        disability programs to assist persons with severe physical 
        mobility, cognitive, or developmental disabilities that may be 
        related to the use of Agent Orange and exposure to dioxin;
            (2) $20,000,000 shall be made available, notwithstanding any 
        other provision of law, for activities related to the 
        remediation of dioxin contaminated sites in Vietnam and may be 
        made available for assistance for the Government of Vietnam, 
        including the military, for such purposes;
            (3) $2,000,000 shall be made available for a Reconciliation/
        Vietnamese Wartime Accounting Initiative; and
            (4) $15,000,000 shall be made available for higher education 
        programs.

                         south and central asia

    Sec. 7044. (a) Afghanistan.--
            (1) None of the funds appropriated by this Act and prior 
        Acts making appropriations for the Department of State, foreign 
        operations, and related programs and made available for 
        assistance for Afghanistan may be made available for direct 
        assistance to the Taliban.
            (2) Afghan special immigrant visas.--Funds appropriated or 
        otherwise made available by this Act under the heading 
        ``Administration for Foreign Affairs'' shall be made available 
        for additional Department of State personnel necessary to 
        eliminate processing backlogs and expedite adjudication of 
        Afghan Special Immigrant Visa cases.
            (3) Report.--Not later than 45 days after enactment of the 
        Act, the Secretary of State and the USAID Administrator shall 
        submit a report to the appropriate congressional committees 
        detailing plans, consistent with the limitation contained in 
        paragraph (1), to--
                    (A) protect and strengthen the rights of Afghan 
                women and girls;
                    (B) support higher education programs, including 
                continued support for the American University of 
                Afghanistan's (AUAF) online programs and support for 
                other higher education institutions in South Asia and 
                the Middle East that are hosting AUAF and other Afghan 
                students;
                    (C) support Afghan civil society activists, 
                journalists, and independent media, including in third 
                countries; and
                    (D) support health, education, including community-
                based education, and other programs to address the basic 
                needs of the people of Afghanistan.

    (b) Bangladesh.--Of the funds appropriated under titles III and IV 
of this Act that are made available for assistance for Bangladesh--
            (1) not less than $23,500,000 shall be made available to 
        address the needs of communities impacted by refugees from 
        Burma;
            (2) not less than $10,000,000 shall be made available for 
        programs to protect freedom of expression and association, and 
        the right of due process; and

[[Page 136 STAT. 651]]

            (3) not less than $23,300,000 shall be made available for 
        democracy programs, of which not less than $2,000,000 shall be 
        made available for such programs for the Rohingya community in 
        Bangladesh.

    (c) Nepal.--Funds appropriated by this Act under the heading 
``Foreign Military Financing Program'' that are made available for 
assistance for Nepal shall only be made available for humanitarian and 
disaster relief and reconstruction activities, and in support of 
international peacekeeping operations, military professionalization and 
training, and border security activities:  Provided, 
That <<NOTE: Certification. Reports. Human rights.>> such funds may only 
be made available for additional uses if the Secretary of State 
certifies and reports to the Committees on Appropriations that the 
Government of Nepal is investigating and prosecuting violations of human 
rights and the laws of war by the Nepal Army, and the Nepal Army is 
cooperating fully with civilian judicial authorities in such cases.

    (d) Pakistan.--
            (1) Assistance.--
                    (A) Security assistance.--Funds appropriated by this 
                Act under the heading ``Foreign Military Financing 
                Program'' for assistance for Pakistan may be made 
                available only to support counterterrorism and 
                counterinsurgency capabilities in Pakistan.
                    (B) <<NOTE: Reports.>>  Bilateral economic 
                assistance.--Prior to the obligation of funds made 
                available by this Act under the heading ``Economic 
                Support Fund'' for assistance for the central Government 
                of Pakistan, the Secretary of State shall submit a 
                report to the appropriate congressional committees 
                detailing--
                          (i) the amount of financing and other support, 
                      if any, provided by the Government of Pakistan to 
                      schools supported by, affiliated with, or run by 
                      the Taliban or any domestic or foreign terrorist 
                      organization in Pakistan;
                          (ii) the extent of cooperation by such 
                      government in issuing visas in a timely manner for 
                      United States visitors, including officials and 
                      representatives of nongovernmental organizations, 
                      engaged in assistance and security programs in 
                      Pakistan;
                          (iii) the extent to which such government is 
                      providing humanitarian organizations access to 
                      detainees, internally displaced persons, and other 
                      Pakistani civilians affected by conflict in 
                      Pakistan and the region; and
                          (iv) the extent to which such government is 
                      strengthening democracy in Pakistan, including 
                      protecting freedom of expression, assembly, and 
                      religion.
            (2) Authority and uses of funds.--
                    (A) Funds appropriated by this Act for assistance 
                for Pakistan may be made available notwithstanding any 
                other provision of law, except for section 620M of the 
                Foreign Assistance Act of 1961.
                    (B) Funds appropriated by this Act under the 
                headings ``Economic Support Fund'' and 
                ``Nonproliferation, Anti-terrorism, Demining and Related 
                Programs'' that are made available for assistance for 
                Pakistan shall be made available to interdict precursor 
                materials from Pakistan to

[[Page 136 STAT. 652]]

                Afghanistan that are used to manufacture improvised 
                explosive devices and for agriculture extension programs 
                that encourage alternative fertilizer use among 
                Pakistani farmers to decrease the dual use of fertilizer 
                in the manufacturing of improvised explosive devices.
                    (C) <<NOTE: Consultation.>>  Funds appropriated by 
                this Act under the heading ``International Narcotics 
                Control and Law Enforcement'' shall be made available 
                for border security programs in Pakistan, following 
                consultation with the Committees on Appropriations.
                    (D) Funds appropriated by title III of this Act 
                shall be made available for programs to promote 
                democracy and for gender programs in Pakistan.
            (3) Withholding.--Of the funds appropriated under titles III 
        and IV of this Act that are made available for assistance for 
        Pakistan, $33,000,000 shall be withheld from obligation until 
        the Secretary of State reports to the Committees on 
        Appropriations that Dr. Shakil Afridi has been released from 
        prison and cleared of all charges relating to the assistance 
        provided to the United States in locating Osama bin Laden.
            (4) Oversight.--The Secretary of State shall take all 
        practicable steps to ensure that mechanisms are in place for 
        monitoring, oversight, and control of funds made available by 
        this subsection for assistance for Pakistan:  
        Provided, <<NOTE: Notification.>>  That the Secretary shall 
        inform the Committees on Appropriations of such steps in a 
        timely manner.

    (e) Sri Lanka.--
            (1) Assistance.--Funds appropriated under title III of this 
        Act shall be made available for assistance for Sri Lanka for 
        democracy and economic development programs, particularly in 
        areas recovering from ethnic and religious conflict.
            (2) Certification.-- <<NOTE: Reports.>> Funds appropriated 
        by this Act for assistance for the central Government of Sri 
        Lanka may be made available only if the Secretary of State 
        certifies and reports to the Committees on Appropriations that 
        such Government is taking effective and consistent steps to--
                    (A) <<NOTE: Human rights.>>  protect the rights and 
                freedoms of the people of Sri Lanka regardless of 
                ethnicity and religious belief, including by 
                investigating violations of human rights and the laws of 
                war and holding perpetrators of such violations 
                accountable;
                    (B) increase transparency and accountability in 
                governance and reduce corruption;
                    (C) assert its sovereignty against influence by the 
                People's Republic of China; and
                    (D) promote reconciliation between ethnic and 
                religious groups, particularly arising from past 
                conflict in Sri Lanka, including by--
                          (i) addressing land confiscation and ownership 
                      issues;
                          (ii) resolving cases of missing persons, 
                      including by maintaining a functioning office of 
                      missing persons;
                          (iii) reducing the presence of the armed 
                      forces in former conflict zones and restructuring 
                      the armed forces for a peacetime role that 
                      contributes to post-conflict reconciliation and 
                      regional security;

[[Page 136 STAT. 653]]

                          (iv) repealing or amending laws on arrest and 
                      detention by security forces to comply with 
                      international standards; and
                          (v) investigating allegations of arbitrary 
                      arrest and torture, and supporting a credible 
                      justice mechanism for resolving cases of war 
                      crimes:
                  Provided, That the limitations of this paragraph shall 
                not apply to funds made available for humanitarian 
                assistance and disaster relief; to protect human rights, 
                locate and identify missing persons, and assist victims 
                of torture and trauma; to promote justice, 
                accountability, and reconciliation; to enhance maritime 
                security and domain awareness; to promote fiscal 
                transparency and sovereignty; and for International 
                Military Education and Training.
            (3) Limitation.--None of the funds appropriated by this Act 
        may be made available for assistance for the Sri Lankan armed 
        forces, except for humanitarian assistance, disaster relief, 
        instruction in human rights and related curricula development, 
        and maritime security and domain awareness, including 
        professionalization and training for the navy and coast guard.
            (4) Consultation.--Funds made available for assistance for 
        Sri Lanka other than for the purposes specified in paragraph (1) 
        shall be subject to prior consultation with the Committees on 
        Appropriations.

    (f) Regional Programs.--Funds appropriated by this Act shall be made 
available for assistance for countries in South and Central Asia to 
significantly increase the recruitment, training, and retention of women 
in the judiciary, police, and other security forces, and to train 
judicial and security personnel in such countries to prevent and address 
gender-based violence, human trafficking, and other practices that 
disproportionately harm women and girls.

                     latin america and the caribbean

    Sec. 7045. (a) Central America.--
            (1) Assistance.--Funds appropriated by this Act under titles 
        III and IV shall be made available for assistance for Belize, 
        Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and 
        Panama, including through the Central America Regional Security 
        Initiative:  Provided, <<NOTE: Aliens.>> That such assistance 
        shall be prioritized for programs that address the violence, 
        poverty, corruption, and other factors that contribute to 
        irregular migration, particularly of unaccompanied minors, to 
        the United States, including for programs to reduce violence 
        against women and girls, protect the rights of Indigenous 
        people, support civil society and other independent 
        institutions, enhance economic opportunity, combat corruption 
        and impunity, and dismantle illegal armed groups and drug 
        trafficking organizations.
                    (A) Of the funds made available pursuant to 
                paragraph (1)--
                          (i) Not less than $61,500,000 shall be made 
                      available to support entities and activities to 
                      combat corruption and impunity in such countries, 
                      including, as appropriate, offices of Attorneys 
                      General; and

[[Page 136 STAT. 654]]

                          (ii) Not less than $70,000,000 shall be made 
                      available for programs to reduce violence against 
                      women and girls:  Provided, That of such funds, up 
                      to $15,000,000 shall be made available to support 
                      bilateral compacts with the governments of such 
                      countries for the specific purpose of 
                      strengthening their capacity to protect women and 
                      children from domestic violence, sexual assault, 
                      trafficking, and child abuse or neglect, including 
                      by holding perpetrators accountable.
                    (B) Within the funds made available pursuant to 
                paragraph (1) and made available for assistance for El 
                Salvador, Guatemala, and Honduras, not less than 
                $100,000,000 should be made available for programs that 
                support locally-led development in such countries:  
                Provided, That up to 15 percent of the funds made 
                available to carry out this subparagraph may be used by 
                the Administrator of the United States Agency for 
                International Development for administrative and 
                oversight expenses related to the purposes of this 
                subparagraph:  Provided 
                further, <<NOTE: Consultation.>>  That the USAID 
                Administrator shall consult with the Committees on 
                Appropriations on the planned uses of funds to carry out 
                this subparagraph prior to the initial obligation of 
                funds:  Provided further, <<NOTE: Notification.>>  That 
                such funds shall be subject to the regular notification 
                procedures of the Committees on Appropriations.
                    (C) Funds made available pursuant to paragraph (1) 
                shall be made available for a program in El Salvador, 
                Guatemala, and Honduras which shall be referred to as 
                the Central America Youth Empowerment Program (CAYEP) 
                and shall be implemented in accordance with the 
                guidelines under this section in the explanatory 
                statement described in section 4 (in the matter 
                preceding division A of this consolidated Act):  
                Provided, That the goal of the CAYEP shall be to create 
                measurable reductions in migration from targeted 
                communities in such countries by recruiting young people 
                to engage in COVID-19 response, hurricane preparedness 
                and recovery, and other community projects, while having 
                secondary impacts by channeling additional income into 
                local economies and providing needed skills training for 
                future employment in local businesses:  Provided 
                further, That funds made available to support the CAYEP 
                should be matched with contributions from private donors 
                and local governments:  Provided further, <<NOTE: Spend 
                plan.>> That the spend plan required by section 
                7062(b)(1)(A) of this Act for countries in Central 
                America shall include specific amounts planned for the 
                CAYEP:  Provided 
                further, <<NOTE: Deadline. Consultation.>> That not 
                later than 90 days after enactment of this Act, the 
                USAID Administrator shall consult with the Committees on 
                Appropriations on the requirements of this subparagraph.
                    (D) <<NOTE: Spend plan.>>  Of the funds made 
                available pursuant to paragraph (1), not more than the 
                amount specified in section 7045(a)(1) of the Department 
                of State, Foreign Operations, and Related Programs 
                Appropriations Act, 2021 (division K of Public Law 116-
                260) may be obligated until the Secretary of State or 
                the USAID Administrator, as appropriate,

[[Page 136 STAT. 655]]

                submits to the Committees on Appropriations the spend 
                plan required by section 7062(b)(1)(A) of this Act:  
                Provided, That <<NOTE: Deadline. Consultation.>>  not 
                less than 15 days prior to the submission of such plan 
                the Secretary or USAID Administrator, as appropriate, 
                shall consult with the Committees on Appropriations 
                concerning such plan.
            (2) Limitation on assistance to certain central 
        governments.--
                    (A) <<NOTE: Certification. Reports.>>  Of the funds 
                made available pursuant to paragraph (1) under the 
                heading ``Economic Support Fund'' and under title IV of 
                this Act that are made available for assistance for each 
                of the central governments of El Salvador, Guatemala, 
                and Honduras, 60 percent may only be obligated after the 
                Secretary of State certifies and reports to the 
                Committees on Appropriations that such government is--
                          (i) combating corruption and impunity, 
                      including investigating and prosecuting government 
                      officials, military personnel, and police officers 
                      credibly alleged to be corrupt;
                          (ii) implementing reforms, policies, and 
                      programs to strengthen the rule of law, including 
                      increasing the transparency of public 
                      institutions, strengthening the independence of 
                      judicial and electoral institutions, and improving 
                      the transparency of political campaign and 
                      political party financing;
                          (iii) protecting the rights of human rights 
                      defenders, trade unionists, journalists, civil 
                      society groups, opposition political parties, and 
                      the independence of the media;
                          (iv) providing effective and accountable law 
                      enforcement and security for its citizens, 
                      curtailing the role of the military in public 
                      security, and upholding due process of law;
                          (v) implementing policies to reduce poverty 
                      and promote economic growth and opportunity, 
                      including the implementation of reforms to 
                      strengthen educational systems, vocational 
                      training programs, and programs for at-risk youth;
                          (vi) improving border security and combating 
                      human smuggling and trafficking and countering the 
                      activities of criminal gangs, drug traffickers, 
                      and transnational criminal organizations;
                          (vii) informing its citizens of the dangers of 
                      the journey to the southwest border of the United 
                      States; and
                          (viii) implementing policies that improve the 
                      environment for foreign investment, including 
                      executing tax reform in a transparent manner, 
                      ensuring effective legal mechanisms for 
                      reimbursements of tax refunds owed to United 
                      States businesses, and resolving disputes 
                      involving the confiscation of real property of 
                      United States entities.
                    (B) Reprogramming.--If the Secretary is unable to 
                make the certification required by subparagraph (A) for 
                one or more of the central governments, such assistance 
                shall be reprogrammed for assistance for civil society 
                organizations in such country, or for other countries in

[[Page 136 STAT. 656]]

                Latin America and the Caribbean, notwithstanding the 
                funding provisions in this subsection and the 
                limitations in section 7019 of this Act:  
                Provided, <<NOTE: Notification.>> That any such 
                reprogramming shall be subject to the regular 
                notification procedures of the Committees on 
                Appropriations.
                    (C) Exceptions.--The limitation of subparagraph (A) 
                shall not apply to funds appropriated by this Act that 
                are made available for--
                          (i) judicial entities and activities related 
                      to combating corruption and impunity;
                          (ii) programs to combat gender-based violence;
                          (iii) programs to promote and protect human 
                      rights, including those of Indigenous communities 
                      and Afro-descendants;
                          (iv) humanitarian assistance; and
                          (v) food security programs.
                    (D) Foreign military financing program.--None of the 
                funds appropriated by this Act under the heading 
                ``Foreign Military Financing Program'' may be made 
                available for assistance for El Salvador, Guatemala, or 
                Honduras.

    (b) Colombia.--
            (1) Assistance.--Of the funds appropriated by this Act under 
        titles III and IV, not less than $471,375,000 should be made 
        available for assistance for Colombia:  Provided, That such 
        funds shall be made available for the programs and activities 
        described under this section in House Report 117-84:  Provided 
        further, That of the funds appropriated by this Act under the 
        heading ``International Narcotics Control and Law Enforcement'' 
        and made available for assistance pursuant to this paragraph, 
        not less than $40,000,000 shall be made available to enhance 
        rural security in coca producing municipalities and other 
        municipalities with high levels of illicit activities:  Provided 
        further, That funds made available pursuant to the preceding 
        proviso shall be prioritized in such municipalities that are 
        also targeted for assistance programs that provide viable 
        economic alternatives and improve access to public services.
            (2) <<NOTE: Certifications. Reports.>>  Withholding of 
        funds.--
                    (A) Counternarcotics.--Of the funds appropriated by 
                this Act under the heading ``International Narcotics 
                Control and Law Enforcement'' that are made available 
                for assistance for Colombia, 20 percent may be obligated 
                only if the Secretary of State certifies and reports to 
                the Committees on Appropriations that--
                          (i) the Government of Colombia is implementing 
                      an effective whole-of-government strategy to 
                      substantially and sustainably reduce coca 
                      cultivation and cocaine production levels in 
                      Colombia, including by prioritizing funding to 
                      enhance rural security in coca producing 
                      municipalities;
                          (ii) such strategy is in accordance with the 
                      2016 peace accord between the Government of 
                      Colombia and the Revolutionary Armed Forces of 
                      Colombia; and
                          (iii) the Government of Colombia is taking 
                      effective steps to dismantle drug trafficking 
                      networks and to assist farmers in eradicating and 
                      sustainably replacing coca.

[[Page 136 STAT. 657]]

                    (B) Human rights.--(i) Of the funds appropriated by 
                this Act under the heading ``Foreign Military Financing 
                Program'' and made available for assistance for 
                Colombia, 20 percent may be obligated only if the 
                Secretary of State certifies and reports to the 
                Committees on Appropriations that--
                                    (I) the Special Jurisdiction for 
                                Peace and other judicial authorities, as 
                                appropriate, are sentencing perpetrators 
                                of gross violations of human rights, 
                                including those with command 
                                responsibility, to deprivation of 
                                liberty;
                                    (II) the Government of Colombia is 
                                making consistent progress in reducing 
                                threats and attacks against human rights 
                                defenders and other civil society 
                                activists, and judicial authorities are 
                                prosecuting and punishing those 
                                responsible for ordering and carrying 
                                out such attacks;
                                    (III) the Government of Colombia is 
                                making consistent progress in protecting 
                                Afro-Colombian and Indigenous 
                                communities and is respecting their 
                                rights and territories; and
                                    (IV) military officers credibly 
                                alleged, or whose units are credibly 
                                alleged, to be responsible for ordering, 
                                committing, and covering up cases of 
                                false positives and other extrajudicial 
                                killings, or of committing other gross 
                                violations of human rights, or of 
                                conducting illegal communications 
                                intercepts or other illicit 
                                surveillance, are being held 
                                accountable, including removal from 
                                active duty if found guilty through 
                                criminal, administrative, or 
                                disciplinary proceedings.
                          (ii) Of the funds appropriated by this Act 
                      under the heading ``International Narcotics 
                      Control and Law Enforcement'' and made available 
                      for assistance for the Colombian National Police, 
                      five percent may be obligated only if the 
                      Secretary of State certifies and reports to the 
                      Committees on Appropriations that the Government 
                      of Colombia is bringing to justice the police 
                      personnel who ordered, directed, and used 
                      excessive force and engaged in other illegal acts 
                      against protesters in 2020 and 2021.
            (3) Exceptions.--The limitations of paragraph (2) shall not 
        apply to funds made available for aviation instruction and 
        maintenance, and maritime and riverine security programs.
            (4) Authority.--Aircraft supported by funds appropriated by 
        this Act and prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs and made 
        available for assistance for Colombia may be used to transport 
        personnel and supplies involved in drug eradication and 
        interdiction, including security for such activities, and to 
        provide transport in support of alternative development programs 
        and investigations by civilian judicial authorities.
            (5) Limitation.--None of the funds appropriated by this Act 
        or prior Acts making appropriations for the Department of State, 
        foreign operations, and related programs that are

[[Page 136 STAT. 658]]

        made available for assistance for Colombia may be made available 
        for payment of reparations to conflict victims or compensation 
        to demobilized combatants associated with a peace agreement 
        between the Government of Colombia and illegal armed groups.

    (c) Haiti.--
            (1) <<NOTE: Reports.>>  Certification.--Funds appropriated 
        by this Act that are made available for assistance for Haiti may 
        only be made available for the central Government of Haiti if 
        the Secretary of State certifies and reports to the appropriate 
        congressional committees that a new President and Parliament 
        have taken office after free and fair elections, or the country 
        is being led by a transitional governing authority that is 
        broadly representative of Haitian society, and it is in the 
        national interest of the United States to provide such 
        assistance.
            (2) Exceptions.--Notwithstanding paragraph (1), funds may be 
        made available to support--
                    (A) free and fair elections;
                    (B) anti-gang police and administration of justice 
                programs, including to reduce pre-trial detention and 
                eliminate inhumane prison conditions;
                    (C) public health, food security, water and 
                sanitation, education, and other programs to meet basic 
                human needs; and
                    (D) disaster relief and recovery.
            (3) Notification.--Funds appropriated by this Act that are 
        made available for assistance for Haiti shall be subject to 
        prior consultation with, and the regular notification procedures 
        of, the Committees on Appropriations.
            (4) Prohibition.--None of the funds appropriated or 
        otherwise made available by this Act may be used for assistance 
        for the armed forces of Haiti.
            (5) Haitian coast guard.--The Government of Haiti shall be 
        eligible to purchase defense articles and services under the 
        Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast 
        Guard.

    (d) Nicaragua.--Of the funds appropriated by this Act under the 
heading ``Development Assistance'', not less than $15,000,000 shall be 
made available for democracy programs for Nicaragua, including to 
support civil society.
    (e) The Caribbean.--Of the funds appropriated by this Act under 
titles III and IV, not less than $80,000,000 shall be made available for 
the Caribbean Basin Security Initiative.
    (f) Venezuela.--(1) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $40,000,000 shall be 
made available for democracy programs for Venezuela.
    (2) Funds appropriated under title III of this Act and prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs shall be made available for assistance for 
communities in countries supporting or otherwise impacted by refugees 
from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad 
and Tobago:  Provided, <<NOTE: Consultation. Notification.>>  That such 
amounts are in addition to funds otherwise made available for assistance 
for such countries, subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

[[Page 136 STAT. 659]]

                           europe and eurasia

    Sec. 7046. (a) Georgia.--Of the funds appropriated by this Act under 
titles III and IV, not less than $132,025,000 shall be made available 
for assistance for Georgia.
    (b) Territorial Integrity.--None of the funds appropriated by this 
Act may be made available for assistance for a government of an 
Independent State of the former Soviet Union if such government directs 
any action in violation of the territorial integrity or national 
sovereignty of any other Independent State of the former Soviet Union, 
such as those violations included in the Helsinki Final Act:  
Provided, <<NOTE: President. Determination.>> That except as otherwise 
provided in section 7047(a) of this Act, funds may be made available 
without regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest of the 
United States:  Provided further, <<NOTE: Consultation.>> That prior to 
executing the authority contained in the previous proviso, the Secretary 
of State shall consult with the Committees on Appropriations on how such 
assistance supports the national security interest of the United States.

    (c) Section 907 of the Freedom Support Act.--Section 907 of the 
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and 
        section 1424 of the Defense Against Weapons of Mass Destruction 
        Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961;
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;
            (4) any insurance, reinsurance, guarantee, or other 
        assistance provided by the United States International 
        Development Finance Corporation as authorized by the BUILD Act 
        of 2018 (division F of Public Law 115-254);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945 (Public Law 79-173); or
            (6) humanitarian assistance.

    (d) <<NOTE: Determination. Reports.>>  Turkey.--None of the funds 
made available by this Act may be used to facilitate or support the sale 
of defense articles or defense services to the Turkish Presidential 
Protection Directorate (TPPD) under Chapter 2 of the Arms Export Control 
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines 
and reports to the appropriate congressional committees that members of 
the TPPD who are named in the July 17, 2017, indictment by the Superior 
Court of the District of Columbia, and against whom there are pending 
charges, have returned to the United States to stand trial in connection 
with the offenses contained in such indictment or have otherwise been 
brought to justice:  Provided, That the limitation in this paragraph 
shall not apply to the use of funds made available by this Act for 
border security purposes, for North Atlantic Treaty Organization or 
coalition operations, or to enhance the protection of United States 
officials and facilities in Turkey.

[[Page 136 STAT. 660]]

countering russian influence and aggression

    Sec. 7047. (a) Prohibition.--None of the funds appropriated by this 
Act may be made available for assistance for the central Government of 
the Russian Federation.
    (b) Annexation of Crimea.--
            (1) <<NOTE: Determination. Reports.>>  Prohibition.--None of 
        the funds appropriated by this Act may be made available for 
        assistance for the central government of a country that the 
        Secretary of State determines and reports to the Committees on 
        Appropriations has taken affirmative steps intended to support 
        or be supportive of the Russian Federation annexation of Crimea 
        or other territory in Ukraine:  Provided, <<NOTE: Waiver 
        authority.>> That except as otherwise provided in subsection 
        (a), the Secretary may waive the restriction on assistance 
        required by this paragraph if the Secretary determines and 
        reports to such Committees that to do so is in the national 
        interest of the United States, and includes a justification for 
        such interest.
            (2) Limitation.--None of the funds appropriated by this Act 
        may be made available for--
                    (A) the implementation of any action or policy that 
                recognizes the sovereignty of the Russian Federation 
                over Crimea or other territory in Ukraine;
                    (B) the facilitation, financing, or guarantee of 
                United States Government investments in Crimea or other 
                territory in Ukraine under the control of Russian-backed 
                separatists, if such activity includes the participation 
                of Russian Government officials, or other Russian owned 
                or controlled financial entities; or
                    (C) assistance for Crimea or other territory in 
                Ukraine under the control of Russian-backed separatists, 
                if such assistance includes the participation of Russian 
                Government officials, or other Russian owned or 
                controlled financial entities.
            (3) International financial institutions.--The Secretary of 
        the Treasury shall instruct the United States executive director 
        of each international financial institution to use the voice and 
        vote of the United States to oppose any assistance by such 
        institution (including any loan, credit, grant, or guarantee) 
        for any program that violates the sovereignty or territorial 
        integrity of Ukraine.
            (4) Duration.-- <<NOTE: Determination. Reports.>> The 
        requirements and limitations of this subsection shall cease to 
        be in effect if the Secretary of State determines and reports to 
        the Committees on Appropriations that the Government of Ukraine 
        has reestablished sovereignty over Crimea and other territory in 
        Ukraine under the control of Russian-backed separatists.

    (c) Occupation of the Georgian Territories of Abkhazia and 
Tskhinvali Region/South Ossetia.--
            (1) <<NOTE: Determinations. Reports.>>  Prohibition.--None 
        of the funds appropriated by this Act may be made available for 
        assistance for the central government of a country that the 
        Secretary of State determines and reports to the Committees on 
        Appropriations has recognized the independence of, or has 
        established diplomatic relations with, the Russian Federation 
        occupied Georgian territories of Abkhazia and Tskhinvali Region/
        South Ossetia: <<NOTE: Web posting. List.>>  Provided, That the 
        Secretary shall publish on the Department of State website

[[Page 136 STAT. 661]]

        a list of any such central governments in a timely manner:  
        Provided further, <<NOTE: Waiver authority.>> That the Secretary 
        may waive the restriction on assistance required by this 
        paragraph if the Secretary determines and reports to the 
        Committees on Appropriations that to do so is in the national 
        interest of the United States, and includes a justification for 
        such interest.
            (2) Limitation.--None of the funds appropriated by this Act 
        may be made available to support the Russian Federation 
        occupation of the Georgian territories of Abkhazia and 
        Tskhinvali Region/South Ossetia.
            (3) International financial institutions.--The Secretary of 
        the Treasury shall instruct the United States executive director 
        of each international financial institution to use the voice and 
        vote of the United States to oppose any assistance by such 
        institution (including any loan, credit, grant, or guarantee) 
        for any program that violates the sovereignty and territorial 
        integrity of Georgia.

    (d) Countering Russian Influence Fund.--
            (1) Assistance.--Of the funds appropriated by this Act under 
        the headings ``Assistance for Europe, Eurasia and Central 
        Asia'', ``International Narcotics Control and Law Enforcement'', 
        ``International Military Education and Training'', and ``Foreign 
        Military Financing Program'', not less than $295,000,000 shall 
        be made available to carry out the purposes of the Countering 
        Russian Influence Fund, as authorized by section 254 of the 
        Countering Russian Influence in Europe and Eurasia Act of 2017 
        (Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the 
        country limitation in subsection (b) of such section, and 
        programs to enhance the capacity of law enforcement and security 
        forces in countries in Europe, Eurasia, and Central Asia and 
        strengthen security cooperation between such countries and the 
        United States and the North Atlantic Treaty Organization, as 
        appropriate.
            (2) Economics and trade.--Funds appropriated by this Act and 
        made available for assistance for the Eastern Partnership 
        countries shall be made available to advance the implementation 
        of Association Agreements and trade agreements with the European 
        Union, and to reduce their vulnerability to external economic 
        and political pressure from the Russian Federation.

    (e) Democracy Programs.--Funds appropriated by this Act shall be 
made available to support democracy programs in the Russian Federation 
and other countries in Europe, Eurasia, and Central Asia, including to 
promote Internet freedom:  Provided, That of the funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
not less than $20,000,000 shall be made available to strengthen 
democracy and civil society in Central Europe, including for 
transparency, independent media, rule of law, minority rights, and 
programs to combat anti-Semitism.

                             united nations

    Sec. 7048. <<NOTE: Reports. Web postings.>> (a) Transparency and 
Accountability.--Not later than 180 days after enactment of this Act, 
the Secretary of State shall report to the Committees on Appropriations 
whether each organization, department, or agency receiving a 
contribution from funds appropriated by this Act under the headings 
``Contributions

[[Page 136 STAT. 662]]

to International Organizations'' and ``International Organizations and 
Programs''--
            (1) <<NOTE: Public information. Audits.>>  is posting on a 
        publicly available website, consistent with privacy regulations 
        and due process, regular financial and programmatic audits of 
        such organization, department, or agency, and providing the 
        United States Government with necessary access to such financial 
        and performance audits;
            (2) has submitted a report to the Department of State, which 
        shall be posted on the Department's website in a timely manner, 
        demonstrating that such organization is effectively implementing 
        and enforcing policies and procedures which meet or exceed best 
        practices in the United States for the protection of 
        whistleblowers from retaliation, including--
                    (A) protection against retaliation for internal and 
                lawful public disclosures;
                    (B) legal burdens of proof;
                    (C) statutes of limitation for reporting 
                retaliation;
                    (D) access to binding independent adjudicative 
                bodies, including shared cost and selection of external 
                arbitration; and
                    (E) results that eliminate the effects of proven 
                retaliation, including provision for the restoration of 
                prior employment; and
            (3) effectively implementing and enforcing policies and 
        procedures on the appropriate use of travel funds, including 
        restrictions on first-class and business-class travel.

    (b) <<NOTE: Determinations. Terrorism.>>  Restrictions on United 
Nations Delegations and Organizations.--
            (1) Restrictions on united states delegations.--None of the 
        funds made available by this Act may be used to pay expenses for 
        any United States delegation to any specialized agency, body, or 
        commission of the United Nations if such agency, body, or 
        commission is chaired or presided over by a country, the 
        government of which the Secretary of State has determined, for 
        purposes of section 1754(c) of the Export Reform Control Act of 
        2018 (50 U.S.C. 4813(c)), supports international terrorism.
            (2) Restrictions on contributions.--None of the funds made 
        available by this Act may be used by the Secretary of State as a 
        contribution to any organization, agency, commission, or program 
        within the United Nations system if such organization, agency, 
        commission, or program is chaired or presided over by a country 
        the government of which the Secretary of State has determined, 
        for purposes of section 620A of the Foreign Assistance Act of 
        1961, section 40 of the Arms Export Control Act, section 1754(c) 
        of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or 
        any other provision of law, is a government that has repeatedly 
        provided support for acts of international terrorism.
            (3) <<NOTE: Reports.>>  Waiver.--The Secretary of State may 
        waive the restriction in this subsection if the Secretary 
        determines and reports to the Committees on Appropriations that 
        to do so is important to the national interest of the United 
        States, including a description of the national interest served.

    (c) <<NOTE: Determination. Reports. Israel.>>  United Nations Human 
Rights Council.--None of the funds appropriated by this Act may be made 
available in support of the United Nations Human Rights Council unless 
the Secretary

[[Page 136 STAT. 663]]

of State determines and reports to the Committees on Appropriations that 
participation in the Council is important to the national interest of 
the United States and that such Council is taking significant steps to 
remove Israel as a permanent agenda item and ensure integrity in the 
election of members to such Council:  Provided, That such report shall 
include a description of the national interest served and the steps 
taken to remove Israel as a permanent agenda item and ensure integrity 
in the election of members to such Council:  Provided 
further, <<NOTE: Reports. Time period.>> That the Secretary of State 
shall report to the Committees on Appropriations not later than 
September 30, 2022, on the resolutions considered in the United Nations 
Human Rights Council during the previous 12 months, and on steps taken 
to remove Israel as a permanent agenda item and ensure integrity in the 
election of members to such council.

    (d) United Nations Relief and Works Agency.-- 
<<NOTE: Reports.>> Prior to the initial obligation of funds for the 
United Nations Relief and Works Agency (UNRWA), the Secretary of State 
shall report to the Committees on Appropriations, in writing, on whether 
UNRWA is--
            (1) utilizing Operations Support Officers in the West Bank, 
        Gaza, and other fields of operation to inspect UNRWA 
        installations and reporting any inappropriate use;
            (2) acting promptly to address any staff or beneficiary 
        violation of its own policies (including the policies on 
        neutrality and impartiality of employees) and the legal 
        requirements under section 301(c) of the Foreign Assistance Act 
        of 1961;
            (3) <<NOTE: Procedures.>>  implementing procedures to 
        maintain the neutrality of its facilities, including 
        implementing a no-weapons policy, and conducting regular 
        inspections of its installations, to ensure they are only used 
        for humanitarian or other appropriate purposes;
            (4) <<NOTE: Compliance.>>  taking necessary and appropriate 
        measures to ensure it is operating in compliance with the 
        conditions of section 301(c) of the Foreign Assistance Act of 
        1961 and continuing regular reporting to the Department of State 
        on actions it has taken to ensure conformance with such 
        conditions;
            (5) taking steps to ensure the content of all educational 
        materials currently taught in UNRWA-administered schools and 
        summer camps is consistent with the values of human rights, 
        dignity, and tolerance and does not induce incitement;
            (6) not engaging in operations with financial institutions 
        or related entities in violation of relevant United States law, 
        and is taking steps to improve the financial transparency of the 
        organization; and
            (7) <<NOTE: Compliance.>>  in compliance with the United 
        Nations Board of Auditors' biennial audit requirements and is 
        implementing in a timely fashion the Board's recommendations.

    (e) Prohibition of Payments to United Nations Members.--None of the 
funds appropriated or made available pursuant to titles III through VI 
of this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.

[[Page 136 STAT. 664]]

    (f) Report.--Not later than 45 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations detailing the amount of funds available for obligation or 
expenditure in fiscal year 2022 for contributions to any organization, 
department, agency, or program within the United Nations system or any 
international program that are withheld from obligation or expenditure 
due to any provision of law:  Provided, That the <<NOTE: Update.>>  
Secretary shall update such report each time additional funds are 
withheld by operation of any provision of law:  Provided 
further, <<NOTE: Consultation. Notification.>> That the reprogramming of 
any withheld funds identified in such report, including updates thereof, 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

    (g) Sexual Exploitation and Abuse in Peacekeeping Operations.-- 
<<NOTE: Determinations.>> The Secretary of State shall withhold 
assistance to any unit of the security forces of a foreign country if 
the Secretary has credible information that such unit has engaged in 
sexual exploitation or abuse, including while serving in a United 
Nations peacekeeping operation, until the Secretary determines that the 
government of such country is taking effective steps to hold the 
responsible members of such unit accountable and to prevent future 
incidents:  Provided, <<NOTE: Notification. Deadline.>> That the 
Secretary shall promptly notify the government of each country subject 
to any withholding of assistance pursuant to this paragraph, and shall 
notify the appropriate congressional committees of such withholding not 
later than 10 days after a determination to withhold such assistance is 
made:  Provided further, That the Secretary shall, to the maximum extent 
practicable, assist such government in bringing the responsible members 
of such unit to justice.

    (h) <<NOTE: Notification.>> Additional Availability.--Subject to the 
regular notification procedures of the Committees on Appropriations, 
funds appropriated by this Act which are returned or not made available 
due to the second proviso under the heading ``Contributions for 
International Peacekeeping Activities'' in title I of this Act or 
section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2227(a)), shall remain available for obligation until September 30, 
2023:  Provided, That the requirement to withhold funds for programs in 
Burma under section 307(a) of the Foreign Assistance Act of 1961 shall 
not apply to funds appropriated by this Act.

                          war crimes tribunals

    Sec. 7049. <<NOTE: President. Determination.>> (a) If the President 
determines that doing so will contribute to a just resolution of charges 
regarding genocide or other violations of international humanitarian 
law, the President may direct a drawdown pursuant to section 552(c) of 
the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities 
and services for the United Nations War Crimes Tribunal established with 
regard to the former Yugoslavia by the United Nations Security Council 
or such other tribunals or commissions as the Council may establish or 
authorize to deal with such violations, without regard to the ceiling 
limitation contained in paragraph (2) thereof:  Provided, That the 
determination required under this section shall be in lieu of any 
determinations otherwise required under section 552(c):  Provided 
further, <<NOTE: Notification.>> That funds made available pursuant to 
this section shall be made available subject to the regular notification 
procedures of the Committees on Appropriations.

[[Page 136 STAT. 665]]

    (b) None of the funds appropriated by this Act may be made available 
for a United States contribution to the International Criminal Court:  
Provided, That funds may be made available for technical assistance, 
training, assistance for victims, protection of witnesses, and law 
enforcement support related to international investigations, 
apprehensions, prosecutions, and adjudications of genocide, crimes 
against humanity, and war crimes:  Provided further, That the previous 
proviso shall not apply to investigations, apprehensions, or 
prosecutions of American service members and other United States 
citizens or nationals, or nationals of the North Atlantic Treaty 
Organization (NATO) or major non-NATO allies initially designated 
pursuant to section 517(b) of the Foreign Assistance Act of 1961.

                         global internet freedom

    Sec. 7050. (a) Funding.--Of the funds available for obligation 
during fiscal year 2022 under the headings ``International Broadcasting 
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and 
``Assistance for Europe, Eurasia and Central Asia'', not less than 
$77,500,000 shall be made available for programs to promote Internet 
freedom globally:  Provided, That such programs shall be prioritized for 
countries whose governments restrict freedom of expression on the 
Internet, and that are important to the national interest of the United 
States:  Provided further, That funds made available pursuant to this 
section shall be matched, to the maximum extent practicable, by sources 
other than the United States Government, including from the private 
sector.
    (b) Requirements.--
            (1) Department of state and united states agency for 
        international development.--Funds appropriated by this Act under 
        the headings ``Economic Support Fund'', ``Democracy Fund'', and 
        ``Assistance for Europe, Eurasia and Central Asia'' that are 
        made available pursuant to subsection (a) shall be--
                    (A) coordinated with other democracy programs funded 
                by this Act under such headings, and shall be 
                incorporated into country assistance and democracy 
                promotion strategies, as appropriate;
                    (B) for programs to implement the May 2011, 
                International Strategy for Cyberspace, the Department of 
                State International Cyberspace Policy Strategy required 
                by section 402 of the Cybersecurity Act of 2015 
                (division N of Public Law 114-113), and the 
                comprehensive strategy to promote Internet freedom and 
                access to information in Iran, as required by section 
                414 of the Iran Threat Reduction and Syria Human Rights 
                Act of 2012 (22 U.S.C. 8754);
                    (C) made available for programs that support the 
                efforts of civil society to counter the development of 
                repressive Internet-related laws and regulations, 
                including countering threats to Internet freedom at 
                international organizations; to combat violence against 
                bloggers and other users; and to enhance digital 
                security training and capacity building for democracy 
                activists;
                    (D) made available for research of key threats to 
                Internet freedom; the continued development of 
                technologies that provide or enhance access to the 
                Internet, including

[[Page 136 STAT. 666]]

                circumvention tools that bypass Internet blocking, 
                filtering, and other censorship techniques used by 
                authoritarian governments; and maintenance of the 
                technological advantage of the United States Government 
                over such censorship techniques:  
                Provided, <<NOTE: Consultation. Coordination. Assessment.
                >> That the Secretary of State, in consultation with the 
                United States Agency for Global Media Chief Executive 
                Officer (USAGM CEO) and the President of the Open 
                Technology Fund (OTF), shall coordinate any such 
                research and development programs with other relevant 
                United States Government departments and agencies in 
                order to share information, technologies, and best 
                practices, and to assess the effectiveness of such 
                technologies; and
                    (E) made available only with the concurrence of the 
                Assistant Secretary for Democracy, Human Rights, and 
                Labor, Department of State, that such funds are 
                allocated consistent with--
                          (i) the strategies referenced in subparagraph 
                      (B) of this paragraph;
                          (ii) best practices regarding security for, 
                      and oversight of, Internet freedom programs; and
                          (iii) sufficient resources and support for the 
                      development and maintenance of anti-censorship 
                      technology and tools.
            (2) <<NOTE: Coordination. Consultations.>>  United states 
        agency for global media.--Funds appropriated by this Act under 
        the heading ``International Broadcasting Operations'' that are 
        made available pursuant to subsection (a) shall be--
                    (A) made available only for open-source tools and 
                techniques to securely develop and distribute USAGM 
                digital content, facilitate audience access to such 
                content on websites that are censored, coordinate the 
                distribution of USAGM digital content to targeted 
                regional audiences, and to promote and distribute such 
                tools and techniques, including digital security 
                techniques;
                    (B) coordinated by the USAGM CEO, in consultation 
                with the OTF President, with programs funded by this Act 
                under the heading ``International Broadcasting 
                Operations'', and shall be incorporated into country 
                broadcasting strategies, as appropriate;
                    (C) coordinated by the USAGM CEO, in consultation 
                with the OTF President, to solicit project proposals 
                through an open, transparent, and competitive process, 
                seek input from technical and subject matter experts to 
                select proposals, and support Internet circumvention 
                tools and techniques for audiences in countries that are 
                strategic priorities for the OTF and in a manner 
                consistent with the United States Government Internet 
                freedom strategy; and
                    (D) <<NOTE: Evaluation.>> made available for the 
                research and development of new tools or techniques 
                authorized in subparagraph (A) only after the USAGM CEO, 
                in consultation with the Secretary of State, the OTF 
                President, and other relevant United States Government 
                departments and agencies, evaluates the risks and 
                benefits of such new tools or techniques, and 
                establishes safeguards to minimize the use of such new 
                tools or techniques for illicit purposes.

[[Page 136 STAT. 667]]

    (c) <<NOTE: Consultation. Deadline.>>  Coordination and Spend 
Plans.--After consultation among the relevant agency heads to coordinate 
and de-conflict planned activities, but not later than 90 days after 
enactment of this Act, the Secretary of State and the USAGM CEO, in 
consultation with the OTF President, shall submit to the Committees on 
Appropriations spend plans for funds made available by this Act for 
programs to promote Internet freedom globally, which shall include a 
description of safeguards established by relevant agencies to ensure 
that such programs are not used for illicit purposes:  Provided, That 
the Department of State spend plan shall include funding for all such 
programs for all relevant Department of State and United States Agency 
for International Development offices and bureaus.

    (d) Security Audits.--Funds made available pursuant to this section 
to promote Internet freedom globally may only be made available to 
support open-source technologies that undergo comprehensive security 
audits consistent with the requirements of the Bureau of Democracy, 
Human Rights, and Labor, Department of State to ensure that such 
technology is secure and has not been compromised in a manner 
detrimental to the interest of the United States or to individuals and 
organizations benefiting from programs supported by such funds:  
Provided, <<NOTE: Review. Updates.>> That the security auditing 
procedures used by such Bureau shall be reviewed and updated 
periodically to reflect current industry security standards.

 torture and other cruel, inhuman, or degrading treatment or punishment

    Sec. 7051. (a) Prohibition.--None of the funds made available by 
this Act may be used to support or justify the use of torture and other 
cruel, inhuman, or degrading treatment or punishment by any official or 
contract employee of the United States Government.
    (b) <<NOTE: Consultation.>>  Assistance.--Funds appropriated under 
titles III and IV of this Act shall be made available, notwithstanding 
section 660 of the Foreign Assistance Act of 1961 and following 
consultation with the Committees on Appropriations, for assistance to 
eliminate torture and other cruel, inhuman, or degrading treatment or 
punishment by foreign police, military, or other security forces in 
countries receiving assistance from funds appropriated by this Act.

                aircraft transfer, coordination, and use

    Sec. 7052. (a) Transfer Authority.--Notwithstanding any other 
provision of law or regulation, aircraft procured with funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Diplomatic Programs'', ``International Narcotics Control and 
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean 
Counterdrug Programs'' may be used for any other program and in any 
region.
    (b) <<NOTE: Applicability. Determination. Reports.>>  Property 
Disposal.--The authority provided in subsection (a) shall apply only 
after the Secretary of State determines and reports to the Committees on 
Appropriations that the equipment is no longer required to meet 
programmatic purposes in the designated country or region:  
Provided, <<NOTE: Consultation. Notification.>> That any such transfer 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

[[Page 136 STAT. 668]]

    (c) Aircraft Coordination.--
            (1) Authority.--The uses of aircraft purchased or leased by 
        the Department of State and the United States Agency for 
        International Development with funds made available in this Act 
        or prior Acts making appropriations for the Department of State, 
        foreign operations, and related programs shall be coordinated 
        under the authority of the appropriate Chief of Mission:  
        Provided, That such aircraft may be used to transport, on a 
        reimbursable or non-reimbursable basis, Federal and non-Federal 
        personnel supporting Department of State and USAID programs and 
        activities:  Provided further, That official travel for other 
        agencies for other purposes may be supported on a reimbursable 
        basis, or without reimbursement when traveling on a space 
        available basis:  Provided further, That funds received by the 
        Department of State in connection with the use of aircraft 
        owned, leased, or chartered by the Department of State may be 
        credited to the Working Capital Fund of the Department and shall 
        be available for expenses related to the purchase, lease, 
        maintenance, chartering, or operation of such aircraft.
            (2) <<NOTE: Applicability.>>  Scope.--The requirement and 
        authorities of this subsection shall only apply to aircraft, the 
        primary purpose of which is the transportation of personnel.

    (d) Aircraft Operations and Maintenance.--To the maximum extent 
practicable, the costs of operations and maintenance, including fuel, of 
aircraft funded by this Act shall be borne by the recipient country.

    parking fines and real property taxes owed by foreign governments

    Sec. 7053.  <<NOTE: Applicability.>>  The terms and conditions of 
section 7055 of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2010 (division F of Public Law 111-117) 
shall apply to this Act:  Provided, That the date ``September 30, 2009'' 
in subsection (f)(2)(B) of such section shall be deemed to be 
``September 30, 2021''.

                       international monetary fund

    Sec. 7054. (a) Extensions. <<NOTE: Applicability.>> --The terms and 
conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department 
of State, Foreign Operations, and Related Programs Appropriations Act, 
2010 (division F of Public Law 111-117) shall apply to this Act.

    (b) Repayment.--The Secretary of the Treasury shall instruct the 
United States Executive Director of the International Monetary Fund 
(IMF) to seek to ensure that any loan will be repaid to the IMF before 
other private or multilateral creditors.

                               extradition

    Sec. 7055. (a) Limitation. <<NOTE: Notification.>> --None of the 
funds appropriated in this Act may be used to provide assistance (other 
than funds provided under the headings ``Development Assistance'', 
``International Disaster Assistance'', ``Complex Crises Fund'', 
``International Narcotics Control and Law Enforcement'', ``Migration and 
Refugee Assistance'', ``United States Emergency Refugee and Migration 
Assistance Fund'', and ``Nonproliferation, Anti-terrorism, Demining and 
Related Assistance'') for the central government of

[[Page 136 STAT. 669]]

a country which has notified the Department of State of its refusal to 
extradite to the United States any individual indicted for a criminal 
offense for which the maximum penalty is life imprisonment without the 
possibility of parole or for killing a law enforcement officer, as 
specified in a United States extradition request.

    (b) Clarification. <<NOTE: Applicability.>> --Subsection (a) shall 
only apply to the central government of a country with which the United 
States maintains diplomatic relations and with which the United States 
has an extradition treaty and the government of that country is in 
violation of the terms and conditions of the treaty.

    (c) Waiver. <<NOTE: Certification.>> --The Secretary of State may 
waive the restriction in subsection (a) on a case-by-case basis if the 
Secretary certifies to the Committees on Appropriations that such waiver 
is important to the national interest of the United States.

               assistance for innocent victims of conflict

    Sec. 7056.  <<NOTE: Deadlines. 22 USC 2151 note.>>  Not later than 
90 days after enactment of this Act, the Administrator of the United 
States Agency for International Development shall establish a fund, 
which shall be referred to as the ``Marla Ruzicka Fund for Innocent 
Victims of Conflict'' (the ``Marla Fund''), to provide assistance to 
civilians harmed as a result of military operations in Iraq, 
Afghanistan, Syria, and Yemen:  Provided, That of the funds appropriated 
under title III of this Act, not less than $10,000,000 shall be made 
available for the Marla Fund:  Provided further, That the USAID 
Administrator shall consult with the Committees on Appropriations not 
later than 60 days after enactment of this Act regarding the 
establishment and implementation of the Marla Fund.

                     united nations population fund

    Sec. 7057. (a) Contribution.--Of the funds made available under the 
heading ``International Organizations and Programs'' in this Act for 
fiscal year 2022, $32,500,000 shall be made available for the United 
Nations Population Fund (UNFPA).
    (b) Availability of Funds. <<NOTE: Transfer 
authority. Notification.>> --Funds appropriated by this Act for UNFPA, 
that are not made available for UNFPA because of the operation of any 
provision of law, shall be transferred to the ``Global Health Programs'' 
account and shall be made available for family planning, maternal, and 
reproductive health activities, subject to the regular notification 
procedures of the Committees on Appropriations.

    (c) Prohibition on Use of Funds in China.--None of the funds made 
available by this Act may be used by UNFPA for a country program in the 
People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made available by 
this Act for UNFPA may not be made available unless--
            (1) UNFPA maintains funds made available by this Act in an 
        account separate from other accounts of UNFPA and does not 
        commingle such funds with other sums; and
            (2) <<NOTE: Abortion.>>  UNFPA does not fund abortions.

    (e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
            (1) Not later than 4 months after the date of enactment of 
        this Act, the Secretary of State shall submit a report to the 
        Committees on Appropriations indicating the amount of funds that 
        UNFPA is budgeting for the year in which the

[[Page 136 STAT. 670]]

        report is submitted for a country program in the People's 
        Republic of China.
            (2) If a report under paragraph (1) indicates that UNFPA 
        plans to spend funds for a country program in the People's 
        Republic of China in the year covered by the report, then the 
        amount of such funds UNFPA plans to spend in the People's 
        Republic of China shall be deducted from the funds made 
        available to UNFPA after March 1 for obligation for the 
        remainder of the fiscal year in which the report is submitted.

                        global health activities

    Sec. 7058. (a) In General.--Funds appropriated by titles III and IV 
of this Act that are made available for bilateral assistance for child 
survival activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law except for 
provisions under the heading ``Global Health Programs'' and the United 
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:  Provided, 
That of the funds appropriated under title III of this Act, not less 
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth 
threatens biodiversity or endangered species.
    (b) Pandemics and Other Infectious Disease Outbreaks.--
            (1) Global health security.--Funds appropriated by this Act 
        under the heading ``Global Health Programs'' shall be made 
        available for global health security programs to accelerate the 
        capacity of countries to prevent, detect, and respond to 
        infectious disease outbreaks by strengthening public health 
        capacity where there is a high risk of emerging zoonotic 
        infectious diseases, including as described in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act):  
        Provided, <<NOTE: Deadline. Consultation.>>  That not later than 
        60 days after enactment of this Act, the USAID Administrator and 
        the Secretary of State, as appropriate, shall consult with the 
        Committees on Appropriations on the planned uses of such funds.
            (2) International financing mechanism.--Funds appropriated 
        by this Act under the heading ``Global Health Programs'' may be 
        made available for a contribution to an international financing 
        mechanism for pandemic preparedness.
            (3) <<NOTE: Determination. Reports. Transfer authority.>>  
        Extraordinary measures.--If the Secretary of State determines 
        and reports to the Committees on Appropriations that an 
        international infectious disease outbreak is sustained, severe, 
        and is spreading internationally, or that it is in the national 
        interest to respond to a Public Health Emergency of 
        International Concern, not to exceed an aggregate total of 
        $200,000,000 of the funds appropriated by this Act under the 
        headings ``Global Health Programs'', ``Development Assistance'', 
        ``International Disaster Assistance'', ``Complex Crises Fund'', 
        ``Economic Support Fund'', ``Democracy Fund'', ``Assistance for 
        Europe, Eurasia and Central Asia'', ``Migration and Refugee 
        Assistance'', and ``Millennium Challenge Corporation'' may be 
        made available to combat such infectious disease or public 
        health emergency, and may be transferred to, and merged

[[Page 136 STAT. 671]]

        with, funds appropriated under such headings for the purposes of 
        this paragraph.
            (4) Emergency reserve fund.--Up to $100,000,000 of the funds 
        made available under the heading ``Global Health Programs'' may 
        be made available for the Emergency Reserve Fund established 
        pursuant to section 7058(c)(1) of the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2017 (division J of Public Law 115-31):  Provided, That such 
        funds shall be made available under the same terms and 
        conditions of such section.
            (5) Consultation and notification.--Funds made available by 
        this subsection shall be subject to prior consultation with, and 
        the regular notification procedures of, the Committees on 
        Appropriations.

    (c) <<NOTE: China.>>  Limitation.--Notwithstanding any other 
provision of law, none of the funds made available by this Act may be 
made available to the Wuhan Institute of Virology located in the City of 
Wuhan in the People's Republic of China.

                 gender equality and women's empowerment

    Sec. 7059. (a) In General.--
            (1) Gender equality.--Funds appropriated by this Act shall 
        be made available to promote gender equality in United States 
        Government diplomatic and development efforts by raising the 
        status, increasing the economic participation and opportunities 
        for political leadership, and protecting the rights of women and 
        girls worldwide.
            (2) <<NOTE: Consultation.>>  Women's economic empowerment.--
        Funds appropriated by this Act are available to implement the 
        Women's Entrepreneurship and Economic Empowerment Act of 2018 
        (Public Law 115-428):  Provided, That the Secretary of State and 
        the Administrator of the United States Agency for International 
        Development, as appropriate, shall consult with the Committees 
        on Appropriations on the implementation of such Act.
            (3) Gender equity and equality action fund.--Of the funds 
        appropriated under title III of this Act, up to $200,000,000 may 
        be made available for the Gender Equity and Equality Action 
        Fund.

    (b) Women's Leadership.--Of the funds appropriated under title III 
of this Act, not less than $50,000,000 shall be made available for 
programs specifically designed to increase leadership opportunities for 
women in countries where women and girls suffer discrimination due to 
law, policy, or practice, by strengthening protections for women's 
political status, expanding women's participation in political parties 
and elections, and increasing women's opportunities for leadership 
positions in the public and private sectors at the local, provincial, 
and national levels.
    (c) Gender-Based Violence.--
            (1) Of the funds appropriated under titles III and IV of 
        this Act, not less than $175,000,000 shall be made available to 
        implement a multi-year strategy to prevent and respond to 
        gender-based violence in countries where it is common in 
        conflict and non-conflict settings.
            (2) Funds appropriated under titles III and IV of this Act 
        that are available to train foreign police, judicial, and

[[Page 136 STAT. 672]]

        military personnel, including for international peacekeeping 
        operations, shall address, where appropriate, prevention and 
        response to gender-based violence and trafficking in persons, 
        and shall promote the integration of women into the police and 
        other security forces.

    (d) Women, Peace, and Security.--Of the funds appropriated by this 
Act under the headings ``Development Assistance'', ``Economic Support 
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and 
``International Narcotics Control and Law Enforcement'', not less than 
$135,000,000 should be made available to support a multi-year strategy 
to expand, and improve coordination of, United States Government efforts 
to empower women as equal partners in conflict prevention, peace 
building, transitional processes, and reconstruction efforts in 
countries affected by conflict or in political transition, and to ensure 
the equitable provision of relief and recovery assistance to women and 
girls.

                           sector allocations

    Sec. 7060. (a) Basic Education and Higher Education.--
            (1) Basic education.--
                    (A) <<NOTE: 22 USC 2151c note.>>  Of the funds 
                appropriated under title III of this Act, not less than 
                $950,000,000 shall be made available for the Nita M. 
                Lowey Basic Education Fund, and such funds may be made 
                available notwithstanding any other provision of law 
                that restricts assistance to foreign countries:  
                Provided, That such funds shall also be used for 
                secondary education activities:  Provided further, That 
                of the funds made available by this paragraph, 
                $150,000,000 should be available for the education of 
                girls in areas of conflict:  Provided 
                further, <<NOTE: Implementation.>>  That section 7(a) of 
                Public Law 115-56 shall be implemented by substituting 
                ``the thirtieth day of June following'' for ``180 days 
                after''.
                    (B) Of the funds appropriated under title III of 
                this Act for assistance for basic education programs, 
                not less than $150,000,000 shall be made available for 
                contributions to multilateral partnerships that support 
                education.
            (2) Higher education.--Of the funds appropriated by title 
        III of this Act, not less than $250,000,000 shall be made 
        available for assistance for higher education:  
        Provided, <<NOTE: Notification.>>  That such funds may be made 
        available notwithstanding any other provision of law that 
        restricts assistance to foreign countries, and shall be subject 
        to the regular notification procedures of the Committees on 
        Appropriations:  Provided further, That of such amount, not less 
        than $35,000,000 shall be made available for new and ongoing 
        partnerships between higher education institutions in the United 
        States and developing countries focused on building the capacity 
        of higher education institutions and systems in developing 
        countries:  Provided further, <<NOTE: Deadline. Consultation.>>  
        That not later than 45 days after enactment of this Act, the 
        USAID Administrator shall consult with the Committees on 
        Appropriations on the proposed uses of funds for such 
        partnerships.

    (b) Development Programs.--Of the funds appropriated by this Act 
under the heading ``Development Assistance'', not less than $18,500,000 
shall be made available for USAID cooperative development programs and 
not less than $31,500,000 shall be made available for the American 
Schools and Hospitals Abroad program.

[[Page 136 STAT. 673]]

    (c) Food Security and Agricultural Development.--Of the funds 
appropriated by title III of this Act, not less than $1,010,600,000 
shall be made available for food security and agricultural development 
programs to carry out the purposes of the Global Food Security Act of 
2016 (Public Law 114-195):  Provided, That funds may be made available 
for a contribution as authorized by section 3202 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by 
section 3310 of the Agriculture Improvement Act of 2018 (Public Law 115-
334).
    (d) Micro, Small, and Medium-Sized Enterprises.--Of the funds 
appropriated by this Act, not less than $265,000,000 shall be made 
available to support the development of, and access to financing for, 
micro, small, and medium-sized enterprises that benefit the poor, 
especially women.
    (e) Programs to Combat Trafficking in Persons.--Of the funds 
appropriated by this Act under the headings ``Development Assistance'', 
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central 
Asia'', and ``International Narcotics Control and Law Enforcement'', not 
less than $106,400,000 shall be made available for activities to combat 
trafficking in persons internationally, including for the Program to End 
Modern Slavery, of which not less than $77,000,000 shall be from funds 
made available under the heading ``International Narcotics Control and 
Law Enforcement'':  Provided, <<NOTE: Coordination.>>  That funds made 
available by this Act under the headings ``Development Assistance'', 
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and 
Central Asia'' that are made available for activities to combat 
trafficking in persons should be obligated and programmed consistent 
with the country-specific recommendations included in the annual 
Trafficking in Persons Report, and shall be coordinated with the Office 
to Monitor and Combat Trafficking in Persons, Department of State.

    (f) Reconciliation Programs.--Of the funds appropriated by this Act 
under the heading ``Development Assistance'', not less than $25,000,000 
shall be made available to support people-to-people reconciliation 
programs which bring together individuals of different ethnic, racial, 
religious, and political backgrounds from areas of civil strife and war: 
 Provided, <<NOTE: Consultation. Notification.>>  That the USAID 
Administrator shall consult with the Committees on Appropriations, prior 
to the initial obligation of funds, on the uses of such funds, and such 
funds shall be subject to the regular notification procedures of the 
Committees on Appropriations:  Provided further, That to the maximum 
extent practicable, such funds shall be matched by sources other than 
the United States Government:  Provided further, That such funds shall 
be administered by the Center for Conflict and Violence Prevention, 
USAID.

    (g) Water and Sanitation.--Of the funds appropriated by this Act, 
not less than $475,000,000 shall be made available for water supply and 
sanitation projects pursuant to section 136 of the Foreign Assistance 
Act of 1961, of which not less than $237,000,000 shall be for programs 
in sub-Saharan Africa, and of which not less than $17,000,000 shall be 
made available to support initiatives by local communities in developing 
countries to build and maintain safe latrines.
    (h) Deviation.--Unless otherwise provided for by this Act, the 
Secretary of State and the Administrator of the United States Agency for 
International Development, as applicable, may deviate below the minimum 
funding requirements designated in sections

[[Page 136 STAT. 674]]

7059, 7060, and 7061 of this Act by up to 10 percent, notwithstanding 
such designation:  Provided, <<NOTE: Submission.>>  That concurrent with 
the submission of the report required by section 653(a) of the Foreign 
Assistance Act of 1961, the Secretary of State shall submit to the 
Committees on Appropriations in writing any proposed deviations 
utilizing such authority that are planned at the time of submission of 
such report:  Provided further, <<NOTE: Consultation.>>  That any 
deviations proposed subsequent to the submission of such report shall be 
subject to prior consultation with such Committees:  Provided 
further, <<NOTE: Reports.>>  That not later than November 1, 2023, the 
Secretary of State shall submit a report to the Committees on 
Appropriations on the use of the authority of this subsection.

                          environment programs

    Sec. 7061. (a) Funds appropriated by this Act to carry out the 
provisions of sections 103 through 106, and chapter 4 of part II, of the 
Foreign Assistance Act of 1961 may be used, notwithstanding any other 
provision of law, except for the provisions of this section and only 
subject to the reporting procedures of the Committees on Appropriations, 
to support environment programs.
    (b)(1) Of the funds appropriated under title III of this Act, not 
less than $385,000,000 shall be made available for biodiversity 
conservation programs.
    (2) Not less than $125,000,000 of the funds appropriated under 
titles III and IV of this Act shall be made available to combat the 
transnational threat of wildlife poaching and trafficking.
    (3) <<NOTE: Determination. Poaching. Reports.>>  None of the funds 
appropriated under title IV of this Act may be made available for 
training or other assistance for any military unit or personnel that the 
Secretary of State determines has been credibly alleged to have 
participated in wildlife poaching or trafficking, unless the Secretary 
reports to the appropriate congressional committees that to do so is in 
the national security interest of the United States.

    (4) Funds appropriated by this Act for biodiversity programs shall 
not be used to support the expansion of industrial scale logging, 
agriculture, livestock production, mining, or any other industrial scale 
extractive activity into areas that were primary/intact tropical forests 
as of December 30, 2013, and the Secretary of the Treasury shall 
instruct the United States executive directors of each international 
financial institution (IFI) to use the voice and vote of the United 
States to oppose any financing of any such activity.
    (c) The Secretary of the Treasury shall instruct the United States 
executive director of each IFI that it is the policy of the United 
States to use the voice and vote of the United States, in relation to 
any loan, grant, strategy, or policy of such institution, regarding the 
construction of any large dam consistent with the criteria set forth in 
Senate Report 114-79, while also considering whether the project 
involves important foreign policy objectives.
    (d) Of the funds appropriated under title III of this Act, not less 
than $185,000,000 shall be made available for sustainable landscapes 
programs.
    (e) Of the funds appropriated under title III of this Act, not less 
than $270,000,000 shall be made available for adaptation programs, 
including in support of the implementation of the Indo-Pacific Strategy.

[[Page 136 STAT. 675]]

    (f) Of the funds appropriated under title III of this Act, not less 
than $260,000,000 shall be made available for clean energy programs, 
including in support of carrying out the purposes of the Electrify 
Africa Act (Public Law 114-121) and implementing the Power Africa 
initiative.
    (g) Funds appropriated by this Act under title III may be made 
available for United States contributions to the Adaptation Fund and the 
Least Developed Countries Fund.
    (h) Of the funds appropriated under title III of this Act, not less 
than $50,000,000 shall be made available for the purposes enumerated 
under section 7060(c)(7) of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2021 (division K of Public Law 
116-260):  Provided, <<NOTE: Consultation.>>  That such funds may only 
be made available following consultation with the Committees on 
Appropriations.

    (i) Of the funds appropriated under title III of this Act, not less 
than $20,000,000 shall be made available to support civil society 
advocacy organizations in developing countries that are working to 
prevent toxic pollutants and other harm to the environment, and to 
support such organizations that are working to prevent the poaching and 
trafficking of endangered species, as described under this section in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

                            budget documents

    Sec. 7062. <<NOTE: Deadlines.>>  (a) Operating Plans.--Not later 
than 45 days after enactment of this Act, each department, agency, or 
organization funded in titles I, II, and VI of this Act, and the 
Department of the Treasury and Independent Agencies funded in title III 
of this Act, including the Inter-American Foundation and the United 
States African Development Foundation, shall submit to the Committees on 
Appropriations an operating plan for funds appropriated to such 
department, agency, or organization in such titles of this Act, or funds 
otherwise available for obligation in fiscal year 2022, that provides 
details of the uses of such funds at the program, project, and activity 
level:  Provided, That such plans shall include, as applicable, a 
comparison between the congressional budget justification funding 
levels, the most recent congressional directives or approved funding 
levels, and the funding levels proposed by the department or agency; and 
a clear, concise, and informative description/justification:  Provided 
further, <<NOTE: Notification.>>  That operating plans that include 
changes in levels of funding for programs, projects, and activities 
specified in the congressional budget justification, in this Act, or 
amounts specifically designated in the respective tables included in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), as applicable, shall be subject to 
the notification and reprogramming requirements of section 7015 of this 
Act.

    (b) Spend Plans.--
            (1) Not later than 90 days after enactment of this Act, the 
        Secretary of State or Administrator of the United States Agency 
        for International Development, as appropriate, shall submit to 
        the Committees on Appropriations a spend plan for funds made 
        available by this Act for--
                    (A) assistance for countries in Central America;

[[Page 136 STAT. 676]]

                    (B) assistance made available pursuant to section 
                7047(d) of this Act to counter Russian influence, except 
                that such plan shall be on a country-by-country basis;
                    (C) assistance made available pursuant to section 
                7059 of this Act;
                    (D) the Indo-Pacific Strategy and the Countering PRC 
                Influence Fund;
                    (E) democracy programs, the Power Africa and Prosper 
                Africa initiatives, and sectors enumerated in 
                subsections (a), (c), (d), (e), (f), and (g) of section 
                7060 of this Act;
                    (F) funds provided under the heading ``International 
                Narcotics Control and Law Enforcement'' for 
                International Organized Crime and for Cybercrime and 
                Intellectual Property Rights:  Provided, That the spend 
                plans shall include bilateral and global programs funded 
                under such heading along with a brief description of the 
                activities planned for each country;
                    (G) implementation of the Global Fragility Act of 
                2019 (title V of division J of Public Law 116-94); and
                    (H) the Caribbean Basin Security Initiative; the 
                Central America Regional Security Initiative; the Trans-
                Saharan Counterterrorism Partnership; the Partnership 
                for Regional East Africa Counterterrorism; the Global 
                Peace Operations Initiative; the Africa Regional 
                Counterterrorism program; and the Counterterrorism 
                Partnerships Fund.
            (2) Not later than 90 days after enactment of this Act, the 
        Secretary of the Treasury shall submit to the Committees on 
        Appropriations a detailed spend plan for funds made available by 
        this Act under the heading ``Department of the Treasury, 
        International Affairs Technical Assistance'' in title III.

    (c) Clarification.--The spend plans referenced in subsection (b) 
shall not be considered as meeting the notification requirements in this 
Act or under section 634A of the Foreign Assistance Act of 1961.
    (d) Congressional Budget Justification.--The congressional budget 
justification for Department of State operations and foreign operations 
shall be provided to the Committees on Appropriations concurrent with 
the date of submission of the President's budget for fiscal year 2023:  
Provided, <<NOTE: Appendices.>>  That the appendices for such 
justification shall be provided to the Committees on Appropriations not 
later than 10 calendar days thereafter.

                             reorganization

    Sec. 7063. (a) Prior Consultation and Notification.--Funds 
appropriated by this Act, prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, or any 
other Act may not be used to implement a reorganization, redesign, or 
other plan described in subsection (b) by the Department of State, the 
United States Agency for International Development, or any other Federal 
department, agency, or organization funded by this Act without prior 
consultation by the head of such department, agency, or organization 
with the appropriate congressional committees:  Provided, That such 
funds shall be subject to the regular notification procedures of the 
Committees on Appropriations:  Provided further, That any such 
notification submitted to

[[Page 136 STAT. 677]]

such Committees shall include a detailed justification for any proposed 
action:  Provided further, That congressional notifications submitted in 
prior fiscal years pursuant to similar provisions of law in prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs may be deemed to meet the notification requirements 
of this section.
    (b) Description of Activities.--Pursuant to subsection (a), a 
reorganization, redesign, or other plan shall include any action to--
            (1) expand, eliminate, consolidate, or downsize covered 
        departments, agencies, or organizations, including bureaus and 
        offices within or between such departments, agencies, or 
        organizations, including the transfer to other agencies of the 
        authorities and responsibilities of such bureaus and offices;
            (2) expand, eliminate, consolidate, or downsize the United 
        States official presence overseas, including at bilateral, 
        regional, and multilateral diplomatic facilities and other 
        platforms; or
            (3) expand or reduce the size of the permanent Civil 
        Service, Foreign Service, eligible family member, and locally 
        employed staff workforce of the Department of State and USAID 
        from the staffing levels previously justified to the Committees 
        on Appropriations for fiscal year 2022.

                     department of state management

    Sec. 7064. (a) Working Capital Fund. <<NOTE: Notification.>> --Funds 
appropriated by this Act or otherwise made available to the Department 
of State for payments to the Working Capital Fund that are made 
available for new service centers, shall be subject to the regular 
notification procedures of the Committees on Appropriations.

    (b) Certification.--
            (1) Compliance. <<NOTE: Reports.>> --Not later than 45 days 
        after the initial obligation of funds appropriated under titles 
        III and IV of this Act that are made available to a Department 
        of State bureau or office with responsibility for the management 
        and oversight of such funds, the Secretary of State shall 
        certify and report to the Committees on Appropriations, on an 
        individual bureau or office basis, that such bureau or office is 
        in compliance with Department and Federal financial and grants 
        management policies, procedures, and regulations, as applicable.
            (2) Considerations.--When making a certification required by 
        paragraph (1), the Secretary of State shall consider the 
        capacity of a bureau or office to--
                    (A) account for the obligated funds at the country 
                and program level, as appropriate;
                    (B) identify risks and develop mitigation and 
                monitoring plans;
                    (C) establish performance measures and indicators;
                    (D) review activities and performance; and
                    (E) assess final results and reconcile finances.
            (3) Plan. <<NOTE: Timeline.>> --If the Secretary of State is 
        unable to make a certification required by paragraph (1), the 
        Secretary shall submit a plan and timeline detailing the steps 
        to be taken to bring such bureau or office into compliance.

    (c) Internships.--The Department of State may offer compensated 
internships, and select, appoint, employ for not more

[[Page 136 STAT. 678]]

than 52 weeks, and remove any such compensated intern without regard to 
the provisions of law governing appointments in the competitive service.
    (d) Information Technology Platform.--None of the funds appropriated 
in title I of this Act under the heading ``Administration of Foreign 
Affairs'' may be made available for a new major information technology 
(IT) investment without the concurrence of the Chief Information 
Officer, Department of State.

      united states agency for international development management

    Sec. 7065. <<NOTE: 22 USC 3948 note.>>  (a) Authority.--Up to 
$170,000,000 of the funds made available in title III of this Act 
pursuant to or to carry out the provisions of part I of the Foreign 
Assistance Act of 1961, including funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'', may be used by the 
United States Agency for International Development to hire and employ 
individuals in the United States and overseas on a limited appointment 
basis pursuant to the authority of sections 308 and 309 of the Foreign 
Service Act of 1980 (22 U.S.C. 3948 and 3949).

    (b) Restriction. <<NOTE: Expiration date.>> --The authority to hire 
individuals contained in subsection (a) shall expire on September 30, 
2023.

    (c) Program Account Charged.--The account charged for the cost of an 
individual hired and employed under the authority of this section shall 
be the account to which the responsibilities of such individual 
primarily relate:  Provided, <<NOTE: Transfer authority.>>  That funds 
made available to carry out this section may be transferred to, and 
merged with, funds appropriated by this Act in title II under the 
heading ``Operating Expenses''.

    (d) Foreign Service Limited Extensions.--Individuals hired and 
employed by USAID, with funds made available in this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a 
period of up to 4 years notwithstanding the limitation set forth in such 
section.
    (e) Disaster Surge Capacity. <<NOTE: Notification.>> --Funds 
appropriated under title III of this Act to carry out part I of the 
Foreign Assistance Act of 1961, including funds appropriated under the 
heading ``Assistance for Europe, Eurasia and Central Asia'', may be 
used, in addition to funds otherwise available for such purposes, for 
the cost (including the support costs) of individuals detailed to or 
employed by USAID whose primary responsibility is to carry out programs 
in response to natural disasters, or man-made disasters subject to the 
regular notification procedures of the Committees on Appropriations.

    (f) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Food for 
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by 
USAID to employ up to 40 personal services contractors in the United 
States, notwithstanding any other provision of law, for the purpose of 
providing direct, interim support for new or expanded overseas programs 
and activities managed by the agency until permanent direct hire 
personnel are hired and trained:  Provided, That not more than 15 of 
such contractors

[[Page 136 STAT. 679]]

shall be assigned to any bureau or office:  Provided further, That such 
funds appropriated to carry out title II of the Food for Peace Act 
(Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made available only 
for personal services contractors assigned to the Bureau for 
Humanitarian Assistance.
    (g) Small Business. <<NOTE: Contracts. Exception.>> --In entering 
into multiple award indefinite-quantity contracts with funds 
appropriated by this Act, USAID may provide an exception to the fair 
opportunity process for placing task orders under such contracts when 
the order is placed with any category of small or small disadvantaged 
business.

    (h) Senior Foreign Service Limited Appointments.--Individuals hired 
pursuant to the authority provided by section 7059(o) of the Department 
of State, Foreign Operations, and Related Programs Appropriations Act, 
2010 (division F of Public Law 111-117) may be assigned to or support 
programs in Afghanistan or Pakistan with funds made available in this 
Act and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs.

   stabilization and development in regions impacted by extremism and 
                                conflict

    Sec. 7066. (a) Prevention and Stabilization Fund.--
            (1) Funds and transfer authority.--Of the funds appropriated 
        by this Act under the headings ``Economic Support Fund'', 
        ``International Narcotics Control and Law Enforcement'', 
        ``Nonproliferation, Anti-terrorism, Demining and Related 
        Programs'', ``Peacekeeping Operations'', and ``Foreign Military 
        Financing Program'', not less than $125,000,000 shall be made 
        available for the purposes of the Prevention and Stabilization 
        Fund, as authorized by, and for the purposes enumerated in, 
        section 509(a) of the Global Fragility Act of 2019 (title V of 
        division J of Public Law 116-94), of which $25,000,000 may be 
        made available for the Multi-Donor Global Fragility Fund 
        authorized by section 510(c) of such Act:  Provided, That such 
        funds appropriated under such headings may be transferred to, 
        and merged with, funds appropriated under such headings:  
        Provided further, <<NOTE: Notification.>>  That such transfer 
        authority is in addition to any other transfer authority 
        provided by this Act or any other Act, and is subject to the 
        regular notification procedures of the Committees on 
        Appropriations.
            (2) Transitional justice.--Of the funds appropriated by this 
        Act under the headings ``Economic Support Fund'' and 
        ``International Narcotics Control and Law Enforcement'' that are 
        made available for the Prevention and Stabilization Fund, not 
        less than $10,000,000 shall be made available for programs to 
        promote accountability for genocide, crimes against humanity, 
        and war crimes, which shall be in addition to any other funds 
        made available by this Act for such purposes:  Provided, That 
        such programs shall include components to develop local 
        investigative and judicial skills, and to collect and preserve 
        evidence and maintain the chain of custody of evidence, 
        including for use in prosecutions, and may include the 
        establishment of, and assistance for, transitional justice 
        mechanisms:  Provided further, <<NOTE: Consultation.>>  That 
        such funds shall be administered by the Special Coordinator for 
        the Office of Global Criminal Justice, Department of State, and 
        shall be subject

[[Page 136 STAT. 680]]

        to prior consultation with the Committees on Appropriations:  
        Provided further, That funds made available by this paragraph 
        shall be made available on an open and competitive basis.

    (b) Global Community Engagement and Resilience Fund.--Funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
heading ``Economic Support Fund'' may be made available to the Global 
Community Engagement and Resilience Fund (GCERF), including as a 
contribution:  Provided, <<NOTE: Cost-matching. Notification.>>  That 
any such funds made available for the GCERF shall be made available on a 
cost-matching basis from sources other than the United States 
Government, to the maximum extent practicable, and shall be subject to 
the regular notification procedures of the Committees on Appropriations.

    (c) Global Concessional Financing Facility.--Funds appropriated by 
this Act under the heading ``Economic Support Fund'' may be made 
available for the Global Concessional Financing Facility of the World 
Bank to provide financing to support refugees and host communities:  
Provided, <<NOTE: Consultation.>>  That such funds should be in addition 
to funds allocated for bilateral assistance in the report required by 
section 653(a) of the Foreign Assistance Act of 1961, and may only be 
made available subject to prior to consultation with the Committees on 
Appropriations:  Provided further, <<NOTE: Transfer authority.>>  That 
such funds may be transferred to the Department of the Treasury.

                          debt-for-development

    Sec. 7067.  <<NOTE: Notification.>>  In order to enhance the 
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental 
organization which is a grantee or contractor of the United States 
Agency for International Development may place in interest bearing 
accounts local currencies which accrue to that organization as a result 
of economic assistance provided under title III of this Act and, subject 
to the regular notification procedures of the Committees on 
Appropriations, any interest earned on such investment shall be used for 
the purpose for which the assistance was provided to that organization.

                            enterprise funds

    Sec. 7068. <<NOTE: Time period. President.>>  (a) Notification.--
None of the funds made available under titles III through VI of this Act 
may be made available for Enterprise Funds unless the appropriate 
congressional committees are notified at least 15 days in advance.

    (b) Distribution of Assets Plan.--Prior to the distribution of any 
assets resulting from any liquidation, dissolution, or winding up of an 
Enterprise Fund, in whole or in part, the President shall submit to the 
appropriate congressional committees a plan for the distribution of the 
assets of the Enterprise Fund.
    (c) Transition or Operating Plan.--Prior to a transition to and 
operation of any private equity fund or other parallel investment fund 
under an existing Enterprise Fund, the President shall submit such 
transition or operating plan to the appropriate congressional 
committees.

[[Page 136 STAT. 681]]

           extension of consular fees and related authorities

    Sec. 7069. <<NOTE: Applicability. 22 USC 214 note.>>  (a) Section 
1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall 
be applied through fiscal year 2022 by substituting ``the costs of 
providing consular services'' for ``such costs''.

    (b) <<NOTE: Applicability.>>  Section 21009 of the Emergency 
Appropriations for Coronavirus Health Response and Agency Operations 
(division B of Public Law 116-136; 134 Stat. 592) shall be applied 
during fiscal year 2022 by substituting ``2020, 2021, and 2022'' for 
``2020 and 2021''.

    (c) <<NOTE: Transfer 
authority. Determination. Reports. Consultation.>>  Discretionary 
amounts made available to the Department of State under the heading 
``Administration of Foreign Affairs'' of this Act, and discretionary 
unobligated balances under such heading from prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs, may be transferred to the Consular and Border Security 
Programs account if the Secretary of State determines and reports to the 
Committees on Appropriations that to do so is necessary to sustain 
consular operations, following consultation with such Committees:  
Provided, That such transfer authority is in addition to any transfer 
authority otherwise available in this Act and under any other provision 
of law:  Provided further, That no amounts may be transferred from 
amounts designated as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.

    (d) In addition to the uses permitted pursuant to section 
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1356(v)(2)(A)), for fiscal year 2022, the Secretary of State may also 
use fees deposited into the Fraud Prevention and Detection Account for 
the costs of providing consular services.
    (e) <<NOTE: Effective date. Time periods. 22 USC 214 note.>>  
Beginning on October 1, 2021 and for each fiscal year thereafter, fees 
collected pursuant to subsection (a) of section 1 of the Passport Act of 
June 4, 1920 (22 U.S.C. 214(a)) shall, notwithstanding such subsection, 
be deposited in the Consular and Border Security Programs account as 
discretionary offsetting receipts:  Provided, That amounts deposited in 
fiscal year 2022 shall remain available until expended for the purposes 
of such account:  Provided further, <<NOTE: Regulations.>>  That the 
Secretary of State may by regulation authorize State officials or the 
United States Postal Service to collect and retain the execution fee for 
each application for a passport accepted by such officials or by that 
Service.

    (f) Amounts provided pursuant to subsections (a), (b), and (d) are 
designated by the Congress as being for an emergency requirement 
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 
(117th Congress), the concurrent resolution on the budget for fiscal 
year 2022.

                     organization of american states

    Sec. 7070. (a) The Secretary of State shall instruct the United 
States Permanent Representative to the Organization of American States 
(OAS) to use the voice and vote of the United States to: (1) implement 
budgetary reforms and efficiencies within the Organization; (2) 
eliminate arrears, increase other donor contributions, and impose 
penalties for successive late payment of assessments; (3) prevent 
programmatic and organizational redundancies and consolidate duplicative 
activities and functions; (4) prioritize

[[Page 136 STAT. 682]]

areas in which the OAS has expertise, such as strengthening democracy, 
monitoring electoral processes, and protecting human rights; and (5) 
implement reforms within the Office of the Inspector General (OIG) to 
ensure the OIG has the necessary integrity, professionalism, 
independence, policies, and procedures to properly carry out its 
responsibilities in a manner that meets or exceeds best practices in the 
United States.
    (b) <<NOTE: Reports.>>  Prior to the obligation of funds 
appropriated by this Act and made available for an assessed contribution 
to the Organization of American States, but not later than 90 days after 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations on actions taken or planned to be taken 
pursuant to paragraph (a).

                           protective services

    Sec. 7071.  <<NOTE: Consultation. Determination. Reports.>>  Of the 
funds appropriated under the heading ``Diplomatic Programs'' by this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs, except for funds designated by 
the Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, up to $30,000,000 may be made available to provide 
protective services to former or retired senior Department of State 
officials or employees that the Secretary of State, in consultation with 
the Director of National Intelligence, determines and reports to 
congressional leadership and the appropriate congressional committees, 
face a serious and credible threat from a foreign power or the agent of 
a foreign power arising from duties performed by such official or 
employee while employed by the Department:  Provided, That such 
determination shall include a justification for the provision of 
protective services by the Department, including the identification of 
the specific nature of the threat and the anticipated duration of such 
services provided, which may be submitted in classified form, if 
necessary:  Provided further, <<NOTE: Time 
periods. Extension. Determination.>>  That such protective services 
shall be consistent with other such services performed by the Bureau of 
Diplomatic Security under 22 U.S.C. 2709 for Department officials, and 
shall be made available for an initial period of not more than 180 days, 
which may be extended for additional consecutive periods of 60 days upon 
a subsequent determination by the Secretary that the specific threat 
persists:  Provided further, <<NOTE: Time period. Reports.>>  That not 
later than 45 days after enactment of this Act and quarterly thereafter, 
the Secretary shall submit a report to congressional leadership and the 
appropriate congressional committees detailing the number of individuals 
receiving protective services and the amount of funds expended for such 
services on a case-by-case basis, which may be submitted in classified 
form, if necessary:  Provided further, <<NOTE: Definition.>>  That for 
purposes of this section a former or retired senior Department of State 
official or employee means a person that served in the Department at the 
Assistant Secretary, Special Representative, or Senior Advisor level, or 
in a comparable or more senior position, and has separated from service 
at the Department:  Provided further, That funds made available pursuant 
to this section are in addition to amounts otherwise made available for 
such purposes.

[[Page 136 STAT. 683]]

                               rescissions

                    (including rescissions of funds)

    Sec. 7072. (a) Economic Support Fund.--Of the unobligated and 
unexpended balances from amounts made available under the heading 
``Economic Support Fund'' from prior Acts making appropriations for the 
Department of State, foreign operations, and related programs and 
allocated by the Executive Branch for Afghanistan in the annual reports 
required by section 653(a) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2413(a)), $855,644,000, shall be deobligated, as appropriate, and 
shall be rescinded.
    (b) Millennium Challenge Corporation.--Of the unobligated balances 
from amounts made available under the heading ``Millennium Challenge 
Corporation'' from prior Acts making appropriations for the Department 
of State, foreign operations, and related programs, $515,000,000 are 
rescinded.
    (c) International Narcotics Control and Law Enforcement.--Of the 
unobligated and unexpended balances from amounts made available under 
the heading ``International Narcotics Control and Law Enforcement'' from 
prior Acts making appropriations for the Department of State, foreign 
operations, and related programs and allocated by the Executive Branch 
for Afghanistan in the annual reports required by section 653(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2413(a)), $105,000,000, shall 
be deobligated, as appropriate, and shall be rescinded.
    (d) Peace Corps.--Of the unobligated balances from amounts made 
available under the heading ``Peace Corps'' from prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs, $70,000,000 are rescinded.
    (e) Embassy Security, Construction, and Maintenance.--
            (1) Of the unobligated and unexpended balances from amounts 
        made available under the heading ``Embassy Security, 
        Construction, and Maintenance'' in title II of the Security 
        Assistance Appropriations Act, 2017 (division B of Public Law 
        114-254), $41,000,000 are rescinded.
            (2) Of the unobligated and unexpended balances from amounts 
        available under the heading ``Embassy Security, Construction, 
        and Maintenance'' from prior Acts making appropriations for the 
        Department of State, foreign operations, and related programs 
        for Embassy Kabul construction projects, $629,000,000 are 
        rescinded.

    (f) Global Security Contingency Fund.--Of the unobligated balances 
from amounts made available under the heading ``Global Security 
Contingency Fund'' from prior Acts making appropriations for the 
Department of State, foreign operations, and related programs and 
identified by Treasury Appropriation Fund Symbol 11 X 1041, $28,135,000 
are rescinded.
    (g) Restriction.--No amounts may be rescinded from amounts that were 
previously designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985.
    This division may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2022''.

[[Page 136 STAT. 684]]

 DIVISION L <<NOTE: Transportation, Housing and Urban Development, and 
 Related Agencies Appropriations Act, 2022.>> --TRANSPORTATION, HOUSING 
AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022

    TITLE I <<NOTE: Department of Transportation Appropriations Act, 
2022.>> 

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary

                          salaries and expenses

    For necessary expenses of the Office of the Secretary, $141,500,000, 
of which not to exceed $3,515,000 shall be available for the immediate 
Office of the Secretary; not to exceed $1,254,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $25,352,000 
shall be available for the Office of the General Counsel; not to exceed 
$13,069,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $18,291,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $3,341,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $34,899,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $3,645,000 shall be available for the Office of Public 
Affairs and Public Engagement; not to exceed $2,116,000 shall be 
available for the Office of the Executive Secretariat; not to exceed 
$14,821,000 shall be available for the Office of Intelligence, Security, 
and Emergency Response; not to exceed $19,747,000 shall be available for 
the Office of the Chief Information Officer; and not to exceed 
$1,450,000 shall be available for the Office of Tribal Government 
Affairs:  Provided, <<NOTE: Transfer authority.>>  That the Secretary of 
Transportation (referred to in this title as the ``Secretary'') is 
authorized to transfer funds appropriated for any office of the Office 
of the Secretary to any other office of the Office of the Secretary:  
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 7 percent by all such transfers:  
Provided further, That notice of <<NOTE: Notice. Funding approval.>>  
any change in funding greater than 7 percent shall be submitted for 
approval to the House and Senate Committees on Appropriations:  Provided 
further, That not to exceed $70,000 shall be for allocation within the 
Department for official reception and representation expenses as the 
Secretary may determine:  Provided further, That notwithstanding any 
other provision of law, there may be credited to this appropriation up 
to $2,500,000 in funds received in user fees:  Provided further, That 
none of the funds provided in this Act shall be available for the 
position of Assistant Secretary for Public Affairs.

                         research and technology

    For necessary expenses related to the Office of the Assistant 
Secretary for Research and Technology, $51,363,000, of which $42,718,000 
shall remain available until expended:  Provided, That there may be 
credited to this appropriation, to be available until expended, funds 
received from States, counties, municipalities, other public 
authorities, and private sources for expenses incurred for training:  
Provided further, <<NOTE: Continuation. 49 USC 112 note.>>  That any 
reference in law, regulation, judicial proceedings, or elsewhere to the 
Research and Innovative

[[Page 136 STAT. 685]]

Technology Administration shall continue to be deemed to be a reference 
to the Office of the Assistant Secretary for Research and Technology of 
the Department of Transportation.

                   national infrastructure investments

                      (including transfer of funds)

    For necessary expenses to carry out a local and regional project 
assistance grant program under section 6702 of title 49, United States 
Code, $775,000,000, to remain available until expended:  Provided, That 
section 6702 (f)(2) of title 49, United States Code, shall not apply to 
amounts made available under this heading in this Act:  Provided 
further, That of amounts made available under this heading in this Act, 
not less than $20,000,000 shall be awarded to projects in historically 
disadvantaged communities or areas of persistent poverty as defined 
under section 6702(a)(1) of title 49, United States Code:  Provided 
further, That section 6702(g) of title 49, United States Code, shall not 
apply to amounts made available under this heading in this Act:  
Provided further, That of the amounts made available under this heading 
in this Act not less than 5 percent shall be made available for the 
planning, preparation, or design of eligible projects:  Provided 
further, <<NOTE: Grants.>>  That grants awarded under this heading in 
this Act for eligible projects for planning, preparation, or design 
shall not be subject to a minimum grant size:  Provided 
further, <<NOTE: Distribution.>>  That in distributing amounts made 
available under this heading in this Act, the Secretary shall take such 
measures so as to ensure an equitable geographic distribution of funds, 
an appropriate balance in addressing the needs of urban and rural areas, 
including Tribal areas, and the investment in a variety of 
transportation modes:  Provided further, That a grant award under this 
heading in this Act shall be not greater than $45,000,000:  Provided 
further, That section 6702(c)(3) of title 49, United States Code, shall 
not apply to amounts made available under this heading in this Act:  
Provided further, That not more than 15 percent of the amounts made 
available under this heading in this Act may be awarded to projects in a 
single state:  Provided further, That for amounts made available under 
this heading in this Act, the Secretary shall give priority to projects 
that require a contribution of Federal funds in order to complete an 
overall financing package:  Provided further, That section 6702(f)(1) of 
title 49, United States Code, shall not apply to amounts made available 
under this heading in this Act:  Provided 
further, <<NOTE: Allocations. Urban and rural areas.>>  That of the 
amounts awarded under this heading in this Act, not more than 50 percent 
shall be allocated for eligible projects located in rural areas and not 
more than 50 percent shall be allocated for eligible projects located in 
urbanized areas:  Provided further, <<NOTE: Determination. Urban and 
rural areas.>>  That for the purpose of determining if an award for 
planning, preparation, or design under this heading in this Act is an 
urban award, the project location is the location of the project being 
planned, prepared, or designed:  Provided further, That the Secretary 
may retain up to 2 percent of the amounts made available under this 
heading in this Act, and may transfer portions of such amounts to the 
Administrators of the Federal Aviation Administration, the Federal 
Highway Administration, the Federal Transit Administration, the Federal 
Railroad Administration and the Maritime Administration to fund the 
award and oversight of grants and credit assistance

[[Page 136 STAT. 686]]

made under the program authorized under section 6702 of title 49, United 
States Code:  Provided further, That for amounts made available under 
this heading in this Act, the Secretary shall consider and award 
projects based solely on the selection criteria as identified under 
section 6702(d)(3) and (d)(4) of title 49, United States Code.

                     thriving communities initiative

                      (including transfer of funds)

    For necessary expenses for a thriving communities program, 
$25,000,000, to remain available until September 30, 2024:  
Provided, <<NOTE: Contracts.>>  That the Secretary of Transportation 
shall make such amounts available for technical assistance and 
cooperative agreements to develop and implement technical assistance, 
planning, and capacity building to improve and foster thriving 
communities through transportation improvements:  Provided 
further, <<NOTE: Contracts.>>  That the Secretary may enter into 
cooperative agreements with philanthropic entities, non-profit 
organizations, other Federal agencies, state or local governments and 
their agencies, Indian Tribes, or other technical assistance providers, 
to provide such technical assistance, planning, and capacity building to 
state, local, or Tribal governments, United States territories, 
metropolitan planning organizations, transit agencies, or other 
political subdivisions of state or local governments:  Provided 
further, <<NOTE: Contracts.>>  That to be eligible for a cooperative 
agreement under this heading, a recipient shall provide assistance to 
entities described in the preceding proviso on engaging in public 
planning processes with residents, local businesses, non-profit 
organizations, and to the extent practicable, philanthropic 
organizations, educational institutions, or other community 
stakeholders:  Provided further, <<NOTE: Contracts.>>  That such 
cooperative agreements shall facilitate the planning and development of 
transportation and community revitalization activities supported by the 
Department of Transportation under titles 23, 46, and 49, United States 
Code, that increase mobility, reduce pollution from transportation 
sources, expand affordable transportation options, facilitate efficient 
land use, preserve or expand jobs, improve housing conditions, enhance 
connections to health care, education, and food security, or improve 
health outcomes:  Provided further, That the Secretary may prioritize 
assistance provided with amounts made available under this heading to 
communities that have disproportionate rates of pollution and poor air 
quality, communities experiencing disproportionate effects (as defined 
by Executive Order No. 12898), areas of persistent poverty as defined in 
section 6702(a)(1) of title 49, United States Code, or historically 
disadvantaged communities:  Provided further, That the preceding proviso 
shall not prevent the Secretary from providing assistance with amounts 
made available under this heading to entities described in the second 
proviso under this heading that request assistance through the thriving 
communities program:  Provided further, That planning and technical 
assistance made available under this heading may include pre-application 
assistance for capital projects eligible under titles 23, 46, and 49, 
United States Code:  Provided further, That the Secretary may retain 
amounts made available under this heading for the necessary 
administrative expenses of (1) developing and disseminating best 
practices, modeling, and cost-benefit analysis methodologies to assist 
entities described in the second proviso under this

[[Page 136 STAT. 687]]

heading with applications for financial assistance programs under titles 
23, 46, and 49, United States Code, and (2) award, administration, and 
oversight of cooperative agreements to carry out the provisions under 
this heading:  Provided further, That such amounts and payments as may 
be necessary to carry out the thriving communities program may be 
transferred to appropriate accounts of other operating administrations 
within the Department of Transportation.

      national surface transportation and innovative finance bureau

    For necessary expenses of the National Surface Transportation and 
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $3,800,000, to 
remain available until expended:  Provided, <<NOTE: Fees.>>  That the 
Secretary may collect and spend fees, as authorized by title 23, United 
States Code, to cover the costs of services of expert firms, including 
counsel, in the field of municipal and project finance to assist in the 
underwriting and servicing of Federal credit instruments and all or a 
portion of the costs to the Federal Government of servicing such credit 
instruments:  Provided further, That such fees are available until 
expended to pay for such costs:  Provided further, That such amounts are 
in addition to other amounts made available for such purposes and are 
not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

        railroad rehabilitation and improvement financing program

     <<NOTE: Loans.>> The Secretary is authorized to issue direct loans 
and loan guarantees pursuant to chapter 224 of title 49, United States 
Code, and such authority shall exist as long as any such direct loan or 
loan guarantee is outstanding.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department of 
Transportation's financial systems and re-engineering business 
processes, $5,000,000, to remain available through September 30, 2023.

                       cyber security initiatives

    For necessary expenses for cyber security initiatives, including 
necessary upgrades to network and information technology infrastructure, 
improvement of identity management and authentication capabilities, 
securing and protecting data, implementation of Federal cyber security 
initiatives, and implementation of enhanced security controls on agency 
computers and mobile devices, $39,400,000, to remain available until 
September 30, 2023.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $11,564,000.

[[Page 136 STAT. 688]]

           transportation planning, research, and development

                      (including transfer of funds)

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, $29,863,000, to remain available until expended:  Provided, That 
of such amount, $2,000,000 shall be for necessary expenses of the 
Interagency Infrastructure Permitting Improvement Center (IIPIC):  
Provided further, That there may be transferred to this appropriation, 
to remain available until expended, amounts transferred from other 
Federal agencies for expenses incurred under this heading for IIPIC 
activities not related to transportation infrastructure:  Provided 
further, That the tools and analysis developed by the IIPIC shall be 
available to other Federal agencies for the permitting and review of 
major infrastructure projects not related to transportation only to the 
extent that other Federal agencies provide funding to the Department in 
accordance with the preceding proviso:  Provided further, That of the 
amounts made available under this heading, $7,066,000 shall be made 
available for the purposes, and in amounts, specified for Community 
Project Funding/Congressionally Directed Spending in the table entitled 
``Community Project Funding/Congressionally Directed Spending'' included 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

                          working capital fund

                      (including transfer of funds)

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $419,173,000, shall be paid from 
appropriations made available to the Department of Transportation:  
Provided, That such services shall be provided on a competitive basis to 
entities within the Department of Transportation:  Provided further, 
That the limitation in the preceding proviso on operating expenses shall 
not apply to entities external to the Department of Transportation or 
for funds provided in Public Law 117-58:  Provided further, That no 
funds made available by this Act to an agency of the Department shall be 
transferred to the Working Capital Fund without majority approval of the 
Working Capital Fund Steering Committee and approval of the Secretary:  
Provided further, <<NOTE: Assessments. Notification.>>  That no 
assessments may be levied against any program, budget activity, 
subactivity, or project funded by this Act unless notice of such 
assessments and the basis therefor are presented to the House and Senate 
Committees on Appropriations and are approved by such Committees.

        small and disadvantaged business utilization and outreach

    For necessary expenses for small and disadvantaged business 
utilization and outreach activities, $4,977,000, to remain available 
until September 30, 2023:  Provided, That notwithstanding section 332 of 
title 49, United States Code, such amounts may be used for business 
opportunities related to any mode of transportation:  Provided further, 
That appropriations made available under this heading shall be available 
for any purpose consistent with prior year appropriations that were made 
available under the heading

[[Page 136 STAT. 689]]

``Office of the Secretary--Minority Business Resource Center Program''.

                        payments to air carriers

                     (airport and airway trust fund)

    In addition to funds made available from any other source to carry 
out the essential air service program under sections 41731 through 41742 
of title 49, United States Code, $350,000,000, to be derived from the 
Airport and Airway Trust Fund, to remain available until expended:  
Provided, <<NOTE: Determination.>>  That in determining between or among 
carriers competing to provide service to a community, the Secretary may 
consider the relative subsidy requirements of the carriers:  Provided 
further, That basic essential air service minimum requirements shall not 
include the 15-passenger capacity requirement under section 41732(b)(3) 
of title 49, United States Code:  Provided further, That amounts 
authorized to be distributed for the essential air service program under 
section 41742(b) of title 49, United States Code, shall be made 
available immediately from amounts otherwise provided to the 
Administrator of the Federal Aviation Administration:  Provided 
further, <<NOTE: Reimbursement.>>  That the Administrator may reimburse 
such amounts from fees credited to the account established under section 
45303 of title 49, United States Code:  Provided further, That, 
notwithstanding section 41733 of title 49, United States Code, for 
fiscal year 2022, the requirements established under subparagraphs (B) 
and (C) of section 41731(a)(1) of title 49, United States Code, and the 
subsidy cap established by section 332 of the Department of 
Transportation and Related Agencies Appropriations Act, 2000, shall not 
apply to maintain eligibility under section 41731 of title 49, United 
States Code.

  administrative provisions--office of the secretary of transportation

    Sec. 101.  <<NOTE: Assessments. Contracts.>>  None of the funds made 
available by this Act to the Department of Transportation may be 
obligated for the Office of the Secretary of Transportation to approve 
assessments or reimbursable agreements pertaining to funds appropriated 
to the operating administrations in this Act, except for activities 
underway on the date of enactment of this Act, unless such assessments 
or agreements have completed the normal reprogramming process for 
congressional notification.

    Sec. 102.  <<NOTE: Web posting. Public 
information. Requirement. Records.>>  The Secretary shall post on the 
web site of the Department of Transportation a schedule of all meetings 
of the Council on Credit and Finance, including the agenda for each 
meeting, and require the Council on Credit and Finance to record the 
decisions and actions of each meeting.

    Sec. 103.  <<NOTE: Reimbursements. Transit benefits.>>  In addition 
to authority provided by section 327 of title 49, United States Code, 
the Department's Working Capital Fund is authorized to provide partial 
or full payments in advance and accept subsequent reimbursements from 
all Federal agencies from available funds for transit benefit 
distribution services that are necessary to carry out the Federal 
transit pass transportation fringe benefit program under Executive Order 
No. 13150 and section 3049 of SAFETEA-LU (5 U.S.C. 7905 note):  
Provided, That the Department shall maintain a reasonable operating 
reserve in the Working Capital Fund, to be expended in advance to 
provide

[[Page 136 STAT. 690]]

uninterrupted transit benefits to Government employees:  Provided 
further, That such reserve shall not exceed 1 month of benefits payable 
and may be used only for the purpose of providing for the continuation 
of transit benefits:  Provided further, That the Working Capital Fund 
shall be fully reimbursed by each customer agency from available funds 
for the actual cost of the transit benefit.

    Sec. 104.  Receipts collected in the Department's Working Capital 
Fund, as authorized by section 327 of title 49, United States Code, for 
unused transit and van pool benefits, in an amount not to exceed 10 
percent of fiscal year 2022 collections, shall be available until 
expended in the Department's Working Capital Fund to provide contractual 
services in support of section 189 of this Act:  Provided, That 
obligations in fiscal year 2022 of such collections shall not exceed 
$1,000,000.
    Sec. 105.  Funds made available in division K of the Consolidated 
and Further Continuing Appropriations Act, 2015 (Public Law 113-235) 
under the heading ``Department of Transportation--Office of the 
Secretary--National Infrastructure Investments'' for transit and highway 
projects that were available for obligation through fiscal year 2017 
shall remain available through fiscal year 2023 for the liquidation of 
valid obligations incurred during fiscal years 2015 through 2017 of 
active grants awarded with such funds.
    Sec. 106.  <<NOTE: Retention bonuses. Advance approval.>>  None of 
the funds in this title may be obligated or expended for retention or 
senior executive bonuses for an employee of the Department of 
Transportation without the prior written approval of the Assistant 
Secretary for Administration.

    Sec. 107.  In addition to authority provided by section 327 of title 
49, United States Code, the Department's Administrative Working Capital 
Fund is hereby authorized to transfer information technology equipment, 
software, and systems from Departmental sources or other entities and 
collect and maintain a reserve at rates which will return full cost of 
transferred assets.
    Sec. 108.  <<NOTE: Deadline. Notification.>>  None of the funds 
provided in this Act to the Department of Transportation may be used to 
provide credit assistance unless not less than 3 days before any 
application approval to provide credit assistance under sections 603 and 
604 of title 23, United States Code, the Secretary provides notification 
in writing to the following committees: the House and Senate Committees 
on Appropriations; the Committee on Environment and Public Works and the 
Committee on Banking, Housing and Urban Affairs of the Senate; and the 
Committee on Transportation and Infrastructure of the House of 
Representatives:  Provided, That such notification shall include, but 
not be limited to, the name of the project sponsor; a description of the 
project; whether credit assistance will be provided as a direct loan, 
loan guarantee, or line of credit; and the amount of credit assistance.

    Sec. 109.  For an additional amount for ``Railroad Rehabilitation 
and Improvement Financing Program'' for the cost of modifications, as 
defined by section 502 of the Federal Credit Reform Act of 1990, of 
direct loans issued pursuant to sections 501 through 504 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as 
amended, and included in cohort 3, as defined by the Department of 
Transportation's memorandum to the Office of Management and Budget dated 
November 5, 2018, $10,000,000, to remain available until expended:  
Provided, <<NOTE: Payments. Deadline.>>  That for a direct loan included 
in cohort 3, as defined in the memorandum described in the preceding 
proviso, that has satisfied all obligations

[[Page 136 STAT. 691]]

attached to such loan, the Secretary shall repay the credit risk 
premiums of such loan, with interest accrued thereon, not later than 60 
days after the enactment of this Act or, for a direct loan included in 
cohort 3 with obligations that have not yet been satisfied, not later 
than 60 days after the date on which all obligations attached to such 
loan have been satisfied.

    Sec. 109A.  Section 312(a) of title 49 United States Code, shall be 
amended by striking ``land-based,'' after ``operation of a''.

                     Federal Aviation Administration

                               operations

                     (airport and airway trust fund)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the public, 
the lease or purchase of passenger motor vehicles for replacement only, 
$11,414,100,000, to remain available until September 30, 2023, of which 
$6,414,100,000 to be derived from the Airport and Airway Trust Fund:  
Provided, That of the amounts made available under this heading--
            (1) not less than $1,536,298,000 shall be available for 
        aviation safety activities;
            (2) $8,472,585,000 shall be available for air traffic 
        organization activities;
            (3) $32,470,000 shall be available for commercial space 
        transportation activities;
            (4) $889,216,000 shall be available for finance and 
        management activities;
            (5) $63,955,000 shall be available for NextGen and 
        operations planning activities;
            (6) $139,466,000 shall be available for security and 
        hazardous materials safety; and
            (7) $280,110,000 shall be available for staff offices:

  Provided further, <<NOTE: Transfer authority.>>  That not to exceed 5 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading:  
Provided further, That no transfer may increase or decrease any 
appropriation under this heading by more than 5 percent:  Provided 
further, That any transfer in excess of 5 percent shall be treated as a 
reprogramming of funds under section 405 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section:  Provided 
further, <<NOTE: Deadline. Updates. 49 USC 44506 note.>>  That not later 
than 60 days after the submission of the budget request, the 
Administrator of the Federal Aviation Administration shall transmit to 
Congress an annual update to the report submitted to Congress in 
December 2004 pursuant to section 221 of the Vision 100-Century of 
Aviation Reauthorization Act (49 U.S.C. 40101 note):  Provided 
further, <<NOTE: Late penalties. Deadline.>>  That the amounts made 
available under this heading shall be reduced by $100,000 for each day 
after 60 days after the submission of the budget request that such 
report has not been transmitted to Congress:  Provided 
further, <<NOTE: Reports. 49 USC 44502 note.>>  That not later than 60 
days after

[[Page 136 STAT. 692]]

the submission of the budget request, the Administrator shall transmit 
to Congress a companion report that describes a comprehensive strategy 
for staffing, hiring, and training flight standards and aircraft 
certification staff in a format similar to the one utilized for the 
controller staffing plan, including stated attrition estimates and 
numerical hiring goals by fiscal year:  Provided further, <<NOTE: Late 
penalties. Deadline.>>  That the amounts made available under this 
heading shall be reduced by $100,000 for each day after the date that is 
60 days after the submission of the budget request that such report has 
not been submitted to Congress:  Provided 
further, <<NOTE: Grants. Contracts. Nonprofit. Safety standards.>>  That 
funds may be used to enter into a grant agreement with a nonprofit 
standard-setting organization to assist in the development of aviation 
safety standards:  Provided further, That none of the funds made 
available by this Act shall be available for new applicants for the 
second career training program:  Provided further, <<NOTE: Fees.>>  That 
none of the funds made available by this Act shall be available for the 
Federal Aviation Administration to finalize or implement any regulation 
that would promulgate new aviation user fees not specifically authorized 
by law after the date of the enactment of this Act:  Provided further, 
That there may be credited to this appropriation, as offsetting 
collections, funds received from States, counties, municipalities, 
foreign authorities, other public authorities, and private sources for 
expenses incurred in the provision of agency services, including 
receipts for the maintenance and operation of air navigation facilities, 
and for issuance, renewal or modification of certificates, including 
airman, aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms:  Provided 
further, That of the amounts made available under this heading, not less 
than $178,000,000 shall be used to fund direct operations of the current 
air traffic control towers in the contract tower program, including the 
contract tower cost share program, and any airport that is currently 
qualified or that will qualify for the program during the fiscal year:  
Provided further, That none of the funds made available by this Act for 
aeronautical charting and cartography are available for activities 
conducted by, or coordinated through, the Working Capital Fund:  
Provided further, That none of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to eliminate the 
Contract Weather Observers program at any airport.

                        facilities and equipment

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, technical support services, improvement by contract or 
purchase, and hire of national airspace systems and experimental 
facilities and equipment, as authorized under part A of subtitle VII of 
title 49, United States Code, including initial acquisition of necessary 
sites by lease or grant; engineering and service testing, including 
construction of test facilities and acquisition of necessary sites by 
lease or grant; construction and furnishing of quarters and related 
accommodations for officers and employees of the Federal Aviation 
Administration stationed at remote localities where such accommodations 
are not available; and the purchase, lease, or transfer of aircraft from 
funds made available under this heading, including aircraft for aviation 
regulation and certification;

[[Page 136 STAT. 693]]

to be derived from the Airport and Airway Trust Fund, $2,892,887,500, of 
which $550,000,000 is for personnel and related expenses and shall 
remain available until September 30, 2023, $1,980,722,500 shall remain 
available until September 30, 2024, and $362,165,000 is for terminal 
facilities and shall remain available until September 30, 2026:  
Provided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public 
authorities, and private sources, for expenses incurred in the 
establishment, improvement, and modernization of national airspace 
systems:  Provided further, <<NOTE: Deadline. Investment plan. Time 
period.>>  That not later than 60 days after submission of the budget 
request, the Secretary of Transportation shall transmit to the Congress 
an investment plan for the Federal Aviation Administration which 
includes funding for each budget line item for fiscal years 2023 through 
2027, with total funding for each year of the plan constrained to the 
funding targets for those years as estimated and approved by the Office 
of Management and Budget:  Provided further, <<NOTE: Applicability.>>  
That section 405 of this Act shall apply to amounts made available under 
this heading in Title VIII of the Infrastructure Investments and Jobs 
Appropriations Act (division J of Public Law 117-58):  Provided further, 
That the amounts in the table entitled ``Allocation of Funds for FAA 
Facilities and Equipment from the Infrastructure Investment and Jobs 
Act--Fiscal Year 2022'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act) 
shall be the baseline for application of reprogramming and transfer 
authorities for the current fiscal year pursuant to paragraph (7) of 
such section 405 for amounts referred to in the preceding proviso:  
Provided further, <<NOTE: Advance approval. Transfer authority.>>  That, 
notwithstanding paragraphs (5) and (6) of such section 405, unless prior 
approval is received from the House and Senate Committees on 
Appropriations, not to exceed 10 percent of any funding level specified 
for projects and activities in the table referred to in the preceding 
proviso may be transferred to any other funding level specified for 
projects and activities in such table and no transfer of such funding 
levels may increase or decrease any funding level in such table by more 
than 10 percent.

                 research, engineering, and development

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle VII 
of title 49, United States Code, including construction of experimental 
facilities and acquisition of necessary sites by lease or grant, 
$248,500,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2024:  Provided, That there may 
be credited to this appropriation as offsetting collections, funds 
received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development:  Provided further, 
That amounts made available under this heading shall be used in 
accordance with the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, <<NOTE: Transfer authority.>>  That not to exceed 10 percent of 
any funding level specified under this heading in the explanatory 
statement described in section 4 (in the matter

[[Page 136 STAT. 694]]

preceding division A of this consolidated Act) may be transferred to any 
other funding level specified under this heading in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, That no transfer may increase 
or decrease any funding level by more than 10 percent:  Provided 
further, That any transfer in excess of 10 percent shall be treated as a 
reprogramming of funds under section 405 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.

                       grants-in-aid for airports

                 (liquidation of contract authorization)

                       (limitation on obligations)

                     (airport and airway trust fund)

                      (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,350,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until expended:  Provided, That none 
of the amounts made available under this heading shall be available for 
the planning or execution of programs the obligations for which are in 
excess of $3,350,000,000, in fiscal year 2022, notwithstanding section 
47117(g) of title 49, United States Code:  Provided further, That none 
of the amounts made available under this heading shall be available for 
the replacement of baggage conveyor systems, reconfiguration of terminal 
baggage areas, or other airport improvements that are necessary to 
install bulk explosive detection systems:  Provided further, That 
notwithstanding section 47109(a) of title 49, United States Code, the 
Government's share of allowable project costs under paragraph (2) of 
such section for subgrants or paragraph (3) of such section shall be 95 
percent for a project at other than a large or medium hub airport that 
is a successive phase of a multi-phased construction project for which 
the project sponsor received a grant in fiscal year 2011 for the 
construction project:  Provided further, That notwithstanding any other 
provision of law, of amounts limited under this heading, not more than 
$127,165,000 shall be available for administration, not less than 
$15,000,000 shall be available for the Airport Cooperative Research 
Program, not less than $40,961,000 shall be available for Airport 
Technology Research, and $10,000,000, to remain available until 
expended, shall be available and transferred to ``Office of the 
Secretary, Salaries and Expenses'' to carry out the Small Community Air 
Service Development Program:  Provided further, <<NOTE: Request for 
proposals.>>  That in addition to airports

[[Page 136 STAT. 695]]

eligible under section 41743 of title 49, United States Code, such 
program may include the participation of an airport that serves a 
community or consortium that is not larger than a small hub airport, 
according to FAA hub classifications effective at the time the Office of 
the Secretary issues a request for proposals.

                       grants-in-aid for airports

    For an additional amount for ``Grants-In-Aid for Airports'', to 
enable the Secretary of Transportation to make grants for projects as 
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter 
475 of title 49, United States Code, $554,180,000, to remain available 
through September 30, 2024:  Provided, That amounts made available under 
this heading shall be derived from the general fund, and such funds 
shall not be subject to apportionment formulas, special apportionment 
categories, or minimum percentages under chapter 471 of title 49, United 
States Code:  Provided further, That of the amounts made available under 
this heading, $279,180,135 shall be made available for the purposes, and 
in amounts, specified for Community Project Funding/Congressionally 
Directed Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, <<NOTE: Distribution.>>  That 
any funds made available under this heading in this Act that remain 
available after the distribution of funds under the preceding proviso 
shall be available to the Secretary to distribute as discretionary 
grants to airports:  Provided further, That the amounts made available 
under this heading shall not be subject to any limitation on obligations 
for the Grants-in-Aid for Airports program set forth in any Act:  
Provided further, That the Administrator of the Federal Aviation 
Administration may retain up to 0.5 percent of the amounts made 
available under this heading to fund the award and oversight by the 
Administrator of grants made under this heading.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds made available by this Act may be used 
to compensate in excess of 600 technical staff-years under the federally 
funded research and development center contract between the Federal 
Aviation Administration and the Center for Advanced Aviation Systems 
Development during fiscal year 2022.
    Sec. 111.  None of the funds made available by this Act shall be 
used to pursue or adopt guidelines or regulations requiring airport 
sponsors to provide to the Federal Aviation Administration without cost 
building construction, maintenance, utilities and expenses, or space in 
airport sponsor-owned buildings for services relating to air traffic 
control, air navigation, or weather reporting:  Provided, That the 
prohibition on the use of funds in this section does not apply to 
negotiations between the agency and airport sponsors to achieve 
agreement on ``below-market'' rates for these items or to grant 
assurances that require airport sponsors to provide land without cost to 
the Federal Aviation Administration for air traffic control facilities.
    Sec. 112.  <<NOTE: Reimbursement.>>  The Administrator of the 
Federal Aviation Administration may reimburse amounts made available to 
satisfy section 41742(a)(1) of title 49, United States Code, from fees 
credited under

[[Page 136 STAT. 696]]

section 45303 of title 49, United States Code, and any amount remaining 
in such account at the close of any fiscal year may be made available to 
satisfy section 41742(a)(1) of title 49, United States Code, for the 
subsequent fiscal year.

    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes as such appropriation.
    Sec. 114.  None of the funds made available by this Act shall be 
available for paying premium pay under section 5546(a) of title 5, 
United States Code, to any Federal Aviation Administration employee 
unless such employee actually performed work during the time 
corresponding to such premium pay.
    Sec. 115.  None of the funds made available by this Act may be 
obligated or expended for an employee of the Federal Aviation 
Administration to purchase a store gift card or gift certificate through 
use of a Government-issued credit card.
    Sec. 116.  Notwithstanding any other provision of law, none of the 
funds made available under this Act or any prior Act may be used to 
implement or to continue to implement any limitation on the ability of 
any owner or operator of a private aircraft to obtain, upon a request to 
the Administrator of the Federal Aviation Administration, a blocking of 
that owner's or operator's aircraft registration number, Mode S 
transponder code, flight identification, call sign, or similar 
identifying information from any ground based display to the public that 
would allow the real-time or near real-time flight tracking of that 
aircraft's movements, except data made available to a Government agency, 
for the noncommercial flights of that owner or operator.
    Sec. 117.  None of the funds made available by this Act shall be 
available for salaries and expenses of more than nine political and 
Presidential appointees in the Federal Aviation Administration.
    Sec. 118.  <<NOTE: Fees. Reports.>>  None of the funds made 
available by this Act may be used to increase fees pursuant to section 
44721 of title 49, United States Code, until the Federal Aviation 
Administration provides to the House and Senate Committees on 
Appropriations a report that justifies all fees related to aeronautical 
navigation products and explains how such fees are consistent with 
Executive Order No. 13642.

    Sec. 119.  <<NOTE: Notification. Deadline.>>  None of the funds made 
available by this Act may be used to close a regional operations center 
of the Federal Aviation Administration or reduce its services unless the 
Administrator notifies the House and Senate Committees on Appropriations 
not less than 90 full business days in advance.

    Sec. 119A.  <<NOTE: New Jersey.>>  None of the funds made available 
by or limited by this Act may be used to change weight restrictions or 
prior permission rules at Teterboro airport in Teterboro, New Jersey.

    Sec. 119B.  <<NOTE: Determination.>>  None of the funds made 
available by this Act may be used by the Administrator of the Federal 
Aviation Administration to withhold from consideration and approval any 
new application for participation in the Contract Tower Program, or for 
reevaluation of Cost-share Program participants so long as the Federal 
Aviation Administration has received an application from the airport, 
and so long as the Administrator determines such tower is eligible using 
the factors set forth in Federal Aviation Administration published 
establishment criteria.

[[Page 136 STAT. 697]]

    Sec. 119C.  <<NOTE: Reprogramming request.>>  None of the funds made 
available by this Act may be used to open, close, redesignate as a 
lesser office, or reorganize a regional office, the aeronautical center, 
or the technical center unless the Administrator submits a request for 
the reprogramming of funds under section 405 of this Act.

    Sec. 119D.  <<NOTE: Reimbursement.>>  The Federal Aviation 
Administration Administrative Services Franchise Fund may be reimbursed 
after performance or paid in advance from funds available to the Federal 
Aviation Administration and other Federal agencies for which the Fund 
performs services.

    Sec. 119E.  <<NOTE: Reimbursement. President.>>  Of the funds 
provided under the heading ``Grants-in-aid for Airports'', up to 
$3,500,000 shall be for necessary expenses, including an independent 
verification regime, to provide reimbursement to airport sponsors that 
do not provide gateway operations and providers of general aviation 
ground support services, or other aviation tenants, located at those 
airports closed during a temporary flight restriction (TFR) for any 
residence of the President that is designated or identified to be 
secured by the United States Secret Service, and for direct and 
incremental financial losses incurred while such airports are closed 
solely due to the actions of the Federal Government:  
Provided, <<NOTE: Audit.>>  That no funds shall be obligated or 
distributed to airport sponsors that do not provide gateway operations 
and providers of general aviation ground support services until an 
independent audit is completed:  Provided further, That losses incurred 
as a result of violations of law, or through fault or negligence, of 
such operators and service providers or of third parties (including 
airports) are not eligible for reimbursements:  Provided further, That 
obligation and expenditure of funds are conditional upon full release of 
the United States Government for all claims for financial losses 
resulting from such actions.

    Sec. 119F.  None of the funds appropriated or otherwise made 
available to the FAA may be used to carry out the FAA's obligations 
under section 44502(e) of title 49, United States Code, unless the 
eligible air traffic system or equipment to be transferred to the FAA 
under section 44502(e) of title 49, United States Code, was purchased by 
the transferor airport--
            (1) <<NOTE: Time period.>>  during the period of time 
        beginning on October 5, 2018 and ending on December 31, 2021; or
            (2) <<NOTE: Effective date.>>  on or after January 1, 2022 
        for transferor airports located in a non-contiguous states.

                     Federal Highway Administration

                  limitation on administrative expenses

                          (highway trust fund)

                      (including transfer of funds)

    Not to exceed $463,716,697 together with advances and reimbursements 
received by the Federal Highway Administration, shall be obligated for 
necessary expenses for administration and operation of the Federal 
Highway Administration:  Provided, That in addition, $3,248,000 shall be 
transferred to the Appalachian Regional Commission in accordance with 
section 104(a) of title 23, United States Code.

[[Page 136 STAT. 698]]

                          federal-aid highways

                       (limitation on obligations)

                          (highway trust fund)

    Funds <<NOTE: 23 USC 104 note.>>  available for the implementation 
or execution of authorized Federal-aid highway and highway safety 
construction programs shall not exceed total obligations of 
$57,473,430,072 for fiscal year 2022.

                 (liquidation of contract authorization)

                          (highway trust fund)

    For the payment of obligations incurred in carrying out authorized 
Federal-aid highway and highway safety construction programs authorized 
under title 23, United States Code, $58,212,430,072 derived from the 
Highway Trust Fund (other than the Mass Transit Account), to remain 
available until expended.

                     highway infrastructure programs

                      (including transfer of funds)

    There is hereby appropriated to the Secretary $2,444,927,823:  
Provided, That the funds made available under this heading shall be 
derived from the general fund, shall be in addition to any funds 
provided for fiscal year 2022 in this or any other Act for: (1) 
``Federal-aid Highways'' under chapter 1 of title 23, United States 
Code; (2) the Appalachian Development Highway System as authorized under 
section 1069(y) of Public Law 102-240; or (3) the Northern Border 
Regional Commission (40 U.S.C. 15101 et seq.), and shall not affect the 
distribution or amount of funds provided in any other Act:  Provided 
further, <<NOTE: Applicability.>>  That, except for funds made available 
under this heading for the Northern Border Regional Commission, section 
11101(e) of Public Law 117-58 shall apply to funds made available under 
this heading:  Provided further, That unless otherwise specified, 
amounts made available under this heading shall be available until 
September 30, 2025, and shall not be subject to any limitation on 
obligations for Federal-aid highways or highway safety construction 
programs set forth in any Act making annual appropriations:  Provided 
further, That of the funds made available under this heading--
            (1) $846,927,823 shall be made available for the purposes, 
        and in the amounts, specified for Community Project Funding/
        Congressionally Directed Spending in the table entitled 
        ``Community Project Funding/Congressionally Directed Spending'' 
        included in the explanatory statement described in section 4 (in 
        the matter preceding division A of this consolidated Act);
            (2) $100,000,000 shall be for necessary expenses for 
        construction of the Appalachian Development Highway System as 
        authorized under section 1069(y) of Public Law 102-240;
            (3) $75,000,000 shall be for the nationally significant 
        Federal lands and Tribal projects program under section 1123 of 
        the FAST Act (23 U.S.C. 201 note);

[[Page 136 STAT. 699]]

            (4) $12,000,000 shall be for the regional infrastructure 
        accelerator demonstration program authorized under section 1441 
        of the FAST Act (23 U.S.C. 601 note);
            (5) $1,145,000,000 shall be for a bridge replacement and 
        rehabilitation program;
            (6) $6,000,000 shall be for the national scenic byways 
        program under section 162 of title 23, United States Code;
            (7) $10,000,000 shall be transferred to the Northern Border 
        Regional Commission (40 U.S.C. 15101 et seq.) to make grants, in 
        addition to amounts otherwise made available to the Northern 
        Border Regional Commission for such purpose, to carry out pilot 
        projects that demonstrate the capabilities of wood-based 
        infrastructure projects; and
            (8) $200,000,000 shall be for competitive awards for 
        activities eligible under section 176(d)(4)(A) of title 23, 
        United States Code, and $50,000,000 shall be for competitive 
        awards for activities eligible under section 176(d)(4)(C) of 
        title 23, United States Code:

  Provided further, <<NOTE: Apportionment.>>  That, except as otherwise 
provided under this heading, the funds made available under this 
heading, in paragraphs (1), (5), (6), and (8) of the fourth proviso, 
shall be administered as if apportioned under chapter 1 of title 23, 
United States Code:  Provided further, <<NOTE: Allocation.>>  That funds 
made available under this heading, in paragraph (1) of the fourth 
proviso, that are used for Tribal projects shall be administered as if 
allocated under chapter 2 of title 23, United States Code, except that 
the set-asides described in subparagraph (C) of section 202(b)(3) of 
title 23, United States Code, and subsections (a)(6), (c), and (e) of 
section 202 of such title, and section 1123(h)(1) of MAP-21 (as amended 
by Public Law 117-58), shall not apply to such funds:  Provided 
further, <<NOTE: Grants. Native Americans.>>  That not less than 50 
percent of the funds made available under this heading, in paragraph (3) 
of the fourth proviso, for the nationally significant Federal lands and 
tribal projects program under section 1123 of the FAST Act shall be for 
competitive grants to tribal governments:  Provided further, That for 
funds made available under this heading, in paragraph (4) of the fourth 
proviso, the Federal share of the costs shall be, at the option of the 
recipient, up to 100 percent:  Provided further, <<NOTE: Definitions.>>  
That, for the purposes of funds made available under this heading, in 
paragraph (5) of the fourth proviso, for a bridge replacement and 
rehabilitation program, (1) the term ``State'' means any of the 50 
States or the District of Columbia, and (2) the term ``qualifying 
State'' means any State in which the percentage of total deck area of 
bridges classified as in poor condition in such State is at least 5 
percent or in which the percentage of total bridges classified as in 
poor condition in such State is at least 5 percent:  Provided further, 
That, of the funds made available under this heading, in paragraph (5) 
of the fourth proviso, for a bridge replacement and rehabilitation 
program, the Secretary shall reserve $6,000,000 for each State that does 
not meet the definition of a qualifying State:  Provided 
further, <<NOTE: Distribution.>>  That, after making the reservations 
under the preceding proviso, the Secretary shall distribute the 
remaining funds made available under this heading, in paragraph (5) of 
the fourth proviso, for a bridge replacement and rehabilitation program 
to each qualifying State by the proportion that the percentage of total 
deck area of bridges classified as in poor condition in such qualifying 
State bears to the sum of the percentages of total deck area of

[[Page 136 STAT. 700]]

bridges classified as in poor condition in all qualifying States:  
Provided further, That, of the funds made available under this heading, 
in paragraph (5) of the fourth proviso, for the bridge replacement and 
rehabilitation program:
            (1) no qualifying State shall receive more than $40,000,000;
            (2) each State shall receive an amount not less than 
        $6,000,000; and
            (3) after calculating the distribution of funds pursuant to 
        the preceding proviso, any amount in excess of $40,000,000 shall 
        be redistributed equally among each State that does not meet the 
        definition of a qualifying State:

  Provided further, That the funds made available under this heading, in 
paragraph (5) of the fourth proviso, for a bridge replacement and 
rehabilitation program shall be used for highway bridge replacement or 
rehabilitation projects on public roads: <<NOTE: Calculation.>>   
Provided further, That for purposes of this heading for the bridge 
replacement and rehabilitation program, the Secretary shall calculate 
the percentages of total deck area of bridges (including the percentages 
of total deck area classified as in poor condition) and the percentages 
of total bridge counts (including the percentages of total bridges 
classified as in poor condition) based on the National Bridge Inventory 
as of December 31, 2018:  Provided further, <<NOTE: Definition.>>  That 
for the purposes of funds made available under this heading, in 
paragraph (2) of the fourth proviso, for construction of the Appalachian 
Development Highway System, the term ``Appalachian State'' means a State 
that contains 1 or more counties (including any political subdivision 
located within the area) in the Appalachian region as defined in section 
14102(a) of title 40, United States Code:  Provided further, That funds 
made available under this heading for construction of the Appalachian 
Development Highway System shall remain available until expended:  
Provided further, That, except as provided in the following proviso, 
funds made available under this heading for construction of the 
Appalachian Development Highway System shall be administered as if 
apportioned under chapter 1 of title 23, United States Code:  Provided 
further, That a project carried out with funds made available under this 
heading for construction of the Appalachian Development Highway System 
shall be carried out in the same manner as a project under section 14501 
of title 40, United States Code:  Provided 
further, <<NOTE: Apportionments.>>  That subject to the following 
proviso, funds made available under this heading for construction of the 
Appalachian Development Highway System shall be apportioned to 
Appalachian States according to the percentages derived from the 2012 
Appalachian Development Highway System Cost-to-Complete Estimate, 
adopted in Appalachian Regional Commission Resolution Number 736, and 
confirmed as each Appalachian State's relative share of the estimated 
remaining need to complete the Appalachian Development Highway System, 
adjusted to exclude those corridors that such States have no current 
plans to complete, as reported in the 2013 Appalachian Development 
Highway System Completion Report, unless those States have modified and 
assigned a higher priority for completion of an Appalachian Development 
Highway System corridor, as reported in the 2020 Appalachian Development 
Highway System Future Outlook:  Provided further, That the Secretary 
shall adjust apportionments made under the preceding proviso so that no 
Appalachian State shall be apportioned an amount in excess of 30 percent 
of the amount made available for construction of the Appalachian 
Development

[[Page 136 STAT. 701]]

Highway System under this heading:  Provided 
further, <<NOTE: Consultation.>>  That the Secretary shall consult with 
the Appalachian Regional Commission in making adjustments under the 
preceding two provisos:  Provided further, That the Federal share of the 
costs for which an expenditure is made for construction of the 
Appalachian Development Highway System under this heading shall be up to 
100 percent:  Provided further, That a grant made with funds made 
available under this heading, in paragraph (7) of the fourth proviso, 
shall be administered in the same manner as a grant made under subtitle 
V of title 40, United States Code:  Provided further, That, except as 
otherwise provided under this heading, funds made available under this 
heading, in paragraph (8) of the fourth proviso, for competitive awards 
for activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of 
title 23, United States Code, shall be administered as if made available 
to carry out section 176(d) of such title:  Provided further, That, 
for <<NOTE: Applicability.>>  purposes of the calculation under section 
176(d)(5)(G)(ii) of title 23, United States Code, amounts made available 
under this heading for competitive awards for activities eligible under 
sections 176(d)(4)(A) and 176(d)(4)(C) of such title shall be included 
in the calculation of the total amount provided for fiscal year 2022 
under section 176(d) of such title:  Provided further, That for purposes 
of applying the set-asides under section 176(d)(5)(H)(ii) and (iii) of 
title 23, United States Code, amounts made available under this heading 
for competitive awards for activities eligible under sections 
176(d)(4)(A) and 176(d)(4)(C) of such title shall be included in the 
calculation of the amounts made available to carry out section 176(d) of 
such title for fiscal year 2022:  Provided further, That, the Secretary 
may retain not more than a total of 5 percent of the amounts made 
available under this heading for competitive awards for activities 
eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of such title to 
carry out paragraph (8) of the fourth proviso and to review applications 
for grants under paragraph (8) of the fourth proviso, and may transfer 
portions of the funds retained under this proviso to the relevant 
Administrators to fund the award and oversight of grants provided under 
paragraph (8) of the fourth proviso:  Provided further, That a project 
assisted with funds made available under this heading for competitive 
awards for activities eligible under sections 176(d)(4)(A) or 
176(d)(4)(C) of title 23, United States Code, shall be treated as a 
project on a Federal-aid highway.

        administrative provisions--federal highway administration

    Sec. 120. <<NOTE: 23 USC 104 note.>>  (a) For fiscal year 2022, the 
Secretary of Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways--
                    (A) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code; and
                    (B) amounts authorized for the Bureau of 
                Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts--

[[Page 136 STAT. 702]]

                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years the funds for which are allocated 
                by the Secretary (or apportioned by the Secretary under 
                sections 202 or 204 of title 23, United States Code); 
                and
                    (B) for which obligation limitation was provided in 
                a previous fiscal year;
            (3) <<NOTE: Determination.>>  determine the proportion 
        that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2) of this subsection; bears 
                to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs (other than sums authorized 
                to be appropriated for provisions of law described in 
                paragraphs (1) through (11) of subsection (b) and sums 
                authorized to be appropriated for section 119 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(12) for such fiscal year), less the 
                aggregate of the amounts not distributed under 
                paragraphs (1) and (2) of this subsection;
            (4) <<NOTE: Distribution. Applicability.>>  distribute the 
        obligation limitation for Federal-aid highways, less the 
        aggregate amounts not distributed under paragraphs (1) and (2), 
        for each of the programs (other than programs to which paragraph 
        (1) applies) that are allocated by the Secretary under 
        authorized Federal-aid highway and highway safety construction 
        programs, or apportioned by the Secretary under sections 202 or 
        204 of title 23, United States Code, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for such fiscal year; and
            (5) <<NOTE: Distribution.>>  distribute the obligation 
        limitation for Federal-aid highways, less the aggregate amounts 
        not distributed under paragraphs (1) and (2) and the amounts 
        distributed under paragraph (4), for Federal-aid highway and 
        highway safety construction programs that are apportioned by the 
        Secretary under title 23, United States Code (other than the 
        amounts apportioned for the National Highway Performance Program 
        in section 119 of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(12) and the amounts 
        apportioned under sections 202 and 204 of that title) in the 
        proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for such fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned under 
                title 23, United States Code, to all States for such 
                fiscal year.

    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations under 
or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance Act 
        of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

[[Page 136 STAT. 703]]

            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) <<NOTE: Time period.>>  section 105 of title 23, United 
        States Code (as in effect for fiscal years 1998 through 2004, 
        but only in an amount equal to $639,000,000 for each of those 
        fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity Act 
        for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) <<NOTE: Time period.>>  section 105 of title 23, United 
        States Code (as in effect for fiscal years 2005 through 2012, 
        but only in an amount equal to $639,000,000 for each of those 
        fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation; and
            (12) <<NOTE: Time period.>>  section 119 of title 23, United 
        States Code (but, for each of fiscal years 2013 through 2022, 
        only in an amount equal to $639,000,000).

    (c) <<NOTE: Effective date.>>  Redistribution of Unused Obligation 
Authority.--Notwithstanding subsection (a), the Secretary shall, after 
August 1 of such fiscal year--
            (1) <<NOTE: Revision.>>  revise a distribution of the 
        obligation limitation made available under subsection (a) if an 
        amount distributed cannot be obligated during that fiscal year; 
        and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment of 
        Public Law 112-141) and 104 of title 23, United States Code.

    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), the 
        obligation limitation for Federal-aid highways shall apply to 
        contract authority for transportation research programs carried 
        out under--
                    (A) chapter 5 of title 23, United States Code;
                    (B) title VI of the Fixing America's Surface 
                Transportation Act; and
                    (C) title III of division A of the Infrastructure 
                Investment and Jobs Act (Public Law 117-58).
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--

[[Page 136 STAT. 704]]

                    (A) <<NOTE: Time period.>>  remain available for a 
                period of 4 fiscal years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.

    (e) Redistribution of Certain Authorized Funds.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 30 days 
        after the date of distribution of obligation limitation under 
        subsection (a), the Secretary shall distribute to the States any 
        funds (excluding funds authorized for the program under section 
        202 of title 23, United States Code) that--
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highway programs; and
                    (B) <<NOTE: Determination.>>  the Secretary 
                determines will not be allocated to the States (or will 
                not be apportioned to the States under section 204 of 
                title 23, United States Code), and will not be available 
                for obligation, for such fiscal year because of the 
                imposition of any obligation limitation for such fiscal 
                year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (a)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

    Sec. 121.  <<NOTE: Reimbursement.>>  Notwithstanding 31 U.S.C. 3302, 
funds received by the Bureau of Transportation Statistics from the sale 
of data products, for necessary expenses incurred pursuant to chapter 63 
of title 49, United States Code, may be credited to the Federal-aid 
highways account for the purpose of reimbursing the Bureau for such 
expenses:  Provided, That such funds shall be subject to the obligation 
limitation for Federal-aid highway and highway safety construction 
programs.

    Sec. 122.  <<NOTE: Deadline. Waivers. Public information. Notice. 23 
USC 313 note.>>  Not less than 15 days prior to waiving, under his or 
her statutory authority, any Buy America requirement for Federal-aid 
highways projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor:  Provided, That 
the <<NOTE: Reports.>>  Secretary shall provide an annual report to the 
House and Senate Committees on Appropriations on any waivers granted 
under the Buy America requirements.

    Sec. 123.  <<NOTE: Grants. Deadlines. Notification. Evaluation.>>  
None of the funds made available in this Act may be used to make a grant 
for a project under section 117 of title 23, United States Code, unless 
the Secretary, at least 60 days before making a grant under that 
section, provides written notification to the House and Senate 
Committees on Appropriations of the proposed grant, including an 
evaluation and justification for the project and the amount of the 
proposed grant award:  Provided, That the written notification required 
in the preceding proviso shall be made not later than 180 days after the 
date of enactment of this Act.

    Sec. 124. (a) A State or territory, as defined in section 165 of 
title 23, United States Code, may use for any project eligible under 
section 133(b) of title 23 or section 165 of title 23 and located within 
the boundary of the State or territory any earmarked amount, and any 
associated obligation limitation:  
Provided, <<NOTE: Notification. Reports.>>  That the Department of 
Transportation for the State or territory for

[[Page 136 STAT. 705]]

which the earmarked amount was originally designated or directed 
notifies the Secretary of its intent to use its authority under this 
section and submits an annual report to the Secretary identifying the 
projects to which the funding would be applied. <<NOTE: Time period.>>  
Notwithstanding the original period of availability of funds to be 
obligated under this section, such funds and associated obligation 
limitation shall remain available for obligation for a period of 3 
fiscal years after the fiscal year in which the Secretary is notified. 
The Federal share of the cost of a project carried out with funds made 
available under this section shall be the same as associated with the 
earmark.

    (b) <<NOTE: Definition. Time period.>>  In this section, the term 
``earmarked amount'' means--
            (1) congressionally directed spending, as defined in rule 
        XLIV of the Standing Rules of the Senate, identified in a prior 
        law, report, or joint explanatory statement, which was 
        authorized to be appropriated or appropriated more than 10 
        fiscal years prior to the current fiscal year, and administered 
        by the Federal Highway Administration; or
            (2) a congressional earmark, as defined in rule XXI of the 
        Rules of the House of Representatives, identified in a prior 
        law, report, or joint explanatory statement, which was 
        authorized to be appropriated or appropriated more than 10 
        fiscal years prior to the current fiscal year, and administered 
        by the Federal Highway Administration.

    (c) <<NOTE: Time period. Applicability. Certifications.>>  The 
authority under subsection (a) may be exercised only for those projects 
or activities that have obligated less than 10 percent of the amount 
made available for obligation as of October 1 of the current fiscal 
year, and shall be applied to projects within the same general 
geographic area within 25 miles for which the funding was designated, 
except that a State or territory may apply such authority to unexpended 
balances of funds from projects or activities the State or territory 
certifies have been closed and for which payments have been made under a 
final voucher.

    (d) <<NOTE: Reports.>>  The Secretary shall submit consolidated 
reports of the information provided by the States and territories 
annually to the House and Senate Committees on Appropriations.

    Sec. 125.  <<NOTE: Adjudication. Waivers.>>  Until final guidance is 
published, the Administrator of the Federal Highway Administration shall 
adjudicate requests for Buy America waivers under the criteria that were 
in effect prior to April 17, 2018.

               Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, execution 
and administration of motor carrier safety operations and programs 
pursuant to section 31110 of title 49, United States Code, as amended by 
the Infrastructure Investment and Jobs Act (Public Law 117-58), 
$360,000,000, to be derived from the Highway Trust Fund (other than the 
Mass Transit Account), together with advances and reimbursements 
received by the Federal Motor Carrier Safety Administration, the sum of 
which shall remain available

[[Page 136 STAT. 706]]

until expended:  Provided, That funds available for implementation, 
execution, or administration of motor carrier safety operations and 
programs authorized under title 49, United States Code, shall not exceed 
total obligations of $360,000,000, for ``Motor Carrier Safety Operations 
and Programs'' for fiscal year 2022, of which $14,073,000, to remain 
available for obligation until September 30, 2024, is for the research 
and technology program, and of which not less than $41,277,000, to 
remain available for obligation until September 30, 2024, is for 
development, modernization, enhancement, continued operation, and 
maintenance of information technology and information management.

                       motor carrier safety grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out sections 31102, 
31103, 31104, and 31313 of title 49, United States Code, as amended by 
the Infrastructure Investment and Jobs Act (Public Law 117-58), 
$496,000,000, to be derived from the Highway Trust Fund (other than the 
Mass Transit Account) and to remain available until expended:  Provided, 
That funds available for the implementation or execution of motor 
carrier safety programs shall not exceed total obligations of 
$496,000,000 in fiscal year 2022 for ``Motor Carrier Safety Grants'':  
Provided further, That of the sums appropriated under this heading:
            (1) $390,500,000, to remain available for obligation until 
        September 30, 2023, shall be available for the motor carrier 
        safety assistance program;
            (2) $41,800,000, to remain available for obligation until 
        September 30, 2023, shall be available for the commercial 
        driver's license program implementation program;
            (3) $57,600,000, to remain available for obligation until 
        September 30, 2023, shall be available for the high priority 
        activities program (other than the commercial motor vehicle 
        enforcement training and support grant program);
            (4) $1,100,000, to remain available for obligation until 
        September 30, 2023, shall be available for the commercial motor 
        vehicle operators grant program; and
            (5) $5,000,000, to remain available for obligation until 
        September 30, 2023, shall be available for the commercial motor 
        vehicle enforcement training and support grant program.

 administrative provisions--federal motor carrier safety administration

    Sec. 130.  <<NOTE: Notice. Mail.>>  The Federal Motor Carrier Safety 
Administration shall send notice of section 385.308 of title 49, Code of 
Federal Regulations, violations by certified mail, registered mail, or 
another manner of delivery, which records the receipt of the notice by 
the persons responsible for the violations.

    Sec. 131.  <<NOTE: Update. Regulations. 49 USC 31142 note.>>  The 
Federal Motor Carrier Safety Administration shall update annual 
inspection regulations under Appendix G to

[[Page 136 STAT. 707]]

subchapter B of chapter III of title 49, Code of Federal Regulations, as 
recommended by GAO-19-264.

    Sec. 132.  None of the funds appropriated or otherwise made 
available to the Department of Transportation by this Act or any other 
Act may be obligated or expended to implement, administer, or enforce 
the requirements of section 31137 of title 49, United States Code, or 
any regulation issued by the Secretary pursuant to such section, with 
respect to the use of electronic logging devices by operators of 
commercial motor vehicles, as defined in section 31132(1) of such title, 
transporting livestock as defined in section 602 of the Emergency 
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.

             National Highway Traffic Safety Administration

                         operations and research

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety authorized under chapter 301 
and part C of subtitle VI of title 49, United States Code, $200,000,000, 
to remain available through September 30, 2023.

                         operations and research

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of section 403 of title 23, United States Code, including behavioral 
research on Automated Driving Systems and Advanced Driver Assistance 
Systems and improving consumer responses to safety recalls, section 
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-58), 
and chapter 303 of title 49, United States Code, $192,800,000, to be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended:  Provided, That none of 
the funds in this Act shall be available for the planning or execution 
of programs the total obligations for which, in fiscal year 2022, are in 
excess of $192,800,000:  Provided further, That of the sums appropriated 
under this heading--
            (1) $186,000,000 shall be for programs authorized under 
        section 403 of title 23, United States Code, including 
        behavioral research on Automated Driving Systems and Advanced 
        Driver Assistance Systems and improving consumer responses to 
        safety recalls, and section 25024 of the Infrastructure 
        Investment and Jobs Act (Public Law 117-58); and
            (2) $6,800,000 shall be for the National Driver Register 
        authorized under chapter 303 of title 49, United States Code:

  Provided further, That within the $192,800,000 obligation limitation 
for operations and research, $20,000,000 shall remain available until 
September 30, 2023, and up to $7,000,000, for mobility research on older 
drivers, shall remain available until expended, and shall be in addition 
to the amount of any limitation imposed on obligations for future years: 
 Provided further, That amounts

[[Page 136 STAT. 708]]

for behavioral research on Automated Driving Systems and Advanced Driver 
Assistance Systems and improving consumer responses to safety recalls 
are in addition to any other funds provided for those purposes for 
fiscal year 2022 in this Act.

                      highway traffic safety grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out provisions of 
sections 402, 404, and 405 of title 23, United States Code, and grant 
administration expenses under chapter 4 of title 23, United States Code, 
to remain available until expended, $774,300,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Account):  Provided, 
That none of the funds in this Act shall be available for the planning 
or execution of programs for which the total obligations in fiscal year 
2022 are in excess of $774,300,000 for programs authorized under 
sections 402, 404, and 405 of title 23, United States Code, and grant 
administration expenses under chapter 4 of title 23, United States Code: 
 Provided further, That of the sums appropriated under this heading--
            (1) $363,400,000 shall be for ``Highway Safety Programs'' 
        under section 402 of title 23, United States Code;
            (2) $336,500,000 shall be for ``National Priority Safety 
        Programs'' under section 405 of title 23, United States Code;
            (3) $36,400,000 shall be for the ``High Visibility 
        Enforcement Program'' under section 404 of title 23, United 
        States Code; and
            (4) $38,000,000 shall be for grant administrative expenses 
        under chapter 4 of title 23, United States Code:

  Provided further, That none of these funds shall be used for 
construction, rehabilitation, or remodeling costs, or for office 
furnishings and fixtures for State, local or private buildings or 
structures:  Provided further, That not to exceed $500,000 of the funds 
made available for ``National Priority Safety Programs'' under section 
405 of title 23, United States Code, for ``Impaired Driving 
Countermeasures'' (as described in subsection (d) of that section) shall 
be available for technical assistance to the States:  Provided further, 
That with respect to the ``Transfers'' provision under section 405(a)(8) 
of title 23, United States Code, any amounts transferred to increase the 
amounts made available under section 402 shall include the obligation 
authority for such amounts:  Provided further, That 
the <<NOTE: Notification. Deadline.>>  Administrator shall notify the 
House and Senate Committees on Appropriations of any exercise of the 
authority granted under the preceding proviso or under section 405(a)(8) 
of title 23, United States Code, within 5 days.

       administrative provisions--national highway traffic safety 
                             administration

    Sec. 140.  An additional $130,000 shall be made available to the 
National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code,

[[Page 136 STAT. 709]]

to pay for travel and related expenses for State management reviews and 
to pay for core competency development training and related expenses for 
highway safety staff.
    Sec. 141.  The limitations on obligations for the programs of the 
National Highway Traffic Safety Administration set in this Act shall not 
apply to obligations for which obligation authority was made available 
in previous public laws but only to the extent that the obligation 
authority has not lapsed or been used.
    Sec. 142.  None of the funds in this Act or any other Act shall be 
used to enforce the requirements of section 405(a)(9) of title 23, 
United States Code.

                     Federal Railroad Administration

                          safety and operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $240,757,000, of which $25,000,000 shall remain 
available until expended.

                    railroad research and development

    For necessary expenses for railroad research and development, 
$43,000,000, to remain available until expended:  Provided, That of the 
amounts provided under this heading, up to $2,100,000 shall be available 
pursuant to section 20108(d) of title 49, United States Code, for the 
construction, alteration, and repair of buildings and improvements at 
the Transportation Technology Center.

         federal-state partnership for intercity passenger rail

    For necessary expenses related to Federal-State Partnership for 
Intercity Passenger Rail grants as authorized by section 24911 of title 
49, United States Code, $100,000,000, to remain available until 
expended:  Provided, That the Secretary may withhold up to 2 percent of 
the amount provided under this heading in this Act for the costs of 
award and project management oversight of grants carried out under title 
49, United States Code.

        consolidated rail infrastructure and safety improvements

                      (including transfer of funds)

    For necessary expenses related to Consolidated Rail Infrastructure 
and Safety Improvements grants, as authorized by section 22907 of title 
49, United States Code, $625,000,000, to remain available until 
expended:  Provided, That of the amounts made available under this 
heading in this Act--
            (1) not less than $150,000,000 shall be for projects 
        eligible under section 22907(c)(2) of title 49, United States 
        Code, that support the development of new intercity passenger 
        rail service routes including alignments for existing routes;
            (2) not less than $25,000,000 shall be for projects eligible 
        under section 22907(c)(11) of title 49, United States Code:  
        Provided, That for amounts made available in this paragraph, the 
        Secretary shall give preference to projects that are located in 
        counties with the most pedestrian trespasser casualties;

[[Page 136 STAT. 710]]

            (3) $120,860,000 shall be made available for the purposes, 
        and in amounts, specified for Community Project Funding/
        Congressionally Directed Spending in the table entitled 
        ``Community Project Funding/Congressionally Directed Spending'' 
        included in the explanatory statement described in section 4 (in 
        the matter preceding division A of this consolidated Act):  
        Provided, <<NOTE: Distribution.>>  That any remaining funds 
        available after the distribution of the Community Project 
        Funding/Congressionally Directed Spending described in this 
        paragraph shall be available to the Secretary to distribute as 
        discretionary grants under this heading:  Provided further, That 
        requirements under subsections (g) and (l) of section 22907 of 
        title 49, United States Code, shall not apply to this paragraph 
        (3); and
            (4) not more than $5,000,000 shall be for preconstruction 
        planning activities and capital costs related to the deployment 
        of magnetic levitation transportation projects:

  Provided further, That section 22905(f) of title 49, United States 
Code, shall not apply to amounts made available under this heading in 
this Act for projects that implement or sustain positive train control 
systems otherwise eligible under section 22907(c)(1) of title 49, United 
States Code:  Provided further, That amounts made available under this 
heading in this Act for projects selected for commuter rail passenger 
transportation may be transferred by the Secretary, after selection, to 
the appropriate agencies to be administered in accordance with chapter 
53 of title 49, United States Code:  Provided further, That for amounts 
made available under this heading in this Act, eligible recipients under 
section 22907(b)(7) of title 49, United States Code, shall include any 
holding company of a Class II railroad or Class III railroad (as those 
terms are defined in section 20102 of title 49, United States Code):  
Provided further, That section 22907(e)(1)(A) of title 49, United States 
Code, shall not apply to amounts made available under this heading in 
this Act:  Provided further, That section 22907(e)(1)(A) of title 49, 
United States Code, shall not apply to amounts made available under this 
heading in previous fiscal years if such funds are announced in a notice 
of funding opportunity that includes funds made available under this 
heading in this Act:  Provided further, That the preceding proviso shall 
not apply to funds made available under this heading in the 
Infrastructure Investment and Jobs Act (division J of Public Law 117-
58):  Provided further, That unobligated balances remaining after 6 
years from the date of enactment of this Act may be used for any 
eligible project under section 22907(c) of title 49, United States Code: 
 Provided further, That the Secretary may withhold up to 2 percent of 
the amounts made available under this heading in this Act for the costs 
of award and project management oversight of grants carried out under 
title 49, United States Code.

northeast corridor grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for activities associated with 
the Northeast Corridor as authorized by section 22101(a) of the 
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $874,501,000, to remain available until expended:  Provided, That 
the Secretary may retain up to one-half of 1 percent

[[Page 136 STAT. 711]]

of the funds provided under both this heading in this Act and the 
``National Network Grants to the National Railroad Passenger 
Corporation'' heading in this Act to fund the costs of project 
management and oversight of activities authorized by section 22101(c) of 
the Infrastructure Investment and Jobs Act (division B of Public Law 
117-58):  Provided further, That in addition to the project management 
oversight funds authorized under section 22101(c) of the Infrastructure 
Investment and Jobs Act (division B of Public Law 117-58), the Secretary 
may retain up to an additional $1,000,000 of the funds provided under 
this heading in this Act to fund expenses associated with the Northeast 
Corridor Commission established under section 24905 of title 49, United 
States Code.

 national network grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for activities associated with 
the National Network as authorized by section 22101(b) of the 
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $1,456,870,000, to remain available until expended:  Provided, That 
at least $50,000,000 of the amount provided under this heading in this 
Act shall be available for the development, installation and operation 
of railroad safety improvements, including the implementation of a 
positive train control system, on State-supported routes as defined 
under section 24102(13) of title 49, United States Code, on which 
positive train control systems are not required by law or regulation as 
identified on or before the date of enactment of this Act:  Provided 
further, That any unexpended balances from amounts provided under this 
heading in this Act and in prior fiscal years for the development, 
installation and operation of railroad safety technology on State-
supported routes on which positive train control systems are not 
required by law or regulation shall also be available for railroad 
safety improvements on State-supported routes as identified on or before 
the date of enactment of this Act:  Provided further, That none of the 
funds provided under this heading in this Act shall be used by Amtrak to 
give notice under subsection (a) or (c) of section 24706 of title 49, 
United States Code, with respect to long-distance routes (as defined in 
section 24102 of title 49, United States Code) on which Amtrak is the 
sole operator on a host railroad's line and a positive train control 
system is not required by law or regulation, or, except in an emergency 
or during maintenance or construction outages impacting such routes, to 
otherwise discontinue, reduce the frequency of, suspend, or 
substantially alter the route of rail service on any portion of such 
route operated in fiscal year 2018, including implementation of service 
permitted by section 24305(a)(3)(A) of title 49, United States Code, in 
lieu of rail service.

[[Page 136 STAT. 712]]

       administrative provisions--federal railroad administration

                         (including rescissions)

                      (including transfer of funds)

    Sec. 150.  <<NOTE: Amtrak. Time period.>>  None of the funds made 
available to the National Railroad Passenger Corporation may be used to 
fund any overtime costs in excess of $35,000 for any individual 
employee:  Provided, That the <<NOTE: Waiver 
authority. Determination.>>  President of Amtrak may waive the cap set 
in the preceding proviso for specific employees when the President of 
Amtrak determines such a cap poses a risk to the safety and operational 
efficiency of the system:  Provided 
further, <<NOTE: Reports. Summary.>>  That the President of Amtrak shall 
report to the House and Senate Committees on Appropriations no later 
than 60 days after the date of enactment of this Act, a summary of all 
overtime payments incurred by Amtrak for 2021 and the 3 prior calendar 
years:  Provided further, That such summary shall include the total 
number of employees that received waivers and the total overtime 
payments Amtrak paid to employees receiving waivers for each month for 
2021 and for the 3 prior calendar years.

    Sec. 151.  None of the funds made available by this Act may be used 
by the National Railroad Passenger Corporation in contravention of the 
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et 
seq.).
    Sec. 152.  The amounts made available to the Secretary or to the 
Federal Railroad Administration for the costs of award, administration, 
and project management oversight of financial assistance which are 
administered by the Federal Railroad Administration, in this and prior 
Acts, may be transferred to the Federal Railroad Administration's 
``Financial Assistance Oversight and Technical Assistance'' account for 
the necessary expenses to support the award, administration, project 
management oversight, and technical assistance of financial assistance 
administered by the Federal Railroad Administration, in the same manner 
as appropriated for in this and prior Acts:  Provided, That this section 
shall not apply to amounts that were previously designated by the 
Congress as an emergency requirement pursuant to a concurrent resolution 
on the budget or the Balanced Budget and Emergency Deficit Control Act 
of 1985.
    Sec. 153.  Of the unobligated balances of funds remaining from--
            (1) ``Railroad Safety Grants'' accounts totaling 
        $1,715,414.34 appropriated by the following public laws are 
        hereby permanently rescinded:
                    (A) Public Law 105-277 a total of $7,052.79 under 
                the heading ``Railroad Safety'';
                    (B) Public Law 113-235 a total of $190,265.91 from 
                section 153 under the heading ``Administrative 
                Provisions--Federal Railroad Administration''; and
                    (C) Public Law 114-113 a total of $1,518,095.64; and
            (2) ``Capital Assistance for High Speed Rail Corridors and 
        Intercity Passenger Rail Service'' account totaling 
        $13,327,006.39 appropriated by Public Law 111-117 is hereby 
        permanently rescinded.

[[Page 136 STAT. 713]]

    Sec. 154.  <<NOTE: Effective date.>>  None of the funds made 
available to the National Railroad Passenger Corporation under the 
headings ``Northeast Corridor Grants to the National Railroad Passenger 
Corporation'' and ``National Network Grants to the National Railroad 
Passenger Corporation'' may be used to reduce the total number of Amtrak 
Police Department uniformed officers patrolling on board passenger 
trains or at stations, facilities or rights-of-way below the staffing 
level on May 1, 2019.

    Sec. 155.  It is the sense of Congress that--
            (1) long-distance passenger rail routes provide much-needed 
        transportation access for 4,700,000 riders in 325 communities in 
        40 States and are particularly important in rural areas; and
            (2) long-distance passenger rail routes and services should 
        be sustained to ensure connectivity throughout the National 
        Network (as defined in section 24102 of title 49, United States 
        Code).

    Sec. 156.  <<NOTE: Effective date.>>  Amounts made available under 
the heading ``Department of Transportation--Federal Railroad 
Administration--Restoration and Enhancement'' in any prior fiscal years 
are subject to the requirements of section 22908 of title 49, United 
States Code, as in effect on the effective date of Public Law 117-58.

                     Federal Transit Administration

                         transit formula grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the Federal Public 
Transportation Assistance Program in this account, and for payment of 
obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, 
and 5340, as amended by the Infrastructure Investment and Jobs Act, 
section 20005(b) of Public Law 112-141, and section 3006(b) of the 
Fixing America's Surface Transportation Act, $13,355,000,000, to be 
derived from the Mass Transit Account of the Highway Trust Fund and to 
remain available until expended:  Provided, That funds available for the 
implementation or execution of programs authorized under 49 U.S.C. 5305, 
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, 
and 5340, as amended by the Infrastructure Investment and Jobs Act, 
section 20005(b) of Public Law 112-141, and section 3006(b) of the 
Fixing America's Surface Transportation Act, shall not exceed total 
obligations of $13,355,000,000 in fiscal year 2022.

                      transit infrastructure grants

    For an additional amount for buses and bus facilities grants under 
section 5339(b) of title 49, United States Code, low or no emission 
grants under section 5339(c) of such title, ferry boats grants under 
section 5307(h) of such title, bus testing facilities under section 5318 
of such title, grants to areas of persistent poverty, innovative 
mobility solutions grants under section 5312

[[Page 136 STAT. 714]]

of such title, accelerating innovative mobility initiative grants under 
section 5312 such title, accelerating the adoption of zero emission 
buses under section 5312 of such title, Community Project Funding/
Congressionally Directed Spending for projects and activities eligible 
under chapter 53 of such title, and ferry service for rural communities 
under section 71103 of division G of Public Law 117-58, $504,263,267, to 
remain available until expended:  Provided, That of the sums provided 
under this heading in this Act--
            (1) $175,000,000 shall be available for buses and bus 
        facilities competitive grants as authorized under section 
        5339(b) of such title;
            (2) $75,000,000 shall be available for the low or no 
        emission grants as authorized under section 5339(c) of such 
        title:  Provided, That the minimum grant award shall be not less 
        than $750,000;
            (3) $6,500,000 shall be available for ferry boat grants as 
        authorized under section 5307(h) of such title:  Provided, That 
        of the amounts provided under this paragraph, no less than 
        $3,250,000 shall be available for low or zero-emission ferries 
        or ferries using electric battery or fuel cell components and 
        the infrastructure to support such ferries;
            (4) $2,000,000 shall be available for the operation and 
        maintenance of the bus testing facilities selected under section 
        5318 of such title;
            (5) $1,000,000 shall be available for the demonstration and 
        deployment of innovative mobility solutions as authorized under 
        section 5312 of title 49, United States Code:  Provided, That 
        such amounts shall be available for competitive grants or 
        cooperative agreements for the development of software to 
        facilitate the provision of demand-response public 
        transportation service that dispatches public transportation 
        fleet vehicles through riders mobile devices or other advanced 
        means:  Provided further, That the Secretary shall evaluate the 
        potential for software developed with grants or cooperative 
        agreements to be shared for use by public transportation 
        agencies;
            (6) $1,000,000 shall be for the accelerating innovative 
        mobility initiative as authorized under section 5312 of title 
        49, United States Code:  Provided, That such amounts shall be 
        available for competitive grants to improve mobility and enhance 
        the rider experience with a focus on innovative service delivery 
        models, creative financing, novel partnerships, and integrated 
        payment solutions in order to help disseminate proven innovation 
        mobility practices throughout the public transportation 
        industry;
            (7) $20,000,000 shall be available for competitive grants to 
        eligible entities to assist areas of persistent poverty as 
        defined under section 6702(a)(1) of title 49, United States 
        Code, or historically disadvantaged communities:  Provided, That 
        grants shall be for planning, engineering, or development of 
        technical or financing plans for projects eligible under chapter 
        53 of title 49, United States Code:  Provided further, That 
        eligible entities are those defined as eligible recipients or 
        subrecipients under sections 5307, 5310 or 5311 of title 49, 
        United States Code, and are in areas of persistent poverty as 
        defined under section 6702(a)(1) of title 49, United States 
        Code, or historically disadvantaged communities:  Provided 
        further, That State departments of transportation may apply on 
        behalf of

[[Page 136 STAT. 715]]

        eligible entities within their States:  Provided further, That 
        the Federal Transit Administration should encourage grantees to 
        work with non-profits or other entities of their choosing in 
        order to develop planning, technical, engineering, or financing 
        plans:  Provided further, That the Federal Transit 
        Administration shall encourage grantees to partner with non-
        profits that can assist with making projects low or no 
        emissions:  Provided further, That projects funded under this 
        paragraph shall be for not less than 90 percent of the net total 
        project cost;
            (8) $10,000,000 shall be available to support technical 
        assistance, research, demonstration, or deployment activities or 
        projects to accelerate the adoption of zero emission buses in 
        public transit as authorized under section 5312 of title 49, 
        United States Code;
            (9) $200,798,267 shall be made available for the purposes, 
        and in amounts, specified for Community Project Funding/
        Congressionally Directed Spending in the table entitled 
        ``Community Project Funding/Congressionally Directed Spending'' 
        included in the explanatory statement described in section 4 (in 
        the matter preceding division A of this consolidated Act); and
            (10) $12,965,000 shall be available for ferry service for 
        rural communities under section 71103 of division G of Public 
        Law 117-58:  Provided, That for amounts made available in this 
        paragraph, notwithstanding section 71103(a)(2)(B), eligible 
        projects shall include passenger ferry service that serves at 
        least two rural areas with a single segment over 20 miles 
        between the two rural areas and is not otherwise eligible under 
        section 5307(h) of title 49, United States Code:

  Provided further, That amounts made available under this heading in 
this Act shall be derived from the general fund:  Provided further, That 
the amounts made available under this heading in this Act shall not be 
subject to any limitation on obligations for transit programs set forth 
in any Act.

                    technical assistance and training

    For necessary expenses to carry out section 5314 of title 49, United 
States Code, $7,500,000, to remain available until September 30, 2023:  
Provided, That the assistance provided under this heading does not 
duplicate the activities of section 5311(b) or section 5312 of title 49, 
United States Code.

                        capital investment grants

    For necessary expenses to carry out fixed guideway capital 
investment grants under section 5309 of title 49, United States Code, 
and section 3005(b) of the Fixing America's Surface Transportation Act 
(Public Law 114-94), $2,248,000,000, to remain available until expended: 
 Provided, That of the amounts made available under this heading in this 
Act, $1,459,020,000 shall be available for projects authorized under 
section 5309(d) of title 49, United States Code, $345,000,000 shall be 
available for projects authorized under section 5309(e) of title 49, 
United States Code, $321,500,000 shall be available for projects 
authorized under section 5309(h) of title 49, United States Code, and 
$100,000,000 shall be available for projects authorized under section 
3005(b) of the Fixing America's

[[Page 136 STAT. 716]]

Surface Transportation Act:  Provided further, <<NOTE: Continuation.>>  
That the Secretary shall continue to administer the capital investment 
grants program in accordance with the procedural and substantive 
requirements of section 5309 of title 49, United States Code, and of 
section 3005(b) of the Fixing America's Surface Transportation Act:  
Provided further, That projects that receive a grant agreement under the 
Expedited Project Delivery for Capital Investment Grants Pilot Program 
under section 3005(b) of the Fixing America's Surface Transportation Act 
shall be deemed eligible for funding provided for projects under section 
5309 of title 49, United States Code, without further evaluation or 
rating under such section:  Provided further, That such funding shall 
not exceed the Federal share under section 3005(b):  Provided further, 
That funds allocated pursuant to 49 U.S.C. 5309 to any project during 
fiscal years 2015, 2016, and 2017 shall remain allocated to that project 
through fiscal year 2023:  Provided further, <<NOTE: Reports.>>  That 
upon submission to the Congress of the fiscal year 2023 President's 
budget, the Secretary of Transportation shall transmit to Congress the 
annual report on capital investment grants, including proposed 
allocations for fiscal year 2023.

      grants to the washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as 
authorized under section 601 of division B of the Passenger Rail 
Investment and Improvement Act of 2008 (Public Law 110-432), as amended 
by the Infrastructure Investment and Jobs Act, $150,000,000, to remain 
available until expended:  Provided, That the Secretary of 
Transportation shall approve grants for capital and preventive 
maintenance expenditures for the Washington Metropolitan Area Transit 
Authority only after receiving and reviewing a request for each specific 
project:  Provided further, That the <<NOTE: Determination.>>  Secretary 
shall determine that the Washington Metropolitan Area Transit Authority 
has placed the highest priority on those investments that will improve 
the safety of the system before approving such grants.

        administrative provisions--federal transit administration

                         (including rescissions)

    Sec. 160.  The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 49 
U.S.C. 5338, previously made available for obligation, or to any other 
authority previously made available for obligation.
    Sec. 161.  Notwithstanding any other provision of law, funds 
appropriated or limited by this Act under the heading ``Capital 
Investment Grants'' of the Federal Transit Administration for projects 
specified in this Act or identified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act) not obligated by September 30, 2025, and other 
recoveries, shall be directed to projects eligible to use the funds for 
the purposes for which they were originally provided.
    Sec. 162.  <<NOTE: Transfer authority.>>  Notwithstanding any other 
provision of law, any funds appropriated before October 1, 2021, under 
any section of chapter 53 of title 49, United States Code, that remain 
available

[[Page 136 STAT. 717]]

for expenditure, may be transferred to and administered under the most 
recent appropriation heading for any such section.

    Sec. 163.  None of the funds made available by this Act or any other 
Act shall be used to adjust apportionments or withhold funds from 
apportionments pursuant to section 9503(e)(4) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9503(e)(4)).
    Sec. 164.  None of the funds made available by this Act or any other 
Act shall be used to impede or hinder project advancement or approval 
for any project seeking a Federal contribution from the capital 
investment grant program of greater than 40 percent of project costs as 
authorized under section 5309 of title 49, United States Code.
    Sec. 165.  Of the unobligated amounts made available for prior 
fiscal years to Formula Grants in Treasury Account 69-X-1129, a total of 
$6,734,356 are hereby permanently rescinded:  Provided, That no amounts 
may be rescinded from amounts that were designated by the Congress as an 
emergency or disaster relief requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    Sec. 166.  Any unexpended balances from amounts previously 
appropriated for low or no emission vehicle component assessment under 
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and 
``Transit Infrastructure Grants'' in fiscal years 2021 and 2022 may be 
used by the facilities selected for such vehicle component assessment 
for capital projects in order to build new infrastructure and enhance 
existing facilities in order to expand component testing capability, in 
accordance with the industry stakeholder testing objectives and 
capabilities as outlined through the work of the Federal Transit 
Administration Transit Vehicle Innovation and Deployment Centers program 
and included in the Center for Transportation and the Environment report 
submitted to the Federal Transit Administration for review.

         Great Lakes St. Lawrence Seaway Development Corporation

    The Great <<NOTE: Contracts.>>  Lakes St. Lawrence Seaway 
Development Corporation is hereby authorized to make such expenditures, 
within the limits of funds and borrowing authority available to the 
Corporation, and in accord with law, and to make such contracts and 
commitments without regard to fiscal year limitations, as provided by 
section 9104 of title 31, United States Code, as may be necessary in 
carrying out the programs set forth in the Corporation's budget for the 
current fiscal year.

                       operations and maintenance

                     (harbor maintenance trust fund)

    For necessary expenses to conduct the operations, maintenance, and 
capital infrastructure activities on portions of the St. Lawrence Seaway 
owned, operated, and maintained by the Great Lakes St. Lawrence Seaway 
Development Corporation, $38,000,000, to be derived from the Harbor 
Maintenance Trust Fund, pursuant to section 210 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238):  Provided, That of the amounts 
made available under this heading, not less than $14,500,000 shall be 
for the seaway infrastructure program:  Provided further, That not more 
than $1,500,000 of the unobligated balances from the amounts made

[[Page 136 STAT. 718]]

available for capital asset renewal activities under the heading ``Saint 
Lawrence Seaway Development Corporation--Operations and Maintenance'' in 
any prior Act shall be for activities pursuant to section 984(a)(12) of 
title 33, United States Code.

                         Maritime Administration

                        maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag merchant 
fleet as authorized under chapter 531 of title 46, United States Code, 
to serve the national security needs of the United States, $318,000,000, 
to remain available until expended.

                          cable security fleet

    For the cable security fleet program, as authorized under chapter 
532 of title 46, United States Code, $10,000,000, to remain available 
until expended.

                         tanker security program

    For the tanker security fleet program, as authorized under section 
53406 of title 46, United States Code, $60,000,000, to remain available 
until expended.

                         operations and training

    For necessary expenses of operations and training activities 
authorized by law, $172,204,000:  Provided, That of the amounts made 
available under this heading--
            (1) $85,032,000, to remain available until September 30, 
        2023, shall be for the operations of the United States Merchant 
        Marine Academy;
            (2) $5,500,000, to remain available until expended, shall be 
        for facilities maintenance and repair, and equipment, at the 
        United States Merchant Marine Academy;
            (3) $6,000,000, to remain available until September 30, 
        2023, shall be for the Maritime Environmental and Technical 
        Assistance program authorized under section 50307 of title 46, 
        United States Code; and
            (4) $14,819,000, to remain available until expended, shall 
        be for the America's Marine Highways Program to make grants for 
        the purposes authorized under paragraphs (1) and (3) of section 
        55601(b) of title 46, United States Code:

  Provided further, <<NOTE: Reports. Sexual assault and harassment.>>  
That the Administrator of the Maritime Administration shall transmit to 
the House and Senate Committees on Appropriations the annual report on 
sexual assault and sexual harassment at the United States Merchant 
Marine Academy as required pursuant to section 3510 of the National 
Defense Authorization Act for fiscal year 2017 (46 U.S.C. 51318):  
Provided further, That available balances under this heading for the 
Short Sea Transportation Program (now known as the America's Marine 
Highway Program) from prior year recoveries shall be available to carry 
out activities authorized under paragraphs (1) and (3) of section 
55601(b) of title 46, United States Code.

[[Page 136 STAT. 719]]

                    state maritime academy operations

    For necessary expenses of operations, support, and training 
activities for State Maritime Academies, $423,300,000:  Provided, That 
of the amounts made available under this heading--
            (1) $30,500,000, to remain available until expended, shall 
        be for maintenance, repair, life extension, insurance, and 
        capacity improvement of National Defense Reserve Fleet training 
        ships, and for support of training ship operations at the State 
        Maritime Academies, of which not more than $8,000,000, to remain 
        available until expended, shall be for expenses related to 
        training mariners; and for costs associated with training vessel 
        sharing pursuant to section 51504(g)(3) of title 46, United 
        States Code, for costs associated with mobilizing, operating and 
        demobilizing the vessel, including travel costs for students, 
        faculty and crew, the costs of the general agent, crew costs, 
        fuel, insurance, operational fees, and vessel hire costs, as 
        determined by the Secretary;
            (2) $380,600,000, to remain available until expended, shall 
        be for the National Security Multi-Mission Vessel Program, 
        including funds for construction, planning, administration, and 
        design of school ships;
            (3) $2,400,000, to remain available until September 30, 
        2026, shall be for the Student Incentive Program;
            (4) $3,800,000, to remain available until expended, shall be 
        for training ship fuel assistance; and
            (5) $6,000,000, to remain available until September 30, 
        2023, shall be for direct payments for State Maritime Academies.

                      assistance to small shipyards

    To make grants to qualified shipyards as authorized under section 
54101 of title 46, United States Code, $20,000,000, to remain available 
until expended.

                              ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$10,000,000, to remain available until expended.

           maritime guaranteed loan (title xi) program account

                      (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan 
program, $3,000,000, which shall be transferred to and merged with the 
appropriations for ``Maritime Administration--Operations and Training''.

                 port infrastructure development program

    To make grants to improve port facilities as authorized under 
section 54301 of title 46, United States Code, $234,310,000, to remain 
available until expended:  Provided, That projects eligible for amounts 
made available under this heading in this Act shall be projects for 
coastal seaports, inland river ports, or Great Lakes

[[Page 136 STAT. 720]]

ports:  Provided further, That of the amounts made available under this 
heading in this Act, not less than $209,310,000 shall be for coastal 
seaports or Great Lakes ports:  Provided 
further, <<NOTE: Applicability.>>  That the requirements under section 
3501(a)(12) of the National Defense Authorization Act for Fiscal Year 
2022 (Public Law 117-81) shall apply to amounts made available under 
this heading in this Act:  Provided further, That for grants awarded 
under this heading in this Act, the minimum grant size shall be 
$1,000,000:  Provided further, That for amounts made available under 
this heading in this Act, the requirement under section 
54301(a)(6)(A)(ii) of title 46, United States Code, shall not apply to 
projects located in noncontiguous states or territories.

            administrative provision--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, in 
addition to any existing authority, the Maritime Administration is 
authorized to furnish utilities and services and make necessary repairs 
in connection with any lease, contract, or occupancy involving 
Government property under control of the Maritime Administration:  
Provided, That payments received therefor shall be credited to the 
appropriation charged with the cost thereof and shall remain available 
until expended:  Provided further, That rental payments under any such 
lease, contract, or occupancy for items other than such utilities, 
services, or repairs shall be deposited into the Treasury as 
miscellaneous receipts.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $29,100,000, of which $4,500,000 shall 
remain available until September 30, 2024:  
Provided, <<NOTE: Regulations. Deadline. 49 USC 60102 note.>>  That the 
Secretary of Transportation shall issue a final rule on automatic and 
remote-controlled shut-off valves and hazardous liquid pipeline 
facilities leak detection systems as required under section 4 and 
section 8 of the Pipeline Safety, Regulatory Certainty, and Job Creation 
Act of 2011 (Public Law 112-90), respectively, not later than 120 days 
after the date of enactment of this Act:  Provided further, <<NOTE: Late 
penalties.>>  That the amounts made available under this heading shall 
be reduced by $5,000 per day for each day that such rule has not been 
issued following the expiration of the deadline set forth in the 
preceding proviso.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety Administration, 
$66,829,000, of which $12,070,000 shall remain available until September 
30, 2024, of which $1,000,000 shall be made available for carrying out 
section 5107(i) of title 49, United States Code:  Provided, That up to 
$800,000 in fees collected under section 5108(g) of title 49, United 
States Code, shall be deposited in the general fund of the Treasury as 
offsetting receipts:  Provided further, That there may be credited to 
this appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for

[[Page 136 STAT. 721]]

expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.

                             pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to carry out a pipeline safety program, as 
authorized by section 60107 of title 49, United States Code, and to 
discharge the pipeline program responsibilities of the Oil Pollution Act 
of 1990 (Public Law 101-380), $182,650,000, to remain available until 
September 30, 2024, of which $27,650,000 shall be derived from the Oil 
Spill Liability Trust Fund; of which $146,600,000 shall be derived from 
the Pipeline Safety Fund; of which $400,000 shall be derived from the 
fees collected under section 60303 of title 49, United States Code, and 
deposited in the Liquefied Natural Gas Siting Account for compliance 
reviews of liquefied natural gas facilities; and of which $8,000,000 
shall be derived from fees collected under section 60302 of title 49, 
United States Code, and deposited in the Underground Natural Gas Storage 
Facility Safety Account for the purpose of carrying out section 60141 of 
title 49, United States Code:  Provided, That not less than $1,058,000 
of the amounts made available under this heading shall be for the One-
Call State grant program:  Provided 
further, <<NOTE: Requirement. Notification. Deadline.>>  That any 
amounts made available under this heading in this Act or in prior Acts 
for research contracts, grants, cooperative agreements or research other 
transactions agreements (``OTAs'') shall require written notification to 
the House and Senate Committees on Appropriations not less than 3 full 
business days before such research contracts, grants, cooperative 
agreements, or research OTAs are announced by the Department of 
Transportation:  Provided further, <<NOTE: Reports.>>  That the 
Secretary shall transmit to the House and Senate Committees on 
Appropriations the report on pipeline safety testing enhancement as 
required pursuant to section 105 of the Protecting our Infrastructure of 
Pipelines and Enhancing Safety Act of 2020 (division R of Public Law 
116-260):  Provided further, That the Secretary <<NOTE: Research 
plan. Approval.>>  may obligate amounts made available under this 
heading to engineer, erect, alter, and repair buildings or make any 
other public improvements for research facilities at the Transportation 
Technology Center after the Secretary submits an updated research plan 
and the report in the preceding proviso to the House and Senate 
Committees on Appropriations and after such plan and report in the 
preceding proviso are approved by the House and Senate Committees on 
Appropriations.

                      emergency preparedness grants

                       (limitation on obligations)

                      (emergency preparedness fund)

    For expenses necessary to carry out the Emergency Preparedness 
Grants program, not more than $28,318,000 shall remain available until 
September 30, 2024, from amounts made available by section 5116(h) and 
subsections (b) and (c) of section 5128

[[Page 136 STAT. 722]]

of title 49, United States Code:  Provided, That notwithstanding section 
5116(h)(4) of title 49, United States Code, not more than 4 percent of 
the amounts made available from this account shall be available to pay 
the administrative costs of carrying out sections 5116, 5107(e), and 
5108(g)(2) of title 49, United States Code:  Provided further, That 
notwithstanding subsections (b) and (c) of section 5128 of title 49, 
United States Code, and the limitation on obligations provided under 
this heading, prior year recoveries recognized in the current year shall 
be available to develop and deliver hazardous materials emergency 
response training for emergency responders, including response 
activities for the transportation of crude oil, ethanol, flammable 
liquids, and other hazardous commodities by rail, consistent with 
National Fire Protection Association standards, and to make such 
training available through an electronic format:  Provided further, That 
the prior year recoveries made available under this heading shall also 
be available to carry out sections 5116(a)(1)(C), 5116(h), 5116(i), 
5116(j), and 5107(e) of title 49, United States Code.

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$103,150,000:  Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department of Transportation.

            General Provisions--Department of Transportation

    Sec. 180. (a) During the current fiscal year, applicable 
appropriations to the Department of Transportation shall be available 
for maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department business; 
and uniforms or allowances therefor, as authorized by sections 5901 and 
5902 of title 5, United States Code.
    (b) During the current fiscal year, applicable appropriations to the 
Department and its operating administrations shall be available for the 
purchase, maintenance, operation, and deployment of unmanned aircraft 
systems that advance the missions of the Department of Transportation or 
an operating administration of the Department of Transportation.
    (c) Any unmanned aircraft system purchased, procured, or contracted 
for by the Department prior to the date of enactment of this Act shall 
be deemed authorized by Congress as if this provision was in effect when 
the system was purchased, procured, or contracted for.
    Sec. 181.  Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 
section 3109 of title 5, United States Code, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for 
an Executive Level IV.

[[Page 136 STAT. 723]]

    Sec. 182. (a) No recipient of amounts made available by this Act 
shall disseminate personal information (as defined in section 2725(3) of 
title 18, United States Code) obtained by a State department of motor 
vehicles in connection with a motor vehicle record as defined in section 
2725(1) of title 18, United States Code, except as provided in section 
2721 of title 18, United States Code, for a use permitted under section 
2721 of title 18, United States Code.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold 
amounts made available by this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 183.  None of the funds made available by this Act shall be 
available for salaries and expenses of more than 125 political and 
Presidential appointees in the Department of Transportation:  Provided, 
That none of the personnel covered by this provision may be assigned on 
temporary detail outside the Department of Transportation.
    Sec. 184.  Funds received by the Federal Highway Administration and 
Federal Railroad Administration from States, counties, municipalities, 
other public authorities, and private sources for expenses incurred for 
training may be credited respectively to the Federal Highway 
Administration's ``Federal-Aid Highways'' account and to the Federal 
Railroad Administration's ``Safety and Operations'' account, except for 
State rail safety inspectors participating in training pursuant to 
section 20105 of title 49, United States Code.
    Sec. 185. 
<<NOTE: Loans. Contracts. Grants. Notification. Deadline.>>  None of the 
funds made available by this Act or in title VIII of division J of 
Public Law 117-58 to the Department of Transportation may be used to 
make a loan, loan guarantee, line of credit, letter of intent, federally 
funded cooperative agreement, full funding grant agreement, or 
discretionary grant unless the Secretary of Transportation notifies the 
House and Senate Committees on Appropriations not less than 3 full 
business days before any project competitively selected to receive any 
discretionary grant award, letter of intent, loan commitment, loan 
guarantee commitment, line of credit commitment, federally funded 
cooperative agreement, or full funding grant agreement is announced by 
the Department or its operating administrations:  
Provided, <<NOTE: List.>>  That the Secretary of Transportation shall 
provide the House and Senate Committees on Appropriations with a 
comprehensive list of all such loans, loan guarantees, lines of credit, 
letters of intent, federally funded cooperative agreements, full funding 
grant agreements, and discretionary grants prior to the notification 
required under the preceding proviso:  Provided 
further, <<NOTE: Notification.>>  That the Secretary gives concurrent 
notification to the House and Senate Committees on Appropriations for 
any ``quick release'' of funds from the emergency relief program:  
Provided further, That no notification shall involve funds that are not 
available for obligation.

    Sec. 186.  Rebates, refunds, incentive payments, minor fees, and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations of 
the Department of Transportation and allocated to organizational units 
of the Department of Transportation using fair and equitable criteria 
and such funds shall be available until expended.

[[Page 136 STAT. 724]]

    Sec. 187.  <<NOTE: Notice.>>  Notwithstanding any other provision of 
law, if any funds provided by or limited by this Act are subject to a 
reprogramming action that requires notice to be provided to the House 
and Senate Committees on Appropriations, transmission of such 
reprogramming notice shall be provided solely to the House and Senate 
Committees on Appropriations, and such reprogramming action shall be 
approved or denied solely by the House and Senate Committees on 
Appropriations:  Provided, <<NOTE: Notice. Deadline.>>  That the 
Secretary of Transportation may provide notice to other congressional 
committees of the action of the House and Senate Committees on 
Appropriations on such reprogramming but not sooner than 30 days after 
the date on which the reprogramming action has been approved or denied 
by the House and Senate Committees on Appropriations.

    Sec. 188.  Funds appropriated by this Act to the operating 
administrations may be obligated for the Office of the Secretary for the 
costs related to assessments or reimbursable agreements only when such 
amounts are for the costs of goods and services that are purchased to 
provide a direct benefit to the applicable operating administration or 
administrations.
    Sec. 189.  The Secretary of Transportation is authorized to carry 
out a program that establishes uniform standards for developing and 
supporting agency transit pass and transit benefits authorized under 
section 7905 of title 5, United States Code, including distribution of 
transit benefits by various paper and electronic media.
    Sec. 190.  <<NOTE: Contracts. Certification.>>  The Department of 
Transportation may use funds provided by this Act, or any other Act, to 
assist a contract under title 49 or 23 of the United States Code 
utilizing geographic, economic, or any other hiring preference not 
otherwise authorized by law, or to amend a rule, regulation, policy or 
other measure that forbids a recipient of a Federal Highway 
Administration or Federal Transit Administration grant from imposing 
such hiring preference on a contract or construction project with which 
the Department of Transportation is assisting, only if the grant 
recipient certifies the following:
            (1) that except with respect to apprentices or trainees, a 
        pool of readily available but unemployed individuals possessing 
        the knowledge, skill, and ability to perform the work that the 
        contract requires resides in the jurisdiction;
            (2) that the grant recipient will include appropriate 
        provisions in its bid document ensuring that the contractor does 
        not displace any of its existing employees in order to satisfy 
        such hiring preference; and
            (3) that any increase in the cost of labor, training, or 
        delays resulting from the use of such hiring preference does not 
        delay or displace any transportation project in the applicable 
        Statewide Transportation Improvement Program or Transportation 
        Improvement Program.

    Sec. 191.  <<NOTE: Coordination.>>  The Secretary of Transportation 
shall coordinate with the Secretary of Homeland Security to ensure that 
best practices for Industrial Control Systems Procurement are up-to-date 
and shall ensure that systems procured with funds provided under this 
title were procured using such practices.

    Sec. 192.  <<NOTE: Determination.>>  Amounts made available by this 
Act or any prior Act that the Secretary determines represent improper 
payments by the Department of Transportation to a third-party contractor

[[Page 136 STAT. 725]]

under a financial assistance award, which are recovered pursuant to law, 
shall be available--
            (1) <<NOTE: Reimbursement.>>  to reimburse the actual 
        expenses incurred by the Department of Transportation in 
        recovering improper payments:  Provided, That amounts made 
        available by this Act shall be available until expended; and
            (2) <<NOTE: Contracts.>>  to pay contractors for services 
        provided in recovering improper payments or contractor support 
        in the implementation of the Payment Integrity Information Act 
        of 2019 (Public Law 116-117):  Provided, That amounts in excess 
        of that required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and period 
                for which such appropriations are available:  Provided 
                further, That where specific project or accounting 
                information associated with the improper payment or 
                payments is not readily available, the Secretary may 
                credit the amounts to an appropriate account as 
                offsetting collections and such amounts shall be 
                available for the purposes and period associated with 
                the account so credited:  Provided further, That amounts 
                credited to programs under this subparagraph shall not 
                be subject to any limitation on obligations in this or 
                any other Act; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts:  Provided further, <<NOTE: Notification.>>  
                That prior to depositing such recovery in the Treasury, 
                the Secretary shall notify the House and Senate 
                Committees on Appropriations of the amount and reasons 
                for such transfer:  Provided 
                further, <<NOTE: Definition.>>  That for purposes of 
                this section, the term ``improper payment'' has the same 
                meaning as that provided in section 3351(4) of title 31, 
                United States Code.

    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2022''.

            TITLE II <<NOTE: Department of Housing and Urban 
Development Appropriations Act, 2022.>> 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Management and Administration

                            executive offices

    For necessary salaries and expenses for Executive Offices, which 
shall be comprised of the offices of the Secretary, Deputy Secretary, 
Adjudicatory Services, Congressional and Intergovernmental Relations, 
Public Affairs, Small and Disadvantaged Business Utilization, and the 
Center for Faith-Based and Neighborhood Partnerships, $15,200,000, to 
remain available until September 30, 2023:  Provided, That not to exceed 
$25,000 of the amount made available under this heading shall be 
available to the Secretary of Housing and Urban Development (referred to 
in this title as ``the Secretary'') for official reception and 
representation expenses as the Secretary may determine.

[[Page 136 STAT. 726]]

                     administrative support offices

    For necessary salaries and expenses for Administrative Support 
Offices, $607,000,000, to remain available until September 30, 2023:  
Provided, That of the sums appropriated under this heading--
            (1) $82,000,000 shall be available for the Office of the 
        Chief Financial Officer;
            (2) $114,000,000 shall be available for the Office of the 
        General Counsel, of which not less than $18,500,000 shall be for 
        the Departmental Enforcement Center;
            (3) $212,000,000 shall be available for the Office of 
        Administration, of which not more than $5,000,000 may be for 
        modernization and deferred maintenance of the Weaver Building;
            (4) $46,200,000 shall be available for the Office of the 
        Chief Human Capital Officer;
            (5) $25,000,000 shall be available for the Office of the 
        Chief Procurement Officer;
            (6) $60,500,000 shall be available for the Office of Field 
        Policy and Management;
            (7) $4,300,000 shall be available for the Office of 
        Departmental Equal Employment Opportunity; and
            (8) $63,000,000 shall be available for the Office of the 
        Chief Information Officer:

  Provided further, That funds made available under this heading may be 
used for necessary administrative and non-administrative expenses of the 
Department, not otherwise provided for, including purchase of uniforms, 
or allowances therefor, as authorized by sections 5901 and 5902 of title 
5, United States Code; hire of passenger motor vehicles; and services as 
authorized by section 3109 of title 5, United States Code:  Provided 
further, That notwithstanding any other provision of law, funds 
appropriated under this heading may be used for advertising and 
promotional activities that directly support program activities funded 
in this title:  Provided further, <<NOTE: Time 
period. Notification. Reports.>>  That the Secretary shall provide the 
House and Senate Committees on Appropriations quarterly written 
notification regarding the status of pending congressional reports:  
Provided further, <<NOTE: Reports.>>  That the Secretary shall provide 
in electronic form all signed reports required by Congress.

                             program offices

    For necessary salaries and expenses for Program Offices, 
$965,500,000, to remain available until September 30, 2023:  Provided, 
That of the sums appropriated under this heading--
            (1) $253,500,000 shall be available for the Office of Public 
        and Indian Housing;
            (2) $147,000,000 shall be available for the Office of 
        Community Planning and Development;
            (3) $431,000,000 shall be available for the Office of 
        Housing, of which not less than $13,000,000 shall be for the 
        Office of Recapitalization;
            (4) $35,000,000 shall be available for the Office of Policy 
        Development and Research;
            (5) $88,000,000 shall be available for the Office of Fair 
        Housing and Equal Opportunity; and
            (6) $11,000,000 shall be available for the Office of Lead 
        Hazard Control and Healthy Homes.

[[Page 136 STAT. 727]]

                          working capital fund

                      (including transfer of funds)

    For the working capital fund for the Department of Housing and Urban 
Development (referred to in this paragraph as the ``Fund''), pursuant, 
in part, to section 7(f) of the Department of Housing and Urban 
Development Act (42 U.S.C. 3535(f)), amounts transferred, including 
reimbursements pursuant to section 7(f), to the Fund under this heading 
shall be available only for Federal shared services used by offices and 
agencies of the Department, and for any such portion of any office or 
agency's printing, records management, space renovation, furniture, or 
supply services the Secretary has determined shall be provided through 
the Fund, and the operational expenses of the Fund:  Provided, That 
amounts within the Fund shall not be available to provide services not 
specifically authorized under this heading:  Provided 
further, <<NOTE: Determination.>>  That upon a determination by the 
Secretary that any other service (or portion thereof) authorized under 
this heading shall be provided through the Fund, amounts made available 
in this title for salaries and expenses under the headings ``Executive 
Offices'', ``Administrative Support Offices'', ``Program Offices'', and 
``Government National Mortgage Association'', for such services shall be 
transferred to the Fund, to remain available until expended:  Provided 
further, That the <<NOTE: Notification. Deadline.>>  Secretary shall 
notify the House and Senate Committees on Appropriations of its plans 
for executing such transfers at least 15 days in advance of such 
transfers.

                        Public and Indian Housing

tenant-based rental assistance <<NOTE: Vouchers.>> 

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''), 
not otherwise provided for, $23,369,641,000, to remain available until 
expended, which shall be available on October 1, 2021 (in addition to 
the $4,000,000,000 previously appropriated under this heading that shall 
be available on October 1, 2021), and $4,000,000,000, to remain 
available until expended, which shall be available on October 1, 2022:  
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) <<NOTE: Determinations.>>  $24,095,029,000 shall be 
        available for renewals of expiring section 8 tenant-based annual 
        contributions contracts (including renewals of enhanced vouchers 
        under any provision of law authorizing such assistance under 
        section 8(t) of the Act) and including renewal of other special 
        purpose incremental vouchers:  Provided, <<NOTE: Notice. Federal 
        Register, publication.>>  That notwithstanding any other 
        provision of law, from amounts provided under this paragraph and 
        any carryover, the Secretary for the calendar year 2022 funding 
        cycle shall provide renewal funding for each public housing 
        agency based on validated voucher management system (VMS) 
        leasing and cost data for the prior calendar year and by 
        applying an inflation factor as established by the Secretary, by 
        notice published in the Federal Register, and by making any 
        necessary adjustments for the costs associated with the first-
        time renewal of vouchers under this paragraph including tenant 
        protection and Choice Neighborhoods vouchers:  Provided

[[Page 136 STAT. 728]]

        further, That none of the funds provided under this paragraph 
        may be used to fund a total number of unit months under lease 
        which exceeds a public housing agency's authorized level of 
        units under contract, except for public housing agencies 
        participating in the Moving to Work (MTW) demonstration, which 
        are instead governed in accordance with the requirements of the 
        MTW demonstration program or their MTW agreements, if any:  
        Provided further, That the Secretary shall, to the extent 
        necessary to stay within the amount specified under this 
        paragraph (except as otherwise modified under this paragraph), 
        prorate each public housing agency's allocation otherwise 
        established pursuant to this paragraph:  Provided further, That 
        except as <<NOTE: Notification. Deadline.>>  provided in the 
        following provisos, the entire amount specified under this 
        paragraph (except as otherwise modified under this paragraph) 
        shall be obligated to the public housing agencies based on the 
        allocation and pro rata method described above, and the 
        Secretary shall notify public housing agencies of their annual 
        budget by the latter of 60 days after enactment of this Act or 
        March 1, 2022:  Provided further, That the 
        Secretary <<NOTE: Extension. Advance approval.>>  may extend the 
        notification period with the prior written approval of the House 
        and Senate Committees on Appropriations:  Provided further, That 
        public housing agencies participating in the MTW demonstration 
        shall be funded in accordance with the requirements of the MTW 
        demonstration program or their MTW agreements, if any, and shall 
        be subject to the same pro rata adjustments under the preceding 
        provisos:  Provided further, That the Secretary may offset 
        public housing agencies' calendar year 2022 allocations based on 
        the excess amounts of public housing agencies' net restricted 
        assets accounts, including HUD-held programmatic reserves (in 
        accordance with VMS data in calendar year 2021 that is 
        verifiable and complete), as determined by the Secretary:  
        Provided further, That public housing agencies participating in 
        the MTW demonstration shall also be subject to the offset, as 
        determined by the Secretary, excluding amounts subject to the 
        single fund budget authority provisions of their MTW agreements, 
        from the agencies' calendar year 2022 MTW funding allocation:  
        Provided further, That the Secretary shall use any offset 
        referred to in the preceding two provisos throughout the 
        calendar year to prevent the termination of rental assistance 
        for families as the result of insufficient funding, as 
        determined by the Secretary, and to avoid or reduce the 
        proration of renewal funding allocations:  Provided 
        further, <<NOTE: Time period.>>  That up to $200,000,000 shall 
        be available only: (1) for adjustments in the allocations for 
        public housing agencies, after application for an adjustment by 
        a public housing agency that experienced a significant increase, 
        as determined by the Secretary, in renewal costs of vouchers 
        resulting from unforeseen circumstances or from portability 
        under section 8(r) of the Act; (2) for vouchers that were not in 
        use during the previous 12-month period in order to be available 
        to meet a commitment pursuant to section 8(o)(13) of the Act, or 
        an adjustment for a funding obligation not yet expended in the 
        previous calendar year for a MTW-eligible activity to develop 
        affordable housing for an agency added to the MTW demonstration 
        under the expansion authority provided in section 239 of the 
        Transportation, Housing and Urban Development, and Related 
        Agencies

[[Page 136 STAT. 729]]

        Appropriations Act, 2016 (division L of Public Law 114-113); (3) 
        for adjustments for costs associated with HUD-Veterans Affairs 
        Supportive Housing (HUD-VASH) vouchers; (4) for public housing 
        agencies that despite taking reasonable cost savings measures, 
        as determined by the Secretary, would otherwise be required to 
        terminate rental assistance for families as a result of 
        insufficient funding; (5) for adjustments in the allocations for 
        public housing agencies that (i) are leasing a lower-than-
        average percentage of their authorized vouchers, (ii) have low 
        amounts of budget authority in their net restricted assets 
        accounts and HUD-held programmatic reserves, relative to other 
        agencies, and (iii) are not participating in the Moving to Work 
        demonstration, to enable such agencies to lease more vouchers; 
        (6) for withheld payments in accordance with section 
        8(o)(8)(A)(ii) of the Act for months in the previous calendar 
        year that were subsequently paid by the public housing agency 
        after the agency's actual costs were validated; and (7) for 
        public housing agencies that have experienced increased costs or 
        loss of units in an area for which the President declared a 
        disaster under title IV of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.):  
        Provided further, <<NOTE: Allocation.>>  That the Secretary 
        shall allocate amounts under the preceding proviso based on 
        need, as determined by the Secretary;
            (2) $100,000,000 shall be for section 8 rental assistance 
        for relocation and replacement of housing units that are 
        demolished or disposed of pursuant to section 18 of the Act, 
        conversion of section 23 projects to assistance under section 8, 
        relocation of witnesses (including victims of violent crimes) in 
        connection with efforts to combat crime in public and assisted 
        housing pursuant to a request from a law enforcement or 
        prosecution agency, enhanced vouchers under any provision of law 
        authorizing such assistance under section 8(t) of the Act, 
        Choice Neighborhood vouchers, mandatory and voluntary 
        conversions, and tenant protection assistance including 
        replacement and relocation assistance or for project-based 
        assistance to prevent the displacement of unassisted elderly 
        tenants currently residing in section 202 properties financed 
        between 1959 and 1974 that are refinanced pursuant to Public Law 
        106-569, as amended, or under the authority as provided under 
        this Act:  Provided, That when a public housing development is 
        submitted for demolition or disposition under section 18 of the 
        Act, the Secretary may provide section 8 rental assistance when 
        the units pose an imminent health and safety risk to residents:  
        Provided further, That the Secretary may provide section 8 
        rental assistance from amounts made available under this 
        paragraph for units assisted under a project-based subsidy 
        contract funded under the ``Project-Based Rental Assistance'' 
        heading under this title where the owner has received a Notice 
        of Default and the units pose an imminent health and safety risk 
        to residents:  Provided further, That of the amounts made 
        available under this paragraph, no less than $5,000,000 may be 
        available to provide tenant protection assistance, not otherwise 
        provided under this paragraph, to residents residing in low 
        vacancy areas and who may have to pay rents greater than 30 
        percent of household income, as the result of: (A) the maturity 
        of a HUD-insured, HUD-held or section 202 loan

[[Page 136 STAT. 730]]

        that requires the permission of the Secretary prior to loan 
        prepayment; (B) the expiration of a rental assistance contract 
        for which the tenants are not eligible for enhanced voucher or 
        tenant protection assistance under existing law; or (C) the 
        expiration of affordability restrictions accompanying a mortgage 
        or preservation program administered by the Secretary:  Provided 
        further, That such tenant protection assistance made available 
        under the preceding proviso may be provided under the authority 
        of section 8(t) or section 8(o)(13) of the United States Housing 
        Act of 1937 (42 U.S.C. 1437f(t)):  Provided 
        further, <<NOTE: Notification.>>  That any tenant protection 
        voucher made available from amounts under this paragraph shall 
        not be reissued by any public housing agency, except the 
        replacement vouchers as defined by the Secretary by notice, when 
        the initial family that received any such voucher no longer 
        receives such voucher, and the authority for any public housing 
        agency to issue any such voucher shall cease to exist:  Provided 
        further, <<NOTE: Time period.>>  That the Secretary may only 
        provide replacement vouchers for units that were occupied within 
        the previous 24 months that cease to be available as assisted 
        housing, subject only to the availability of funds;
            (3) $2,410,612,000 shall be for administrative and other 
        expenses of public housing agencies in administering the section 
        8 tenant-based rental assistance program, of which up to 
        $30,000,000 shall be available to the Secretary to allocate to 
        public housing agencies that need additional funds to administer 
        their section 8 programs, including fees associated with section 
        8 tenant protection rental assistance, the administration of 
        disaster related vouchers, HUD-VASH vouchers, and other special 
        purpose incremental vouchers:  Provided, That no less than 
        $2,380,612,000 of the amount provided in this paragraph shall be 
        allocated to public housing agencies for the calendar year 2022 
        funding cycle based on section 8(q) of the Act (and related 
        Appropriation Act provisions) as in effect immediately before 
        the enactment of the Quality Housing and Work Responsibility Act 
        of 1998 (Public Law 105-276):  Provided further, That if the 
        amounts made available under this paragraph are insufficient to 
        pay the amounts determined under the preceding proviso, the 
        Secretary may decrease the amounts allocated to agencies by a 
        uniform percentage applicable to all agencies receiving funding 
        under this paragraph or may, to the extent necessary to provide 
        full payment of amounts determined under the preceding proviso, 
        utilize unobligated balances, including recaptures and 
        carryover, remaining from funds appropriated to the Department 
        of Housing and Urban Development under this heading from prior 
        fiscal years, excluding special purpose vouchers, 
        notwithstanding the purposes for which such amounts were 
        appropriated:  Provided further, That all public housing 
        agencies participating in the MTW demonstration shall be funded 
        in accordance with the requirements of the MTW demonstration 
        program or their MTW agreements, if any, and shall be subject to 
        the same uniform percentage decrease as under the preceding 
        proviso:  Provided further, That amounts provided under this 
        paragraph shall be only for activities related to the provision 
        of tenant-based rental assistance authorized under section 8, 
        including related development activities;

[[Page 136 STAT. 731]]

            (4) $459,000,000 for the renewal of tenant-based assistance 
        contracts under section 811 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013), including necessary 
        administrative expenses:  Provided, That administrative and 
        other expenses of public housing agencies in administering the 
        special purpose vouchers in this paragraph shall be funded under 
        the same terms and be subject to the same pro rata reduction as 
        the percent decrease for administrative and other expenses to 
        public housing agencies under paragraph (3) of this heading:  
        Provided further, That up to $10,000,000 shall be available only 
        (1) for adjustments in the allocation for public housing 
        agencies, after applications for an adjustment by a public 
        housing agency that experienced a significant increase, as 
        determined by the Secretary, in Mainstream renewal costs 
        resulting from unforeseen circumstances, and (2) for public 
        housing agencies that despite taking reasonable cost savings 
        measures, as determined by the Secretary, would otherwise be 
        required to terminate the rental assistance for Mainstream 
        families as a result of insufficient funding:  Provided further, 
        That the <<NOTE: Allocation.>>  Secretary shall allocate amounts 
        under the preceding proviso based on need, as determined by the 
        Secretary:  Provided further, That upon turnover, section 811 
        special purpose vouchers funded under this heading in this or 
        prior Acts, or under any other heading in prior Acts, shall be 
        provided to non-elderly persons with disabilities;
            (5) Of the amounts provided under paragraph (1) up to 
        $5,000,000 shall be for rental assistance and associated 
        administrative fees for Tribal HUD-VASH to serve Native American 
        veterans that are homeless or at-risk of homelessness living on 
        or near a reservation or other Indian areas:  Provided, That 
        such <<NOTE: Grants.>>  amount shall be made available for 
        renewal grants to recipients that received assistance under 
        prior Acts under the Tribal HUD-VASH program:  Provided 
        further, <<NOTE: Criteria. Data.>>  That the Secretary shall be 
        authorized to specify criteria for renewal grants, including 
        data on the utilization of assistance reported by grant 
        recipients:  Provided further, That such assistance shall be 
        administered in accordance with program requirements under the 
        Native American Housing Assistance and Self-Determination Act of 
        1996 and modeled after the HUD-VASH program:  Provided 
        further, <<NOTE: Waiver authority. Requirements.>>  That the 
        Secretary shall be authorized to waive, or specify alternative 
        requirements for any provision of any statute or regulation that 
        the Secretary administers in connection with the use of funds 
        made available under this paragraph (except for requirements 
        related to fair housing, nondiscrimination, labor standards, and 
        the environment), upon a finding by the Secretary that any such 
        waivers or alternative requirements are necessary for the 
        effective delivery and administration of such assistance:  
        Provided further, <<NOTE: Reports. Data.>>  That grant 
        recipients shall report to the Secretary on utilization of such 
        rental assistance and other program data, as prescribed by the 
        Secretary:  Provided further, That the Secretary may reallocate, 
        as determined by the Secretary, amounts returned or recaptured 
        from awards under the Tribal HUD-VASH program under prior Acts 
        to existing recipients under the Tribal HUD-VASH program;
            (6) $50,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered

[[Page 136 STAT. 732]]

        in conjunction with the Department of Veterans Affairs as 
        authorized under section 8(o)(19) of the United States Housing 
        Act of 1937:  Provided, <<NOTE: Consultation.>>  That the 
        Secretary of Housing and Urban Development shall make such 
        funding available, notwithstanding section 203 (competition 
        provision) of this title, to public housing agencies that 
        partner with eligible VA Medical Centers or other entities as 
        designated by the Secretary of the Department of Veterans 
        Affairs, based on geographical need for such assistance as 
        identified by the Secretary of the Department of Veterans 
        Affairs, public housing agency administrative performance, and 
        other factors as specified by the Secretary of Housing and Urban 
        Development in consultation with the Secretary of the Department 
        of Veterans Affairs:  Provided further, <<NOTE: Waiver 
        authority. Requirements. Consultation.>>  That the Secretary of 
        Housing and Urban Development may waive, or specify alternative 
        requirements for (in consultation with the Secretary of the 
        Department of Veterans Affairs), any provision of any statute or 
        regulation that the Secretary of Housing and Urban Development 
        administers in connection with the use of funds made available 
        under this paragraph (except for requirements related to fair 
        housing, nondiscrimination, labor standards, and the 
        environment), upon a finding by the Secretary that any such 
        waivers or alternative requirements are necessary for the 
        effective delivery and administration of such voucher 
        assistance:  Provided 
        further, <<NOTE: Continuation. Veterans.>>  That assistance made 
        available under this paragraph shall continue to remain 
        available for homeless veterans upon turn-over;
            (7) $30,000,000 shall be made available for the family 
        unification program as authorized under section 8(x) of the Act: 
         Provided, <<NOTE: Continuation.>>  That the amounts made 
        available under this paragraph are provided as follows:
                    (A) $5,000,000 shall be for new incremental voucher 
                assistance:  Provided, That the assistance made 
                available under this subparagraph shall continue to 
                remain available for family unification upon turnover; 
                and
                    (B) $25,000,000 shall be for new incremental voucher 
                assistance to assist eligible youth as defined by such 
                section 8(x)(2)(B):  Provided, That assistance made 
                available under this subparagraph shall continue to 
                remain available for such eligible youth upon turnover:  
                Provided further, That of the total amount made 
                available under this subparagraph, up to $15,000,000 
                shall be available on a noncompetitive basis to public 
                housing agencies that partner with public child welfare 
                agencies to identify such eligible youth, that request 
                such assistance to timely assist such eligible youth, 
                and that meet any other criteria as specified by the 
                Secretary:  Provided further, <<NOTE: Review.>>  That 
                the Secretary shall review utilization of the assistance 
                made available under the preceding proviso, at an 
                interval to be determined by the Secretary, and 
                unutilized voucher assistance that is no longer needed 
                shall be recaptured by the Secretary and reallocated 
                pursuant to the preceding proviso:
          Provided further, <<NOTE: Notification.>>  That for any public 
        housing agency administering voucher assistance appropriated in 
        a prior Act under the family unification program, or made 
        available and competitively selected under this paragraph, that 
        determines that it no longer has an identified need for such 
        assistance upon

[[Page 136 STAT. 733]]

        turnover, such agency shall notify the Secretary, and the 
        Secretary shall recapture such assistance from the agency and 
        reallocate it to any other public housing agency or agencies 
        based on need for voucher assistance in connection with such 
        specified program or eligible youth, as applicable;
            (8) $200,000,000 shall be made available for new incremental 
        voucher assistance under section 8(o) of the United States 
        Housing Act of 1937 to be allocated pursuant to a method, as 
        determined by the Secretary, which may include a formula that 
        may include such factors as severe cost burden, overcrowding, 
        substandard housing for very low-income renters, homelessness, 
        and administrative capacity, where such allocation method shall 
        include both rural and urban areas:  Provided, That the 
        Secretary may specify additional terms and conditions to ensure 
        that public housing agencies provide vouchers for use by 
        survivors of domestic violence, or individuals and families who 
        are homeless, as defined in section 103(a) of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11302(a)), or at risk of 
        homelessness, as defined in section 401(1) of such Act (42 
        U.S.C. 11360(1));
            (9) $25,000,000 shall be for mobility-related services, as 
        defined by the Secretary, for voucher families with children 
        modeled after services provided in connection with the mobility 
        demonstration authorized under section 235 of division G of the 
        Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note; 
        Public Law 116-6):  Provided, That the Secretary shall make 
        funding available to public housing agencies on a competitive 
        basis and shall give preference to public housing agencies with 
        higher concentrations of housing choice voucher families with 
        children residing in high-poverty neighborhoods:  Provided 
        further, That the Secretary may recapture from the public 
        housing agencies unused balances based on utilization of such 
        awards and reallocate such amounts to any other public housing 
        agency or agencies based on need for such mobility-related 
        services as identified under such competition; and
            (10) the Secretary shall separately track all special 
        purpose vouchers funded under this heading.

                        housing certificate fund

                         (including rescissions)

    Unobligated balances, including recaptures and carryover, remaining 
from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ``Annual Contributions for 
Assisted Housing'' and the heading ``Project-Based Rental Assistance'', 
for fiscal year 2022 and prior years may be used for renewal of or 
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which 
such funds were appropriated:  Provided, That any obligated balances of 
contract authority from fiscal year 1974 and prior fiscal years that 
have been terminated shall be rescinded:  Provided further, That amounts 
heretofore recaptured, or recaptured during the current fiscal year, 
from section 8 project-based contracts from source years fiscal year 
1975 through fiscal year 1987 are hereby rescinded, and an amount of 
additional new budget authority, equivalent to the amount rescinded is 
hereby

[[Page 136 STAT. 734]]

appropriated, to remain available until expended, for the purposes set 
forth under this heading, in addition to amounts otherwise available.

                           public housing fund

    For 2022 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''), 
and to carry out capital and management activities for public housing 
agencies, as authorized under section 9(d) of the Act (42 U.S.C. 
1437g(d)), $8,451,500,000, to remain available until September 30, 2025: 
 Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $5,038,500,000 shall be available to the Secretary to 
        allocate pursuant to the Operating Fund formula at part 990 of 
        title 24, Code of Federal Regulations, for 2022 payments;
            (2) <<NOTE: Determination.>>  $25,000,000 shall be available 
        to the Secretary to allocate pursuant to a need-based 
        application process notwithstanding section 203 of this title 
        and not subject to such Operating Fund formula to public housing 
        agencies that experience, or are at risk of, financial 
        shortfalls, as determined by the Secretary:  
        Provided, <<NOTE: Distribution.>>  That after all such shortfall 
        needs are met, the Secretary may distribute any remaining funds 
        to all public housing agencies on a pro-rata basis pursuant to 
        such Operating Fund formula;
            (3) $3,200,000,000 shall be available to the Secretary to 
        allocate pursuant to the Capital Fund formula at section 905.400 
        of title 24, Code of Federal Regulations:  Provided, That for 
        funds provided under this paragraph, the limitation in section 
        9(g)(1) of the Act shall be 25 percent:  Provided 
        further, <<NOTE: Waiver authority.>>  That the Secretary may 
        waive the limitation in the preceding proviso to allow public 
        housing agencies to fund activities authorized under section 
        9(e)(1)(C) of the Act:  Provided 
        further, <<NOTE: Notification. Deadline.>>  That the Secretary 
        shall notify public housing agencies requesting waivers under 
        the preceding proviso if the request is approved or denied 
        within 14 days of submitting the request:  Provided 
        further, <<NOTE: Time period. Bonus awards.>>  That from the 
        funds made available under this paragraph, the Secretary shall 
        provide bonus awards in fiscal year 2022 to public housing 
        agencies that are designated high performers:  Provided 
        further, <<NOTE: Notification. Deadline.>>  That the Department 
        shall notify public housing agencies of their formula allocation 
        within 60 days of enactment of this Act;
            (4) $75,000,000 shall be available for the Secretary to make 
        grants, notwithstanding section 203 of this title, to public 
        housing agencies for emergency capital needs, including safety 
        and security measures necessary to address crime and drug-
        related activity, as well as needs resulting from unforeseen or 
        unpreventable emergencies and natural disasters excluding 
        Presidentially declared emergencies and natural disasters under 
        the Robert T. Stafford Disaster Relief and Emergency Act (42 
        U.S.C. 5121 et seq.) occurring in fiscal year 2022, of which 
        $45,000,000 shall be available for public housing agencies under 
        administrative and judicial receiverships or under the control 
        of a Federal monitor:  Provided, That of the amount made 
        available under this paragraph, not less than $10,000,000 shall 
        be for safety and security measures:  Provided further,

[[Page 136 STAT. 735]]

        That in <<NOTE: Deadline. Allocation.>>  addition to the amount 
        in the preceding proviso for such safety and security measures, 
        any amounts that remain available, after all applications 
        received on or before September 30, 2023, for emergency capital 
        needs have been processed, shall be allocated to public housing 
        agencies for such safety and security measures;
            (5) <<NOTE: Evaluation.>>  $65,000,000 shall be for 
        competitive grants to public housing agencies to evaluate and 
        reduce residential health hazards in public housing, including 
        lead-based paint (by carrying out the activities of risk 
        assessments, abatement, and interim controls, as those terms are 
        defined in section 1004 of the Residential Lead-Based Paint 
        Hazard Reduction Act of 1992 (42 U.S.C. 4851b)), carbon 
        monoxide, mold, radon, and fire safety:  
        Provided, <<NOTE: Evaluation.>>  That not less than $25,000,000 
        of the amounts provided under this paragraph shall be awarded 
        for evaluating and reducing lead-based paint hazards:  Provided 
        further, That for purposes of environmental review, a grant 
        under this paragraph shall be considered funds for projects or 
        activities under title I of the United States Housing Act of 
        1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of such 
        Act (42 U.S.C. 1437x) and shall be subject to the regulations 
        implementing such section:  Provided further, That amounts made 
        available under this paragraph shall be combined with amounts 
        made available under the sixth paragraph under this heading in 
        the Consolidated Appropriations Act, 2021 (Public Law 116-260) 
        and shall be used in accordance with the purposes and 
        requirements under this paragraph;
            (6) <<NOTE: Determination.>>  $15,000,000 shall be to 
        support the costs of administrative and judicial receiverships 
        and for competitive grants to PHAs in receivership, designated 
        troubled or substandard, or otherwise at risk, as determined by 
        the Secretary, for costs associated with public housing asset 
        improvement, in addition to other amounts for that purpose 
        provided under any heading under this title; and
            (7) $33,000,000 shall be to support ongoing public housing 
        financial and physical assessment activities:

  Provided further, That notwithstanding any other provision of law or 
regulation, during fiscal year 2022, the Secretary of Housing and Urban 
Development may not delegate to any Department official other than the 
Deputy Secretary and the Assistant Secretary for Public and Indian 
Housing any authority under paragraph (2) of section 9(j) of the Act 
regarding the extension of the time periods under such section:  
Provided further, <<NOTE: Definition.>>  That for purposes of such 
section 9(j), the term ``obligate'' means, with respect to amounts, that 
the amounts are subject to a binding agreement that will result in 
outlays, immediately or in the future.

                     choice neighborhoods initiative

    For competitive grants under the Choice Neighborhoods Initiative 
(subject to section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) unless otherwise specified under this heading), for 
transformation, rehabilitation, and replacement housing needs of public 
and HUD-assisted housing and to transform neighborhoods of poverty into 
functioning, sustainable, mixed-income neighborhoods with appropriate 
services, schools, public assets, transportation, and access to jobs, 
$350,000,000, to remain

[[Page 136 STAT. 736]]

available until September 30, 2026:  Provided, That grant funds may be 
used for resident and community services, community development, and 
affordable housing needs in the community, and for conversion of vacant 
or foreclosed properties to affordable housing:  Provided further, That 
not more than 20 percent of the amount of any grant made with amounts 
made available under this heading may be used for necessary supportive 
services notwithstanding subsection (d)(1)(L) of such section 24:  
Provided further, That the use of amounts made available under this 
heading shall not be deemed to be for public housing, notwithstanding 
section 3(b)(1) of such Act:  Provided further, <<NOTE: Time 
period. Determination.>>  That grantees shall commit to an additional 
period of affordability determined by the Secretary of not fewer than 20 
years:  Provided further, That grantees shall provide a match in State, 
local, other Federal, or private funds:  Provided further, That grantees 
may include local governments, Tribal entities, public housing agencies, 
and nonprofit organizations:  Provided further, That for-profit 
developers may apply jointly with a public entity:  Provided 
further, <<NOTE: Regulations.>>  That for purposes of environmental 
review, a grantee shall be treated as a public housing agency under 
section 26 of the United States Housing Act of 1937 (42 U.S.C. 1437x), 
and grants made with amounts available under this heading shall be 
subject to the regulations issued by the Secretary to implement such 
section:  Provided further, That of the amounts made available under 
this heading, not less than $175,000,000 shall be awarded to public 
housing agencies:  Provided further, That such grantees shall create 
partnerships with other local organizations, including assisted housing 
owners, service agencies, and resident organizations:  Provided 
further, <<NOTE: Consultation. Coordination.>>  That the Secretary shall 
consult with the Secretaries of Education, Labor, Transportation, Health 
and Human Services, Agriculture, and Commerce, the Attorney General, and 
the Administrator of the Environmental Protection Agency to coordinate 
and leverage other appropriate Federal resources:  Provided further, 
That not more than $10,000,000 of the amounts made available under this 
heading may be provided as grants to undertake comprehensive local 
planning with input from residents and the community:  Provided further, 
That unobligated balances, including recaptures, remaining from amounts 
made available under the heading ``Revitalization of Severely Distressed 
Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years 
may be used for purposes under this heading, notwithstanding the 
purposes for which such amounts were appropriated:  Provided 
further, <<NOTE: Grants. Deadline. Determination.>>  That the Secretary 
shall make grant awards not later than 1 year after the date of 
enactment of this Act in such amounts that the Secretary determines:  
Provided further, That notwithstanding section 24(o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, 
until September 30, 2022, obligate any available unobligated balances 
made available under this heading in this or any prior Act.

                        self-sufficiency programs

    For activities and assistance related to Self-Sufficiency Programs, 
to remain available until September 30, 2025, $159,000,000:  Provided, 
That the amounts made available under this heading are provided as 
follows:
            (1) $109,000,000 shall be for the Family Self-Sufficiency 
        program to support family self-sufficiency coordinators under

[[Page 136 STAT. 737]]

        section 23 of the United States Housing Act of 1937 (42 U.S.C. 
        1437u), to promote the development of local strategies to 
        coordinate the use of assistance under sections 8 and 9 of such 
        Act with public and private resources, and enable eligible 
        families to achieve economic independence and self-sufficiency:  
        Provided, <<NOTE: Federal Register, 
        publication. Notice. Waiver. Requirements. Determination.>>  
        That the Secretary may, by Federal Register notice, waive or 
        specify alternative requirements under subsections (b)(3), 
        (b)(4), (b)(5), or (c)(1) of section 23 of such Act in order to 
        facilitate the operation of a unified self-sufficiency program 
        for individuals receiving assistance under different provisions 
        of such Act, as determined by the Secretary:  Provided further, 
        That owners <<NOTE: Procedures.>>  or sponsors of a multifamily 
        property receiving project-based rental assistance under section 
        8 of such Act may voluntarily make a Family Self-Sufficiency 
        program available to the assisted tenants of such property in 
        accordance with procedures established by the Secretary:  
        Provided further, That such procedures established pursuant to 
        the preceding proviso shall permit participating tenants to 
        accrue escrow funds in accordance with section 23(d)(2) of such 
        Act and shall allow owners to use funding from residual receipt 
        accounts to hire coordinators for their own Family Self-
        Sufficiency program;
            (2) $35,000,000 shall be for the Resident Opportunity and 
        Self-Sufficiency program to provide for supportive services, 
        service coordinators, and congregate services as authorized by 
        section 34 of the United States Housing Act of 1937 (42 U.S.C. 
        1437z-6) and the Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
            (3) $15,000,000 shall be for a Jobs-Plus initiative, modeled 
        after the Jobs-Plus demonstration:  Provided, <<NOTE: Grants.>>  
        That funding provided under this paragraph shall be available 
        for competitive grants to partnerships between public housing 
        authorities, local workforce investment boards established under 
        section 107 of the Workforce Innovation and Opportunity Act of 
        2014 (29 U.S.C. 3122), and other agencies and organizations that 
        provide support to help public housing residents obtain 
        employment and increase earnings:  Provided further, That 
        applicants must demonstrate the ability to provide services to 
        residents, partner with workforce investment boards, and 
        leverage service dollars:  Provided 
        further, <<NOTE: Waiver. Requirements.>>  That the Secretary may 
        allow public housing agencies to request exemptions from rent 
        and income limitation requirements under sections 3 and 6 of the 
        United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as 
        necessary to implement the Jobs-Plus program, on such terms and 
        conditions as the Secretary may approve upon a finding by the 
        Secretary that any such waivers or alternative requirements are 
        necessary for the effective implementation of the Jobs-Plus 
        initiative as a voluntary program for residents:  Provided 
        further, <<NOTE: Notice. Federal 
        Register, publication. Deadline.>>  That the Secretary shall 
        publish by notice in the Federal Register any waivers or 
        alternative requirements pursuant to the preceding proviso no 
        later than 10 days before the effective date of such notice.

                        native american programs

    For activities and assistance authorized under title I of the Native 
American Housing Assistance and Self-Determination Act

[[Page 136 STAT. 738]]

of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I 
of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et 
seq.) with respect to Indian tribes, and related training and technical 
assistance, $1,002,086,000, to remain available until September 30, 
2026:  Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $772,000,000 shall be for the Native American Housing 
        Block Grants program, as authorized under title I of NAHASDA:  
        Provided, <<NOTE: Determination. Applicability.>>  That, 
        notwithstanding NAHASDA, to determine the amount of the 
        allocation under title I of such Act for each Indian tribe, the 
        Secretary shall apply the formula under section 302 of such Act 
        with the need component based on single-race census data and 
        with the need component based on multi-race census data, and the 
        amount of the allocation for each Indian tribe shall be the 
        greater of the two resulting allocation amounts:  Provided 
        further, <<NOTE: Notification. Deadline.>>  That the Secretary 
        shall notify grantees of their formula allocation not later than 
        60 days after the date of enactment of this Act;
            (2) $150,000,000 shall be for competitive grants under the 
        Native American Housing Block Grants program, as authorized 
        under title I of NAHASDA:  Provided, That the Secretary shall 
        obligate such amount for competitive grants to eligible 
        recipients authorized under NAHASDA that apply for funds:  
        Provided further, That in awarding amounts made available in 
        this paragraph, the Secretary shall consider need and 
        administrative capacity, and shall give priority to projects 
        that will spur construction and rehabilitation of housing:  
        Provided further, That a grant funded pursuant to this paragraph 
        shall be in an amount not greater than $7,500,000:  Provided 
        further, That any amounts transferred for the necessary costs of 
        administering and overseeing the obligation and expenditure of 
        such additional amounts in prior Acts may also be used for the 
        necessary costs of administering and overseeing such additional 
        amount;
            (3) $1,000,000 shall be for the cost of guaranteed notes and 
        other obligations, as authorized by title VI of NAHASDA:  
        Provided, That such costs, including the costs of modifying such 
        notes and other obligations, shall be as defined in section 502 
        of the Congressional Budget Act of 1974 (2 U.S.C. 661a):  
        Provided further, That for fiscal year 2022 amounts made 
        available in this Act for the cost of guaranteed notes and other 
        obligations and any unobligated balances, including recaptures 
        and carryover, remaining from amounts made available for this 
        purpose under this heading or under the heading ``Native 
        American Housing Block Grants'' in prior Acts shall be available 
        to subsidize the total principal amount of any notes and other 
        obligations, any part of which is to be guaranteed, not to 
        exceed $50,000,000;
            (4) $72,086,000 shall be for grants to Indian tribes for 
        carrying out the Indian Community Development Block Grant 
        program under title I of the Housing and Community Development 
        Act of 1974, notwithstanding section 106(a)(1) of such Act, of 
        which, notwithstanding any other provision of law (including 
        section 203 of this Act), not more than $5,000,000 may be used 
        for emergencies that constitute imminent threats to health and 
        safety:  Provided, That not to exceed 20 percent

[[Page 136 STAT. 739]]

        of any grant made with amounts made available in this paragraph 
        shall be expended for planning and management development and 
        administration; and
            (5) $7,000,000 shall be for providing training and technical 
        assistance to Indian tribes, Indian housing authorities, and 
        tribally designated housing entities, to support the inspection 
        of Indian housing units, for contract expertise, and for 
        training and technical assistance related to amounts made 
        available under this heading and other headings in this Act for 
        the needs of Native American families and Indian country:  
        Provided, That of the amounts made available in this paragraph, 
        not less than $2,000,000 shall be for a national organization as 
        authorized under section 703 of NAHASDA (25 U.S.C. 4212):  
        Provided further, <<NOTE: Determination.>>  That amounts made 
        available in this paragraph may be used, contracted, or competed 
        as determined by the Secretary:  Provided 
        further, <<NOTE: Contracts.>>  That notwithstanding chapter 63 
        of title 31, United States Code (commonly known as the Federal 
        Grant and Cooperative Agreements Act of 1977), the amounts made 
        available in this paragraph may be used by the Secretary to 
        enter into cooperative agreements with public and private 
        organizations, agencies, institutions, and other technical 
        assistance providers to support the administration of negotiated 
        rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the 
        administration of the allocation formula under section 302 of 
        NAHASDA (25 U.S.C. 4152), and the administration of performance 
        tracking and reporting under section 407 of NAHASDA (25 U.S.C. 
        4167).

           indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), 
$3,000,000, to remain available until expended:  Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):  
Provided further, That an additional $500,000, to remain available until 
expended, shall be for administrative contract expenses, including 
management processes to carry out the loan guarantee program:  Provided 
further, That for fiscal year 2022 amounts made available in this and 
prior Acts for the cost of guaranteed loans, as authorized by section 
184 of the Housing and Community Development Act of 1992 (12 U.S.C. 
1715z-13a), that are unobligated, including recaptures and carryover, 
shall be available to subsidize total loan principal, any part of which 
is to be guaranteed, not to exceed $1,400,000,000, to remain available 
until September 30, 2023.

                   native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to 
remain available until September 30, 2026:  Provided, That 
notwithstanding section 812(b) of such Act, the Department of Hawaiian 
Home Lands may not invest grant amounts made available under this 
heading in investment securities and other obligations:  Provided 
further, That amounts made available under this heading in this and 
prior fiscal years may be used

[[Page 136 STAT. 740]]

to provide rental assistance to eligible Native Hawaiian families both 
on and off the Hawaiian Home Lands, notwithstanding any other provision 
of law.

       native hawaiian housing loan guarantee fund program account

                         (including rescission)

    New commitments to guarantee loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), 
any part of which is to be guaranteed, shall not exceed $28,000,000 in 
total loan principal:  Provided, That the Secretary may enter into 
commitments to guarantee loans used for refinancing:  Provided further, 
That any unobligated balances, including recaptures and carryover, 
remaining from amounts made available under this heading in prior Acts 
and any remaining total loan principal guarantee limitation associated 
with such amounts in such prior Acts are hereby rescinded.

                   Community Planning and Development

               housing opportunities for persons with aids

    For carrying <<NOTE: Contracts.>>  out the Housing Opportunities for 
Persons with AIDS program, as authorized by the AIDS Housing Opportunity 
Act (42 U.S.C. 12901 et seq.), $450,000,000, to remain available until 
September 30, 2023, except that amounts allocated pursuant to section 
854(c)(5) of such Act shall remain available until September 30, 2024:  
Provided, That the Secretary shall renew or replace all expiring 
contracts for permanent supportive housing that initially were funded 
under section 854(c)(5) of such Act from funds made available under this 
heading in fiscal year 2010 and prior fiscal years that meet all program 
requirements before awarding funds for new contracts under such section: 
 Provided further, <<NOTE: Notice.>>  That the process for submitting 
amendments and approving replacement contracts shall be established by 
the Secretary in a notice:  Provided 
further, <<NOTE: Notification. Deadline.>>  That the Department shall 
notify grantees of their formula allocation within 60 days of enactment 
of this Act.

                       community development fund

    For assistance to States and units of general local government, and 
other entities, for economic and community development activities, and 
other purposes, $4,841,409,207, to remain available until September 30, 
2025, unless otherwise specified:  Provided, That of the total amount 
provided under this heading, $3,300,000,000 is for carrying out the 
community development block grant program under title I of the Housing 
and Community Development Act of 1974, as amended (42 U.S.C. 5301 et 
seq.) (in this heading ``the Act''):  Provided 
further, <<NOTE: Grants.>>  That unless explicitly provided for under 
this heading, not to exceed 20 percent of any grant made with funds made 
available under this heading shall be expended for planning and 
management development and administration:  Provided further, That a 
metropolitan city, urban county, unit of general local government, or 
insular area that directly or indirectly receives funds under this 
heading may not sell, trade, or otherwise

[[Page 136 STAT. 741]]

transfer all or any portion of such funds to another such entity in 
exchange for any other funds, credits, or non-Federal considerations, 
but shall use such funds for activities eligible under title I of the 
Act:  Provided further, <<NOTE: Evaluation.>>  That notwithstanding 
section 105(e)(1) of the Act, no funds made available under this heading 
may be provided to a for-profit entity for an economic development 
project under section 105(a)(17) unless such project has been evaluated 
and selected in accordance with guidelines required under subsection 
(e)(2) of section 105:  Provided further, That of the total amount 
provided under this heading, $25,000,000 shall be for activities 
authorized under section 8071 of the SUPPORT for Patients and 
Communities Act (Public Law 115-271):  Provided further, That the funds 
allocated pursuant to the preceding proviso shall not adversely affect 
the amount of any formula assistance received by a State under the first 
proviso:  Provided further, <<NOTE: Allocation.>>  That the Secretary 
shall allocate the funds for such activities based on the notice 
establishing the funding formula published in 84 FR 16027 (April 17, 
2019) except that the formula shall use age-adjusted rates of drug 
overdose deaths for 2019 based on data from the Centers for Disease 
Control and Prevention:  Provided further, <<NOTE: Grants.>>  That of 
the total amount made available under this heading, $1,516,409,207 shall 
be available for grants for the Economic Development Initiative (EDI) 
for the purposes, and in amounts, specified for Community Project 
Funding/Congressionally Directed Spending in the table entitled 
``Community Project Funding/Congressionally Directed Spending'' included 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act):  Provided further, That 
none of the amounts made available in the preceding proviso shall be 
used for reimbursement of expenses incurred prior to the obligation of 
funds:  Provided further, <<NOTE: Notification. Deadline.>>  That the 
Department of Housing and Urban Development shall notify grantees of 
their formula allocation within 60 days of enactment of this Act.

          community development loan guarantees program account

    Subject to section 502 of the Congressional Budget Act of 1974 (2 
U.S.C. 661a), during fiscal year 2022, commitments to guarantee loans 
under section 108 of the Housing and Community Development Act of 1974 
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a 
total principal amount of $300,000,000, notwithstanding any aggregate 
limitation on outstanding obligations guaranteed in subsection (k) of 
such section 108:  Provided, <<NOTE: Fees.>>  That the Secretary shall 
collect fees from borrowers, notwithstanding subsection (m) of such 
section 108, to result in a credit subsidy cost of zero for guaranteeing 
such loans, and any such fees shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974:  Provided 
further, That such commitment authority funded by fees may be used to 
guarantee, or make commitments to guarantee, notes or other obligations 
issued by any State on behalf of non-entitlement communities in the 
State in accordance with the requirements of such section 108:  Provided 
further, <<NOTE: Distribution.>>  That any State receiving such a 
guarantee or commitment under the preceding proviso shall distribute all 
funds subject to such guarantee to the units of general local government 
in non-entitlement areas that received the commitment.

[[Page 136 STAT. 742]]

                  home investment partnerships program

    For the HOME Investment Partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended (42 U.S.C. 12721 et seq.), $1,500,000,000, to remain available 
until September 30, 2025:  Provided, That notwithstanding section 231(b) 
of such Act (42 U.S.C. 12771(b)), all unobligated balances remaining 
from amounts recaptured pursuant to such section that remain available 
until expended shall be combined with amounts made available under this 
heading and allocated in accordance with the formula under section 
217(b)(1)(A) of such Act (42 U.S.C. 
12747(b)(1)(A)): <<NOTE: Notification. Deadline.>>   Provided further, 
That the Department shall notify grantees of their formula allocations 
within 60 days after enactment of this Act:  Provided further, That 
section 218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with 
respect to the right of a jurisdiction to draw funds from its HOME 
Investment Trust Fund that otherwise expired or would expire in any 
calendar year from 2016 through 2024 under that section:  Provided 
further, That section 231(b) of such Act (42 U.S.C. 12771(b)) shall not 
apply to any uninvested funds that otherwise were deducted or would be 
deducted from the line of credit in the participating jurisdiction's 
HOME Investment Trust Fund in any calendar year from 2018 through 2024 
under that section.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, as 
authorized under section 11 of the Housing Opportunity Program Extension 
Act of 1996 (42 U.S.C. 12805 note), and for related activities and 
assistance, $62,500,000, to remain available until September 30, 2024:  
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $12,500,000 shall be for the Self-Help Homeownership 
        Opportunity Program as authorized under such section 11;
            (2) $41,000,000 shall be for the second, third, and fourth 
        capacity building entities specified in section 4(a) of the HUD 
        Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not 
        less than $5,000,000 shall be for rural capacity building 
        activities:  Provided, That for purposes of awarding grants from 
        amounts made available in this paragraph, the Secretary may 
        enter into multiyear agreements, as appropriate, subject to the 
        availability of annual appropriations;
            (3) $5,000,000 shall be for capacity building by national 
        rural housing organizations having experience assessing national 
        rural conditions and providing financing, training, technical 
        assistance, information, and research to local nonprofit 
        organizations, local governments, and Indian Tribes serving high 
        need rural communities; and
            (4) $4,000,000, shall be for a program to rehabilitate and 
        modify the homes of disabled or low-income veterans, as 
        authorized under section 1079 of the Carl Levin and Howard P. 
        ``Buck'' McKeon National Defense Authorization Act for Fiscal 
        Year 2015 (38 U.S.C. 2101 note):  
        Provided, <<NOTE: Deadlines.>>  That the issuance of a Notice of 
        Funding Opportunity for the amounts made available in this 
        paragraph shall be completed not later than 120 days after 
        enactment of this Act and such amounts shall be awarded not 
        later than 180 days after such issuance.

[[Page 136 STAT. 743]]

                       homeless assistance grants

    For assistance under title IV of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11360 et seq.), $3,213,000,000, to remain 
available until September 30, 2024:  Provided, That of the amounts made 
available under this heading--
            (1) $290,000,000 shall be for the Emergency Solutions Grants 
        program authorized under subtitle B of such title IV (42 U.S.C. 
        11371 et seq.):  Provided, <<NOTE: Notification. Deadline.>>  
        That the Department shall notify grantees of their formula 
        allocation from amounts allocated (which may represent initial 
        or final amounts allocated) for the Emergency Solutions Grant 
        program not later than 60 days after enactment of this Act;
            (2) $2,809,000,000 shall be for the Continuum of Care 
        program authorized under subtitle C of such title IV (42 U.S.C. 
        11381 et seq.) and the Rural Housing Stability Assistance 
        programs authorized under subtitle D of such title IV (42 U.S.C. 
        11408):  Provided, That the Secretary shall prioritize funding 
        under the Continuum of Care program to continuums of care that 
        have demonstrated a capacity to reallocate funding from lower 
        performing projects to higher performing projects:  Provided 
        further, <<NOTE: Incentives.>>  That the Secretary shall provide 
        incentives to create projects that coordinate with housing 
        providers and healthcare organizations to provide permanent 
        supportive housing and rapid re-housing services:  Provided 
        further, That of the amounts made available for the Continuum of 
        Care program under this paragraph, not less than $52,000,000 
        shall be for grants for new rapid re-housing projects and 
        supportive service projects providing coordinated entry, and for 
        eligible activities that the Secretary determines to be critical 
        in order to assist survivors of domestic violence, dating 
        violence, sexual assault, or stalking:  Provided further, That 
        amounts made available for the Continuum of Care program under 
        this heading in this Act and any remaining unobligated balances 
        from prior Acts may be used to competitively or non-
        competitively renew or replace grants for youth homeless 
        demonstration projects under the Continuum of Care program, 
        notwithstanding any conflict with the requirements of the 
        Continuum of Care program;
            (3) $7,000,000 shall be for the national homeless data 
        analysis project:  
        Provided, <<NOTE: Contracts. Determination.>>  That 
        notwithstanding the provisions of the Federal Grant and 
        Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the 
        amounts made available under this paragraph and any remaining 
        unobligated balances under this heading for such purposes in 
        prior Acts may be used by the Secretary to enter into 
        cooperative agreements with such entities as may be determined 
        by the Secretary, including public and private organizations, 
        agencies, and institutions; and
            (4) $107,000,000 shall be to implement projects to 
        demonstrate how a comprehensive approach to serving homeless 
        youth, age 24 and under, in up to 25 communities with a priority 
        for communities with substantial rural populations in up to 
        eight locations, can dramatically reduce youth homelessness:  
        Provided, That of the amount made available under this 
        paragraph, not less than $25,000,000 shall be for youth 
        homelessness system improvement grants to support communities, 
        including but not limited to the communities assisted

[[Page 136 STAT. 744]]

        under the matter preceding this proviso, in establishing and 
        implementing a response system for youth homelessness, or for 
        improving their existing system:  Provided further, That of the 
        amount made available under this paragraph, up to $10,000,000 
        shall be to provide technical assistance to communities, 
        including but not limited to the communities assisted in the 
        preceding proviso and the matter preceding such proviso, on 
        improving system responses to youth homelessness, and 
        collection, analysis, use, and reporting of data and performance 
        measures under the comprehensive approaches to serve homeless 
        youth, in addition to and in coordination with other technical 
        assistance funds provided under this title:  Provided further, 
        That the Secretary may use up to 10 percent of the amount made 
        available under the preceding proviso to build the capacity of 
        current technical assistance providers or to train new technical 
        assistance providers with verifiable prior experience with 
        systems and programs for youth experiencing homelessness:

  Provided further, <<NOTE: Children, youth, and families.>>  That youth 
aged 24 and under seeking assistance under this heading shall not be 
required to provide third party documentation to establish their 
eligibility under subsection (a) or (b) of section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302) to receive services:  
Provided further, That unaccompanied youth aged 24 and under or families 
headed by youth aged 24 and under who are living in unsafe situations 
may be served by youth-serving providers funded under this heading:  
Provided further, That persons eligible under section 103(a)(5) of the 
McKinney-Vento Homeless Assistance Act may be served by any project 
funded under this heading to provide both transitional housing and rapid 
re-housing:  Provided further, That for all matching funds requirements 
applicable to funds made available under this heading for this fiscal 
year and prior fiscal years, a grantee may use (or could have used) as a 
source of match funds other funds administered by the Secretary and 
other Federal agencies unless there is (or was) a specific statutory 
prohibition on any such use of any such funds:  Provided 
further, <<NOTE: Determination.>>  That none of the funds made available 
under this heading shall be available to provide funding for new 
projects, except for projects created through reallocation, unless the 
Secretary determines that the continuum of care has demonstrated that 
projects are evaluated and ranked based on the degree to which they 
improve the continuum of care's system performance:  Provided 
further, <<NOTE: Time period.>>  That any unobligated amounts remaining 
from funds made available under this heading in fiscal year 2012 and 
prior years for project-based rental assistance for rehabilitation 
projects with 10-year grant terms may be used for purposes under this 
heading, notwithstanding the purposes for which such funds were 
appropriated:  Provided further, That unobligated balances, including 
recaptures and carryover, remaining from funds transferred to or 
appropriated under this heading in fiscal year 2019 or prior years, 
except for rental assistance amounts that were recaptured and made 
available until expended, shall be available for the current purposes 
authorized under this heading in addition to the purposes for which such 
funds originally were appropriated.

[[Page 136 STAT. 745]]

                            Housing Programs

project-based rental assistance <<NOTE: Contracts.>> 

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C. 
1437 et seq.) (``the Act''), not otherwise provided for, 
$13,540,000,000, to remain available until expended, shall be available 
on October 1, 2021 (in addition to the $400,000,000 previously 
appropriated under this heading that became available October 1, 2021), 
and $400,000,000, to remain available until expended, shall be available 
on October 1, 2022:  Provided, That the amounts made available under 
this heading shall be available for expiring or terminating section 8 
project-based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for amendments to section 8 project-based 
subsidy contracts (including section 8 moderate rehabilitation 
contracts), for contracts entered into pursuant to section 441 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of 
section 8 contracts for units in projects that are subject to approved 
plans of action under the Emergency Low Income Housing Preservation Act 
of 1987 or the Low-Income Housing Preservation and Resident 
Homeownership Act of 1990, and for administrative and other expenses 
associated with project-based activities and assistance funded under 
this heading:  Provided further, That of the total amounts provided 
under this heading, not to exceed $355,000,000 shall be available for 
performance-based contract administrators for section 8 project-based 
assistance, for carrying out 42 U.S.C. 1437(f):  Provided further, That 
the Secretary may also use such amounts in the preceding proviso for 
performance-based contract administrators for the administration of: 
interest reduction payments pursuant to section 236(a) of the National 
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to 
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 
1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly under 
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project 
rental assistance contracts for supportive housing for persons with 
disabilities under section 811(d)(2) of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance 
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public 
Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing 
Act of 1959 (Public Law 86-372; 73 Stat. 667):  Provided further, That 
amounts recaptured under this heading, the heading ``Annual 
Contributions for Assisted Housing'', or the heading ``Housing 
Certificate Fund'', may be used for renewals of or amendments to section 
8 project-based contracts or for performance-based contract 
administrators, notwithstanding the purposes for which such amounts were 
appropriated:  Provided further, <<NOTE: Determination.>>  That, 
notwithstanding any other provision of law, upon the request of the 
Secretary, project funds that are held in residual receipts accounts for 
any project subject to a section 8 project-based Housing Assistance 
Payments contract that authorizes the Department or a housing finance 
agency to require that surplus project funds be deposited in an 
interest-bearing residual receipts account and that are in excess of an 
amount to be determined by the Secretary, shall be remitted to the 
Department and deposited in this account,

[[Page 136 STAT. 746]]

to be available until expended:  Provided further, That amounts 
deposited pursuant to the preceding proviso shall be available in 
addition to the amount otherwise provided by this heading for uses 
authorized under this heading.

                         housing for the elderly

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 5-year term, for senior 
preservation rental assistance contracts, including renewals, as 
authorized by section 811(e) of the American Homeownership and Economic 
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive 
services associated with the housing, $1,033,000,000 to remain available 
until September 30, 2025:  Provided, That of the amount made available 
under this heading, up to $125,000,000 shall be for service coordinators 
and the continuation of existing congregate service grants for residents 
of assisted housing projects:  Provided further, <<NOTE: Deadline.>>  
That any funding for existing service coordinators under the preceding 
proviso shall be provided within 120 days of enactment of this Act:  
Provided further, That amounts made available under this heading shall 
be available for Real Estate Assessment Center inspections and 
inspection-related activities associated with section 202 projects:  
Provided further, That the Secretary <<NOTE: Waiver authority. Time 
period.>>  may waive the provisions of section 202 governing the terms 
and conditions of project rental assistance, except that the initial 
contract term for such assistance shall not exceed 5 years in duration:  
Provided further, <<NOTE: Determination.>>  That upon request of the 
Secretary, project funds that are held in residual receipts accounts for 
any project subject to a section 202 project rental assistance contract, 
and that upon termination of such contract are in excess of an amount to 
be determined by the Secretary, shall be remitted to the Department and 
deposited in this account, to remain available until September 30, 2025: 
 Provided further, That amounts deposited in this account pursuant to 
the preceding proviso shall be available, in addition to the amounts 
otherwise provided by this heading, for the purposes authorized under 
this heading:  Provided further, That unobligated balances, including 
recaptures and carryover, remaining from funds transferred to or 
appropriated under this heading shall be available for the current 
purposes authorized under this heading in addition to the purposes for 
which such funds originally were appropriated:  Provided further, That 
of the total amount made available under this heading, up to $10,000,000 
shall be used to expand the supply of intergenerational dwelling units 
(as such term is defined in section 202 of the Legacy Act of 2003 (12 
U.S.C. 1701q note)) for elderly caregivers raising children:  Provided 
further, <<NOTE: Waiver authority.>>  That for the purposes of the 
preceding proviso the Secretary may waive, or specify alternative 
requirements for, any provision of section 202 of the Housing Act of 
1959 (12 U.S.C. 1701q) in order to facilitate the development of such 
units, except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment:  Provided 
further, That of the total amount made available under this heading,

[[Page 136 STAT. 747]]

up to $6,000,000 shall be used by the Secretary to support preservation 
transactions of housing for the elderly originally developed with a 
capital advance and assisted by a project rental assistance contract 
under the provisions of section 202(c) of the Housing Act of 1959.

                  housing for persons with disabilities

    For capital advances, including amendments to capital advance 
contracts, for supportive housing for persons with disabilities, as 
authorized by section 811 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013), for project rental assistance for 
supportive housing for persons with disabilities under section 811(d)(2) 
of such Act, for project assistance contracts pursuant to subsection (h) 
of section 202 of the Housing Act of 1959, as added by section 205(a) of 
the Housing and Community Development Amendments of 1978 (Public Law 95-
557: 92 Stat. 2090), including amendments to contracts for such 
assistance and renewal of expiring contracts for such assistance for up 
to a 1-year term, for project rental assistance to State housing finance 
agencies and other appropriate entities as authorized under section 
811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, and 
for supportive services associated with the housing for persons with 
disabilities as authorized by section 811(b)(1) of such Act, 
$352,000,000, to remain available until September 30, 2025:  Provided, 
That amounts made available under this heading shall be available for 
Real Estate Assessment Center inspections and inspection-related 
activities associated with section 811 projects:  Provided 
further, <<NOTE: Determination.>>  That, upon the request of the 
Secretary, project funds that are held in residual receipts accounts for 
any project subject to a section 811 project rental assistance contract, 
and that upon termination of such contract are in excess of an amount to 
be determined by the Secretary, shall be remitted to the Department and 
deposited in this account, to remain available until September 30, 2025: 
 Provided further, That amounts deposited in this account pursuant to 
the preceding proviso shall be available in addition to the amounts 
otherwise provided by this heading for the purposes authorized under 
this heading:  Provided further, That unobligated balances, including 
recaptures and carryover, remaining from funds transferred to or 
appropriated under this heading shall be used for the current purposes 
authorized under this heading in addition to the purposes for which such 
funds originally were appropriated.

                      housing counseling assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act of 
1968, as amended, $57,500,000, to remain available until September 30, 
2023, including up to $4,500,000 for administrative contract services:  
Provided, That funds shall be used for providing counseling and advice 
to tenants and homeowners, both current and prospective, with respect to 
property maintenance, financial management or literacy, and such other 
matters as may be appropriate to assist them in improving their housing 
conditions, meeting their financial needs, and fulfilling the 
responsibilities of tenancy or homeownership; for program 
administration; and for housing counselor training:  Provided 
further, <<NOTE: Contracts.>>  That for purposes of awarding grants from 
amounts provided under this heading,

[[Page 136 STAT. 748]]

the Secretary may enter into multiyear agreements, as appropriate, 
subject to the availability of annual appropriations.

             payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et 
seq.), up to $14,000,000, to remain available until expended, of which 
$14,000,000 shall be derived from the Manufactured Housing Fees Trust 
Fund (established under section 620(e) of such Act (42 U.S.C. 5419(e)):  
Provided, That not to exceed the total amount appropriated under this 
heading shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures pending the 
receipt of collections to the Fund pursuant to section 620 of such Act:  
Provided further, That the amount made available under this heading from 
the general fund shall be reduced as such collections are received 
during fiscal year 2022 so as to result in a final fiscal year 2022 
appropriation from the general fund estimated at zero, and fees pursuant 
to such section 620 shall be modified as necessary to ensure such a 
final fiscal year 2022 appropriation:  Provided 
further, <<NOTE: Fees.>>  That for the dispute resolution and 
installation programs, the Secretary may assess and collect fees from 
any program participant:  Provided further, That such collections shall 
be deposited into the Trust Fund, and the Secretary, as provided herein, 
may use such collections, as well as fees collected under section 620 of 
such Act, for necessary expenses of such Act:  Provided further, That, 
notwithstanding the requirements of section 620 of such Act, the 
Secretary may carry out responsibilities of the Secretary under such Act 
through the use of approved service providers that are paid directly by 
the recipients of their services.

                     Federal Housing Administration

                mutual mortgage insurance program account

    New commitments to guarantee single family loans insured under the 
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to 
remain available until September 30, 2023:  Provided, That during fiscal 
year 2022, obligations to make direct loans to carry out the purposes of 
section 204(g) of the National Housing Act, as amended, shall not exceed 
$1,000,000:  Provided further, That the foregoing amount in the 
preceding proviso shall be for loans to nonprofit and governmental 
entities in connection with sales of single family real properties owned 
by the Secretary and formerly insured under the Mutual Mortgage 
Insurance Fund:  Provided further, That for administrative contract 
expenses of the Federal Housing Administration, $150,000,000, to remain 
available until September 30, 2023:  Provided further, <<NOTE: Effective 
date.>>  That to the extent guaranteed loan commitments exceed 
$200,000,000,000 on or before April 1, 2022, an additional $1,400 for 
administrative contract expenses shall be available for each $1,000,000 
in additional guaranteed loan commitments (including a pro rata amount 
for any amount below $1,000,000), but in no case shall funds made 
available by this proviso exceed $30,000,000:  Provided further, That 
notwithstanding the limitation in the first sentence of section 255(g) 
of the National Housing Act (12 U.S.C. 1715z-20(g)), during fiscal

[[Page 136 STAT. 749]]

year 2022 the Secretary may insure and enter into new commitments to 
insure mortgages under section 255 of the National Housing Act only to 
the extent that the net credit subsidy cost for such insurance does not 
exceed zero.

                general and special risk program account

    New commitments to guarantee loans insured under the General and 
Special Risk Insurance Funds, as authorized by sections 238 and 519 of 
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed 
$30,000,000,000 in total loan principal, any part of which is to be 
guaranteed, to remain available until September 30, 2023:  Provided, 
That during fiscal year 2022, gross obligations for the principal amount 
of direct loans, as authorized by sections 204(g), 207(l), 238, and 
519(a) of the National Housing Act, shall not exceed $1,000,000, which 
shall be for loans to nonprofit and governmental entities in connection 
with the sale of single family real properties owned by the Secretary 
and formerly insured under such Act.

                Government National Mortgage Association

 guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), 
shall not exceed $900,000,000,000, to remain available until September 
30, 2023:  Provided, That $33,500,000, to remain available until 
September 30, 2023, shall be for necessary salaries and expenses of the 
Government National Mortgage Association:  Provided 
further, <<NOTE: Time period. Effective date.>>  That to the extent that 
guaranteed loan commitments exceed $155,000,000,000 on or before April 
1, 2022, an additional $100 for necessary salaries and expenses shall be 
available until expended for each $1,000,000 in additional guaranteed 
loan commitments (including a pro rata amount for any amount below 
$1,000,000), but in no case shall funds made available by this proviso 
exceed $3,000,000:  Provided further, <<NOTE: Fees.>>  That receipts 
from Commitment and Multiclass fees collected pursuant to title III of 
the National Housing Act (12 U.S.C. 1716 et seq.) shall be credited as 
offsetting collections to this account.

                     Policy Development and Research

                         research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, and for technical assistance, $125,400,000, to remain available 
until September 30, 2023:  Provided, <<NOTE: Contracts.>>  That with 
respect to amounts made available under this heading, notwithstanding 
section 203 of this title, the Secretary may enter into cooperative 
agreements with philanthropic entities, other Federal agencies, State or 
local governments and their agencies, Indian

[[Page 136 STAT. 750]]

Tribes, tribally designated housing entities, or colleges or 
universities for research projects:  Provided 
further, <<NOTE: Contribution.>>  That with respect to the preceding 
proviso, such partners to the cooperative agreements shall contribute at 
least a 50 percent match toward the cost of the project:  Provided 
further, <<NOTE: Compliance.>>  That for non-competitive agreements 
entered into in accordance with the preceding two provisos, the 
Secretary shall comply with section 2(b) of the Federal Funding 
Accountability and Transparency Act of 2006 (Public Law 109-282, 31 
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) of the 
Department of Housing and Urban Development Reform Act of 1989 (42 
U.S.C. 3545(a)(4)(C)) with respect to documentation of award decisions:  
Provided further, <<NOTE: Plan. Allocation. Deadline.>>  That prior to 
obligation of technical assistance funding, the Secretary shall submit a 
plan to the House and Senate Committees on Appropriations on how the 
Secretary will allocate funding for this activity at least 30 days prior 
to obligation:  Provided further, That none of the funds provided under 
this heading may be available for the doctoral dissertation research 
grant program:  Provided further, That an additional $20,000,000, to 
remain available until September 30, 2024, shall be for competitive 
grants to nonprofit or governmental entities to provide legal assistance 
(including assistance related to pretrial activities, trial activities, 
post-trial activities and alternative dispute resolution) at no cost to 
eligible low-income tenants at risk of or subject to eviction:  Provided 
further, That in awarding grants under the preceding proviso, the 
Secretary shall give preference to applicants that include a marketing 
strategy for residents of areas with high rates of eviction, have 
experience providing no-cost legal assistance to low-income individuals, 
including those with limited English proficiency or disabilities, and 
have sufficient capacity to administer such assistance, and may select 
unfunded or partially funded eligible applicants identified in the 
previous competition:  Provided further, <<NOTE: Urban and rural 
areas.>>  That the Secretary shall ensure, to the extent practicable, 
that the proportion of eligible tenants living in rural areas who will 
receive legal assistance with grant funds made available under this 
heading is not less than the overall proportion of eligible tenants who 
live in rural areas.

                   Fair Housing and Equal Opportunity

                         fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968 (42 
U.S.C. 3601 et seq.), and section 561 of the Housing and Community 
Development Act of 1987 (42 U.S.C. 3616a), $85,000,000, to remain 
available until September 30, 2023:  Provided, <<NOTE: Fees.>>  That 
notwithstanding section 3302 of title 31, United States Code, the 
Secretary may assess and collect fees to cover the costs of the Fair 
Housing Training Academy, and may use such funds to develop on-line 
courses and provide such training:  Provided 
further, <<NOTE: Lobbying.>>  That none of the funds made available 
under this heading may be used to lobby the executive or legislative 
branches of the Federal Government in connection with a specific 
contract, grant, or loan:  Provided further, That of the funds made 
available under this heading, $1,000,000 shall be available to the 
Secretary for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
English

[[Page 136 STAT. 751]]

proficiency in utilizing the services provided by the Department of 
Housing and Urban Development.

             Office of Lead Hazard Control and Healthy Homes

                          lead hazard reduction

                      (including transfer of funds)

    For the Lead Hazard Reduction Program, as authorized by section 1011 
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 
U.S.C. 4852), and for related activities and assistance, $415,000,000, 
to remain available until September 30, 2024:  Provided, That the 
amounts made available under this heading are provided as follows:
            (1) $290,000,000 shall be for the award of grants pursuant 
        to such section 1011, of which not less than $95,000,000 shall 
        be provided to areas with the highest lead-based paint abatement 
        needs;
            (2) $90,000,000 shall be for the Healthy Homes Initiative, 
        pursuant to sections 501 and 502 of the Housing and Urban 
        Development Act of 1970, which shall include research, studies, 
        testing, and demonstration efforts, including education and 
        outreach concerning lead-based paint poisoning and other 
        housing-related diseases and hazards, and mitigating housing-
        related health and safety hazards in housing of low-income 
        families, of which--
                    (A) $5,000,000 of such amounts shall be for the 
                implementation of projects in up to five communities 
                that are served by both the Healthy Homes Initiative and 
                the Department of Energy weatherization programs to 
                demonstrate whether the coordination of Healthy Homes 
                remediation activities with weatherization activities 
                achieves cost savings and better outcomes in improving 
                the safety and quality of homes; and
                    (B) $15,000,000 of such amounts shall be for grants 
                to experienced non-profit organizations, States, local 
                governments, or public housing agencies for safety and 
                functional home modification repairs and renovations to 
                meet the needs of low-income elderly homeowners to 
                enable them to remain in their primary residence:  
                Provided, That of the total amount made available under 
                this subparagraph no less than $5,000,000 shall be 
                available to meet such needs in communities with 
                substantial rural populations;
            (3) $5,000,000 shall be for the award of grants and 
        contracts for research pursuant to sections 1051 and 1052 of the 
        Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 
        U.S.C. 4854, 4854a);
            (4) Up to $2,000,000 in total of the amounts made available 
        under paragraphs (2) and (3) may be transferred to the heading 
        ``Research and Technology'' for the purposes of conducting 
        research and studies and for use in accordance with the provisos 
        under that heading for non-competitive agreements;
            (5) $25,000,000 shall be for a lead-risk assessment 
        demonstration for public housing agencies to conduct lead hazard 
        screenings or lead-risk assessments during housing quality

[[Page 136 STAT. 752]]

        standards inspections of units in which a family receiving 
        assistance under section 8(o) of the U.S. Housing Act of 1937 
        (42 U.S.C. 1437f(o)) resides or expects to reside, and has or 
        expects to have a child under age 6 residing in the unit, while 
        preserving rental housing availability and affordability; and
            (6) $5,000,000 shall be for grants for a radon testing and 
        mitigation safety demonstration program (the radon 
        demonstration) in public housing:  Provided, That the testing 
        method, mitigation method, or action level used under the radon 
        demonstration shall be as specified by applicable state or local 
        law, if such law is more protective of human health or the 
        environment than the method or level specified by the Secretary:

  Provided further, That for purposes of environmental review, pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other provisions of law that further the purposes of such Act, 
a grant under the Healthy Homes Initiative, or the Lead Technical 
Studies program, or other demonstrations or programs under this heading 
or under prior appropriations Acts for such purposes under this heading, 
or under the heading ``Housing for the Elderly'' under prior 
Appropriations Acts, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily Housing 
Property Disposition Reform Act of 1994:  Provided 
further, <<NOTE: Certification. Notice.>>  That each applicant for a 
grant or cooperative agreement under this heading shall certify adequate 
capacity that is acceptable to the Secretary to carry out the proposed 
use of funds pursuant to a notice of funding opportunity:  Provided 
further, That amounts made available under this heading, except for 
amounts in paragraphs (2)(B) for home modification repairs and 
renovations, in this or prior appropriations Acts, still remaining 
available, may be used for any purpose under this heading 
notwithstanding the purpose for which such amounts were appropriated if 
a program competition is undersubscribed and there are other program 
competitions under this heading that are oversubscribed.

                       Information Technology Fund

    For Department-wide and program-specific information technology 
systems and infrastructure, $323,200,000, to remain available until 
September 30, 2024, of which up to $40,000,000 shall be for development, 
modernization, and enhancement projects, including planning for such 
projects:  Provided, <<NOTE: Plan.>>  That not more than 10 percent of 
the funds made available under this heading for development, 
modernization, and enhancement may be obligated until the Secretary 
submits and the House and Senate Committees on Appropriations approve a 
plan that--
            (1) identifies for each development, modernization, and 
        enhancement project to be funded from available balances, 
        including carryover--
                    (A) plain language summaries of the project scope;
                    (B) the estimated total project cost; and
                    (C) key milestones to be met; and
            (2) identifies for each major modernization project--
                    (A) the functional and performance capabilities to 
                be delivered and the mission benefits to be realized;
                    (B) the estimated life-cycle cost;

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[[Page 136 STAT. 789]]



[[Page 136 STAT. 790]]

                    (A) In general.--As a condition for continuing to 
                market a product described in paragraph (1) after the 
                60-dayperiod specified in such paragraph, during the 30-
                day period beginning on the effective date specified in 
                subsection (c), the manufacturer shall submit a new 
                tobacco product application under section 910(b) of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j(b)) 
                with respect to such product.
                    (B) Transition period.--Except as provided in 
                subparagraph (C), with respect to a tobacco product for 
                which an application is submitted as described in 
                subparagraph (A), the manufacturer of such product may 
                continue to market such product during the 90-day period 
                beginning on the effective date specified in subsection 
                (c).
                    (C) Exception.--If the Secretary of Health and Human 
                Services previously denied an application under section 
                910(c)(2) of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 387j(c)(2)), refused to file an application 
                under section 910(b) of such Act, or withdrew an order 
                under section 910(d) of such Act for a previous version 
                of a tobacco product that used nicotine made or derived 
                from tobacco, such product is not eligible for continued 
                marketing under subparagraph (B).
            (3) End of transition period.--Beginning on the date that is 
        90 days after the effective date specified in subsection (c), a 
        tobacco product described in paragraph (1) (including such a 
        tobacco product that is the subject of a pending application 
        under section 910 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 387j)) is in violation of such section 910 if such 
        tobacco product does not have an order in effect under 
        subsection (c)(1)(A)(i) of such section.

    (e) <<NOTE: Effective date. Definition. 21 USC 321 note.>>  
Applicability of Existing Requirements for Tobacco Products.--Effective 
30 days after the date of enactment of this Act, with respect to any 
regulation promulgated or related guidance issued, in whole or part, 
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) 
before the date that is 30 days after such date of enactment, the term 
``tobacco product'' shall have the meaning of, and shall be deemed 
amended to reflect the meaning of, such term as defined in section 
201(rr) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)), 
as amended by subsection (a). Products that are tobacco products under 
such section 201(rr), as so amended, shall be subject to all 
requirements of regulations for tobacco products. 
The <<NOTE: Notice. Federal Register, publication.>>  Secretary of 
Health and Human Services shall publish a notice in the Federal Register 
to update the Code of Federal Regulations to reflect such deemed 
amendment to existing regulations and guidance.

    (f) Technical Achievability.--Section 907(b)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 387g(b)(1)) is amended by inserting 
before the period at the end the following: ``, including with regard to 
any differences related to the technical achievability of compliance 
with such standard for products in the same class containing nicotine 
not made or derived from tobacco and products containing nicotine made 
or derived from tobacco''.
SEC. 112. <<NOTE: 21 USC 387v.>>  REPORTING ON TOBACCO REGULATION 
                        ACTIVITIES.

    (a) In General.--For fiscal year 2022 and each subsequent fiscal 
year for which fees are collected under section 919 of the

[[Page 136 STAT. 791]]

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s), the Secretary of 
Health and Human Services shall, not later than 180 days after the end 
of the fiscal year, prepare and submit to the Committee on Energy and 
Commerce and the Committee on Appropriations of the House of 
Representatives, and the Committee on Health, Education, Labor, and 
Pensions and the Committee on Appropriations of the Senate, an annual 
report that contains the information required under subsection (b).
    (b) Required Information.--Each report submitted under subsection 
(a) shall contain the following information for the previous fiscal 
year:
            (1) Total annual user fee collections.
            (2) Total amount of fees obligated.
            (3) The amount of unobligated carryover balance from fees 
        collected.
            (4) The amount obligated by the Center for Tobacco Products 
        for each of the following activities:
                    (A) Compliance and enforcement.
                    (B) Public education campaigns.
                    (C) Scientific research and research infrastructure.
                    (D) Communications.
                    (E) Leadership, management oversight, and 
                administrative services.
                    (F) Related overhead activities.
            (5) The numbers of applications, categorized by class of 
        tobacco product and review pathway under sections 905, 910, and 
        911 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387e; 
        387j; 387k), that were--
                    (A) submitted;
                    (B) pending;
                    (C) accepted;
                    (D) refused to file;
                    (E) withdrawn;
                    (F) denied;
                    (G) authorized for marketing under an order;
                    (H) issued a deficiency letter or environmental 
                information request letter; or
                    (I) referred to the Tobacco Products Scientific 
                Advisory Committee.
            (6) The number and titles of draft and final guidance 
        documents and proposed and final regulations issued on topics 
        related to the process for the review of tobacco product 
        applications, whether such regulations and guidance documents 
        were issued as required by statute or by other legal or 
        regulatory requirements, and whether the issuance met the 
        deadlines set forth by the applicable statute or other 
        requirements.
            (7) The number and titles of public meetings related to the 
        review of tobacco product applications by the Center for Tobacco 
        Products or other offices or centers within the Food and Drug 
        Administration.
            (8) The number of pre-submission meetings relating to 
        applications under section 910 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 387j), including the number of meeting 
        requests received, the number of meetings held, and the median 
        amount of time between when such meeting requests were made and 
        when the requests were granted or denied.

[[Page 136 STAT. 792]]

            (9) The number of full-time equivalent employees funded 
        pursuant to fees collected under section 919 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 387s), including 
        identification of the centers and offices within the Food and 
        Drug Administration in which such positions are located.
            (10) The number of inspections and investigations conducted 
        at domestic and foreign establishments required to register 
        under section 905 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 387e).
            (11) The total number of compliance and enforcement actions 
        issued or taken with respect to tobacco products, including 
        warning letters, civil money penalties, no-tobacco-sale orders, 
        and other enforcement actions (including seizures, injunctions, 
        and criminal prosecution).

    (c) <<NOTE: Web posting.>>  Public Availability.--The Secretary of 
Health and Human Services shall make the reports required under this 
section available to the public on the website of the Food and Drug 
Administration.

    (d) <<NOTE: Estimates.>>  Limitations.--Reporting under this section 
shall include best estimates for any reporting category for which the 
Food and Drug Administration does not have precise calculations. 
Such <<NOTE: Updates. Procedures.>>  best estimates shall be accompanied 
with an explanatory statement for why the Food and Drug Administration 
does not have access to, or cannot calculate, the exact figure and a 
date by which the Food and Drug Administration will update its internal 
accounting procedures to allow for such reporting. If a category is 
successfully reported by the Food and Drug Administration with regard to 
another type of user fee but is provided a best estimate by the Center 
for Tobacco Products, the explanatory statement shall include 
information regarding how the Food and Drug Administration will align 
systems and apply learning across the agency to allow for accurate 
reporting.

                    Subtitle C--Drug Discount Program

SEC. 121. <<NOTE: 42 USC 256b note.>>  ELIGIBILITY EXCEPTION FOR 
                        THE DRUG DISCOUNT PROGRAM DUE TO THE 
                        COVID-19 PUBLIC HEALTH EMERGENCY.

    (a) <<NOTE: Time periods.>>  In General.--Notwithstanding any other 
provision of law, in the case of a hospital described in subsection (b) 
that, with respect to cost reporting periods that begin during fiscal 
year 2020 or a subsequent fiscal year, but do not end after December 31, 
2022, does not meet the applicable requirement for the disproportionate 
share adjustment percentage described in subsection (c) by reason of the 
COVID-19 public health emergency, but otherwise meets the requirements 
for being a covered entity under subparagraph (L), (M), or (O) of 
subsection (a)(4) of section 340B of the Public Health Service Act (42 
U.S.C. 256b) and is in compliance with all other requirements of the 
program under such section, shall be deemed a covered entity for 
purposes of such section for the period--
            (1) beginning on the date of the enactment of this Act (or, 
        if later, with the first of such cost reporting periods for 
        which the hospital does not so meet such applicable requirement 
        for the disproportionate share adjustment percentage, but 
        otherwise meets all other such requirements for being such a 
        covered entity and of such program); and

[[Page 136 STAT. 793]]

            (2) ending with the last of such cost reporting periods 
        (ending not later than December 31, 2022) for which the hospital 
        does not so meet such applicable requirement for the 
        disproportionate share adjustment percentage, but otherwise 
        meets all other such requirements for being such a covered 
        entity and of such program.

    (b) Hospitals.--A hospital described in this subsection is an entity 
that, on the day before the first day of the COVID-19 public health 
emergency, was a covered entity described in subparagraph (L), (M), or 
(O) of subsection (a)(4) of section 340B of the Public Health Service 
Act participating in the drug discount program under such section.
    (c) Applicable Requirement for Disproportionate Share Adjustment 
Percentage.--The applicable requirement for the disproportionate share 
adjustment percentage described in this subsection is--
            (1) in the case of a hospital described in subsection (a) 
        that otherwise meets the requirements under subparagraph (L) or 
        (M) of section 340B(a)(4) of the Public Health Service Act, the 
        requirement under subparagraph (L)(ii) of such section; and
            (2) in the case of a hospital described in subsection (a) 
        that otherwise meets the requirements under subparagraph (O) of 
        such section 340B(a)(4), the requirement with respect to the 
        disproportionate share adjustment percentage described in such 
        subparagraph (O).

    (d) Self-attestation.--
            (1) <<NOTE: Deadlines.>>  In general.--A hospital described 
        in subsection (a) that fails to meet the applicable requirement 
        for the disproportionate share adjustment percentage described 
        in subsection (c) shall, within 30 days of such failure, or in 
        the case of a hospital where such failure occurred prior to the 
        date of enactment of this Act but after the start of the COVID-
        19 public health emergency, within 30 days of the date of 
        enactment, provide to the Secretary of Health and Human Services 
        an attestation that contains information on any actions taken by 
        or other impact on such hospital in response to or as a result 
        of the COVID-19 public health emergency that may have impacted 
        the ability to meet the applicable requirement for the 
        disproportionate share adjustment percentage described in 
        subsection (c).
            (2) Paperwork reduction act.--Chapter 35 of title 44, United 
        States Code, shall not apply to the collection of information 
        provided pursuant to this subsection.

    (e) Definitions.--In this section:
            (1) Covered entity.--The term ``covered entity'' has the 
        meaning given such term in section 340B(a)(4) of the Public 
        Health Service Act (42 U.S.C. 256b(a)(4)).
            (2) Covid-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        declared by the Secretary of Health and Human Services under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d) on 
        January 31, 2020, with respect to COVID-19 (or any renewal of 
        such declaration).

[[Page 136 STAT. 794]]

             Subtitle D--Maternal Health Quality Improvement

             CHAPTER 1--IMPROVEMENTS TO MATERNAL HEALTH CARE

SEC. 131. INNOVATION FOR MATERNAL HEALTH.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 
is amended by inserting after section 330N of such Act, the following:
``SEC. 330O. <<NOTE: 42 USC 254c-21.>>  INNOVATION FOR MATERNAL 
                          HEALTH.

    ``(a) <<NOTE: Consultation. Grants.>>  In General.--The Secretary, 
in consultation with experts representing a variety of clinical 
specialties, State, Tribal, or local public health officials, 
researchers, epidemiologists, statisticians, and community 
organizations, shall establish or continue a program to award 
competitive grants to eligible entities for the purpose of--
            ``(1) identifying, developing, or disseminating best 
        practices to improve maternal health care quality and outcomes, 
        improve maternal and infant health, and eliminate preventable 
        maternal mortality and severe maternal morbidity, which may 
        include--
                    ``(A) information on evidence-based practices to 
                improve the quality and safety of maternal health care 
                in hospitals and other health care settings of a State 
                or health care system by addressing topics commonly 
                associated with health complications or risks related to 
                prenatal care, labor care, birthing, and postpartum 
                care;
                    ``(B) best practices for improving maternal health 
                care based on data findings and reviews conducted by a 
                State maternal mortality review committee that address 
                topics of relevance to common complications or health 
                risks related to prenatal care, labor care, birthing, 
                and postpartum care; and
                    ``(C) information on addressing determinants of 
                health that impact maternal health outcomes for women 
                before, during, and after pregnancy;
            ``(2) collaborating with State maternal mortality review 
        committees to identify issues for the development and 
        implementation of evidence-based practices to improve maternal 
        health outcomes and reduce preventable maternal mortality and 
        severe maternal morbidity, consistent with section 317K;
            ``(3) providing technical assistance and supporting the 
        implementation of best practices identified in paragraph (1) to 
        entities providing health care services to pregnant and 
        postpartum women; and
            ``(4) <<NOTE: Evaluation.>>  identifying, developing, and 
        evaluating new models of care that improve maternal and infant 
        health outcomes, which may include the integration of community-
        based services and clinical care.

    ``(b) Eligible Entities.--To be eligible for a grant under 
subsection (a), an entity shall--

[[Page 136 STAT. 795]]

            ``(1) <<NOTE: Application.>>  submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require; and
            ``(2) demonstrate in such application that the entity is 
        capable of carrying out data-driven maternal safety and quality 
        improvement initiatives in the areas of obstetrics and 
        gynecology or maternal health.

    ``(c) Report.--Not later than September 30, 2025, and every 2 years 
thereafter, the Secretary shall submit a report to Congress on the 
practices described in paragraphs (1) and (2) of subsection (a). Such 
report shall include a description of the extent to which such practices 
reduced preventable maternal mortality and severe maternal morbidity, 
and whether such practices improved maternal and infant health. The 
Secretary shall disseminate information on such practices, as 
appropriate.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $9,000,000 for each of fiscal 
years 2023 through 2027.''.
SEC. 132. TRAINING FOR HEALTH CARE PROVIDERS.

    Title VII of the Public Health Service Act is amended by striking 
section 763 (42 U.S.C. 294p) and inserting the following:
``SEC. 763. <<NOTE: 42 USC 294p.>>  TRAINING FOR HEALTH CARE 
                        PROVIDERS.

    ``(a) Grant Program.--The Secretary shall establish a program to 
award grants to accredited schools of allopathic medicine, osteopathic 
medicine, and nursing, and other health professional training programs 
for the training of health care professionals to improve the provision 
of prenatal care, labor care, birthing, and postpartum care for racial 
and ethnic minority populations, including with respect to perceptions 
and biases that may affect the approach to, and provision of, care.
    ``(b) <<NOTE: Application.>>  Eligibility.--To be eligible for a 
grant under subsection (a), an entity described in such subsection shall 
submit to the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require.

    ``(c) Reporting Requirements.--
            ``(1) Periodic grantee reports.--Each entity awarded a grant 
        under this section shall periodically submit to the Secretary a 
        report on the status of activities conducted using the grant, 
        including a description of the impact of such training on 
        patient outcomes, as applicable.
            ``(2) Report to congress.--Not later than September 30, 
        2026, the Secretary shall submit a report to Congress on the 
        activities conducted using grants under subsection (a) and any 
        best practices identified and disseminated under subsection (d).

    ``(d) Best Practices.--The Secretary may identify and disseminate 
best practices for the training described in subsection (a).
    ``(e) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $5,000,000 for each of fiscal 
years 2023 through 2027.''.
SEC. 133. <<NOTE: Contracts. Recommenda- tions.>>  STUDY ON 
                        IMPROVING TRAINING FOR HEALTH CARE 
                        PROVIDERS.

    Not later than 2 years after date of enactment of this Act, the 
Secretary of Health and Human Services shall, through a contract with an 
independent research organization, conduct a study

[[Page 136 STAT. 796]]

and make recommendations for accredited schools of allopathic medicine, 
osteopathic medicine, and nursing, and other health professional 
training programs on best practices related to training to improve the 
provision of prenatal care, labor care, birthing, and postpartum care 
for racial and ethnic minority populations, including with respect to 
perceptions and biases that may affect the approach to, and provision 
of, care.
SEC. 134. INTEGRATED SERVICES FOR PREGNANT AND POSTPARTUM WOMEN.

    (a) Grants.--Title III of the Public Health Service Act (42 U.S.C. 
241 et seq.) is amended by inserting after section 330O of such Act, as 
added by section 131, the following:
``SEC. 330P. <<NOTE: 42 USC 254c-22.>>  INTEGRATED SERVICES FOR 
                          PREGNANT AND POSTPARTUM WOMEN.

    ``(a) <<NOTE: Grants.>>  In General.--The Secretary may award grants 
for the purpose of establishing or operating evidence-based or 
innovative, evidence-informed programs to deliver integrated health care 
services to pregnant and postpartum women to optimize the health of 
women and their infants, including to reduce adverse maternal health 
outcomes, pregnancy-related deaths, and related health disparities 
(including such disparities associated with racial and ethnic minority 
populations), and, as appropriate, by addressing issues researched under 
subsection (b)(2) of section 317K.

    ``(b) Integrated Services for Pregnant and Postpartum Women.--
            ``(1) Eligibility.--To be eligible to receive a grant under 
        subsection (a), a State, Indian Tribe, or Tribal organization 
        (as such terms are defined in section 4 of the Indian Self-
        Determination and Education Assistance Act) shall work with 
        relevant stakeholders that coordinate care to develop and carry 
        out the program, including--
                    ``(A) State, Tribal, and local agencies responsible 
                for Medicaid, public health, social services, mental 
                health, and substance use disorder treatment and 
                services;
                    ``(B) health care providers who serve pregnant and 
                postpartum women; and
                    ``(C) community-based health organizations and 
                health workers, including providers of home visiting 
                services and individuals representing communities with 
                disproportionately high rates of maternal mortality and 
                severe maternal morbidity, and including those 
                representing racial and ethnic minority populations.
            ``(2) Terms.--
                    ``(A) Period.--A grant awarded under subsection (a) 
                shall be made for a period of 5 years. Any supplemental 
                award made to a grantee under subsection (a) may be made 
                for a period of less than 5 years.
                    ``(B) Priorities.--In awarding grants under 
                subsection (a), the Secretary shall--
                          ``(i) give priority to States, Indian Tribes, 
                      and Tribal organizations that have the highest 
                      rates of maternal mortality and severe maternal 
                      morbidity relative to other such States, Indian 
                      Tribes, or Tribal organizations, respectively; and
                          ``(ii) shall consider health disparities 
                      related to maternal mortality and severe maternal 
                      morbidity,

[[Page 136 STAT. 797]]

                      including such disparities associated with racial 
                      and ethnic minority populations.
                    ``(C) Evaluation.--The Secretary shall require 
                grantees to evaluate the outcomes of the programs 
                supported under the grant.

    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2023 through 2027.''.
    (b) Report on Grant Outcomes and Dissemination of Best Practices.--
            (1) Report.--Not later than February 1, 2027, the Secretary 
        of Health and Human Services shall submit to the Committee on 
        Health, Education, Labor, and Pensions of the Senate and the 
        Committee on Energy and Commerce of the House of Representatives 
        a report that describes--
                    (A) the outcomes of the activities supported by the 
                grants awarded under the amendments made by this section 
                on maternal and child health;
                    (B) best practices and models of care used by 
                recipients of grants under such amendments; and
                    (C) obstacles identified by recipients of grants 
                under such amendments, and strategies used by such 
                recipients to deliver care, improve maternal and child 
                health, and reduce health disparities.
            (2) <<NOTE: Deadline. 42 USC 254c-22 note.>>  Dissemination 
        of best practices.--Not later than August 1, 2027, the Secretary 
        of Health and Human Services shall disseminate information on 
        best practices and models of care used by recipients of grants 
        under the amendments made by this section (including best 
        practices and models of care relating to the reduction of health 
        disparities, including such disparities associated with racial 
        and ethnic minority populations, in rates of maternal mortality 
        and severe maternal morbidity) to relevant stakeholders, which 
        may include health providers, medical schools, nursing schools, 
        relevant State, Tribal, and local agencies, and the general 
        public.
SEC. 135. <<NOTE: 42 USC 245 note.>>  MATERNAL VACCINATION 
                        AWARENESS.

    In carrying out the public awareness initiative related to 
vaccinations pursuant to section 313 of the Public Health Service Act 
(42 U.S.C. 245), the Secretary of Health and Human Services shall take 
into consideration the importance of increasing awareness and knowledge 
of the safety and effectiveness of vaccines to prevent disease in 
pregnant and postpartum women and in infants and the need to improve 
vaccination rates in communities and populations with low rates of 
vaccination.

    CHAPTER 2--RURAL MATERNAL AND OBSTETRIC MODERNIZATION OF SERVICES

SEC. 141. IMPROVING RURAL MATERNAL AND OBSTETRIC CARE DATA.

    (a) Maternal Mortality and Morbidity Activities.--Section 301(e) of 
the Public Health Service Act (42 U.S.C. 241) is amended by inserting 
``, preventable maternal mortality and severe maternal morbidity,'' 
after ``delivery''.
    (b) Office of Women's Health.--Section 310A(b)(1) of the Public 
Health Service Act (42 U.S.C. 242s(b)(1)) is amended by striking ``and 
sociocultural contexts,'' and inserting ``sociocultural

[[Page 136 STAT. 798]]

(including among American Indians, Native Hawaiians, and Alaska 
Natives), and geographical contexts,''.
    (c) Safe Motherhood.--Section 317K of the Public Health Service Act 
(42 U.S.C. 247b-12) is amended--
            (1) in subsection (a)(2)(A), by inserting ``, including 
        improving disaggregation of data (in a manner consistent with 
        applicable State and Federal privacy laws)'' before the period; 
        and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (L), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (M) as 
                subparagraph (N); and
                    (C) by inserting after subparagraph (L) the 
                following:
                    ``(M) an examination of the relationship between 
                maternal health and obstetric services in rural areas 
                and outcomes in delivery and postpartum care; and''.

    (d) Office of Research on Women's Health.--Section 486(d)(4)(A)(iv) 
of the Public Health Service Act (42 U.S.C. 287d(d)(4)(A)(iv)) is 
amended by inserting ``, including preventable maternal mortality and 
severe maternal morbidity'' before the semicolon.
SEC. 142. RURAL OBSTETRIC NETWORK GRANTS.

    The Public Health Service Act is amended by inserting after section 
330A-1 of such Act (42 U.S.C. 254c-1a) the following:
``SEC. 330A-2. <<NOTE: Contracts. 42 USC 254c-1b.>>  RURAL 
                              OBSTETRIC NETWORK GRANTS.

    ``(a) Program Established.--The Secretary shall award grants or 
cooperative agreements to eligible entities to establish collaborative 
improvement and innovation networks (referred to in this section as 
`rural obstetric networks') to improve maternal and infant health 
outcomes and reduce preventable maternal mortality and severe maternal 
morbidity by improving maternity care and access to care in rural areas, 
frontier areas, maternity care health professional target areas, or 
jurisdictions of Indian Tribes and Tribal organizations.
    ``(b) Use of Funds.--Grants or cooperative agreements awarded 
pursuant to this section shall be used for the establishment or 
continuation of collaborative improvement and innovation networks to 
improve maternal and infant health outcomes and reduce preventable 
maternal mortality and severe maternal morbidity by improving prenatal 
care, labor care, birthing, and postpartum care services in rural areas. 
Rural obstetric networks established in accordance with this section 
may--
            ``(1) develop a network to improve coordination and increase 
        access to maternal health care and assist pregnant women in the 
        areas described in subsection (a) with accessing and utilizing 
        prenatal care, labor care, birthing, and postpartum care 
        services to improve outcomes in birth and maternal mortality and 
        morbidity;
            ``(2) identify and implement evidence-based and sustainable 
        delivery models for providing prenatal care, labor care, 
        birthing, and postpartum care services, including home visiting 
        programs and culturally appropriate care models that reduce 
        health disparities;
            ``(3) develop a model for maternal health care collaboration 
        between health care settings to improve access to care in areas

[[Page 136 STAT. 799]]

        described in subsection (a), which may include the use of 
        telehealth;
            ``(4) provide training for professionals in health care 
        settings that do not have specialty maternity care;
            ``(5) collaborate with academic institutions that can 
        provide regional expertise and help identify barriers to 
        providing maternal health care, including strategies for 
        addressing such barriers; and
            ``(6) <<NOTE: Assessment.>>  assess and address disparities 
        in infant and maternal health outcomes, including among racial 
        and ethnic minority populations and underserved populations in 
        such areas described in subsection (a).

    ``(c) Definitions.--In this section:
            ``(1) Eligible entities.--The term `eligible entities' means 
        entities providing prenatal care, labor care, birthing, and 
        postpartum care services in rural areas, frontier areas, or 
        medically underserved areas, or to medically underserved 
        populations or Indian Tribes or Tribal organizations.
            ``(2) Frontier area.--The term `frontier area' means a 
        frontier county, as defined in section 1886(d)(3)(E)(iii)(III) 
        of the Social Security Act.
            ``(3) Indian tribes; tribal organization.--The terms `Indian 
        Tribe' and `Tribal organization' have the meanings given the 
        terms `Indian tribe' and `tribal organization' in section 4 of 
        the Indian Self-Determination and Education Assistance Act.
            ``(4) Maternity care health professional target area.--The 
        term `maternity care health professional target area' has the 
        meaning described in section 332(k)(2).

    ``(d) Report to Congress.--Not later than September 30, 2026, the 
Secretary shall submit to Congress a report on activities supported by 
grants awarded under this section, including--
            ``(1) a description of activities conducted pursuant to 
        paragraphs (1) through (6) of subsection (b); and
            ``(2) <<NOTE: Analysis.>>  an analysis of the effects of 
        rural obstetric networks on improving maternal and infant health 
        outcomes.

    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2023 through 2027.''.
SEC. 143. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT 
                        PROGRAMS.

    Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is 
amended--
            (1) in subsection (f)(3), by adding at the end the 
        following:
                    ``(M) Providers of prenatal, labor care, birthing, 
                and postpartum care services, including hospitals that 
                operate obstetric care units.''; and
            (2) in subsection (h)(1)(B), by striking ``or prenatal care 
        for high-risk pregnancies'' and inserting ``prenatal care, labor 
        care, birthing care, or postpartum care''.
SEC. 144. RURAL MATERNAL AND OBSTETRIC CARE TRAINING 
                        DEMONSTRATION.

    Subpart 1 of part E of title VII of the Public Health Service Act 
(42 U.S.C. 294n et seq.) is amended by adding at the end the following:

[[Page 136 STAT. 800]]

``SEC. 764. <<NOTE: Grants. 42 USC 294s.>>  RURAL MATERNAL AND 
                        OBSTETRIC CARE TRAINING DEMONSTRATION.

    ``(a) In General.--The Secretary shall award grants to accredited 
schools of allopathic medicine, osteopathic medicine, and nursing, and 
other appropriate health professional training programs, to establish a 
training demonstration program to support--
            ``(1) training for physicians, medical residents, fellows, 
        nurse practitioners, physician assistants, nurses, certified 
        nurse midwives, relevant home visiting workforce professionals 
        and paraprofessionals, or other professionals who meet relevant 
        State training and licensing requirements, as applicable, to 
        reduce preventable maternal mortality and severe maternal 
        morbidity by improving prenatal care, labor care, birthing, and 
        postpartum care in rural community-based settings; and
            ``(2) developing recommendations for such training programs.

    ``(b) Application.--To be eligible to receive a grant under 
subsection (a), an entity shall submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary may require.
    ``(c) Activities.--
            ``(1) Training for health care professionals.-- A recipient 
        of a grant under subsection (a)--
                    ``(A) shall use the grant funds to plan, develop, 
                and operate a training program to provide prenatal care, 
                labor care, birthing, and postpartum care in rural 
                areas; and
                    ``(B) may use the grant funds to provide additional 
                support for the administration of the program or to meet 
                the costs of projects to establish, maintain, or improve 
                faculty development, or departments, divisions, or other 
                units necessary to implement such training.
            ``(2) Training program requirements.--The recipient of a 
        grant under subsection (a) shall ensure that training programs 
        carried out under the grant are evidence-based and address 
        improving prenatal care, labor care, birthing, and postpartum 
        care in rural areas, and such programs may include training on 
        topics such as--
                    ``(A) maternal mental health, including perinatal 
                depression and anxiety;
                    ``(B) substance use disorders;
                    ``(C) social determinants of health that affect 
                individuals living in rural areas; and
                    ``(D) improving the provision of prenatal care, 
                labor care, birthing, and postpartum care for racial and 
                ethnic minority populations, including with respect to 
                perceptions and biases that may affect the approach to, 
                and provision of, care.

    ``(d) Evaluation and Report.--
            ``(1) Evaluation.--
                    ``(A) In general.--The Secretary shall evaluate the 
                outcomes of the demonstration program under this 
                section.
                    ``(B) Data submission.--Recipients of a grant under 
                subsection (a) shall submit to the Secretary performance 
                metrics and other related data in order to evaluate the 
                program for the report described in paragraph (2).
            ``(2) <<NOTE: Analyses.>>  Report to congress.--Not later 
        than January 1, 2026, the Secretary shall submit to Congress a 
        report that includes--

[[Page 136 STAT. 801]]

                    ``(A) an analysis of the effects of the 
                demonstration program under this section on the quality, 
                quantity, and distribution of maternal health care 
                services, including prenatal care, labor care, birthing, 
                and postpartum care services, and the demographics of 
                the recipients of those services;
                    ``(B) an analysis of maternal and infant health 
                outcomes (including quality of care, morbidity, and 
                mortality) before and after implementation of the 
                program in the communities served by entities 
                participating in the demonstration; and
                    ``(C) <<NOTE: Recommenda- tions.>>  recommendations 
                on whether the demonstration program should be 
                continued.

    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2023 through 2027.''.

                Subtitle E--Fentanyl Scheduling Extension

SEC. 151. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED 
                        SUBSTANCES.

    Effective <<NOTE: Effective date.>>  as if included in the enactment 
of the Temporary Reauthorization and Study of the Emergency Scheduling 
of Fentanyl Analogues Act (Public Law 116-114), section 2 of such 
Act <<NOTE: Ante, p. 33.>>  is amended by striking ``March 15, 2022'' 
and inserting ``December 31, 2022''.

                    Subtitle F--Drug-Free Communities

SEC. 161. <<NOTE: 21 USC 1532 note.>>  WAIVER OF FEDERAL FUND 
                        LIMITATION FOR THE DRUG-FREE COMMUNITIES 
                        SUPPORT PROGRAM.

    (a) <<NOTE: Determination.>>  In General.--Subject to subsection 
(b), if the Administrator of the Drug-Free Communities Support Program 
determines that, as a result of the public health emergency declared 
pursuant to section 319 of the Public Health Service Act (42 U.S.C. 
247d) with respect to COVID-19, an eligible coalition is unable to raise 
the amount of non-Federal funds, including in-kind contributions, agreed 
to be raised by the coalition for fiscal year 2020, 2021, or 2022 under 
an agreement entered into with the Administrator pursuant to paragraph 
(1)(A) or (3) of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21 
U.S.C. 1532(b)), the Administrator may, notwithstanding such paragraphs, 
provide to the eligible coalition the grant or renewal grant, as 
applicable, for that fiscal year only in an amount--
            (1) with respect to an initial grant or renewal grant 
        described under paragraph (1)(A) or (3)(A) of such section, that 
        exceeds the amount of non-Federal funds raised by the eligible 
        coalition, including in-kind contributions, for that fiscal 
        year;
            (2) with respect to a renewal grant described under 
        paragraph (3)(D)(i) of such section, that exceeds 125 percent of 
        the amount of non-Federal funds raised by the eligible 
        coalition, including in-kind contributions, for that fiscal 
        year; and
            (3) with respect to a renewal grant described under 
        paragraph (3)(D)(ii) of such section, that exceeds 150 percent 
        of

[[Page 136 STAT. 802]]

        the amount of non-Federal funds raised by the eligible 
        coalition, including in-kind contributions, for that fiscal 
        year.

    (b) Limitation.--The Administrator may not provide a grant or 
renewal grant to an eligible coalition in an amount exceeding the amount 
of funds initially agreed to be provided by the Administrator under the 
applicable agreement.

                           TITLE II--MEDICAID

SEC. 201. CERTAIN MEDICAID EXTENSIONS FOR TERRITORIES.

    (a) Extending Increased FMAP.--Section 1905(ff) of the Social 
Security Act (42 U.S.C. 1396d(ff)) is amended--
            (1) in paragraph (2), by inserting ``and for the period 
        beginning January 1, 2022, and ending December 13, 2022'' after 
        ``and ending December 3, 2021,'' and
            (2) in paragraph (3), by striking ``March 11, 2022'' and 
        inserting ``December 13, 2022''.

    (b) Extending Additional Increase for Puerto Rico.--Section 1108(g) 
of the Social Security Act (42 U.S.C. 1308(g)) is amended by adding at 
the end the following new paragraph:
            ``(10) Additional increase for puerto rico for fiscal year 
        2022.--
                    ``(A) <<NOTE: Certification. Reimbursement. Plan.>>  
                In general.--Notwithstanding the preceding provisions of 
                this subsection, the total amount certified for Puerto 
                Rico for fiscal year 2022 under this subsection shall be 
                increased by $200,000,000 if the Secretary certifies 
                that, with respect to such fiscal year, Puerto Rico's 
                State plan under title XIX (or a waiver of such plan) 
                establishes a reimbursement floor, implemented through a 
                directed payment arrangement plan, for physician 
                services that are covered under the Medicare part B fee 
                schedule in the Puerto Rico locality established under 
                section 1848(b) that is not less than 70 percent of the 
                payment that would apply to such services if they were 
                furnished under part B of title XVIII during such fiscal 
                year.
                    ``(B) Application to managed care.--In certifying 
                whether Puerto Rico has established a reimbursement 
                floor under a directed payment arrangement plan that 
                satisfies the requirements of subparagraph (A) for 
                fiscal year 2022, the Secretary shall--
                          ``(i) disregard payments made under sub-
                      capitated arrangements for services such as 
                      primary care case management; and
                          ``(ii) if the reimbursement floor for 
                      physician services applicable under a managed care 
                      contract satisfies the requirements of 
                      subparagraph (A) for the fiscal year in which the 
                      contract is entered into or renewed, such 
                      reimbursement floor shall be deemed to satisfy 
                      such requirements for the subsequent fiscal 
                      year.''.

    (c) Puerto Rico Report on Procurement Processes and Standards Used 
for Contracting Under the Medicaid Program.--
            (1) Report required.--Not later than December 1, 2022, the 
        agency responsible for administering Puerto Rico's Medicaid 
        program under title XIX of the Social Security Act (42 U.S.C.

[[Page 136 STAT. 803]]

        1396 et seq.) shall submit to Congress a report on the 
        procurement processes and standards used for selecting contracts 
        under Puerto Rico's Medicaid program.
            (2) Information in report.--The report required under 
        paragraph (1) shall include the following:
                    (A) A detailed description of the procurement 
                processes and standards used for selecting contracts 
                under Puerto Rico's Medicaid program under title XIX of 
                the Social Security Act (42 U.S.C. 1396 et seq.), for 
                contracts in effect as of the date of the enactment of 
                this subsection.
                    (B) The number of contracts, and a description of 
                such contracts, for an amount greater than $150,000 as 
                of the date of the enactment of this subsection.
                    (C) Differences between the procurement processes 
                and standards for selecting contracts in place as of the 
                date of the enactment of this subsection, and the 
                Federal procurement standards (as described in sections 
                75.327, 75.328, and 75.329 of title 45, Code of Federal 
                Regulations) as of such date.
SEC. 202. INCREASING STATE FLEXIBILITY WITH RESPECT TO THIRD PARTY 
                        LIABILITY.

    (a) In General.--Section 1902(a)(25)(I) of the Social Security Act 
(42 U.S.C. 1396a(a)(25)(I)) is amended--
            (1) by amending clause (ii) to read as follows:
                          ``(ii)(I) accept the State's right of recovery 
                      and the assignment to the State of any right of an 
                      individual or other entity to payment from the 
                      party for an item or service for which payment has 
                      been made under the State plan (or under a waiver 
                      of such plan); and
                          ``(II) in the case of a responsible third 
                      party (other than the original medicare fee-for-
                      service program under parts A and B of title 
                      XVIII, a Medicare Advantage plan offered by a 
                      Medicare Advantage organization under part C of 
                      such title, a reasonable cost reimbursement plan 
                      under section 1876, a health care prepayment plan 
                      under section 1833, or a prescription drug plan 
                      offered by a PDP sponsor under part D of such 
                      title) that requires prior authorization for an 
                      item or service furnished to an individual 
                      eligible to receive medical assistance under this 
                      title, accept authorization provided by the State 
                      that the item or service is covered under the 
                      State plan (or waiver of such plan) for such 
                      individual, as if such authorization were the 
                      prior authorization made by the third party for 
                      such item or service;'';
            (2) in clause (iii)--
                    (A) by striking ``respond to any inquiry'' and 
                inserting ``not later than 60 days after receiving any 
                inquiry''; and
                    (B) by striking ``; and'' at the end and inserting 
                ``, respond to such inquiry; and''; and
            (3) in clause (iv)--
                    (A) by striking ``or a failure'' and inserting ``a 
                failure''; and
                    (B) by inserting after ``the basis of the claim'' 
                the following: ``, or in the case of a responsible third 
                party (other than the original medicare fee-for-service 
                program

[[Page 136 STAT. 804]]

                under parts A and B of title XVIII, a Medicare Advantage 
                plan offered by a Medicare Advantage organization under 
                part C of such title, a reasonable cost reimbursement 
                plan under section 1876, a health care prepayment plan 
                under section 1833, or a prescription drug plan offered 
                by a PDP sponsor under part D of such title) a failure 
                to obtain a prior authorization for the item or service 
                for which the claim is being submitted'';

    (b) <<NOTE: 42 USC 1396a note.>>  Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply beginning on January 
        1, 2024.
            (2) Exception if state legislation required.--In the case of 
        a State plan for medical assistance under title XIX of the 
        Social Security Act that the Secretary of Health and Human 
        Services determines requires State legislation (other than 
        legislation appropriating funds) in order for the plan to meet 
        the additional requirement imposed by the amendments made under 
        this section, the State plan shall not be regarded as failing to 
        comply with the requirements of such title solely on the basis 
        of its failure to meet this additional requirement before the 
        first day of the first calendar quarter beginning after the 
        close of the first regular session of the State legislature that 
        begins after the date of the enactment of this Act. For purposes 
        of the previous sentence, in the case of a State that has a 2-
        year legislative session, each year of such session shall be 
        deemed to be a separate regular session of the State 
        legislature.

                           TITLE III--MEDICARE

              Subtitle A--Telehealth Flexibility Extensions

SEC. 301. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING 
                        ORIGINATING SITES FOR TELEHEALTH SERVICES.

    (a) In General.--Section 1834(m) of the Social Security Act (42 
U.S.C. 1395m(m)) is amended--
            (1) in paragraph (4)(C)--
                    (A) in clause (i), in the matter preceding subclause 
                (I), by inserting ``clause (iii) and'' after ``Except as 
                provided in''; and
                    (B) by adding at the end the following new clause:
                          ``(iii) Expanding access to telehealth 
                      services.--With <<NOTE: Time 
                      period. Definition.>>  respect to telehealth 
                      services identified in subparagraph (F)(i) as of 
                      the date of the enactment of this clause that are 
                      furnished during the 151-day period beginning on 
                      the first day after the end of the emergency 
                      period described in section 1135(g)(1)(B), the 
                      term `originating site' means any site in the 
                      United States at which the eligible telehealth 
                      individual is located at the time the service is 
                      furnished via a telecommunications system, 
                      including the home of an individual.''; and

[[Page 136 STAT. 805]]

            (2) in paragraph (7)(A), by inserting ``or, for the period 
        for which clause (iii) of paragraph (4)(C) applies, at any site 
        described in such clause'' before the period at the end.

    (b) No Facility Fee for New Sites.--Section 1834(m)(2)(B) of the 
Social Security Act (42 U.S.C. 1395m(m)(2)(B)) is amended--
            (1) in clause (i), in the matter preceding subclause (I), by 
        striking ``clause (ii)'' and inserting ``clauses (ii) and 
        (iii)''; and
            (2) by adding at the end the following new clause:
                          ``(iii) <<NOTE: Time period.>>  No facility 
                      fee for new sites.--With respect to telehealth 
                      services identified in paragraph (4)(F)(i) as of 
                      the date of the enactment of this clause that are 
                      furnished during the 151-day period beginning on 
                      the first day after the end of the emergency 
                      period described in section 1135(g)(1)(B), a 
                      facility fee shall only be paid under this 
                      subparagraph to an originating site that is 
                      described in paragraph (4)(C)(ii) (other than 
                      subclause (X) of such paragraph).''.
SEC. 302. EXPANDING PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH 
                        SERVICES.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is 
amended--
            (1) in paragraph (1), by striking ``(described in section 
        1842(b)(18)(C))'' and inserting ``(as defined in paragraph 
        (4)(E))''; and
            (2) in paragraph (4)(E), by inserting ``and, for the 151-day 
        period beginning on the first day after the end of the emergency 
        period described in section 1135(g)(1)(B), shall include a 
        qualified occupational therapist (as such term is used in 
        section 1861(g)), a qualified physical therapist (as such term 
        is used in section 1861(p)), a qualified speech-language 
        pathologist (as defined in section 1861(ll)(4)(A)), and a 
        qualified audiologist (as defined in section 1861(ll)(4)(B))'' 
        after ``section 1842(b)(18)(C)''.
SEC. 303. EXTENDING TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED 
                        HEALTH CENTERS AND RURAL HEALTH CLINICS.

    Section 1834(m)(8) of the Social Security Act (42 U.S.C. 
1395m(m)(8)) is amended--
            (1) in the header, by striking ``during emergency period'';
            (2) in subparagraph (A), in the matter preceding clause (i), 
        by inserting ``and, during the 151-day period beginning on the 
        first day after the end of such emergency period'' after 
        ``During the emergency period described in section 
        1135(g)(1)(B)''; and
            (3) in subparagraph (B)(i), by striking ``such emergency 
        period'' and inserting ``the periods for which subparagraph (A) 
        applies''.
SEC. 304. DELAYING THE IN-PERSON REQUIREMENTS UNDER MEDICARE FOR 
                        MENTAL HEALTH SERVICES FURNISHED THROUGH 
                        TELEHEALTH AND TELECOMMUNICATIONS 
                        TECHNOLOGY.

    (a) Delay in Requirements for Mental Health Services Furnished 
Through Telehealth.--Section 1834(m)(7)(B)(i) of the Social Security Act 
(42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding 
subclause (I), by inserting ``on or after the

[[Page 136 STAT. 806]]

day that is the 152nd day after the end of the emergency period 
described in section 1135(g)(1)(B))'' after ``telehealth services 
furnished''.
    (b) Mental Health Visits Furnished by Rural Health Clinics.--Section 
1834(y) of the Social Security Act (42 U.S.C. 1395m(y)) is amended--
            (1) in the heading, by striking ``Attending Physician'' and 
        inserting ``Certain'';
            (2) by striking ``Hospice Patients.--In the case of'' and 
        inserting ``Hospice Patients.--
            ``(1) Attending physician services for hospice patients.--In 
        the case of''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Mental health visits furnished via telecommunications 
        technology.--In the case of mental health visits furnished via 
        interactive, real-time, audio and video telecommunications 
        technology or audio-only interactions, the in-person mental 
        health visit requirements established under section 
        405.2463(b)(3) of title 42 of the Code of Federal Regulations 
        (or a successor regulation) shall not apply prior to the day 
        that is the 152nd day after the end of the emergency period 
        described in section 1135(g)(1)(B)).''.

    (c) Mental Health Visits Furnished by Federally Qualified Health 
Centers.--Section 1834(o)(4) of the Social Security Act (42 U.S.C. 
1395m(o)(4)) is amended--
            (1) in the heading, by striking ``attending physician'' and 
        inserting ``certain'';
            (2) by striking ``hospice patients.--In the case of'' and 
        inserting ``hospice patients.--
                    ``(A) Attending physician services for hospice 
                patients.--In the case of''; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Mental health visits furnished via 
                telecommunications technology.--In the case of mental 
                health visits furnished via interactive, real-time, 
                audio and video telecommunications technology or audio-
                only interactions, the in-person mental health visit 
                requirements established under section 405.2463(b)(3) of 
                title 42 of the Code of Federal Regulations (or a 
                successor regulation) shall not apply prior to the day 
                that is the 152nd day after the end of the emergency 
                period described in section 1135(g)(1)(B)).''.
SEC. 305. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY TELEHEALTH 
                        SERVICES.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is 
amended--
            (1) in paragraph (1), in the first sentence, by striking 
        ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; and
            (2) by adding at the end the following new paragraph:
            ``(9) Treatment of telehealth services furnished using 
        audio-only telecommunications technology.--The <<NOTE: Time 
        period.>>  Secretary shall continue to provide coverage and 
        payment under this part for telehealth services identified in 
        paragraph (4)(F)(i) as of the date of the enactment of this 
        paragraph that are furnished via an audio-only 
        telecommunications system during the 151-day period beginning on 
        the first day after the end

[[Page 136 STAT. 807]]

        of the emergency period described in section 1135(g)(1)(B). 
        For <<NOTE: Definition.>>  purposes of the previous sentence, 
        the term `telehealth service' means a telehealth service 
        identified as of the date of the enactment of this paragraph by 
        a HCPCS code (and any succeeding codes) for which the Secretary 
        has not applied the requirements of paragraph (1) and the first 
        sentence of section 410.78(a)(3) of title 42, Code of Federal 
        Regulations, during such emergency period.''.
SEC. 306. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER 
                        PRIOR TO RECERTIFICATION OF ELIGIBILITY 
                        FOR HOSPICE CARE DURING EMERGENCY PERIOD.

    Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 
1395f(a)(7)(D)(i)(II)) is amended by inserting ``, and during the 151-
day period beginning on the first day after the end of such emergency 
period'' after ``section 1135(g)(1)(B)''.
SEC. 307. EXTENSION OF EXEMPTION FOR TELEHEALTH SERVICES.

    (a) In General.--Subparagraph (E) of section 223(c)(2) of the 
Internal Revenue Code of 1986 <<NOTE: 26 USC 223.>>  is amended by 
inserting ``or in the case of months beginning after March 31, 2022, and 
before January 1, 2023,'' after ``December 31, 2021,''.

    (b) Certain Coverage Disregarded.--Clause (ii) of section 
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by 
inserting ``, or in the case of months beginning after March 31, 2022, 
and before January 1, 2023,'' after ``December 31, 2021''.
    (c) <<NOTE: 26 USC 223 note.>>  Effective Date.--The amendments made 
by this section shall take effect on the date of the enactment of this 
Act.
SEC. 308. REPORTS ON TELEHEALTH UTILIZATION.

    (a) Medpac Report.--
            (1) Study.--
                    (A) In general.--The Medicare Payment Advisory 
                Commission (in this subsection referred to as the 
                ``Commission'') shall conduct a study on the expansions 
                of telehealth services (as defined in section 
                1834(m)(4)(F) of the Social Security Act (42 U.S.C. 
                1395m(m)(4)(F)) under the Medicare program under title 
                XVIII of such Act as a result of the COVID-19 public 
                health emergency described in section 1135(g)(1)(B) of 
                such Act (42 U.S.C. 1320b-5(g)(1)(B)) and the amendments 
                made by sections 301 through 306 of this title.
                    (B) Analysis.--The study under subparagraph (A) 
                shall include at least an analysis of each of the 
                following:
                          (i) The utilization of telehealth services 
                      under the Medicare program, which may include 
                      analysis by service, provider type, geographic 
                      area (including analysis of the provision of 
                      telehealth services by clinicians located in 
                      different States than the Medicare beneficiary 
                      receiving such services to the extent that 
                      reliable data are available), and beneficiary type 
                      (including reason of entitlement and such 
                      beneficiaries who are also enrolled under a State 
                      plan under title XIX of the Social Security Act).
                          (ii) Medicare program expenditures on 
                      telehealth services.
                          (iii) Medicare payment policy for telehealth 
                      services and alternative approaches to such 
                      payment policy,

[[Page 136 STAT. 808]]

                      including for federally qualified health centers 
                      and rural health clinics.
                          (iv) The implications of expanded Medicare 
                      coverage of telehealth services on beneficiary 
                      access to care and the quality of care, to the 
                      extent reliable data are available.
                          (v) Other areas determined appropriate by the 
                      Commission.
            (2) <<NOTE: Recommenda- tions.>>  Report.--Not later than 
        June 15, 2023, the Commission shall submit to Congress a report 
        containing the results of the study conducted under paragraph 
        (1), together with recommendations for legislative and 
        administrative action as the Commission determines appropriate.

    (b) <<NOTE: Effective date. Web posting. Time period. 42 USC 
1395m.>>  Publication of Data.--Beginning July 1, 2022, the Secretary of 
Health and Human Services shall post on the public website of the 
Centers for Medicare & Medicaid Services on a quarterly basis data with 
respect to Medicare claims for telemedicine services, including data on 
utilization and beneficiary characteristics.

    (c) Office of the Inspector General Report.--Not later than June 15, 
2023, the Inspector General of the Department of Health and Human 
Services shall submit to Congress a report on program integrity risks 
associated with Medicare telehealth services. Such <<NOTE: Recommenda- 
tions.>>  report shall include recommendations to prevent waste, fraud, 
and abuse under the Medicare program as appropriate.
SEC. 309. <<NOTE: 42 USC 1395m note.>>  PROGRAM INSTRUCTION 
                        AUTHORITY.

    Notwithstanding any other provision of law, the Secretary of Health 
and Human Services may implement the provisions of, including amendments 
made by, sections 301 through 306 through program instruction or 
otherwise.

               Subtitle B--Additional Medicare Provisions

SEC. 311. REVISION OF THE TIMING OF MEDPAC REPORT ON AMBULANCE 
                        COST DATA.

    Section 1834(l)(17)(F)(i) of the Social Security Act (42 U.S.C. 
1395m(l)(17)(F)(i)) is amended by striking ``Not later than March 15, 
2023, and as determined necessary by the Medicare Payment Advisory 
Commission thereafter'' and inserting ``Not later than the second June 
15th following the date on which the Secretary transmits data for the 
first representative sample of providers and suppliers of ground 
ambulance services to the Medicare Payment Advisory Commission, and as 
determined necessary by such Commission thereafter,''.
SEC. 312. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER 
                        MEDICARE.

    Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C. 
1395f(i)(2)(B)) is amended--
            (1) in clause (ii), by striking ``2030'' and inserting 
        ``2031''; and
            (2) in clause (iii), by striking ``2030'' and inserting 
        ``2031''.

[[Page 136 STAT. 809]]

SEC. 313. MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking ``$99,000,000'' and inserting 
``$5,000,000''.

                        TITLE IV--HUMAN SERVICES

SEC. 401. <<NOTE: 42 USC 601 note.>>  EXTENSION OF TEMPORARY 
                        ASSISTANCE FOR NEEDY FAMILIES AND RELATED 
                        PROGRAMS.

    Activities authorized by part A of title IV (other than under 
section 403(c) or 418) and section 1108(b) of the Social Security Act 
shall continue through September 30, 2022, in the manner authorized for 
fiscal year 2021, and out of any money in the Treasury of the United 
States not otherwise appropriated, there are hereby appropriated such 
sums as may be necessary for such purpose.

                     DIVISION Q--CONSUMER PROTECTION

    TITLE I--FRAUD <<NOTE: Fraud and Scam Reduction Act.>>  AND SCAM 
REDUCTION
SEC. 101. <<NOTE: 15 USC 58 note.>>  SHORT TITLE.

    This title may be cited as the ``Fraud and Scam Reduction Act''.

Subtitle A--Preventing <<NOTE: Stop Senior Scams Act.>>  Consumer Scams 
Directed at Seniors
SEC. 111. <<NOTE: 15 USC 58 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Stop Senior Scams Act''.
SEC. 112. SENIOR SCAMS PREVENTION ADVISORY GROUP.

    (a) <<NOTE: 15 USC 45e note.>>  Establishment.--There is established 
a Senior Scams Prevention Advisory Group (in this subtitle referred to 
as the ``Advisory Group'').

    (b) Members.--The Advisory Group shall be composed of stakeholders 
such as the following individuals or the designees of those individuals:
            (1) The Chairman of the Federal Trade Commission.
            (2) The Secretary of the Treasury.
            (3) The Attorney General.
            (4) The Director of the Bureau of Consumer Financial 
        Protection.
            (5) Representatives from each of the following sectors, 
        including trade associations, to be selected by the Federal 
        Trade Commission:
                    (A) Retail.
                    (B) Gift cards.
                    (C) Telecommunications.
                    (D) Wire-transfer services.
                    (E) Senior peer advocates.
                    (F) Consumer advocacy organizations with efforts 
                focused on preventing seniors from becoming the victims 
                of scams.

[[Page 136 STAT. 810]]

                    (G) Financial services, including institutions that 
                engage in digital currency.
                    (H) Prepaid cards.
            (6) A member of the Board of Governors of the Federal 
        Reserve System.
            (7) A prudential regulator, as defined in section 1002 of 
        the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
            (8) The Director of the Financial Crimes Enforcement 
        Network.
            (9) Any other Federal, State, or local agency, industry 
        representative, consumer advocate, or entity, as determined by 
        the Federal Trade Commission.

    (c) No Compensation for Members.--A member of the Advisory Group 
shall serve without compensation in addition to any compensation 
received for the service of the member as an officer or employee of the 
United States, if applicable.
    (d) Duties.--
            (1) In general.--The Advisory Group shall--
                    (A) collect information on the existence, use, and 
                success of educational materials and programs for 
                retailers, financial services, and wire-transfer 
                companies, which--
                          (i) may be used as a guide to educate 
                      employees on how to identify and prevent scams 
                      that affect seniors; and
                          (ii) includes--
                                    (I) useful information for 
                                retailers, financial services, and wire 
                                transfer companies for the purpose 
                                described in clause (i);
                                    (II) training for employees on ways 
                                to identify and prevent senior scams;
                                    (III) best practices for keeping 
                                employees up to date on current scams;
                                    (IV) the most effective signage and 
                                placement in retail locations to warn 
                                seniors about scammers' use of gift 
                                cards, prepaid cards, and wire transfer 
                                services;
                                    (V) suggestions on effective 
                                collaborative community education 
                                campaigns;
                                    (VI) available technology to assist 
                                in identifying possible scams at the 
                                point of sale; and
                                    (VII) other information that would 
                                be helpful to retailers, wire transfer 
                                companies, financial institutions, and 
                                their employees as they work to prevent 
                                fraud affecting seniors; and
                    (B) based on the findings in subparagraph (A)--
                          (i) identify inadequacies, omissions, or 
                      deficiencies in those educational materials and 
                      programs for the categories listed in subparagraph 
                      (A) and their execution in reaching employees to 
                      protect older adults; and
                          (ii) create model materials, best practices 
                      guidance, or recommendations to fill those 
                      inadequacies, omissions, or deficiencies that may 
                      be used by industry and others to help protect 
                      older adults from scams.
            (2) Encouraged use.--The Chairman of the Federal Trade 
        Commission shall--

[[Page 136 STAT. 811]]

                    (A) <<NOTE: Public information.>>  make the 
                materials or guidance created by the Federal Trade 
                Commission described in paragraph (1) publicly 
                available; and
                    (B) encourage the use and distribution of the 
                materials created under this subsection to prevent scams 
                affecting seniors by governmental agencies and the 
                private sector.

    (e) Reports.--Section 101(c)(2) of the Elder Abuse Prevention and 
Prosecution Act (34 U.S.C. 21711(c)(2)) is amended--
            (1) in subparagraph (A)(iv), by striking the period at the 
        end and inserting a semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) with respect to the report by the Federal 
                Trade Commission, in relevant years, including 
                information on--
                          ``(i) the newly created materials, guidance, 
                      or recommendations of the Senior Scams Prevention 
                      Advisory Group established under section 112 of 
                      the Stop Senior Scams Act and any relevant views 
                      or considerations made by members of the Advisory 
                      Group that were not included in the Advisory 
                      Group's model materials or considered an official 
                      recommendation by the Advisory Group;
                          ``(ii) the Senior Scams Prevention Advisory 
                      Group's findings about senior scams and industry 
                      educational materials and programs; and
                          ``(iii) any recommendations on ways 
                      stakeholders can continue to work together to 
                      reduce scams affecting seniors.''.

    (f) <<NOTE: 34 USC 21711 note.>>  Termination.--This subtitle, and 
the amendments made by this subtitle, ceases to be effective on the date 
that is 5 years after the date of enactment of this Act.

  Subtitle B--Senior <<NOTE: Seniors Fraud Prevention Act of 2022.>>  
Fraud Advisory Office
SEC. 121. <<NOTE: 15 USC 58 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Seniors Fraud Prevention Act of 
2022''.
SEC. 122. <<NOTE: 15 USC 45e.>>  OFFICE FOR THE PREVENTION OF 
                        FRAUD TARGETING SENIORS.

    (a) Establishment of Advisory Office.--The Federal Trade Commission 
(in this section referred to as the ``Commission'') shall establish an 
office within the Bureau of Consumer Protection for the purpose of 
advising the Commission on the prevention of fraud targeting seniors and 
to assist the Commission with the following:
            (1) <<NOTE: Coordination.>>  Oversight.--The advisory office 
        shall monitor the market for mail, television, internet, 
        telemarketing, and recorded message telephone call (in this 
        section referred to as ``robocall'') fraud targeting seniors and 
        shall coordinate with other relevant agencies regarding the 
        requirements of this section.
            (2) <<NOTE: Consultation.>>  Consumer education.--The 
        Commission, through the advisory office and in consultation with 
        the Attorney General, the Secretary of Health and Human 
        Services, the Postmaster

[[Page 136 STAT. 812]]

        General, the Chief Postal Inspector for the United States Postal 
        Inspection Service, and other relevant agencies, shall--
                    (A) disseminate to seniors and families and 
                caregivers of seniors general information on mail, 
                television, internet, telemarketing, and robocall fraud 
                targeting seniors, including descriptions of the most 
                common fraud schemes;
                    (B) disseminate to seniors and families and 
                caregivers of seniors information on reporting 
                complaints of fraud targeting seniors either to the 
                national toll-free telephone number established by the 
                Commission for reporting such complaints, or to the 
                Consumer Sentinel Network, operated by the Commission, 
                where such complaints will become immediately available 
                to appropriate law enforcement agencies, including the 
                Federal Bureau of Investigation and the attorneys 
                general of the States;
                    (C) in response to a specific request about a 
                particular entity or individual, provide publicly 
                available information of any enforcement action taken by 
                the Commission for mail, television, internet, 
                telemarketing, and robocall fraud against such entity; 
                and
                    (D) <<NOTE: Website.>>  maintain a website to serve 
                as a resource for information for seniors and families 
                and caregivers of seniors regarding mail, television, 
                internet, telemarketing, robocall, and other identified 
                fraud targeting seniors.
            (3) <<NOTE: Consultation. Procedures.>>  Complaints.--The 
        Commission, through the advisory office and in consultation with 
        the Attorney General, shall establish procedures to--
                    (A) log and acknowledge the receipt of complaints by 
                individuals who believe they have been a victim of mail, 
                television, internet, telemarketing, and robocall fraud 
                in the Consumer Sentinel Network, and shall make those 
                complaints immediately available to Federal, State, and 
                local law enforcement authorities; and
                    (B) provide to individuals described in subparagraph 
                (A), and to any other persons, specific and general 
                information on mail, television, internet, 
                telemarketing, and robocall fraud, including 
                descriptions of the most common schemes using such 
                methods of communication.

    (b) Commencement.--The Commission shall commence carrying out the 
requirements of this section not later than 1 year after the date of 
enactment of this Act.
    (c) Use of Existing Funds.--No additional funds are authorized to be 
appropriated to carry out this section and the Commission shall carry 
out this section using amounts otherwise made available to the 
Commission.

     TITLE II--NICHOLAS <<NOTE: Nicholas and Zachary Burt Memorial 
 Carbon Monoxide Poisoning Prevention Act of 2022.>>  AND ZACHARY BURT 
MEMORIAL CARBON MONOXIDE POISONING PREVENTION ACT OF 2022
SEC. 201. <<NOTE: 15 USC 2051 note.>>  SHORT TITLE.

    This title may be cited as the ``Nicholas and Zachary Burt Memorial 
Carbon Monoxide Poisoning Prevention Act of 2022''.

[[Page 136 STAT. 813]]

SEC. 202. <<NOTE: 15 USC 2090 note.>>  FINDINGS AND SENSE OF 
                        CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Carbon monoxide is a colorless, odorless gas produced by 
        burning any fuel. Exposure to unhealthy levels of carbon 
        monoxide can lead to carbon monoxide poisoning, a serious health 
        condition that could result in death.
            (2) Unintentional carbon monoxide poisoning from motor 
        vehicles and improper operation of fuel-burning appliances, such 
        as furnaces, water heaters, portable generators, and stoves, 
        annually kills more than 400 individuals and sends approximately 
        15,000 individuals to hospital emergency rooms for treatment.
            (3) Research shows that installing carbon monoxide alarms 
        close to the sleeping areas in residential homes and other 
        dwelling units can help avoid fatalities.

    (b) Sense of Congress.--It is the sense of Congress that Congress 
should promote the installation of carbon monoxide alarms in residential 
homes and dwelling units across the United States in order to promote 
the health and public safety of citizens throughout the United States.
SEC. 203. <<NOTE: 15 USC 2090 note.>>  DEFINITIONS.

    In this title:
            (1) Carbon monoxide alarm.--The term ``carbon monoxide 
        alarm'' means a device or system that--
                    (A) detects carbon monoxide; and
                    (B) is intended to sound an alarm at a carbon 
                monoxide concentration below a concentration that could 
                cause a loss of the ability to react to the dangers of 
                carbon monoxide exposure.
            (2) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (3) Compliant carbon monoxide alarm.--The term ``compliant 
        carbon monoxide alarm'' means a carbon monoxide alarm that 
        complies with the most current version of--
                    (A) the Standard for Single and Multiple Station 
                Carbon Monoxide Alarms of the American National 
                Standards Institute and UL (ANSI/UL 2034), or any 
                successor standard; and
                    (B) the Standard for Gas and Vapor Detectors and 
                Sensors of the American National Standards Institute and 
                UL (ANSI/UL 2075), or any successor standard.
            (4) Dwelling unit.--The term ``dwelling unit''--
                    (A) means a room or suite of rooms used for human 
                habitation; and
                    (B) includes--
                          (i) a single family residence;
                          (ii) each living unit of a multiple family 
                      residence, including an apartment building; and
                          (iii) each living unit in a mixed use 
                      building.
            (5) Fire code enforcement officials.--The term ``fire code 
        enforcement officials'' means officials of the fire safety code 
        enforcement agency of a State or local government or a Tribal 
        organization.
            (6) International fire code.--The term ``IFC'' means--
                    (A) the 2015 or 2018 edition of the International 
                Fire Code published by the International Code Council; 
                or

[[Page 136 STAT. 814]]

                    (B) any amended or similar successor code pertaining 
                to the proper installation of carbon monoxide alarms in 
                dwelling units.
            (7) International residential code.--The term ``IRC'' 
        means--
                    (A) the 2015 or 2018 edition of the International 
                Residential Code published by the International Code 
                Council; or
                    (B) any amended or similar successor code pertaining 
                to the proper installation of carbon monoxide alarms in 
                dwelling units.
            (8) NFPA 720.--The term ``NFPA 720'' means--
                    (A) the Standard for the Installation of Carbon 
                Monoxide Detection and Warning Equipment issued by the 
                National Fire Protection Association in 2012; and
                    (B) any amended or similar successor standard 
                relating to the proper installation of carbon monoxide 
                alarms in dwelling units.
            (9) State.--The term ``State''--
                    (A) has the meaning given the term in section 3(a) 
                of the Consumer Product Safety Act (15 U.S.C. 2052(a)); 
                and
                    (B) includes--
                          (i) the Commonwealth of the Northern Mariana 
                      Islands; and
                          (ii) any political subdivision of a State.
            (10) Tribal organization.--The term ``Tribal organization'' 
        has the meaning given the term in section 4(l) of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304(l)).
SEC. 204. <<NOTE: 15 USC 2090.>>  GRANT PROGRAM FOR CARBON 
                        MONOXIDE POISONING PREVENTION.

    (a) In General.--Subject to the availability of appropriations 
authorized under subsection (f), the Commission shall establish a grant 
program to provide assistance to States and Tribal organizations that 
are eligible under subsection (b) to carry out the carbon monoxide 
poisoning prevention activities described in subsection (e).
    (b) Eligibility.--For the purposes of this section, an eligible 
State or Tribal organization is any State or Tribal organization that--
            (1) demonstrates to the satisfaction of the Commission that 
        the State or Tribal organization has adopted a statute or a 
        rule, regulation, or similar measure with the force and effect 
        of law, requiring compliant carbon monoxide alarms to be 
        installed in dwelling units in accordance with NFPA 72, the IFC, 
        or the IRC; and
            (2) <<NOTE: Application.>>  submits an application--
                    (A) to the Commission at such time, in such form, 
                and containing such additional information as the 
                Commission may require; and
                    (B) that may be filed on behalf of the State or 
                Tribal organization by the fire safety code enforcement 
                agency of that State or Tribal organization.

    (c) <<NOTE: Determination.>>  Grant Amount.--The Commission shall 
determine the amount of each grant awarded under this section.

[[Page 136 STAT. 815]]

    (d) Selection of Grant Recipients.--In selecting eligible States and 
Tribal organizations for the award of grants under this section, the 
Commission shall give favorable consideration to an eligible State or 
Tribal organization that demonstrates a reasonable need for funding 
under this section and that--
            (1) requires the installation of one or more compliant 
        carbon monoxide alarms in a new or existing educational 
        facility, childcare facility, health care facility, adult 
        dependent care facility, government building, restaurant, 
        theater, lodging establishment, or dwelling unit--
                    (A) within which a fuel-burning appliance, including 
                a furnace, boiler, water heater, fireplace, or any other 
                apparatus, appliance, or device that burns fuel, is 
                installed; or
                    (B) that has an attached garage; and
            (2) has developed a strategy to protect vulnerable 
        populations, such as children, the elderly, or low-income 
        households, from exposure to unhealthy levels of carbon 
        monoxide.

    (e) Use of Grant Funds.--
            (1) In general.--Subject to paragraph (2), an eligible State 
        or Tribal organization to which a grant is awarded under this 
        section may use the grant--
                    (A) to purchase and install compliant carbon 
                monoxide alarms in the dwelling units of low-income 
                families or elderly individuals, facilities that 
                commonly serve children or the elderly (including 
                childcare facilities, public schools, and senior 
                centers);
                    (B) for the development and dissemination of 
                training materials, instructors, and any other costs 
                relating to the training sessions authorized under this 
                subsection; or
                    (C) to educate the public about--
                          (i) the risk associated with carbon monoxide 
                      as a poison; and
                          (ii) the importance of proper carbon monoxide 
                      alarm use.
            (2) Limitations.--
                    (A) Administrative costs.--An eligible State or 
                Tribal organization to which a grant is awarded under 
                this section may use not more than 5 percent of the 
                grant amount to cover administrative costs that are not 
                directly related to training described in paragraph 
                (1)(B).
                    (B) Public outreach.--An eligible State or Tribal 
                organization to which a grant is awarded under this 
                section may use not more than 25 percent of the grant 
                amount to cover the costs of activities described in 
                paragraph (1)(C).
                    (C) State contributions.--An eligible State to which 
                a grant is awarded under this section shall, with 
                respect to the costs incurred by the State in carrying 
                out activities under the grant, provide non-Federal 
                contributions in an amount equal to not less than 25 
                percent of the amount of Federal funds provided under 
                the grant to administer the program. This subparagraph 
                shall not apply to Tribal organizations.

    (f) Funding.--
            (1) <<NOTE: Time period.>>  In general.--The Commission 
        shall carry out this title using amounts appropriated to the 
        Commission for each of

[[Page 136 STAT. 816]]

        fiscal years 2022 through 2026, to extent such funds are 
        available.
            (2) Limitation on administrative expenses.--In a fiscal 
        year, not more than 10 percent of the amounts appropriated or 
        otherwise made available to carry out this title may be used for 
        administrative expenses.

    (g) <<NOTE: Evaluation.>>  Report.--Not later than 1 year after the 
last day of each fiscal year in which grants are awarded under this 
section, the Commission shall submit to Congress a report that evaluates 
the implementation of the grant program required under this section.

              TITLE III--UNITED <<NOTE: United States Anti-
Doping Agency Reauthorization Act of 2022.>>  STATES ANTI-DOPING AGENCY 
REAUTHORIZATION
SEC. 301. <<NOTE: 21 USC 2001 note.>>  SHORT TITLE.

    This title may be cited as the ``United States Anti-Doping Agency 
Reauthorization Act of 2022''.
SEC. 302. <<NOTE: 21 USC 2001 note.>>  FINDINGS.

    Congress makes the following findings:
            (1) The United States Anti-Doping Agency--
                    (A) is the independent national anti-doping 
                organization of the United States; and
                    (B) manages the anti-doping program, results 
                management processes, drug reference resources, and 
                athlete education for all United States Olympic 
                Committee-recognized national governing bodies and the 
                athletes and events of such national governing bodies.
            (2) The United States Anti-Doping Agency contributes to the 
        advancement of clean sport through scientific research, anti-
        doping education, and outreach programs, and the mission of the 
        United States Anti-Doping Agency is to preserve the integrity of 
        competition and protect the rights of athletes.
            (3) Participation in youth sports has the potential to equip 
        young athletes with important skills and values necessary for 
        success in life, and it is essential that the culture of youth 
        sports emphasizes such skills and values.
            (4) The TrueSport program of the United States Anti-Doping 
        Agency partners with youth sport organizations across the United 
        States to promote sportsmanship, character building, and healthy 
        performance through the use of targeted educational materials 
        designed to promote a positive youth sport experience.
            (5) In modifying the authority of the United States Anti-
        Doping Agency to include the promotion of the positive values of 
        youth sport, Congress sends a strong signal that the goals of 
        youth sport should include instilling in young athletes the 
        values of integrity, respect, teamwork, courage, and 
        responsibility.
            (6) Due to the unique leadership position of the United 
        States in the global community, adequate funding of the anti-
        doping and clean sport programs of the United States Anti-Doping 
        Agency is imperative to the preparation for the 2028 Summer 
        Olympic Games, which will be held in Los Angeles, California.

[[Page 136 STAT. 817]]

            (7) Increased appropriations for fiscal years 2023 through 
        2031 would enable the United States Anti-Doping Agency to 
        directly affect the integrity and well-being of sport, both 
        domestically and internationally.
SEC. 303. MODIFICATIONS OF AUTHORITY.

    Section 701 of the Office of National Drug Control Policy 
Reauthorization Act of 2006 (21 U.S.C. 2001) is amended--
            (1) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1)(A) serve as the independent anti-doping organization 
        for the amateur athletic competitions recognized by the United 
        States Olympic and Paralympic Committee;
            ``(B) be responsible for certifying in advance any testing 
        conducted by international organizations under the World Anti-
        Doping Code for international amateur athletes and athletic 
        competitions occurring within the jurisdiction of the United 
        States; and
            ``(C) be recognized worldwide as the independent national 
        anti-doping organization for the United States;'';
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) promote a positive youth sport experience by using a 
        portion of the funding of the United States Anti-Doping Agency 
        to provide educational materials on sportsmanship, character 
        building, and healthy performance for the athletes, parents, and 
        coaches who participate in youth sports.''; and
            (2) by adding at the end the following:

    ``(c) Due Process in Arbitration Proceedings.--Any action taken by 
the United States Anti-Doping Agency to enforce a policy, procedure, or 
requirement of the United States Anti-Doping Agency against a person 
with respect to a violation of Federal law, including an investigation, 
a disciplinary action, a sanction, or any other administrative action, 
shall be carried out in a manner that provides due process protection to 
the person.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    Section 703 of the Office of National Drug Control Policy 
Reauthorization Act of 2006 (21 U.S.C. 2003) is amended to read as 
follows:
``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the United States Anti-
Doping Agency--
            ``(1) for fiscal year 2023, $15,500,000;
            ``(2) for fiscal year 2024, $16,200,000;
            ``(3) for fiscal year 2025, $16,900,000;
            ``(4) for fiscal year 2026, $17,700,000;
            ``(5) for fiscal year 2027, $18,500,000;
            ``(6) for fiscal year 2028, $19,800,000;
            ``(7) for fiscal year 2029, $22,100,000;
            ``(8) for fiscal year 2030, $24,900,000; and
            ``(9) for fiscal year 2031, $23,700,000.''.
SEC. 305. <<NOTE: 21 USC 2004.>>  INFORMATION SHARING.

    Except as otherwise prohibited by law and except in cases in which 
the integrity of a criminal investigation would be affected,

[[Page 136 STAT. 818]]

pursuant to the obligation of the United States under Article 7 of the 
United Nations Educational, Scientific, and Cultural Organization 
International Convention Against Doping in Sport done at Paris October 
19, 2005, and ratified by the United States in 2008, the Attorney 
General, the Secretary of Homeland Security, and the Commissioner of 
Food and Drugs shall provide to the United States Anti-Doping Agency any 
relevant information relating to the prevention of the use of 
performance-enhancing drugs or the prohibition of performance-enhancing 
methods.

TITLE IV--PROTECTING <<NOTE: Protecting Indian Tribes from Scams Act.>>  
INDIAN TRIBES FROM SCAMS
SEC. 401. SHORT TITLE.

    This title may be cited as the ``Protecting Indian Tribes from Scams 
Act''.
SEC. 402. PROTECTING INDIAN TRIBES FROM UNFAIR OR DECEPTIVE ACTS 
                        OR PRACTICES.

    (a) FTC Report on Unfair or Deceptive Acts or Practices Targeting 
Indian Tribes.--Not <<NOTE: Consultation. Web posting.>>  later than 1 
year after the date of enactment of this Act, and after consultation 
with Indian Tribes, the Commission shall make publicly available on the 
website of the Commission and submit to the Committee on Energy and 
Commerce and the Committee on Natural Resources of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Indian Affairs of the Senate a 
report on unfair or deceptive acts or practices targeted at Indian 
Tribes or members of Indian Tribes, including--
            (1) a description of the types of unfair or deceptive acts 
        or practices identified by the Commission as being targeted at 
        Indian Tribes or members of Indian Tribes;
            (2) a description of the consumer education activities of 
        the Commission with respect to such acts or practices;
            (3) a description of the efforts of the Commission to 
        collaborate with Indian Tribes to prevent such acts or practices 
        or to pursue persons using such acts or practices;
            (4) <<NOTE: Summary.>>  a summary of the enforcement actions 
        taken by the Commission related to such acts or practices; and
            (5) <<NOTE: Recommenda- tions.>>  any recommendations for 
        legislation to prevent such acts or practices.

    (b) Increasing Awareness of Unfair or Deceptive Acts or Practices 
Targeting Indian Tribes.--Not <<NOTE: Deadline. Update. Website.>>  
later than 6 months after the date of the submission of the report 
required by subsection (a), the Commission shall update the website of 
the Commission to include information for consumers and businesses on 
identifying and avoiding unfair or deceptive acts or practices targeted 
at Indian Tribes or members of Indian Tribes.

    (c) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given that term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304).

[[Page 136 STAT. 819]]

DIVISION R--FAFSA <<NOTE: FAFSA Simplification Act Technical Corrections 
Act.>>  SIMPLIFICATION
SEC. 101. <<NOTE: 20 USC 1001 note.>>  SHORT TITLE.

    This division may be cited as the ``FAFSA Simplification Act 
Technical Corrections Act''.
SEC. 102. EXTENDING THE IMPLEMENTATION TIMELINE OF FAFSA 
                        SIMPLIFICATION ACT BY ONE YEAR.

    (a) Amendments to the FAFSA Simplification Act.--The FAFSA 
Simplification Act (title VII of division FF of Public Law 116-
260) <<NOTE: 20 USC 1001 note.>>  is amended in section 701(b)--
            (1) by striking ``July 1, 2023'' both places the term 
        appears and inserting ``July 1, 2024''; and
            (2) by striking ``award year 2023-2024'' and inserting 
        ``award year 2024-2025''.

    (b) Amendments to the Higher Education Act of 1965.--The Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), as amended by the FAFSA 
Simplification Act (title VII of division FF of Public Law 116-260), is 
amended--
            (1) <<NOTE: 20 USC 1070a.>>  in section 401(b)--
                    (A) in paragraph (5)(A), by striking ``award year 
                2023-2024'' and inserting ``award year 2024-2025'';
                    (B) in paragraph (6)(A)--
                          (i) in clause (i), by striking ``fiscal year 
                      2023'' and inserting ``fiscal year 2024''; and
                          (ii) in clause (ii), by striking ``fiscal 
                      years 2023 through 2033'' and inserting ``fiscal 
                      years 2024 through 2034'';
                    (C) in paragraph (7)(B)(i), by striking ``or 2022'' 
                and inserting ``2022, or 2023''; and
                    (D) in paragraph (8)(A), by striking ``fiscal year 
                2033'' and inserting ``fiscal year 2034'';
            (2) <<NOTE: 20 USC 1087kk.>>  in section 471, by striking 
        ``award year 2023-2024'' and inserting ``award year 2024-2025'';
            (3) in section 479(a), <<NOTE: 20 USC 1087ss.>>  by striking 
        ``July 1, 2023'' and inserting ``July 1, 2024'';
            (4) <<NOTE: 20 USC 1090.>>  in section 483, by striking 
        ``award year 2023-2024'' each place the term appears and 
        inserting ``award year 2024-2025''; and
            (5) in section 485E(b)(2)(B), <<NOTE: 20 USC 1092f.>>  by 
        striking ``award year 2023-2024'' and inserting ``award year 
        2024-2025''.

    (c) <<NOTE: 20 USC 1070a note.>>  On-time Effective Date 
Permitted.--
            (1) In general.--Notwithstanding section 701(b) of the FAFSA 
        Simplification Act (title VII of division FF of Public Law 116-
        260), as amended by this division, the Secretary of Education--
                    (A) <<NOTE: Deadline.>>  may implement on or after 
                July 1, 2023, but not later than, July 1, 2024, the 
                amendments made by--
                          (i) section 702(b) of the FAFSA Simplification 
                      Act regarding cost of attendance;
                          (ii) section 702(i) of such Act regarding 
                      discretion of student financial aid 
                      administrators;
                          (iii) section 702(l) of such Act regarding 
                      special rules for independent students and 
                      definitions; and
                          (iv) section 703 of such Act regarding only 
                      the period of eligibility for grants under 
                      subsection (d)

[[Page 136 STAT. 820]]

                      of section 401 of the Higher Education Act of 
                      1965, as amended by the FAFSA Simplification Act; 
                      and
                    (B) <<NOTE: Time periods. Federal 
                Register, publication.>>  shall specify in a designation 
                on what date and for which award years the 
                implementation of amendments described in subparagraph 
                (A) are effective on or after July 1, 2023, and prior to 
                July 1, 2024, and shall publish any designation under 
                this paragraph in the Federal Register not less than 60 
                days before implementation.
            (2) Student aid index as expected family contribution.--
        For <<NOTE: Deadline. Definition.>>  purposes of implementing 
        the amendments described in paragraph (1)(A) before July 1, 
        2024, the term ``student aid index'' as it appears in such 
        amendments to the Higher Education Act of 1965 shall mean 
        ``expected family contribution'', as calculated under part F of 
        title IV of the Higher Education Act of 1965, as in effect on 
        the date of the implementation.
SEC. 103. TECHNICAL CORRECTIONS TO THE FAFSA SIMPLIFICATION ACT.

    (a) Cost of Attendance.--Section 472(a)(13) of the Higher Education 
Act of 1965, as amended by section 702(b) of the FAFSA Simplification 
Act (title VII of division FF of Public Law 116-260), <<NOTE: 20 USC 
1087ll.>>  is amended by inserting ``, or the average cost of any such 
fee or premium, as applicable'' after ``on such loan''.

    (b) Special Rules for Independent Students.--Section 479D of the 
Higher Education Act of 1965, as added by section 702(l)(1) of the FAFSA 
Simplification Act (title VII of division FF of Public Law 116-
260), <<NOTE: 20 USC 1087uu-2.>>  is amended--
            (1) in subsection (a)(1)(D), by inserting ``the same or'' 
        before ``a prior award'';
            (2) in subsection (b)(5), by inserting ``the same or'' 
        before ``a prior award''; and
            (3) in subsection (d)(2)--
                    (A) by inserting ``this section, or paragraph (2), 
                (8), or (9) of section 480(d),'' after ``pursuant to 
                section 479A(c),''; and
                    (B) by striking ``under such paragraph in the same 
                award year'' and inserting ``under such provisions in 
                the same or a prior award year''.

    (c) Iraq and Afghanistan Service Grant and Children of Fallen Heroes 
Grant.--Part A of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.), as amended by section 703 of the FAFSA 
Simplification Act (title VII of division FF of Public Law 116-260), is 
amended--
            (1) <<NOTE: 20 USC 1070a.>>  in section 401(c)--
                    (A) in paragraph (2)--
                          (i) by striking subparagraph (A); and
                          (ii) by redesignating subparagraphs (B) and 
                      (C) as subparagraphs (A) and (B), respectively;
                    (B) in paragraph (3)(A), by striking ``(2)(B)(i)'' 
                and inserting ``(2)(A)(i)'';
                    (C) by redesignating paragraph (5) as paragraph (7); 
                and
                    (D) by inserting after paragraph (4) the following:
            ``(5) Prevention of double benefits.--No eligible student 
        described in paragraph (2) may concurrently receive a grant 
        under both this subsection and subsection (b).

[[Page 136 STAT. 821]]

            ``(6) <<NOTE: Grants.>>  Terms and conditions.--The 
        Secretary shall award grants under this subsection in the same 
        manner and with the same terms and conditions, including the 
        length of the period of eligibility, as the Secretary awards 
        Federal Pell Grants under subsection (b), except that--
                    ``(A) the award rules and determination of need 
                applicable to the calculation of Federal Pell Grants 
                under subsection (b)(1) shall not apply to grants made 
                under this subsection; and
                    ``(B) <<NOTE: Determination.>>  the maximum period 
                determined under subsection (d)(5) shall be determined 
                by including all grants made under this section received 
                by the eligible student and all grants so received under 
                subpart 10 before the effective date of this 
                subsection.''; and
            (2) by striking section 420R (20 U.S.C. 1070h).

    (d) <<NOTE: 20 USC 1070a note.>>  Effective Date.--The amendments 
made by subsections (a), (b), and (c) shall take effect as if included 
in the FAFSA Simplification Act (title VII of division FF of Public Law 
116-260) and subject to the effective date of section 701(b) of such 
Act, as amended by this division (including the authorization provided 
under section 102(c)(1)(A)).
SEC. 104. CONFORMING CHANGES TO PUBLIC HEALTH SERVICE ACT LOANS.

    Title VII of the Public Health Service Act is amended--
            (1) in section 705(a)(1) of such Act (42 U.S.C. 
        292d(a)(1))--
                    (A) in subparagraph (A)--
                          (i) in clause (iii), by adding ``and'' after 
                      the semicolon;
                          (ii) by striking clause (iv); and
                          (iii) by redesignating clause (v) as clause 
                      (iv); and
                    (B) in subparagraph (B)--
                          (i) in clause (ii), by adding ``and'' after 
                      the semicolon;
                          (ii) in clause (iii), by striking ``; and'' 
                      and inserting a semicolon; and
                          (iii) by striking clause (iv); and
            (2) in section 722(b) of such Act (42 U.S.C. 292r(b))--
                    (A) in paragraph (1), by striking ``; and'' and 
                inserting a period;
                    (B) by striking paragraph (2); and
                    (C) by striking ``to a student--'' and all that 
                follows through ``who is in need'' and inserting ``to a 
                student who is in need''.

                      DIVISION S--VETERANS MATTERS

    TITLE I--RAISE <<NOTE: Department of Veterans Affairs Nurse and 
 Physician Assistant Retention and Income Security Enhancement Act. 38 
USC 101 note.>>  ACT
SEC. 101. SHORT TITLE.

    This title may be cited as the ``Department of Veterans Affairs 
Nurse and Physician Assistant Retention and Income Security Enhancement 
Act'' or the ``VA Nurse and Physician Assistant RAISE Act''.

[[Page 136 STAT. 822]]

SEC. 102. PAY FOR NURSES AND CERTAIN OTHER MEDICAL POSITIONS OF 
                        THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Maximum Rate of Basic Pay.--Section 7451 of title 38, United 
States Code, is amended--
            (1) in subsection (a)(2)(C), by striking ``and physician 
        assistant'' and inserting ``physician assistant, and 
        podiatrist''; and
            (2) in subsection (c), by striking paragraph (2) and 
        inserting the following:

    ``(2)(A) The maximum rate of basic pay for any grade for a covered 
position may not exceed--
            ``(i) in the case of an advanced practice nurse, the maximum 
        rate of basic pay established for positions in level I of the 
        Executive Schedule under section 5312 of title 5;
            ``(ii) in the case of a physician assistant, the maximum 
        rate of basic pay established for positions in level I of the 
        Executive Schedule under section 5312 of title 5;
            ``(iii) in the case of a registered nurse, the maximum rate 
        of basic pay established for positions in level II of the 
        Executive Schedule under section 5313 of title 5; and
            ``(iv) in the case of any other covered position, the 
        maximum rate of basic pay established for positions in level IV 
        of the Executive Schedule under section 5315 of title 5.

    ``(B) The maximum rate of basic pay for a grade for the position of 
certified registered nurse anesthetist pursuant to an adjustment under 
subsection (d) may exceed the maximum rate otherwise provided in 
subparagraph (A).''.
    (b) Registered Nurses and Physician Assistants Serving in Management 
Positions.--Section 7404 of such title is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``The pay of physicians'' and 
                inserting ``(A) The pay of physicians''; and
                    (B) by adding at the end the following new 
                subparagraph:

    ``(B) The basic pay of registered nurses and physician assistants 
serving in positions to which an Executive order applies under paragraph 
(1) may be determined under subchapter IV of this chapter instead of 
such Executive order. Such positions shall not otherwise be covered by 
such subchapter, except with respect to bonuses under section 7452 or 
7458 or special pay under subsection (g) of such section 7452.''; and
            (2) in subsection (e)--
                    (A) by inserting ``basic pay'' after ``paid''; and
                    (B) by striking ``rate established for the Senior 
                Executive Service under section 5382 of title 5'' and 
                inserting ``rates established under subchapter IV of 
                this chapter''.

          TITLE II--OUTDOOR INDUSTRY VETERANS CAREERS GAO STUDY

SEC. 201. OUTDOOR INDUSTRY VETERANS CAREERS GAO STUDY.

    (a) Study Required.--The Comptroller General of the United States 
shall conduct a study on the use by veterans of educational assistance 
provided under laws administered by the Secretary of Veterans Affairs to 
pursue careers in outdoor recreation.

[[Page 136 STAT. 823]]

    (b) Elements.--The study required by subsection (a) shall include 
the following:
            (1) Identification of opportunities for veterans to use 
        educational assistance provided under laws administered by the 
        Secretary of Veterans Affairs to pursue careers in outdoor 
        recreation in the private sector and in the public sector.
            (2) Identification of any difficulties with using the 
        educational assistance provided under laws administered by the 
        Secretary to veterans to pursue careers in outdoor recreation in 
        the private and public sector, including trained, apprentice, 
        assistant, and certified guides.
            (3) <<NOTE: Assessment.>>  Assessment of the availability of 
        opportunities for careers in outdoor recreation at the 
        following:
                    (A) The Department of Agriculture.
                    (B) The Department of the Interior.
                    (C) The Army Corps of Engineers.
                    (D) The National Oceanic and Atmospheric 
                Administration.
            (4) Identification of any challenges veterans may have 
        pursuing careers in outdoor recreation at the agencies list 
        under paragraph (3).
            (5) Identification of options to increase opportunities for 
        veterans to pursue careers in outdoor recreation at the agencies 
        listed under paragraph (3).

    (c) Stakeholder Perspectives.--In conducting the study required by 
subsection (a), the Comptroller General shall obtain the perspectives of 
the outdoor recreation industry, veterans groups focusing on the 
outdoors, nongovernmental organizations, and other interested 
stakeholders.
    (d) Briefing and Report.--
            (1) Briefing.--Not later than 240 days after the date of the 
        enactment of this Act, the Comptroller General shall provide the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a briefing 
        on the study required by subsection (a).
            (2) Report.--After providing the briefing required by 
        paragraph (1), the Comptroller General shall submit to the 
        committees described in such paragraph a report on the findings 
        of the Comptroller General with respect to the study completed 
        under subsection (a).

    (e) Outdoor Recreation Defined.--In this section, the term ``outdoor 
recreation'' means recreational activities undertaken for pleasure 
that--
            (1) generally involve some level of intentional physical 
        exertion; and
            (2) occur in nature-based environments outdoors.

DIVISION T--CREDIT <<NOTE: Credit Union Governance Modernization Act of 
2022.>>  UNION GOVERNANCE MODERNIZATION ACT
SEC. 101. <<NOTE: 12 USC 1751 note.>>  SHORT TITLE.

    This division may be cited as the ``Credit Union Governance 
Modernization Act of 2022''.

[[Page 136 STAT. 824]]

SEC. 102. EXPULSION OF FEDERAL CREDIT UNION MEMBERS FOR CAUSE.

    Section 118 of the Federal Credit Union Act (12 U.S.C. 1764) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``subsection (b)'' and inserting 
                ``subsections (b) and (c)''; and
                    (B) by striking ``him'' and inserting ``to the 
                member'' ;
            (2) by redesignating subsection (c) as subsection (d);
            (3) by inserting after subsection (b) the following:

    ``(c) Expulsion for Cause.--
            ``(1) <<NOTE: Regulation. Deadline. Time period.>>  In 
        general.--Except as provided in subsections (a) and (b) of this 
        section, a member may be expelled for cause by a two-thirds vote 
        of a quorum of the directors of the Federal credit union 
        pursuant to a policy which the National Credit Union 
        Administration Board shall adopt, pursuant to a rulemaking, not 
        later than the end of the 18-month period following the date of 
        enactment of the Credit Union Governance Modernization Act of 
        2022.
            ``(2) <<NOTE: Records.>>  Distribution of policy to 
        members.--A Federal credit union may not expel a member pursuant 
        to this subsection unless the Federal credit union has provided, 
        in written or electronic form, a copy of the policy adopted by 
        the National Credit Union Administration Board under paragraph 
        (1) to each member of the Federal credit union.
            ``(3) Procedures.--
                    ``(A) Notification of pending expulsion.--If a 
                member will, subject to the policy adopted under 
                paragraph (1), be subject to expulsion, the member shall 
                be notified in advance of the expulsion, along with the 
                reason for such expulsion. Such notice shall be provided 
                in person, by mail to the member's address, or, if the 
                member has elected to receive electronic communications 
                from the Federal credit union, may be provided 
                electronically.
                    ``(B) Right to a hearing.--
                          ``(i) <<NOTE: Time period.>>  In general.--A 
                      member shall have 60 days from the date of receipt 
                      of a notification under subparagraph (A) to 
                      request a hearing from the board of directors of 
                      the Federal credit union.
                          ``(ii) Expulsion if no hearing.--If a member 
                      does not request a hearing during the 60-day 
                      period described under clause (i), the member 
                      shall be expelled after the end of the 60-day 
                      period.
                    ``(C) Hearing; vote on expulsion.--If a member 
                requests a hearing during the 60-day period described 
                under subparagraph (B)(i)--
                          ``(i) the board of directors of the Federal 
                      credit union shall provide the member with a 
                      hearing; and
                          ``(ii) after such hearing, the board of 
                      directors of the Federal credit union shall hold a 
                      vote in a timely manner on expelling the member.
                    ``(D) Notice of expulsion.--If a member is expelled 
                under subparagraph (B)(ii) or (C)(ii), notice of the 
                expulsion of the member shall be provided to the member 
                in person, by mail to the member's address, in written 
                form or, if

[[Page 136 STAT. 825]]

                the member has elected to receive electronic 
                communications from the Federal credit union, may be 
                provided electronically.
            ``(4) Reinstatement.--
                    ``(A) In general.--A member expelled under this 
                subsection--
                          ``(i) shall be given an opportunity to request 
                      reinstatement of membership; and
                          ``(ii) may be reinstated by either--
                                    ``(I) a majority vote of a quorum of 
                                the directors of the Federal credit 
                                union; or
                                    ``(II) a majority vote of the 
                                members of the Federal credit union 
                                present at a meeting.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph may be construed to require that an expelled 
                member be allowed to attend the meeting described in 
                subparagraph (A)(ii) in person.
            ``(5) Cause defined.--In this subsection, the term `cause' 
        means--
                    ``(A) a substantial or repeated violation of the 
                membership agreement of the Federal credit union;
                    ``(B) a substantial or repeated disruption, 
                including dangerous or abusive behavior (as defined by 
                the National Credit Union Administration Board pursuant 
                to a rulemaking), to the operations of a Federal credit 
                union; or
                    ``(C) fraud, attempted fraud, or other illegal 
                conduct that a member has been convicted of in relation 
                to the Federal credit union, including the Federal 
                credit union's employees conducting business on behalf 
                of the Federal credit union.'';
            (4) in subsection (d), as so redesignated--
                    (A) by striking ``either subsection (a) or (b)'' and 
                inserting ``subsection (a), (b), or (c)''; and
                    (B) by striking ``him'' and inserting ``the 
                member''; and
            (5) by adding at the end the following:

    ``(e) No Authority to Expel Classes of Members.--An expulsion of a 
member pursuant to this section shall be done individually, on a case-
by-case basis, and neither the Board nor any Federal credit union may 
expel a class of members.''.

    DIVISION U--ADJUSTABLE <<NOTE: Adjustable Interest Rate (LIBOR) 
Act. Contracts.>>  INTEREST RATE (LIBOR) ACT
SEC. 101. <<NOTE: 12 USC 5801 note.>>  SHORT TITLE.

    This division may be cited as the ``Adjustable Interest Rate (LIBOR) 
Act''.
SEC. 102. <<NOTE: 12 USC 5801.>>  FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) LIBOR is used as a benchmark rate in more than 
        $200,000,000,000,000 worth of contracts worldwide;
            (2) a significant number of existing contracts that 
        reference LIBOR do not provide for the use of a clearly defined 
        or practicable replacement benchmark rate when LIBOR is 
        discontinued; and

[[Page 136 STAT. 826]]

            (3) the cessation or nonrepresentativeness of LIBOR could 
        result in disruptive litigation related to existing contracts 
        that do not provide for the use of a clearly defined or 
        practicable replacement benchmark rate.

    (b) Purpose.--It is the purpose of this division--
            (1) to establish a clear and uniform process, on a 
        nationwide basis, for replacing LIBOR in existing contracts the 
        terms of which do not provide for the use of a clearly defined 
        or practicable replacement benchmark rate, without affecting the 
        ability of parties to use any appropriate benchmark rate in new 
        contracts;
            (2) to preclude litigation related to existing contracts the 
        terms of which do not provide for the use of a clearly defined 
        or practicable replacement benchmark rate;
            (3) to allow existing contracts that reference LIBOR but 
        provide for the use of a clearly defined and practicable 
        replacement rate, to operate according to their terms; and
            (4) to address LIBOR references in Federal law.
SEC. 103. <<NOTE: 12 USC 5802.>>  DEFINITIONS.

    In this division:
            (1) Benchmark.--The term ``benchmark'' means an index of 
        interest rates or dividend rates that is used, in whole or in 
        part, as the basis of or as a reference for calculating or 
        determining any valuation, payment, or other measurement.
            (2) Benchmark administrator.--The term ``benchmark 
        administrator'' means a person that publishes a benchmark for 
        use by third parties.
            (3) Benchmark replacement.--The term ``benchmark 
        replacement'' means a benchmark, or an interest rate or dividend 
        rate (which may or may not be based in whole or in part on a 
        prior setting of LIBOR), to replace LIBOR or any interest rate 
        or dividend rate based on LIBOR, whether on a temporary, 
        permanent, or indefinite basis, under or with respect to a LIBOR 
        contract.
            (4) Benchmark replacement conforming changes.--The term 
        ``benchmark replacement conforming changes'' means any 
        technical, administrative, or operational changes, alterations, 
        or modifications that--
                    (A) <<NOTE: Determination.>>  the Board determines, 
                in its discretion, would address 1 or more issues 
                affecting the implementation, administration, and 
                calculation of the Board-selected benchmark replacement 
                in LIBOR contracts; or
                    (B) solely with respect to a LIBOR contract that is 
                not a consumer loan, in the reasonable judgment of a 
                calculating person, are otherwise necessary or 
                appropriate to permit the implementation, 
                administration, and calculation of the Board-selected 
                benchmark replacement under or with respect to a LIBOR 
                contract after giving due consideration to any benchmark 
                replacement conforming changes under subparagraph (A).
            (5) Board.--The term ``Board'' means the Board of Governors 
        of the Federal Reserve System.
            (6) Board-selected benchmark replacement.--The term ``Board-
        selected benchmark replacement'' means a benchmark replacement 
        identified by the Board that is based on SOFR,

[[Page 136 STAT. 827]]

        including any tenor spread adjustment pursuant to section 
        104(e).
            (7) Calculating person.--The term ``calculating person'' 
        means, with respect to any LIBOR contract, any person, including 
        the determining person, responsible for calculating or 
        determining any valuation, payment, or other measurement based 
        on a benchmark.
            (8) Consumer; credit.--The terms ``consumer'' and ``credit'' 
        have the meanings given the terms in section 103 of the Truth in 
        Lending Act (15 U.S.C. 1602).
            (9) Consumer loan.--The term ``consumer loan'' means a 
        consumer credit transaction.
            (10) Determining person.--The term ``determining person'' 
        means, with respect to any LIBOR contract, any person with the 
        authority, right, or obligation, including on a temporary basis 
        (as identified by the LIBOR contract or by the governing law of 
        the LIBOR contract, as appropriate) to determine a benchmark 
        replacement.
            (11) Fallback provisions.--The term ``fallback provisions'' 
        means terms in a LIBOR contract for determining a benchmark 
        replacement, including any terms relating to the date on which 
        the benchmark replacement becomes effective.
            (12) IBOR.--The term ``IBOR'' means LIBOR, any tenor of non-
        U.S. dollar currency rates formerly known as the London 
        interbank offered rate as administered by ICE Benchmark 
        Administration Limited (or any predecessor or successor 
        administrator thereof), and any other interbank offered rates 
        that are expected to cease.
            (13) IBOR benchmark replacement.--The term ``IBOR benchmark 
        replacement'' means a benchmark, or an interest rate or dividend 
        rate (which may or may not be based in whole or in part on a 
        prior setting of an IBOR), to replace an IBOR or any interest 
        rate or dividend rate based on an IBOR, whether on a temporary, 
        permanent, or indefinite basis, under or with respect to an IBOR 
        contract.
            (14) IBOR contract.--The term ``IBOR contract'' means any 
        contract, agreement, indenture, organizational document, 
        guarantee, mortgage, deed of trust, lease, security (whether 
        representing debt or equity, including any interest in a 
        corporation, a partnership, or a limited liability company), 
        instrument, or other obligation or asset that, by its terms, 
        continues in any way to use an IBOR as a benchmark.
            (15) LIBOR.--The term ``LIBOR''--
                    (A) means the overnight and 1-, 3-, 6-, and 12-month 
                tenors of U.S. dollar LIBOR (formerly known as the 
                London interbank offered rate) as administered by ICE 
                Benchmark Administration Limited (or any predecessor or 
                successor administrator thereof); and
                    (B) does not include the 1-week or 2-month tenors of 
                U.S. dollar LIBOR.
            (16) LIBOR contract.--The term ``LIBOR contract'' means any 
        contract, agreement, indenture, organizational document, 
        guarantee, mortgage, deed of trust, lease, security (whether 
        representing debt or equity, including any interest in a 
        corporation, a partnership, or a limited liability company), 
        instrument, or other obligation or asset that, by its terms, 
        uses LIBOR as a benchmark.

[[Page 136 STAT. 828]]

            (17) LIBOR replacement date.--The term ``LIBOR replacement 
        date'' means the first London banking day after June 30, 2023, 
        unless the Board determines that any LIBOR tenor will cease to 
        be published or cease to be representative on a different date.
            (18) Security.--The term ``security'' has the meaning given 
        the term in section 2(a) of the Securities Act of 1933 (15 
        U.S.C. 77b(a)).
            (19) SOFR.--The term ``SOFR'' means the Secured Overnight 
        Financing Rate published by the Federal Reserve Bank of New York 
        (or a successor administrator).
            (20) Tenor spread adjustment.--The term ``tenor spread 
        adjustment'' means--
                    (A) 0.00644 percent for overnight LIBOR;
                    (B) 0.11448 percent for 1-month LIBOR;
                    (C) 0.26161 percent for 3-month LIBOR;
                    (D) 0.42826 percent for 6-month LIBOR; and
                    (E) 0.71513 percent for 12-month LIBOR.
SEC. 104. <<NOTE: 12 USC 5803.>>  LIBOR CONTRACTS.

    (a) In General.--On the LIBOR replacement date, the Board-selected 
benchmark replacement shall be the benchmark replacement for any LIBOR 
contract that, after giving any effect to subsection (b)--
            (1) contains no fallback provisions; or
            (2) contains fallback provisions that identify neither--
                    (A) a specific benchmark replacement; nor
                    (B) a determining person.

    (b) Fallback Provisions.--On the LIBOR replacement date, any 
reference in the fallback provisions of a LIBOR contract to--
            (1) a benchmark replacement that is based in any way on any 
        LIBOR value, except to account for the difference between LIBOR 
        and the benchmark replacement; or
            (2) a requirement that a person (other than a benchmark 
        administrator) conduct a poll, survey, or inquiries for quotes 
        or information concerning interbank lending or deposit rates;

shall be disregarded as if not included in the fallback provisions of 
such LIBOR contract and shall be deemed null and void and without any 
force or effect.
    (c) Authority of Determining Person.--
            (1) In general.--Subject to subsection (f)(2), a determining 
        person may select the Board-selected benchmark replacement as 
        the benchmark replacement.
            (2) Selection.--Any selection by a determining person of the 
        Board-selected benchmark replacement pursuant to paragraph (1) 
        shall be--
                    (A) irrevocable;
                    (B) made by the earlier of the LIBOR replacement 
                date and the latest date for selecting a benchmark 
                replacement according to the terms of the LIBOR 
                contract; and
                    (C) used in any determinations of the benchmark 
                under or with respect to the LIBOR contract occurring on 
                and after the LIBOR replacement date.
            (3) No selection.--If a determining person does not select a 
        benchmark replacement by the date specified in paragraph (2)(B), 
        the Board-selected benchmark replacement, on and after

[[Page 136 STAT. 829]]

        the LIBOR replacement date, shall be the benchmark replacement 
        for the LIBOR contract.

    (d) Conforming Changes.--
            (1) In general.--If the Board-selected benchmark replacement 
        becomes the benchmark replacement for a LIBOR contract pursuant 
        to subsection (a) or (c), all benchmark replacement conforming 
        changes shall become an integral part of the LIBOR contract.
            (2) No consent required.--A calculating person shall not be 
        required to obtain consent from any other person prior to the 
        adoption of benchmark replacement conforming changes.

    (e) Adjustment by Board.--
            (1) In general.--Except as provided in paragraph (2), on the 
        LIBOR replacement date, the Board shall adjust the Board-
        selected benchmark replacement for each category of LIBOR 
        contract that the Board may identify to include the relevant 
        tenor spread adjustment.
            (2) Consumer loans.--For LIBOR contracts that are consumer 
        loans, the Board shall adjust the Board-selected benchmark 
        replacement as follows:
                    (A) <<NOTE: Time period.>>  During the 1-year period 
                beginning on the LIBOR replacement date, incorporate an 
                amount, to be determined for any business day during 
                that period, that transitions linearly from the 
                difference between the Board-selected benchmark 
                replacement and the corresponding LIBOR tenor determined 
                as of the day immediately before the LIBOR replacement 
                date to the relevant tenor spread adjustment.
                    (B) On and after the date that is 1 year after the 
                LIBOR replacement date, incorporate the relevant tenor 
                spread adjustment.

    (f) Rule of Construction.--Nothing in this division may be construed 
to alter or impair--
            (1) any written agreement specifying that a LIBOR contract 
        shall not be subject to this division;
            (2) except as provided in subsection (b), any LIBOR contract 
        that contains fallback provisions that identify a benchmark 
        replacement that is not based in any way on any LIBOR value 
        (including the prime rate or the effective Federal funds rate);
            (3) except as provided in subsection (b) or (c)(3), any 
        LIBOR contract subject to subsection (c)(1) as to which a 
        determining person does not elect to use a Board-selected 
        benchmark replacement pursuant to that subsection;
            (4) the application to a Board-selected benchmark 
        replacement of any cap, floor, modifier, or spread adjustment to 
        which LIBOR had been subject pursuant to the terms of a LIBOR 
        contract;
            (5) any provision of Federal consumer financial law that--
                    (A) requires creditors to notify borrowers regarding 
                a change-in-terms; or
                    (B) governs the reevaluation of rate increases on 
                credit card accounts under open-ended (not home-secured) 
                consumer credit plans; or
            (6) except as provided in section 105(c), the rights or 
        obligations of any person, or the authorities of any agency, 
        under Federal consumer financial law, as defined in section 1002

[[Page 136 STAT. 830]]

        of the Consumer Financial Protection Act of 2010 (12 U.S.C. 
        5481).
SEC. 105. <<NOTE: 12 USC 5804.>>  CONTINUITY OF CONTRACT AND SAFE 
                        HARBOR.

    (a) In General.--A Board-selected benchmark replacement and the 
selection or use of a Board-selected benchmark replacement as a 
benchmark replacement under or with respect to a LIBOR contract, and any 
benchmark replacement conforming changes, shall constitute--
            (1) a commercially reasonable replacement for and a 
        commercially substantial equivalent to LIBOR;
            (2) a reasonable, comparable, or analogous rate, index, or 
        term for LIBOR;
            (3) a replacement that is based on a methodology or 
        information that is similar or comparable to LIBOR;
            (4) substantial performance by any person of any right or 
        obligation relating to or based on LIBOR; and
            (5) a replacement that has historical fluctuations that are 
        substantially similar to those of LIBOR for purposes of the 
        Truth in Lending Act (15 U.S.C. 1601 note) and regulations 
        promulgated under that division.

    (b) No Impairment.--Neither the selection or use of a Board-selected 
benchmark replacement as a benchmark replacement nor the determination, 
implementation, or performance of benchmark replacement conforming 
changes under section 104 may--
            (1) be deemed to impair or affect the right of any person to 
        receive a payment, or to affect the amount or timing of such 
        payment, under any LIBOR contract; or
            (2) have the effect of--
                    (A) discharging or excusing performance under any 
                LIBOR contract for any reason, claim, or defense 
                (including any force majeure or other provision in any 
                LIBOR contract);
                    (B) giving any person the right to unilaterally 
                terminate or suspend performance under any LIBOR 
                contract;
                    (C) constituting a breach of any LIBOR contract; or
                    (D) voiding or nullifying any LIBOR contract.

    (c) Safe Harbor.--No person shall be subject to any claim or cause 
of action in law or equity or request for equitable relief, or have 
liability for damages, arising out of--
            (1) the selection or use of a Board-selected benchmark 
        replacement;
            (2) the implementation of benchmark replacement conforming 
        changes; or
            (3) with respect to a LIBOR contract that is not a consumer 
        loan, the determination of benchmark replacement conforming 
        changes,

in each case after giving effect to the provisions of section 104; 
provided, however, that in each case any person (including a calculating 
person) shall remain subject to the terms of a LIBOR contract that are 
not affected by this division and any existing legal, regulatory, or 
contractual obligations to correct servicing or other ministerial errors 
under or with respect to a LIBOR contract.
    (d) Selection.--The selection or use of a Board-selected benchmark 
replacement or the determination, implementation, or performance of 
benchmark replacement conforming changes under section 104 shall not be 
deemed to--

[[Page 136 STAT. 831]]

            (1) be an amendment or modification of any LIBOR contract; 
        or
            (2) prejudice, impair, or affect the rights, interests, or 
        obligations of any person under or with respect to any LIBOR 
        contract.

    (e) No Negative Inference.--Except as provided in subsections (a), 
(b), or (c)(1) of section 104, nothing in this division may be construed 
to create any negative inference or negative presumption regarding the 
validity or enforceability of--
            (1) any benchmark replacement (including any method for 
        calculating, determining, or implementing an adjustment to the 
        benchmark replacement to account for any historical differences 
        between LIBOR and the benchmark replacement) that is not a 
        Board-selected benchmark replacement; or
            (2) any changes, alterations, or modifications to or with 
        respect to a LIBOR contract that are not benchmark replacement 
        conforming changes.
SEC. 106. <<NOTE: 12 USC 5805.>>  BENCHMARK FOR LOANS.

    (a) Definitions.--In this section:
            (1) Bank.--The term ``bank'' means an institution subject to 
        examination by a Federal financial institutions regulatory 
        agency.
            (2) Covered action.--The term ``covered action'' means--
                    (A) the initiation by a Federal supervisory agency 
                of an enforcement action, including the issuance of a 
                cease-and-desist order; or
                    (B) the issuance by a Federal supervisory agency of 
                a matter requiring attention, a matter requiring 
                immediate attention; or a matter requiring board 
                attention resulting from a supervisory activity 
                conducted by the Federal supervisory agency.
            (3) Federal financial institutions regulatory agency.--The 
        term ``Federal financial institutions regulatory agencies'' has 
        the meaning given the term in section 1003 of the Federal 
        Financial Institutions Examination Council Act of 1978 (12 
        U.S.C. 3302).
            (4) Federal supervisory agency.--The term ``Federal 
        supervisory agency'' means an agency listed in subparagraphs (A) 
        through (H) of section 1101(7) of the Right to Financial Privacy 
        Act of 1978 (12 U.S.C. 3401(7)).
            (5) Non-IBOR loan.--The term ``non-IBOR loan'' means any 
        loan that, by its terms, does not use in any way LIBOR, any 
        tenor of non-U.S. dollar currency rates formerly known as the 
        London interbank offered rate as administered by ICE Benchmark 
        Administration Limited (or any predecessor or successor 
        administrator thereof), and any other interbank offered rates 
        that are expected to cease, as a benchmark.

    (b) Benchmarks Used by Banks.--With respect to a benchmark used by a 
bank--
            (1) the bank, in any non-IBOR loan made before, on, or after 
        the date of enactment of this Act, may use any benchmark, 
        including a benchmark that is not SOFR, that the bank determines 
        to be appropriate for the funding model of the bank; the needs 
        of the customers of the bank; and the products, risk profile, 
        risk management capabilities, and operational capabilities of 
        the bank; provided, however, that the use of

[[Page 136 STAT. 832]]

        any benchmark shall remain subject to the terms of the non-IBOR 
        loan, and applicable law; and
            (2) no Federal supervisory agency may take any covered 
        action against the bank solely because that benchmark is not 
        SOFR.
SEC. 107. <<NOTE: 12 USC 5806.>>  PREEMPTION.

    This division, and regulations promulgated under this division, 
shall supersede any provision of any State or local law, statute, rule, 
regulation, or standard--
            (1) relating to the selection or use of a benchmark 
        replacement or related conforming changes; or
            (2) expressly limiting the manner of calculating interest, 
        including the compounding of interest, as that provision applies 
        to the selection or use of a Board-selected benchmark 
        replacement or benchmark replacement conforming changes.
SEC. 108. TRUST INDENTURE ACT OF 1939.

    Section 316(b) of the Trust Indenture Act of 1939 (15 U.S.C. 
77ppp(b)) is amended--
            (1) by striking ``, except as'' and inserting ``, except--
            ``(1) as'';
            (2) in paragraph (1), as so designated, by striking ``(a), 
        and except that'' and inserting ``(a);
            ``(2) that'';
            (3) in paragraph (2), as so designated, by striking the 
        period at the end and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(3) that the right of any holder of any indenture security 
        to receive payment of the principal of and interest on such 
        indenture security shall not be deemed to be impaired or 
        affected by any change occurring by the application of section 
        104 of the Adjustable Interest Rate (LIBOR) Act to any indenture 
        security.''.
SEC. 109. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.

    Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 U.S.C. 
1087-1(b)(2)(I)) is amended by adding at the end the following:
                          ``(viii) Revised calculation rule to address 
                      instances where 1-month usd libor ceases or is 
                      non-representative.--
                                    ``(I) Substitute reference index.--
                                The provisions of this clause apply to 
                                loans for which the special allowance 
                                payment would otherwise be calculated 
                                pursuant to clause (vii).
                                    ``(II) Calculation based on sofr.--
                                For loans described in subclause (III) 
                                or (IV), the special allowance payment 
                                described in this subclause shall be 
                                substituted for the payment provided 
                                under clause (vii). For each calendar 
                                quarter, the formula for computing the 
                                special allowance that would otherwise 
                                apply under clause (vii) shall be 
                                revised by substituting `of the quotes 
                                of the 30-day Average Secured Overnight 
                                Financing Rate (SOFR) in effect for each 
                                of the days in such quarter as published 
                                by the Federal Reserve Bank of New York 
                                (or a successor administrator),

[[Page 136 STAT. 833]]

                                adjusted daily by adding the tenor 
                                spread adjustment, as that term is 
                                defined in the Adjustable Interest Rate 
                                (LIBOR) Act, for 1-month LIBOR contracts 
                                of 0.11448 percent' for `of the 1-month 
                                London Inter Bank Offered Rate (LIBOR) 
                                for United States dollars in effect for 
                                each of the days in such quarter as 
                                compiled and released by the British 
                                Bankers Association'. The special 
                                allowance calculation for loans subject 
                                to clause (vii) shall otherwise remain 
                                in effect.
                                    ``(III) Loans eligible for sofr-
                                based calculation.--
                                Except <<NOTE: Applicability. Notificatio
                                n. Waiver.>>  as provided in subclause 
                                (IV), the special allowance payment 
                                calculated under subclause (II) shall 
                                apply to all loans for which the holder 
                                (or, if the holder acts as an eligible 
                                lender trustee for the beneficial owner 
                                of the loan, the beneficial owner of the 
                                loan) at any time after the effective 
                                date of this clause notifies the 
                                Secretary that the holder or beneficial 
                                owner affirmatively and permanently 
                                elects to waive all contractual, 
                                statutory, or other legal rights to a 
                                special allowance paid under clause 
                                (vii) or to the special allowance paid 
                                pursuant to any other formula that was 
                                previously in effect with respect to 
                                such loan, and accepts the rate 
                                described in subclause (II). Any such 
                                waiver shall apply to all loans then 
                                held, or to be held from time to time, 
                                by such holder or beneficial owner; 
                                provided that, due to the need to obtain 
                                the approval of, demonstrated to the 
                                satisfaction of the Secretary--
                                            ``(aa) one or more third 
                                        parties with a legal or 
                                        beneficial interest in loans 
                                        eligible for the SOFR-based 
                                        calculation; or
                                            ``(bb) a nationally 
                                        recognized rating organization 
                                        assigning a rating to a 
                                        financing secured by loans 
                                        otherwise eligible for the SOFR-
                                        based calculation,
                                the holder of the loan (or, if the 
                                holder acts as an eligible lender 
                                trustee for the beneficial owner of the 
                                loan, the beneficial owner of the loan) 
                                may elect to apply the rate described in 
                                subclause (II) to specified loan 
                                portfolios established for financing 
                                purposes by separate notices with 
                                different effective dates. The special 
                                allowance rate based on SOFR shall be 
                                effective with respect to a portfolio as 
                                of the first day of the calendar quarter 
                                following the applicable effective date 
                                of the waiver received by the Secretary 
                                from the holder or beneficial owner and 
                                shall permanently and irrevocably 
                                continue for all subsequent quarters.
                                    ``(IV) Fallback provisions.--
                                            ``(aa) In the event that a 
                                        holder or beneficial owner has 
                                        not elected to waive its rights 
                                        to a special allowance payment 
                                        under clause (vii) with respect 
                                        to a portfolio with an effective 
                                        date of the waiver prior to the 
                                        first of--

[[Page 136 STAT. 834]]

                                                ``(AA) the date on which 
                                            the ICE Benchmark 
                                            Administration (`IBA') has 
                                            permanently or indefinitely 
                                            stopped providing the 1-
                                            month United States Dollar 
                                            LIBOR (`1-month USD LIBOR') 
                                            to the general public;
                                                ``(BB) the effective 
                                            date of an official public 
                                            statement by the IBA or its 
                                            regulator that the 1-month 
                                            USD LIBOR is no longer 
                                            reliable or no longer 
                                            representative; or
                                                ``(CC) the LIBOR 
                                            replacement date, as defined 
                                            in section 103 of the 
                                            Adjustable Interest Rate 
                                            (LIBOR) Act,
                                        the special allowance rate 
                                        calculation as described in 
                                        subclause (II) shall, by 
                                        operation of law, apply to all 
                                        loans in such portfolio.
                                            ``(bb) In such event--
                                                ``(AA) the last 
                                            determined rate of special 
                                            allowance based on 1-month 
                                            USD LIBOR will continue to 
                                            apply until the end of the 
                                            then current calendar 
                                            quarter; and
                                                ``(BB) the special 
                                            allowance rate calculation 
                                            as described in subclause 
                                            (II) shall become effective 
                                            as of the first day of the 
                                            following calendar quarter 
                                            and remain in effect for all 
                                            subsequent calendar 
                                            quarters.''.
SEC. 110. <<NOTE: Deadline. 12 USC 5807.>>  RULEMAKING.

    Not later than 180 days after the date of enactment of this Act, the 
Board shall promulgate regulations to carry out this division.

    DIVISION V--HAITI <<NOTE: Haiti Development, Accountability, and 
       Institutional Transparency Initiative Act.>>  DEVELOPMENT, 
ACCOUNTABILITY, AND INSTITUTIONAL TRANSPARENCY INITIATIVE ACT
SEC. 101. <<NOTE: 22 USC 2151 note.>>  SHORT TITLE.

    This division may be cited as the ``Haiti Development, 
Accountability, and Institutional Transparency Initiative Act''.
SEC. 102. <<NOTE: 22 USC 2151 note.>>  STATEMENT OF POLICY.

    It is the policy of the United States to support the sustainable 
rebuilding and development of Haiti in a manner that--
            (1) recognizes Haitian independence, self-reliance, and 
        sovereignty;
            (2) promotes efforts that are led by and support the people 
        and Government of Haiti at all levels so that Haitians lead the 
        course of reconstruction and development of Haiti;
            (3) contributes to international efforts to facilitate 
        conditions for broad, inclusive, and sustained political 
        dialogue among the different actors in Haiti to restore 
        democratic legitimacy and institutions in Haiti;

[[Page 136 STAT. 835]]

            (4) builds the long-term capacity of the Government of 
        Haiti, civil society, and the private sector to foster economic 
        opportunities in Haiti;
            (5) fosters collaboration between the Haitian diaspora in 
        the United States, including dual citizens of Haiti and the 
        United States, and the Government of Haiti and the business 
        community in Haiti;
            (6) supports anticorruption efforts, promotes press freedom, 
        and addresses human rights concerns, including through the 
        enforcement of sanctions imposed in accordance with the Global 
        Magnitsky Human Rights Accountability Act (subtitle F of title 
        XII of Public Law 114-328; 22 U.S.C. 2656 note) on individuals 
        implicated in human rights violations and corruption;
            (7) respects and helps restore the natural resources of 
        Haiti and strengthens community-level resilience to 
        environmental and weather-related impacts;
            (8) promotes political stability through the holding of 
        free, fair, transparent, and timely elections in accordance with 
        democratic principles and the Constitution of Haiti;
            (9) provides timely and comprehensive reporting on the goals 
        and progress of the Government of Haiti and the United States 
        Government, and transparent post-program evaluations and 
        contracting data; and
            (10) promotes the participation of Haitian women and youth 
        in governmental and nongovernmental institutions and in economic 
        development and governance assistance programs funded by the 
        United States.
SEC. 103. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

    In this division, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.
SEC. 104. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION EFFORTS IN 
                        HAITI AND HOLDING PERPETRATORS OF THE LA 
                        SALINE MASSACRE ACCOUNTABLE.

    (a) Prioritization by Secretary of State.--The Secretary of State 
shall prioritize the protection of human rights and anticorruption 
efforts in Haiti through the following methods:
            (1) Fostering strong relationships with independent civil 
        society groups focused on monitoring corruption and human rights 
        abuses and promoting democracy in Haiti.
            (2) Supporting the efforts of the Government of Haiti to 
        identify persons involved in human rights violations and 
        significant acts of corruption in Haiti, including public and 
        private sector actors, and hold them accountable for their 
        actions.
            (3) Addressing concerns of impunity for the alleged 
        perpetrators of and the individuals who organized and planned 
        the massacre in La Saline that took place on November 13, 2018.
            (4) Urging authorities to continue to investigate attacks in 
        the neighborhoods of La Saline and Bel Air in 2018 and 2019 that 
        left dozens dead in order to bring the perpetrators to justice.

[[Page 136 STAT. 836]]

    (b) Briefing.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        shall brief the appropriate congressional committees on the 
        events that took place on November 13, 2018, in the neighborhood 
        of La Saline, in Port-au-Prince, Haiti, and the aftermath of 
        those events.
            (2) Elements.--The briefing required by paragraph (1) shall 
        include the following:
                    (A) <<NOTE: Examination.>>  An examination of any 
                links between the massacre in La Saline and mass 
                protests that occurred concurrently in Haiti.
                    (B) <<NOTE: Analysis.>>  An analysis of the reports 
                on the massacre in La Saline authored by the United 
                Nations, the European Union, and the Government of 
                Haiti.
                    (C) A detailed description of all known perpetrators 
                of and the individuals who organized and planned the 
                massacre.
                    (D) An overview of efforts of the Government of 
                Haiti to bring the perpetrators of and the individuals 
                who organized and planned the massacre in La Saline to 
                justice and to prevent other similar attacks.
                    (E) <<NOTE: Assessment.>>  An assessment of the 
                ensuing treatment and displacement of the survivors of 
                the massacre in La Saline.
            (3) Consultation.--In carrying out paragraph (1), the 
        Secretary shall consult with nongovernmental organizations in 
        Haiti and the United States.
SEC. 105. PROMOTING FREEDOM OF THE PRESS AND ASSEMBLY IN HAITI.

    The Secretary of State shall prioritize the promotion of freedom of 
the press and freedom of assembly and the protection of journalists in 
Haiti through the following methods:
            (1) Advocating to Haitian authorities for increased 
        protection for journalists and the press and for the freedom to 
        peacefully assemble or protest in Haiti.
            (2) Collaborating with officials of the Government of Haiti 
        and representatives of civil society to increase legal 
        protections for journalists in Haiti.
            (3) Supporting efforts to strengthen transparency in the 
        public and private sectors in Haiti and access to information in 
        Haiti.
            (4) Using United States foreign assistance for programs to 
        strengthen capacity for independent journalists and increase 
        support for investigative journalism in Haiti.
SEC. 106. SUPPORTING POST-EARTHQUAKE, POST-HURRICANE, AND POST-
                        COVID-19 RECOVERY AND DEVELOPMENT IN 
                        HAITI.

    The <<NOTE: Coordination.>>  Secretary of State, in coordination 
with the Administrator of the United States Agency for International 
Development, shall prioritize post-earthquake, post-hurricane, and post-
COVID-19 recovery and development efforts in Haiti through the following 
methods:
            (1) Collaborating with the Government of Haiti on a detailed 
        and transparent development plan that includes clear objectives 
        and benchmarks.
            (2) Building the capacity of Haitian-led public, private, 
        and nongovernmental sector institutions in Haiti through post-

[[Page 136 STAT. 837]]

        earthquake and post-hurricane recovery and development planning.
            (3) <<NOTE: Assessment.>>  Assessing the impact of the 
        recovery efforts of the United States and the international 
        community in Haiti since January 2010.
            (4) Supporting disaster resilience and reconstruction 
        efforts.
            (5) Addressing the underlying causes of poverty and 
        inequality.
            (6) Improving access to--
                    (A) health resources;
                    (B) public health technical assistance; and
                    (C) clean water, food, and shelter.
            (7) <<NOTE: Assessment. Evaluation.>>  Assessing the impact 
        of the COVID-19 pandemic on post-disaster recovery efforts and 
        evaluating United States support needed to help with the 
        pandemic response in Haiti.
            (8) Supporting--
                    (A) the export of additional United States-produced 
                COVID-19 vaccine doses to Haiti; and
                    (B) the safe storage, transport, and end-to-end 
                distribution of United States-produced COVID-19 vaccines 
                throughout Haiti, in light of ongoing humanitarian 
                access challenges presented by Haiti's security 
                environment.
SEC. 107. REPORT ON DEVELOPMENTS IN HAITI.

    (a) <<NOTE: Coordination.>>  In General.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of State, in 
coordination with the Administrator of the United States Agency for 
International Development (in this section referred to as the 
``Administrator'') and other relevant agencies and departments, shall 
submit to the appropriate congressional committees a report on 
developments in Haiti.

    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) <<NOTE: Strategy.>>  A strategy for carrying out 
        sections 104(a), 105, and 106 of this division, including 
        established baselines, benchmarks, and indicators to measure 
        outcomes and impact.
            (2) <<NOTE: Assessment.>>  An assessment of major corruption 
        committed among the public and private sectors in Haiti, 
        including identification of any individual or entity that 
        financed corruption activities, and all corruption prosecutions 
        investigated by the judiciary of Haiti since January 2015.
            (3) An overview of efforts of the Government of Haiti to 
        address corruption, including the Petrocaribe scandal, and 
        corrective measures to strengthen and restore trust in the 
        public institutions of Haiti.
            (4) A description of efforts of the United States Government 
        to consult and engage with officials of the Government of Haiti 
        and independent civil society groups focused on monitoring 
        corruption and human rights abuses and promoting democracy and 
        press freedom in Haiti since January 2015.
            (5) A description of the response by the Government of Haiti 
        to civic protests that have taken place since July 2018 and any 
        allegations of human rights abuses, including attacks on 
        journalists.
            (6) <<NOTE: Assessment.>>  An assessment of United States 
        security assistance to Haiti, including United States support to 
        the Haitian

[[Page 136 STAT. 838]]

        National Police and an assessment of compliance with section 
        620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and 
        section 362 of title 10, United States Code (commonly referred 
        to as the ``Leahy Laws'').
            (7) A description of the efforts of the Government of Haiti 
        to support displaced survivors of urban and gang violence.
            (8) <<NOTE: Assessment.>>  An assessment of United States 
        interagency efforts to counter kidnapping and armed violence in 
        Haiti.
            (9) <<NOTE: Assessment.>>  An assessment of the impact of 
        presidential decrees on the health of Haiti's democratic 
        institutions and the safeguarding of human rights, including 
        decrees relating to--
                    (A) reducing the authority of the Superior Court of 
                Accounts and Administrative Litigation;
                    (B) promulgating an antiterrorism law;
                    (C) establishing the National Intelligence Agency; 
                and
                    (D) retiring and subsequently appointing judges to 
                the Supreme Court of Haiti.
            (10) <<NOTE: Review.>>  A review of the alleged coup against 
        President Moise on February 7, 2021, and subsequent arrest and 
        jailings of alleged perpetrators.
            (11) <<NOTE: Analysis.>>  An analysis, conducted in 
        collaboration with the Government of Haiti, of efforts to 
        support development goals in Haiti since January 2015, including 
        steps taken--
                    (A) to strengthen institutions at the national and 
                local levels; and
                    (B) to strengthen democratic governance at the 
                national and local levels.
            (12) <<NOTE: Analysis.>>  An analysis of the effectiveness 
        and sustainability of development projects financed by the 
        United States, including the Caracol Industrial Park and 
        supporting infrastructure.
            (13) A description of procurement from Haitian small- and 
        medium-sized businesses and nongovernmental organizations by the 
        Government of the United States and the Government of Haiti for 
        development and humanitarian activities, disaggregated by year 
        since 2015, and a description of efforts to increase local 
        procurement, including food aid.
            (14) A description of United States efforts since January 
        2015 to assist the Haitian people in their pursuits for free, 
        fair, and timely democratic elections.
            (15) An overview of United States efforts to cooperate with 
        diplomatic partners in Latin America, the Caribbean, Canada, and 
        Europe to engage with political leaders, civil society, the 
        private sector, and underrepresented populations in Haiti to 
        support a stable environment conducive to holding free and fair 
        elections.
            (16) <<NOTE: Assessment.>>  Quantitative and qualitative 
        indicators to assess progress and benchmarks for United States 
        initiatives focused on sustainable development in Haiti, 
        including democracy assistance, economic revitalization, natural 
        disaster recovery, pandemic response, resilience, energy and 
        infrastructure, health, and food security.

    (c) Consultation.--In preparing the report required by subsection 
(a), the Secretary and the Administrator shall consult, as appropriate, 
with--
            (1) nongovernmental organizations and civil society groups 
        in Haiti and the United States; and
            (2) the Government of Haiti.

[[Page 136 STAT. 839]]

    (d) <<NOTE: Web posting.>>  Public Availability.--The Secretary 
shall make the report required by subsection (a) publicly available on 
the website of the Department of State.
SEC. 108. <<NOTE: Coordination.>>  REPORT ON THE ASSASSINATION OF 
                        PRESIDENT JOVENEL MOISE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Attorney General, the Secretary of Homeland Security, and the Director 
of the Central Intelligence Agency, shall submit to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives a report on the July 7, 2021, assassination 
of former President of Haiti Jovenel Moise.
    (b) Updated Report.--Not later than 180 days after the submission of 
the report required by subsection (a), the Secretary of State, in 
coordination with the Attorney General, the Secretary of Homeland 
Security, and the Director of the Central Intelligence Agency, shall 
submit to the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives an updated 
version of the report that includes any significant developments related 
to the assassination of former President of Haiti Jovenel Moise.
    (c) Elements.--The report required by subsection (a) and the report 
required by subsection (b) shall each include the following elements:
            (1) A detailed description of the events leading up to the 
        assassination of former President Jovenel Moise and the 
        subsequent investigation of the assassination, including a 
        description and identification of key dates and the names of 
        foreign persons related to the assassination and the 
        investigation of the assassination.
            (2) A description of United States support for the efforts 
        of Haitian authorities to investigate the assassination of 
        former President Jovenel Moise.
            (3) <<NOTE: Assessment.>>  An assessment of the independence 
        and capacity of Haitian authorities to investigate the 
        assassination of former President Jovenel Moise, including 
        analysis of significant advances and deficiencies of the 
        investigation.
            (4) A description of any threats and acts of intimidation 
        against Haitian law enforcement and judicial authorities 
        involved in the investigation of the assassination of former 
        President Jovenel Moise, including the identification of foreign 
        persons involved in such threats and acts of intimidation.
            (5) A description of any efforts to interfere in or 
        undermine the independence and integrity of the investigation of 
        the assassination of former President Jovenel Moise.
            (6) A description of whether any foreign persons previously 
        employed by or who served as a contractor or informant for the 
        United States Government were involved in the assassination of 
        former President Jovenel Moise.
            (7) A description and the identification of foreign persons 
        involved in the execution and planning of the assassination of 
        former President Jovenel Moise and an assessment of the 
        intentions of such foreign persons.

    (d) Form of Report.--The report required by subsection (a) and the 
updated report required by subsection (b) shall each be

[[Page 136 STAT. 840]]

submitted in an unclassified form, but each may include a classified 
annex.
    (e) <<NOTE: Web posting. Deadlines.>>  Publication.--The Secretary 
of State shall post on the public website of the Department of State--
            (1) the unclassified version of the report required by 
        subsection (a) not later than 15 days after the date on which 
        the report is submitted under such subsection; and
            (2) the unclassified version of the report required by 
        subsection (b) not later than 15 days after the date on which 
        the report is submitted under such subsection.

    (f) <<NOTE: Deadlines.>>  Briefing Requirement.--The Secretary of 
State, in coordination with the Attorney General, the Secretary of 
Homeland Security, and the Director of the Central Intelligence Agency, 
shall brief the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives on--
            (1) the contents of the report required by subsection (a) 
        not later than 15 days after the date on which the report is 
        submitted under such subsection; and
            (2) the contents of the report required by subsection (b) 
        not later than 15 days after the date on which the report is 
        submitted under such subsection.
SEC. 109. REPEAL.

    The Assessing Progress in Haiti Act of 2014 (22 U.S.C. 2151 note; 
Public Law 113-162) is repealed.
SEC. 110. <<NOTE: 22 USC 2151 note.>>  TERMINATION.

    This division shall terminate on December 31, 2025.

  DIVISION W <<NOTE: Violence Against Women Act Reauthorization Act of 
2022.>> --VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION ACT OF 2022
SEC. 1. <<NOTE: 34 USC 10101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Violence Against Women Act 
Reauthorization Act of 2022''.
SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.

    (a) In General.--Section 40002 of the Violence Against Women Act of 
1994 (34 U.S.C. 12291) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``In this title'' and inserting ``In this 
                title, for the purpose of grants authorized under this 
                title'';
                    (B) by redesignating paragraphs (43) through (45) as 
                paragraphs (50) through (52), respectively;
                    (C) by redesignating paragraphs (34) through (42) as 
                paragraphs (41) through (49), respectively;
                    (D) by redesignating paragraphs (26) through (33) as 
                paragraphs (32) through (39), respectively;
                    (E) by redesignating paragraphs (18) through (25) as 
                paragraphs (23) through (30), respectively;
                    (F) by redesignating paragraphs (16) and (17) as 
                paragraphs (22) and (21), respectively, and transferring 
                paragraph (22), as so redesignated, so as to appear 
                before paragraph (23), as so redesignated;

[[Page 136 STAT. 841]]

                    (G) by redesignating paragraphs (12) through (15) as 
                paragraphs (17) through (20), respectively;
                    (H) by redesignating paragraph (11) as paragraph 
                (14);
                    (I) by redesignating paragraphs (9) and (10) as 
                paragraphs (10) and (11), respectively;
                    (J) by redesignating paragraph (8) as paragraph 
                (12), and transferring it to appear after paragraph 
                (11), as so redesignated;
                    (K) by redesignating paragraphs (6) and (7) as 
                paragraphs (8) and (9), respectively;
                    (L) by redesignating paragraph (2) as paragraph (7), 
                and transferring it to appear before paragraph (8), as 
                so redesignated;
                    (M) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (4), respectively, and transferring 
                paragraph (4), as so redesignated, so as to appear after 
                paragraph (3);
                    (N) by redesignating paragraph (1) as paragraph (2);
                    (O) by inserting before paragraph (2), as so 
                redesignated, the following:
            ``(1) Abuse in later life .--The term `abuse in later 
        life'--
                    ``(A) means--
                          ``(i) neglect, abandonment, economic abuse, or 
                      willful harm of an adult aged 50 or older by an 
                      individual in an ongoing relationship of trust 
                      with the victim; or
                          ``(ii) domestic violence, dating violence, 
                      sexual assault, or stalking of an adult aged 50 or 
                      older by any individual; and
                    ``(B) does not include self-neglect.'';
                    (P) by inserting after paragraph (5), as so 
                redesignated, the following:
            ``(6) Court-based personnel; court-related personnel.--The 
        terms `court-based personnel' and `court-related personnel' mean 
        individuals working in the court, whether paid or volunteer, 
        including--
                    ``(A) clerks, special masters, domestic relations 
                officers, administrators, mediators, custody evaluators, 
                guardians ad litem, lawyers, negotiators, probation, 
                parole, interpreters, victim assistants, victim 
                advocates, and judicial, administrative, or any other 
                professionals or personnel similarly involved in the 
                legal process;
                    ``(B) court security personnel;
                    ``(C) personnel working in related supplementary 
                offices or programs (such as child support enforcement); 
                and
                    ``(D) any other court-based or community-based 
                personnel having responsibilities or authority to 
                address domestic violence, dating violence, sexual 
                assault, or stalking in the court system.'';
                    (Q) in paragraph (12), as so redesignated, by 
                striking ``includes felony'' and all that follows 
                through ``jurisdiction.'' and inserting the following: 
                ``includes felony or misdemeanor crimes committed by a 
                current or former spouse or intimate partner of the 
                victim under the family or domestic violence laws of the 
                jurisdiction receiving grant funding and, in the case of 
                victim services, includes the use or attempted use of 
                physical abuse or sexual abuse,

[[Page 136 STAT. 842]]

                or a pattern of any other coercive behavior committed, 
                enabled, or solicited to gain or maintain power and 
                control over a victim, including verbal, psychological, 
                economic, or technological abuse that may or may not 
                constitute criminal behavior, by a person who--
                    ``(A) is a current or former spouse or intimate 
                partner of the victim, or person similarly situated to a 
                spouse of the victim;
                    ``(B) is cohabitating, or has cohabitated, with the 
                victim as a spouse or intimate partner;
                    ``(C) shares a child in common with the victim; or
                    ``(D) commits acts against a youth or adult victim 
                who is protected from those acts under the family or 
                domestic violence laws of the jurisdiction.'';
                    (R) by inserting after paragraph (12), as so 
                redesignated, the following:
            ``(13) Economic abuse.--The term `economic abuse', in the 
        context of domestic violence, dating violence, and abuse in 
        later life, means behavior that is coercive, deceptive, or 
        unreasonably controls or restrains a person's ability to 
        acquire, use, or maintain economic resources to which they are 
        entitled, including using coercion, fraud, or manipulation to--
                    ``(A) restrict a person's access to money, assets, 
                credit, or financial information;
                    ``(B) unfairly use a person's personal economic 
                resources, including money, assets, and credit, for 
                one's own advantage; or
                    ``(C) exert undue influence over a person's 
                financial and economic behavior or decisions, including 
                forcing default on joint or other financial obligations, 
                exploiting powers of attorney, guardianship, or 
                conservatorship, or failing or neglecting to act in the 
                best interests of a person to whom one has a fiduciary 
                duty.'';
                    (S) by inserting after paragraph (14), as so 
                redesignated, the following:
            ``(15) Female genital mutilation or cutting.--The term 
        `female genital mutilation or cutting' has the meaning given 
        such term in section 116 of title 18, United States Code.
            ``(16) Forced marriage.--The term `forced marriage' means a 
        marriage to which 1 or both parties do not or cannot consent, 
        and in which 1 or more elements of force, fraud, or coercion is 
        present. Forced marriage can be both a cause and a consequence 
        of domestic violence, dating violence, sexual assault or 
        stalking.'';
                    (T) by striking paragraph (17), as so redesignated, 
                and inserting the following:
            ``(17) Homeless.-- The term `homeless' has the meaning given 
        such term in section 41403.'';
                    (U) in paragraph (22), as so redesignated--
                          (i) in the heading, by inserting ``; indian 
                      tribe'' after ``tribe''; and
                          (ii) by striking ``term `Indian tribe' means'' 
                      and inserting ``terms `Indian tribe' and `Indian 
                      Tribe' mean'';
                    (V) by striking paragraph (24), as so redesignated, 
                and inserting the following:
            ``(24) Legal assistance.--

[[Page 136 STAT. 843]]

                    ``(A) Definition.--The term `legal assistance' means 
                assistance provided by or under the direct supervision 
                of a person described in subparagraph (B) to an adult, 
                youth, or child victim of domestic violence, dating 
                violence, sexual assault, or stalking relating to a 
                matter described in subparagraph (C).
                    ``(B) Person described.--A person described in this 
                subparagraph is--
                          ``(i) a licensed attorney;
                          ``(ii) in immigration proceedings, a Board of 
                      Immigration Appeals accredited representative;
                          ``(iii) in claims of the Department of 
                      Veterans Affairs, a representative authorized by 
                      the Secretary of Veterans Affairs; or
                          ``(iv) any person who functions as an attorney 
                      or lay advocate in tribal court.
                    ``(C) Matter described.--A matter described in this 
                subparagraph is a matter relating to--
                          ``(i) divorce, parental rights, child support, 
                      Tribal, territorial, immigration, employment, 
                      administrative agency, housing, campus, education, 
                      healthcare, privacy, contract, consumer, civil 
                      rights, protection or other injunctive 
                      proceedings, related enforcement proceedings, and 
                      other similar matters;
                          ``(ii) criminal justice investigations, 
                      prosecutions, and post-conviction matters 
                      (including sentencing, parole, and probation) that 
                      impact the victim's safety, privacy, or other 
                      interests as a victim;
                          ``(iii) alternative dispute resolution, 
                      restorative practices, or other processes intended 
                      to promote victim safety, privacy, and autonomy, 
                      and offender accountability, regardless of court 
                      involvement; or
                          ``(iv) with respect to a conviction of a 
                      victim relating to or arising from domestic 
                      violence, dating violence, sexual assault, 
                      stalking, or sex trafficking victimization of the 
                      victim, post-conviction relief proceedings in 
                      State, local, Tribal, or territorial court.
                    ``(D) Intake or referral.--For purposes of this 
                paragraph, intake or referral, by itself, does not 
                constitute legal assistance.'';
                    (W) by inserting after paragraph (30), as so 
                redesignated, the following:
            ``(31) Restorative practice.--The term `restorative 
        practice' means a practice relating to a specific harm that--
                    ``(A) is community-based and unaffiliated with any 
                civil or criminal legal process;
                    ``(B) is initiated by a victim of the harm;
                    ``(C) involves, on a voluntary basis and without any 
                evidence of coercion or intimidation of any victim of 
                the harm by any individual who committed the harm or 
                anyone associated with any such individual--
                          ``(i) 1 or more individuals who committed the 
                      harm;
                          ``(ii) 1 or more victims of the harm; and
                          ``(iii) the community affected by the harm 
                      through 1 or more representatives of the 
                      community;
                    ``(D) shall include and has the goal of--

[[Page 136 STAT. 844]]

                          ``(i) collectively seeking accountability from 
                      1 or more individuals who committed the harm;
                          ``(ii) developing a written process whereby 1 
                      or more individuals who committed the harm will 
                      take responsibility for the actions that caused 
                      harm to 1 or more victims of the harm; and
                          ``(iii) developing a written course of action 
                      plan--
                                    ``(I) that is responsive to the 
                                needs of 1 or more victims of the harm; 
                                and
                                    ``(II) upon which 1 or more victims, 
                                1 or more individuals who committed the 
                                harm, and the community can agree; and
                    ``(E) is conducted in a victim services framework 
                that protects the safety and supports the autonomy of 1 
                or more victims of the harm and the community.'';
                    (X) by inserting after paragraph (39), as so 
                redesignated, the following:
            ``(40) Technological abuse.--The term `technological abuse' 
        means an act or pattern of behavior that occurs within domestic 
        violence, sexual assault, dating violence or stalking and is 
        intended to harm, threaten, intimidate, control, stalk, harass, 
        impersonate, exploit, extort, or monitor, except as otherwise 
        permitted by law, another person, that occurs using any form of 
        technology, including but not limited to: internet enabled 
        devices, online spaces and platforms, computers, mobile devices, 
        cameras and imaging programs, apps, location tracking devices, 
        or communication technologies, or any other emerging 
        technologies.''; and
                    (Y) in paragraph (51), as so redesignated, by 
                inserting ``legal assistance and'' before ``legal 
                advocacy''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by adding at the end the 
                following:
                    ``(H) Death of the party whose privacy had been 
                protected.--In the event of the death of any victim 
                whose confidentiality and privacy is required to be 
                protected under this subsection, grantees and 
                subgrantees may share personally identifying information 
                or individual information that is collected about 
                deceased victims being sought for a fatality review to 
                the extent permitted by their jurisdiction's law and 
                only if the following conditions are met:
                          ``(i) The underlying objectives of the 
                      fatality review are to prevent future deaths, 
                      enhance victim safety, and increase offender 
                      accountability.
                          ``(ii) The fatality review includes policies 
                      and protocols to protect identifying information, 
                      including identifying information about the 
                      victim's children, from further release outside 
                      the fatality review team.
                          ``(iii) The grantee or subgrantee makes a 
                      reasonable effort to get a release from the 
                      victim's personal representative (if one has been 
                      appointed) and from any surviving minor children 
                      or the guardian of such children (but not if the 
                      guardian is the abuser of the deceased parent), if 
                      the children are not capable of knowingly 
                      consenting.
                          ``(iv) The information released is limited to 
                      that which is necessary for the purposes of the 
                      fatality review.'';

[[Page 136 STAT. 845]]

                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``if--
                    ``(A) the confidentiality and privacy requirements 
                of this title are maintained; and
                    ``(B) personally identifying information about 
                adult, youth, and child victims of domestic violence, 
                dating violence, sexual assault, and stalking is not 
                requested or included in any such collaboration or 
                information-sharing.'';
                    (C) in paragraph (11)--
                          (i) by striking ``Of the total'' and inserting 
                      the following:
                    ``(A) In general.--Of the total''; and
                          (ii) by adding at the end the following:
                    ``(B) Requirement.--The Office on Violence Against 
                Women shall make all technical assistance available as 
                broadly as possible to any appropriate grantees, 
                subgrantees, potential grantees, or other entities 
                without regard to whether the entity has received 
                funding from the Office on Violence Against Women for a 
                particular program or project, with priority given to 
                recipients awarded a grant before the date of enactment 
                of the Violence Against Women Act Reauthorization Act of 
                2022.'';
                    (D) in paragraph (14)--
                          (i) by striking ``services and assistance to 
                      victims'' and inserting ``services and assistance 
                      to--
                    ``(A) victims'';
                          (ii) by striking the period at the end and 
                      inserting a semicolon; and
                          (iii) by adding at the end the following:
                    ``(B) adult survivors of child sexual abuse; and
                    ``(C) victims of domestic violence, dating violence, 
                sexual assault, or stalking who are also victims of 
                female genital mutilation or cutting, or forced 
                marriage.'';
                    (E) by striking paragraph (15);
                    (F) by redesignating paragraph (16) as paragraph 
                (15); and
                    (G) in paragraph (15), as so redesignated--
                          (i) in subparagraph (A), by striking clause 
                      (iii) and inserting the following:
                          ``(iii) <<NOTE: Time period.>>  Technical 
                      assistance.--A recipient of grant funds under this 
                      Act that is found to have an unresolved audit 
                      finding shall be eligible to receive prompt, 
                      individualized technical assistance to resolve the 
                      audit finding and to prevent future findings, for 
                      a period not to exceed the following 2 fiscal 
                      years.''; and
                          (ii) in subparagraph (C)(i), by striking 
                      ``$20,000'' and inserting ``$100,000'' and by 
                      inserting ``the Director or Principal Deputy 
                      Director of the Office on Violence Against Women 
                      or'' before ``the Deputy Attorney General''; and
                    (H) by adding at the end the following:
            ``(16) Innovation fund.--Of the amounts appropriated to 
        carry out this title, not more than 1 percent shall be made 
        available for pilot projects, demonstration projects, and 
        special initiatives designed to improve Federal, State, local, 
        Tribal, and other community responses to gender-based 
        violence.''.

[[Page 136 STAT. 846]]

    (b) <<NOTE: Applicability. 34 USC 12291 note.>>  Definitions and 
Grant Conditions.--Section 40002 of the Violence Against Women Act of 
1994 (34 U.S.C. 12291) shall apply to this Act and any grant program 
authorized under this Act.
SEC. 3. <<NOTE: 34 USC 20128.>>  AGENCY AND DEPARTMENT 
                    COORDINATION.

    Each head of an Executive department (as defined in section 101 of 
title 5, United States Code) responsible for carrying out a program 
under this Act, the Violence Against Women Act of 1994 (title IV of 
Public Law 103-322; 108 Stat. 1902), the Violence Against Women Act of 
2000 (division B of Public Law 106-386; 114 Stat. 1491), the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(title IX of Public Law 109-162; 119 Stat. 3080), or the Violence 
Against Women Reauthorization Act of 2013 (Public Law 113-4; 127 Stat. 
54) may coordinate and collaborate on the prevention of domestic 
violence, dating violence, sexual assault, and stalking, including 
sharing best practices and efficient use of resources and technology for 
victims and those seeking assistance from the Federal Government.
SEC. 4. <<NOTE: 15 USC 6851 note.>>  EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall not take effect until October 1 of 
the first fiscal year beginning after the date of enactment of this Act.
    (b) Effective on Date of Enactment.--Sections 106, 107, 304, 606, 
803, and 1306 and any amendments made by such sections shall take effect 
on the date of enactment of this Act.
SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress--
            (1) that sex trafficking victims experience sexual violence 
        and assault; and
            (2) that Federal recognition of their recovery is important.
SEC. 6. <<NOTE: 15 USC 6851 note.>>  SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or circumstance 
is held to be unconstitutional, the remainder of this Act and the 
amendments made by this Act, and the application of the provisions or 
amendment to any other person or circumstance, shall not be affected.

   TITLE I--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING 
                 VIOLENCE, SEXUAL ASSAULT, AND STALKING

SEC. 101. STOP GRANTS.

    (a) In General.--Part T of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) is amended--
            (1) in section 2001 (34 U.S.C. 10441)--
                    (A) in subsection (b)--

[[Page 136 STAT. 847]]

                          (i) in paragraph (3), by inserting before the 
                      semicolon at the end the following: ``, including 
                      implementation of the grant conditions in section 
                      40002(b) of the Violence Against Women Act of 1994 
                      (34 U.S.C. 12291(b))'';
                          (ii) in paragraph (5), by inserting ``and 
                      legal assistance'' after ``improving delivery of 
                      victim services''; and
                          (iii) in paragraph (9)--
                                    (I) by striking ``older and disabled 
                                women'' and inserting ``individuals 50 
                                years of age or over, individuals with 
                                disabilities, and Deaf individuals'';
                                    (II) by inserting ``legal 
                                assistance,'' after ``counseling,''; and
                                    (III) by striking ``older and 
                                disabled individuals'' and inserting 
                                ``individuals'';
                          (iv) in paragraph (11), by inserting before 
                      the semicolon at the end the following: ``, 
                      including rehabilitative work with offenders'';
                          (v) in paragraph (19), by striking ``and'' at 
                      the end;
                          (vi) in paragraph (20)--
                                    (I) by striking ``or stalking'' and 
                                inserting ``stalking, or female genital 
                                mutilation or cutting''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                          (vii) by inserting after paragraph (20), the 
                      following:
            ``(21) developing, enhancing, or strengthening programs and 
        projects to improve evidence collection methods for victims of 
        domestic violence, dating violence, sexual assault, or stalking, 
        including through funding for technology that better detects 
        bruising and injuries across skin tones and related training;
            ``(22) developing, enlarging, or strengthening culturally 
        specific victim services programs to provide culturally specific 
        victim services and responses to female genital mutilation or 
        cutting;
            ``(23) providing victim advocates in State or local law 
        enforcement agencies, prosecutors' offices, and courts to 
        provide supportive services and advocacy to Indian victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking; and
            ``(24) paying any fees charged by any governmental authority 
        for furnishing a victim or the child of a victim with any of the 
        following documents:
                    ``(A) A birth certificate or passport of the 
                individual, as required by law.
                    ``(B) An identification card issued to the 
                individual by a State or Tribe, that shows that the 
                individual is a resident of the State or a member of the 
                Tribe.''; and
                    (B) in subsection (d)(3), in the matter preceding 
                subparagraph (A), by striking ``2014 through 2018'' and 
                inserting ``2023 through 2027'';
            (2) in section 2007 (34 U.S.C. 10446)--
                    (A) in subsection (d)--
                          (i) by redesignating paragraphs (5) and (6) as 
                      paragraphs (7) and (8), respectively; and
                          (ii) by inserting after paragraph (4) the 
                      following:

[[Page 136 STAT. 848]]

            ``(5) proof of compliance with the requirements regarding 
        training for victim-centered prosecution described in section 
        2017;
            ``(6) certification of compliance with the grant conditions 
        under section 40002(b) of the Violence Against Women Act of 1994 
        (34 U.S.C. 12291(b)), as applicable;'';
                    (B) in subsection (i)--
                          (i) in paragraph (1), by inserting before the 
                      semicolon at the end the following: ``and the 
                      requirements under section 40002(b) of the 
                      Violence Against Women Act of 1994 (34 U.S.C. 
                      12291(b)), as applicable''; and
                          (ii) in paragraph (2)(C)(iv), by inserting 
                      after ``ethnicity,'' the following: ``sexual 
                      orientation, gender identity,''; and
                    (C) in subsection (j)(2), by adding a period at the 
                end; and
            (3) by adding at the end the following:
``SEC. 2017. <<NOTE: 34 USC 10454.>>  GRANT ELIGIBILITY REGARDING 
                          COMPELLING VICTIM TESTIMONY.

    ``In <<NOTE: Certification. Time period. Effective date.>>  order 
for a prosecutor's office to be eligible to receive grant funds under 
this part, the head of the office shall certify, to the State, Indian 
Tribal government, or territorial government receiving the grant 
funding, that the office will, during the 3-year period beginning on the 
date on which the grant is awarded, engage in planning, developing and 
implementing--
            ``(1) training developed by experts in the field regarding 
        victim-centered approaches in domestic violence, sexual assault, 
        dating violence, and stalking cases;
            ``(2) policies that support a victim-centered approach, 
        informed by such training; and
            ``(3) a protocol outlining alternative practices and 
        procedures for material witness petitions and bench warrants, 
        consistent with best practices, that shall be exhausted before 
        employing material witness petitions and bench warrants to 
        obtain victim-witness testimony in the investigation, 
        prosecution, and trial of a crime related to domestic violence, 
        sexual assault, dating violence, and stalking of the victim in 
        order to prevent further victimization and trauma to the 
        victim.''.

    (b) Authorization of Appropriations.--Section 1001(a)(18) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10261(a)(18)) is amended by striking ``2014 through 2018'' and inserting 
``2023 through 2027''.
SEC. 102. GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE.

    (a) Heading.--Part U of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) is amended in the 
heading, by striking ``grants to encourage arrest policies'' and 
inserting ``grants to improve the criminal justice response''.
    (b) Grants.--Section 2101 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10461) is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) Purpose.--The purpose of this part is to assist States, Indian 
Tribal governments, State and local courts (including juvenile courts), 
Tribal courts, and units of local government to improve the criminal 
justice response to domestic violence, dating violence,

[[Page 136 STAT. 849]]

sexual assault, and stalking as serious violations of criminal law, and 
to seek safety and autonomy for victims.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``proarrest'' and 
                inserting ``offender accountability and homicide 
                reduction'';
                    (B) in paragraph (5), by striking ``legal advocacy 
                service programs'' and inserting ``legal advocacy and 
                legal assistance programs'';
                    (C) in paragraph (8), by striking ``older 
                individuals (as defined in section 102 of the Older 
                Americans Act of 1965 (42 U.S.C. 3002))'' and inserting 
                ``individuals 50 years of age or over, Deaf 
                individuals,'';
                    (D) in paragraph (19), by inserting before the 
                period at the end the following ``, including victims 
                among underserved populations (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (34 
                U.S.C. 12291(a)))''; and
                    (E) by adding at the end the following:
            ``(25) To develop Statewide databases with information on 
        where sexual assault nurse examiners are located.
            ``(26) To develop and implement alternative methods of 
        reducing crime in communities, to supplant punitive programs or 
        policies. For purposes of this paragraph, a punitive program or 
        policy is a program or policy that--
                    ``(A) imposes a penalty on a victim of domestic 
                violence, dating violence, sexual assault, or stalking, 
                on the basis of a request by the victim for law 
                enforcement or emergency assistance; or
                    ``(B) imposes a penalty on such a victim because of 
                criminal activity at the property in which the victim 
                resides.''; and
            (3) in subsection (c)(1)--
                    (A) in subparagraph (A)--
                          (i) in clause (i), by striking ``encourage or 
                      mandate arrests of domestic violence offenders'' 
                      and inserting ``encourage arrests of domestic 
                      violence, dating violence, sexual assault, and 
                      stalking offenders''; and
                          (ii) in clause (ii), by striking ``encourage 
                      or mandate arrest of domestic violence offenders'' 
                      and inserting ``encourage arrest of offenders'';
                    (B) in subparagraph (E)(ii), by striking ``and'' at 
                the end; and
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) <<NOTE: Time period. Certification.>>  except 
                for a court, not later than 3 years after the date on 
                which an eligible grantee receives the first award under 
                this part after the date of enactment of the Violence 
                Against Women Act Reauthorization Act of 2022, certify 
                that the laws, policies, and practices of the State or 
                the jurisdiction in which the eligible grantee is 
                located ensure that prosecutor's offices engage in 
                planning, developing, and implementing--
                          ``(i) training developed by experts in the 
                      field regarding victim-centered approaches in 
                      domestic violence, sexual assault, dating 
                      violence, and stalking cases;
                          ``(ii) policies that support a victim-centered 
                      approach, informed by such training; and

[[Page 136 STAT. 850]]

                          ``(iii) a protocol outlining alternative 
                      practices and procedures for material witness 
                      petitions and bench warrants, consistent with best 
                      practices, that shall be exhausted before 
                      employing material witness petitions and bench 
                      warrants to obtain victim-witness testimony in the 
                      investigation, prosecution, and trial of a crime 
                      related to domestic violence, sexual assault, 
                      dating violence, and stalking of the victim in 
                      order to prevent further victimization and trauma 
                      to the victim; and
                    ``(G) <<NOTE: Certification.>>  except for a court, 
                certify that the laws, policies, and practices of the 
                State or the jurisdiction in which the eligible grantee 
                is located prohibits the prosecution of a minor under 
                the age of 18 with respect to prostitution; and''.

    (c) Authorization of Appropriations.--Section 1001(a)(19) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10261(a)(19)) is amended by striking ``2014 through 2018'' and inserting 
``2023 through 2027''.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.

    Section 1201 of division B of the Victims of Trafficking and 
Violence Protection Act of 2000 (34 U.S.C. 20121) is amended--
            (1) in subsection (a), by inserting after ``no cost to the 
        victims.'' the following: ``When legal assistance to a dependent 
        is necessary for the safety of a victim, such assistance may be 
        provided.'';
            (2) in subsection (d)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) any person providing legal assistance through a 
        program funded under this section--
                    ``(A)(i) is a licensed attorney or is working under 
                the direct supervision of a licensed attorney;
                    ``(ii) in immigration proceedings, is a Board of 
                Immigration Appeals accredited representative;
                    ``(iii) in Veterans' Administration claims, is an 
                accredited representative; or
                    ``(iv) is any person who functions as an attorney or 
                lay advocate in Tribal court; and
                    ``(B)(i) has demonstrated expertise in providing 
                legal assistance to victims of domestic violence, dating 
                violence, sexual assault, or stalking in the targeted 
                population; or
                    ``(ii)(I) is partnered with an entity or person that 
                has demonstrated expertise described in clause (i); and
                    ``(II) has completed, or will complete, training in 
                connection with domestic violence, dating violence, 
                stalking, or sexual assault and related legal issues, 
                including training on evidence-based risk factors for 
                domestic and dating violence homicide;'';
                    (B) in paragraph (2), by striking ``or local'' and 
                insert the following: ``local, or culturally specific'';
                    (C) in paragraph (4), after ``dating violence,'' by 
                inserting ``stalking,''; and
            (3) in subsection (f)(1)--
                    (A) by striking ``$57,000,000'' and inserting 
                ``$60,000,000''; and
                    (B) by striking ``2014 through 2018'' and inserting 
                ``2023 through 2027''.

[[Page 136 STAT. 851]]

SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.

    Section 1301 of division B of the Victims of Trafficking and 
Violence Protection Act of 2000 (34 U.S.C. 12464) is amended--
            (1) in subsection (b)(8), by striking ``to improve'' and 
        inserting ``improve'';
            (2) in subsection (e), by striking ``2014 through 2018'' and 
        inserting ``2023 through 2027''; and
            (3) by adding at the end the following:

    ``(g) Cultural Relevance.--Any services provided pursuant to a grant 
funded under this section shall be provided in a culturally relevant 
manner.''.
SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANTS.

    Section 120 of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (34 U.S.C. 20123) is amended--
            (1) in subsection (b)(3), by inserting ``Native Hawaiian,'' 
        before ``or local organization'';
            (2) in subsection (d)--
                    (A) in paragraph (4)--
                          (i) by striking ``effectiveness'' and 
                      inserting ``response'';
                          (ii) by inserting ``population-specific'' 
                      before ``training''; and
                          (iii) by striking ``or'' at the end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(6) developing, enlarging, or strengthening culturally 
        specific programs and projects to provide culturally specific 
        services regarding responses to, and prevention of, female 
        genital mutilation and cutting; or
            ``(7) strengthening the response of social and human 
        services by providing population-specific training for service 
        providers on domestic violence, dating violence, sexual assault, 
        or stalking in underserved populations.''; and
            (3) in subsection (g)--
                    (A) by striking ``$2,000,000'' and inserting 
                ``$6,000,000''; and
                    (B) by striking ``2014 through 2018'' and inserting 
                ``2023 through 2027''.
SEC. 106. CRIMINAL PROVISIONS.

    Section 2265(d)(3) of title 18, United States Code, is amended--
            (1) by striking ``restraining order or injunction,''; and
            (2) <<NOTE: Applicability.>>  by adding at the end the 
        following: ``The prohibition under this paragraph applies to all 
        protection orders for the protection of a person residing within 
        a State, territorial, or Tribal jurisdiction, whether or not the 
        protection order was issued by that State, territory, or 
        Tribe.''.
SEC. 107. RAPE SURVIVOR CHILD CUSTODY.

    Section 409 of the Justice for Victims of Trafficking Act of 2015 
(34 U.S.C. 21308) is amended by striking ``2015 through 2019'' and 
inserting ``2023 through 2027''.

[[Page 136 STAT. 852]]

SEC. 108. ENHANCING CULTURALLY SPECIFIC SERVICES FOR VICTIMS OF 
                        DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
                        ASSAULT, AND STALKING.

    Section 121 of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (34 U.S.C. 20124) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``paragraph (a)(2) of this 
                      subsection'' and inserting ``paragraph (2)''; and
                          (ii) by striking ``shall take 5 percent of 
                      such appropriated amounts'' and inserting ``shall 
                      take 15 percent of such appropriated amounts for 
                      the program under paragraph (2)(A) and 5 percent 
                      of such appropriated amounts for the programs 
                      under subparagraphs (B) through (E) of paragraph 
                      (2)''; and
                    (B) by adding at the end the following:
            ``(3) <<NOTE: Time period.>>  Additional authorization of 
        appropriations.--In addition to the amounts made available under 
        paragraph (1), there are authorized to be appropriated to carry 
        out this section $25,000,000 for each of fiscal years 2023 
        through 2027.
            ``(4) Distribution.--
                    ``(A) In general.--Of the total amount available for 
                grants under this section, not less than 40 percent of 
                such funds shall be allocated for programs or projects 
                that meaningfully address non-intimate partner 
                relationship sexual assault.
                    ``(B) Alternative allocation.--Notwithstanding 
                40002(b)(11) of the Violence Against Women Act of 1994 
                (34 U.S.C. 12291(b)(11)), the Director may allocate a 
                portion of funds described in subparagraph (A) to 
                enhanced technical assistance relating to non-intimate 
                partner sexual assault if the Office on Violence Against 
                Women does not receive sufficient qualified applications 
                proposing to address non-intimate partner relationship 
                sexual assault.'';
            (2) in subsection (b)(3), by adding at the end the 
        following: ``Not less than 1 such organization shall have 
        demonstrated expertise primarily in domestic violence services, 
        and not less than 1 such organization shall have demonstrated 
        expertise primarily in non-intimate partner sexual assault 
        services.'';
            (3) by striking subsection (e); and
            (4) by redesignating subsections (f) through (h) as 
        subsections (e) through (g), respectively.
SEC. 109. PILOT PROGRAM ON RESTORATIVE PRACTICES.

    (a) In General.--The Violence Against Women Act of 1994 (title IV of 
Public Law 103-322), as amended by section 205, is further amended by 
adding at the end the following:

                   ``Subtitle R--Restorative Practices

``SEC. 41801. <<NOTE: 34 USC 12514.>>  PILOT PROGRAM ON 
                            RESTORATIVE PRACTICES.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Office on Violence Against Women.
            ``(2) Eligible entity.--The term `eligible entity' means--

[[Page 136 STAT. 853]]

                    ``(A) a State;
                    ``(B) a unit of local government;
                    ``(C) a tribal government;
                    ``(D) a tribal organization;
                    ``(E) a victim service provider;
                    ``(F) an institution of higher education (as defined 
                in section 101(a) of the Higher Education Act of 1965 
                (20 U.S.C. 1001(a)); and
                    ``(G) a private or public nonprofit organization, 
                including--
                          ``(i) a tribal nonprofit organization; and
                          ``(ii) a faith-based nonprofit organization.
            ``(3) Restorative practice.--The term `restorative practice' 
        means a practice relating to a specific harm that--
                    ``(A) is community-based and unaffiliated with any 
                civil or criminal legal process;
                    ``(B) is initiated by a victim of the harm;
                    ``(C) involves, on a voluntary basis and without any 
                evidence of coercion or intimidation of any victim of 
                the harm by any individual who committed the harm or 
                anyone associated with any such individual--
                          ``(i) 1 or more individuals who committed the 
                      harm;
                          ``(ii) 1 or more victims of the harm; and
                          ``(iii) the community affected by the harm 
                      through 1 or more representatives of the 
                      community;
                    ``(D) shall include and has the goal of--
                          ``(i) collectively seeking accountability from 
                      1 or more individuals who committed the harm;
                          ``(ii) developing a written process whereby 1 
                      or more individuals who committed the harm will 
                      take responsibility for the actions that caused 
                      harm to 1 or more victims of the harm; and
                          ``(iii) developing a written course of action 
                      plan--
                                    ``(I) that is responsive to the 
                                needs of 1 or more victims of the harm; 
                                and
                                    ``(II) upon which 1 or more victims, 
                                1 or more individuals who committed the 
                                harm, and the community can agree; and
                    ``(E) is conducted in a victim services framework 
                that protects the safety and supports the autonomy of 1 
                or more victims of the harm and the community.

    ``(b) Grants Authorized.--The Director shall award grants to 
eligible entities to develop and implement a program, or to assess best 
practices, for--
            ``(1) restorative practices to prevent or address domestic 
        violence, dating violence, sexual assault, or stalking;
            ``(2) training by eligible entities, or for eligible 
        entities, courts, or prosecutors, on restorative practices and 
        program implementation; and
            ``(3) <<NOTE: Evaluations.>>  evaluations of a restorative 
        practice described in paragraph (1).

    ``(c) Priority.--In awarding grants under subsection (b), the 
Director shall give priority to eligible entities that submit proposals 
that meaningfully address the needs of culturally specific or 
underserved populations.

[[Page 136 STAT. 854]]

    ``(d) Qualifications.--To be eligible to receive a grant under this 
section, an eligible entity shall demonstrate a history of comprehensive 
training and experience in working with victims of domestic violence, 
dating violence, sexual assault, or stalking.
    ``(e) Program Requirements.--
            ``(1) In general.--An eligible entity or a subgrantee of an 
        eligible entity that offers a restorative practices program with 
        funds awarded under this section shall ensure that such 
        program--
                    ``(A) includes set practices and procedures for 
                screening the suitability of any individual who 
                committed a harm based on--
                          ``(i) the history of civil and criminal 
                      complaints against the individual involving 
                      domestic violence, sexual assault, dating 
                      violence, or stalking;
                          ``(ii) parole or probation violations of the 
                      individual or whether active parole or probation 
                      supervision of the individual is being conducted 
                      for prior offenses involving domestic violence, 
                      sexual assault, dating violence, or stalking;
                          ``(iii) <<NOTE: Risk assessment.>>  the risk 
                      to the safety of any victim of the harm based on 
                      an evidence-based risk assessment;
                          ``(iv) <<NOTE: Risk assessment.>>  the risk to 
                      public safety, including an evidence-based risk 
                      assessment of the danger to the public; and
                          ``(v) past participation of any individual who 
                      committed the harm in restorative practice 
                      programing; and
                    ``(B) denies eligibility to participate in the 
                program for any individual who committed a harm against 
                whom there is--
                          ``(i) a pending felony or misdemeanor 
                      prosecution for an offense against any victim of 
                      the harm or a dependent of any such victim;
                          ``(ii) a restraining order or a protection 
                      order (as defined in section 2266 of title 18, 
                      United States Code) that protects any victim of 
                      the harm or a dependent of any such victim, unless 
                      there is an exception in the restraining order or 
                      protective order allowing for participation in a 
                      restorative practices program;
                          ``(iii) a pending criminal charge involving or 
                      relating to sexual assault, including rape, human 
                      trafficking, or child abuse, including child 
                      sexual abuse; or
                          ``(iv) a conviction for child sexual abuse 
                      against the victim or a sibling of the victim if 
                      the victim or sibling of the victim is currently a 
                      minor.
            ``(2) Referral.--With respect to a risk assessment described 
        in paragraph (1)(A)(iii) for which an eligible entity or a 
        subgrantee of an eligible entity determines that a victim or a 
        dependent of a victim are at significant risk of subsequent 
        serious injury, sexual assault, or death, the eligible entity or 
        subgrantee shall refer the victim or dependent to other victim 
        services, instead of restorative practices.

    ``(f) Nondisclosure of Confidential or Private Information.--For the 
purpose of section 40002(b)(2), an individual

[[Page 136 STAT. 855]]

described in subsection (a)(3)(C) shall be considered a person receiving 
services.
    ``(g) Relation to Criminal Justice Intervention.--Restorative 
practices performed with funds awarded under this section are not 
intended to function as a replacement for criminal justice intervention 
for a specific harm.
    ``(h) Reports.--
            ``(1) Report to director.--As a part of the report required 
        to be submitted under section 40002(b)(6), an eligible entity 
        that receives a grant under this section shall annually submit 
        to the Director information relating to the effectiveness of the 
        restorative practices carried out with amounts from the grant, 
        including--
                    ``(A) the number of individuals for whom the 
                eligible entity supported a restorative practice;
                    ``(B) if applicable, the number of individuals who--
                          ``(i) sought restorative practices from the 
                      eligible entity; and
                          ``(ii) the eligible entity could not serve;
                    ``(C) if applicable, the number of individuals--
                          ``(i) who sought restorative practice 
                      training;
                          ``(ii) who received restorative practice 
                      training;
                          ``(iii) who provided restorative practice 
                      training; and
                          ``(iv) to whom the eligible entity could not 
                      provide restorative practice training;
                    ``(D) <<NOTE: Evaluation.>>  a victim evaluation 
                component that is documented through survey or 
                interview, including the satisfaction of victims of a 
                harm with the restorative practice services;
                    ``(E) if applicable, the number of individuals who 
                committed a harm and--
                          ``(i) successfully completed and executed a 
                      written course of action plan;
                          ``(ii) failed to successfully complete and 
                      execute a written course of action plan; and
                          ``(iii) were involved in a criminal or civil 
                      complaint involving domestic violence, dating 
                      violence, sexual assault, or stalking against the 
                      victims or victims during the course of the 
                      restorative practice process; and
                    ``(F) any other qualitative or quantitative 
                information determined by the Director.
            ``(2) <<NOTE: Summaries.>>  Report to congress.--Not later 
        than 2 years after the date of enactment of this section, and 
        biennially thereafter, the Director shall submit to Congress a 
        report that summarizes the reports received by the Director 
        under paragraph (1).

    ``(i) <<NOTE: Time period.>>  Authorization of Appropriations.--
There are authorized to be appropriated to the Director such sums as may 
be necessary for each of fiscal years 2023 through 2027 to carry out 
this section.''.

    (b) Clerical Amendment.--The table of contents in section 2 of the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) <<NOTE: 108 Stat. 1796.>>  is amended by inserting after the item 
relating to section 41601 the following:

                   ``Subtitle R--Restorative Practices

``Sec. 41801. Pilot program on restorative practices.''.

[[Page 136 STAT. 856]]

                TITLE II--IMPROVING SERVICES FOR VICTIMS

SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.

    Section 41601 of the Violent Crime Control and Law Enforcement Act 
of 1994 (34 U.S.C. 12511) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)(C)(iii), by inserting ``direct 
                payments,'' before ``and comprehensive''; and
                    (B) in paragraph (4), by striking ``0.25 percent'' 
                and inserting ``0.5 percent'';
            (2) in subsection (c)--
                    (A) in paragraph (4)--
                          (i) by striking ``(4) Distribution'' and all 
                      that follows through ``The Attorney General'' and 
                      inserting the following:
            ``(4) Distribution.--The Attorney General''; and
                          (ii) by striking subparagraph (B);
                    (B) by redesignating paragraph (6) as paragraph (7); 
                and
                    (C) by inserting after paragraph (5) the following:
            ``(6) <<NOTE: Contracts.>>  Technical assistance.--The 
        Attorney General shall provide technical assistance to 
        recipients of grants under this subsection by entering into a 
        cooperative agreement or contract with a national, nonprofit, 
        nongovernmental organization or organizations whose primary 
        focus and expertise is in addressing sexual assault within 
        culturally specific communities.''; and
            (3) in subsection (f)--
                    (A) in paragraph (1), by striking ``$40,000,000 to 
                remain available until expended for each of fiscal years 
                2014 through 2018'' and inserting ``$100,000,000 to 
                remain available until expended for each of fiscal years 
                2023 through 2027''; and
                    (B) in paragraph (2)(B)--
                          (i) by striking ``2.5'' and inserting ``8''; 
                      and
                          (ii) by striking the semicolon at the end and 
                      inserting ``of which not less than 20 percent 
                      shall be available for technical assistance to 
                      recipients and potential recipients of grants 
                      under subsection (c);''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
                        ASSAULT, STALKING, AND CHILD ABUSE 
                        ENFORCEMENT ASSISTANCE PROGRAM.

    Section 40295 of the Violence Against Women Act of 1994 (34 U.S.C. 
12341) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3)(B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) to develop, expand, implement, and improve the quality 
        of sexual assault forensic medical examination or sexual assault 
        nurse examiner programs.'';
            (2) in subsection (b)--

[[Page 136 STAT. 857]]

                    (A) in paragraph (4), by striking the period at the 
                end and inserting a semicolon; and
                    (B) in paragraph (5)--
                          (i) by inserting after ``by the lack of access 
                      to'' the following: ``quality forensic sexual 
                      assault examinations by trained health care 
                      providers,''; and
                          (ii) by striking ``shelters and'' and 
                      inserting ``shelters, and''; and
            (3) in subsection (e)(1), by striking ``$50,000,000 for each 
        of fiscal years 2014 through 2018'' and inserting ``$100,000,000 
        for each of fiscal years 2023 through 2027''.
SEC. 203. GRANTS FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST 
                        INDIVIDUALS WITH DISABILITIES AND DEAF 
                        PEOPLE.

    Section 1402 of division B of the Victims of Trafficking and 
Violence Protection Act of 2000 (34 U.S.C. 20122) is amended--
            (1) in the heading--
                    (A) by striking ``women'' and inserting 
                ``individuals''; and
                    (B) by inserting after ``disabilities'' the 
                following: ``and deaf people'';
            (2) in subsection (a)(1)--
                    (A) by striking ``and sexual assault'' and inserting 
                ``sexual assault, and abuse by caregivers''; and
                    (B) by inserting after ``with disabilities (as 
                defined in section 3 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12102))'' the following: ``and 
                Deaf people'';
            (3) in subsection (b)--
                    (A) by striking ``disabled individuals'' each place 
                it appears and inserting ``individuals with disabilities 
                and Deaf people'';
                    (B) in paragraph (3), by inserting after ``law 
                enforcement'' the following: ``and other first 
                responders''; and
                    (C) in paragraph (8), by striking ``providing 
                advocacy and intervention services within'' and 
                inserting ``to enhance the capacity of'';
            (4) in subsection (c)(1)(D), by striking ``disabled 
        individuals'' and inserting ``individuals with disabilities and 
        Deaf people''; and
            (5) in subsection (e)--
                    (A) by striking ``$9,000,000'' and inserting 
                ``$15,000,000''; and
                    (B) by striking ``2014 through 2018'' and inserting 
                ``2023 through 2027''.
SEC. 204. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.

     Subtitle H of the Violence Against Women Act of 1994 (34 U.S.C. 
12421 et seq.) is amended--
            (1) in the subtitle heading, by striking ``Enhanced 
        Training'' and inserting ``Training''; and
            (2) in section 40801 (34 U.S.C. 12421)--
                    (A) in the section heading, by striking ``enhanced 
                training'' and inserting ``training'';
                    (B) by striking subsection (a); and
                    (C) in subsection (b)--
                          (i) by striking ``(b) Grant Program.--'' and 
                      all that follows through paragraph (1) and 
                      inserting the

[[Page 136 STAT. 858]]

                      following: <<NOTE: Grants.>>  ``The Attorney 
                      General shall make grants to eligible entities in 
                      accordance with the following:'';
                          (ii) by redesignating paragraphs (2) through 
                      (5) as paragraphs (1) through (4), respectively;
                          (iii) in paragraph (1), as so redesignated--
                                    (I) by striking ``, including 
                                domestic violence, dating violence, 
                                sexual assault, stalking, exploitation, 
                                and neglect'' each place it appears;
                                    (II) in subparagraph (A)--
                                            (aa) in clause (i)--
                                                (AA) by striking ``elder 
                                            abuse'' and inserting 
                                            ``abuse in later life''; and
                                                (BB) by striking 
                                            ``victim advocates, and'' 
                                            and inserting ``victim 
                                            advocates, or''; and
                                            (bb) in clause (iv), by 
                                        striking ``advocates, victim 
                                        service providers, and courts to 
                                        better serve victims of abuse in 
                                        later life'' and inserting 
                                        ``leaders, victim advocates, 
                                        victim service providers, 
                                        courts, and first responders to 
                                        better serve older victims''; 
                                        and
                                    (III) in subparagraph (B)--
                                            (aa) in clause (i), by 
                                        striking ``or other community-
                                        based organizations in 
                                        recognizing and addressing 
                                        instances of abuse in later 
                                        life'' and inserting 
                                        ``community-based organizations, 
                                        or other professionals who may 
                                        identify or respond to abuse in 
                                        later life''; and
                                            (bb) in clause (ii), by 
                                        striking ``elder abuse and'';
                          (iv) in paragraph (2), as so redesignated--
                                    (I) in subparagraph (A)--
                                            (aa) in clause (iv), by 
                                        striking ``with demonstrated 
                                        experience in assisting 
                                        individuals over 50 years of 
                                        age''; and
                                            (bb) in clause (v), by 
                                        striking ``with demonstrated 
                                        experience in addressing 
                                        domestic violence, dating 
                                        violence, sexual assault, and 
                                        stalking''; and
                                    (II) in subparagraph (B)(iv), by 
                                striking ``in later life;'' and 
                                inserting ``50 years of age or over.''; 
                                and
                          (v) in paragraph (4), as so redesignated--
                                    (I) by striking ``$9,000,000'' and 
                                inserting ``$10,000,000''; and
                                    (II) by striking ``2014 through 
                                2018'' and inserting ``2023 through 
                                2027''.
SEC. 205. <<NOTE: Abby Honold Act.>>  ABBY HONOLD ACT.

    (a) <<NOTE: 34 USC 10101 note.>>  Short Title.--This section may be 
cited as the ``Abby Honold Act''.

    (b) Amendment.--Title IV of the Violent Crime Control and Law 
Enforcement Act of 1994 (34 U.S.C. 12291 et seq.) is amended by adding 
at the end the following:

[[Page 136 STAT. 859]]

    ``Subtitle Q--Trauma-Informed, Victim-Centered Training for Law 
                               Enforcement

``SEC. 41701. <<NOTE: Grants. 34 USC 12513.>>  DEMONSTRATION 
                            PROGRAM ON TRAUMA-INFORMED, VICTIM-
                            CENTERED TRAINING FOR LAW ENFORCEMENT.

    ``(a) Definitions.--In this section--
            ``(1) the term `Attorney General' means the Attorney 
        General, acting through the Director of the Office on Violence 
        Against Women;
            ``(2) the term `covered individual' means an individual who 
        interfaces with victims of domestic violence, dating violence, 
        sexual assault, and stalking, including--
                    ``(A) an individual working for or on behalf of an 
                eligible entity;
                    ``(B) an administrator or personnel of a school, 
                university, or other educational program or activity 
                (including a campus police officer or a school resource 
                officer); and
                    ``(C) an emergency services or medical employee;
            ``(3) the term `demonstration site', with respect to an 
        eligible entity that receives a grant under this section, means 
        the area over which the eligible entity has jurisdiction;
            ``(4) the term `eligible entity' means a State, local, 
        territorial, or Tribal law enforcement agency; and
            ``(5) the term `mandatory partner' means a national, 
        regional, or local victim services organization or agency 
        working in collaboration with a law enforcement agency described 
        in paragraph (4).

    ``(b) Grants Authorized.--
            ``(1) In general.--The Attorney General shall award grants 
        on a competitive basis to eligible entities to collaborate with 
        their mandatory partners to carry out the demonstration program 
        under this section by implementing evidence-based or promising 
        investigative policies and practices to incorporate trauma-
        informed, victim-centered techniques designed to--
                    ``(A) prevent re-traumatization of the victim;
                    ``(B) ensure that covered individuals use evidence-
                based practices to respond to and investigate cases of 
                domestic violence, dating violence, sexual assault, and 
                stalking;
                    ``(C) improve communication between victims and law 
                enforcement officers in an effort to increase the 
                likelihood of the successful investigation and 
                prosecution of the reported crime in a manner that 
                protects the victim to the greatest extent possible;
                    ``(D) increase collaboration among stakeholders who 
                are part of the coordinated community response to 
                domestic violence, dating violence, sexual assault, and 
                stalking; and
                    ``(E) <<NOTE: Evaluation.>>  evaluate the 
                effectiveness of the training process and content.
            ``(2) Award basis.--The Attorney General shall award grants 
        under this section to multiple eligible entities for use in a 
        variety of settings and communities, including--
                    ``(A) urban, suburban, Tribal, remote, and rural 
                areas;
                    ``(B) college campuses; or
                    ``(C) traditionally underserved communities.

    ``(c) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the grant to--

[[Page 136 STAT. 860]]

            ``(1) train covered individuals within the demonstration 
        site of the eligible entity to use evidence-based, trauma-
        informed, and victim-centered techniques and knowledge of crime 
        victims' rights throughout an investigation into domestic 
        violence, dating violence, sexual assault, or stalking, 
        including by--
                    ``(A) conducting victim interviews in a manner 
                that--
                          ``(i) elicits valuable information about the 
                      domestic violence, dating violence, sexual 
                      assault, or stalking; and
                          ``(ii) avoids re-traumatization of the victim;
                    ``(B) conducting field investigations that mirror 
                best and promising practices available at the time of 
                the investigation;
                    ``(C) customizing investigative approaches to ensure 
                a culturally and linguistically appropriate approach to 
                the community being served;
                    ``(D) becoming proficient in understanding and 
                responding to complex cases, including cases of domestic 
                violence, dating violence, sexual assault, or stalking--
                          ``(i) facilitated by alcohol or drugs;
                          ``(ii) involving strangulation;
                          ``(iii) committed by a non-stranger;
                          ``(iv) committed by an individual of the same 
                      sex as the victim;
                          ``(v) involving a victim with a disability;
                          ``(vi) involving a male victim; or
                          ``(vii) involving a lesbian, gay, bisexual, or 
                      transgender (commonly referred to as `LGBT') 
                      victim;
                    ``(E) developing collaborative relationships 
                between--
                          ``(i) law enforcement officers and other 
                      members of the response team; and
                          ``(ii) the community being served; and
                    ``(F) developing an understanding of how to define, 
                identify, and correctly classify a report of domestic 
                violence, dating violence, sexual assault, or stalking; 
                and
            ``(2) promote the efforts of the eligible entity to improve 
        the response of covered individuals to domestic violence, dating 
        violence, sexual assault, and stalking through various 
        communication channels, such as the website of the eligible 
        entity, social media, print materials, and community meetings, 
        in order to ensure that all covered individuals within the 
        demonstration site of the eligible entity are aware of those 
        efforts and included in trainings, to the extent practicable.

    ``(d) Demonstration Program Trainings on Trauma-Informed, Victim-
Centered Approaches.--
            ``(1) Identification of existing trainings.--
                    ``(A) In general.--The Attorney General shall 
                identify trainings for law enforcement officers, in 
                existence as of the date on which the Attorney General 
                begins to solicit applications for grants under this 
                section, that--
                          ``(i) employ a trauma-informed, victim-
                      centered approach to domestic violence, dating 
                      violence, sexual assault, and stalking; and
                          ``(ii) focus on the fundamentals of--
                                    ``(I) trauma responses;

[[Page 136 STAT. 861]]

                                    ``(II) the impact of trauma on 
                                victims of domestic violence, dating 
                                violence, sexual assault, and stalking; 
                                and
                                    ``(III) techniques for effectively 
                                investigating domestic violence, dating 
                                violence, sexual assault, and stalking.
                    ``(B) Selection.--An eligible entity that receives a 
                grant under this section shall select one or more of the 
                approaches employed by a training identified under 
                subparagraph (A) to test within the demonstration site 
                of the eligible entity.
            ``(2) Consultation.--In carrying out paragraph (1), the 
        Attorney General shall consult with the Director of the Office 
        for Victims of Crime in order to seek input from and cultivate 
        consensus among outside practitioners and other stakeholders 
        through facilitated discussions and focus groups on best 
        practices in the field of trauma-informed, victim-centered care 
        for victims of domestic violence, dating violence, sexual 
        assault, and stalking.

    ``(e) <<NOTE: Consultation. Requirements.>>  Evaluation.--The 
Attorney General, in consultation with the Director of the National 
Institute of Justice, shall require each eligible entity that receives a 
grant under this section to identify a research partner, preferably a 
local research partner, to--
            ``(1) design a system for generating and collecting the 
        appropriate data to facilitate an independent process or impact 
        evaluation of the use of the grant funds;
            ``(2) periodically conduct an evaluation described in 
        paragraph (1); and
            ``(3) <<NOTE: Public information.>>  periodically make 
        publicly available, during the grant period--
                    ``(A) preliminary results of the evaluations 
                conducted under paragraph (2); and
                    ``(B) <<NOTE: Recommenda- tions.>>  recommendations 
                for improving the use of the grant funds.

    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General $5,000,000 for each of fiscal years 
2023 through 2027 to carry out this section.
    ``(g) Rule of Construction.--Nothing in this section shall be 
construed to interfere with the due process rights of any individual.''.
SEC. 206. <<NOTE: Grants. 34 USC 20129.>>  LGBT SPECIFIC SERVICES 
                        PROGRAM.

    (a) Establishment.--The Attorney General, acting through the 
Director of the Violence Against Women Office (referred to in this 
section as the ``Director''), shall make grants to eligible entities to 
enhance lesbian, gay, bisexual, and transgender (referred to in this 
section as ``LGBT'') specific services for victims of domestic violence, 
dating violence, sexual assault and stalking.
    (b) Purpose of Program and Grants .--
            (1) General program purpose.--The purpose of the program 
        required by this section is to promote the following:
                    (A) The maintenance and replication of existing 
                successful LGBT specific domestic violence, dating 
                violence, sexual assault, and stalking community-based 
                programs providing services and resources for LGBT 
                victims of domestic violence, dating violence, sexual 
                assault, and stalking.

[[Page 136 STAT. 862]]

                    (B) The development of innovative LGBT specific 
                strategies and projects to enhance access to services 
                and resources for LGBT victims of domestic violence, 
                dating violence, sexual assault, and stalking who face 
                obstacles to using more traditional services and 
                resources.
            (2) Purposes for which grants may be used.--The Director 
        shall make grants to community-based programs for the purpose of 
        enhancing LGBT specific services for victims of domestic 
        violence, dating violence, sexual assault, and stalking. Grants 
        under the program shall support community-based efforts to 
        address distinctive LGBT specific responses to domestic 
        violence, dating violence, sexual assault, and stalking, 
        including--
                    (A) providing or enhancing services for LGBT victims 
                of domestic violence, dating violence, sexual assault, 
                or stalking, including services that address the safety, 
                emotional well-being, economic, housing, legal and 
                workplace needs of LGBT victims;
                    (B) supporting programs that specifically address 
                underserved LGBT communities, including culturally 
                specific communities, to provide specific resources and 
                support for LGBT underserved victims of domestic 
                violence, dating violence, sexual assault, and stalking;
                    (C) working in cooperation with the community to 
                develop education and prevention strategies highlighting 
                LGBT specific issues and resources regarding victims of 
                domestic violence, dating violence, sexual assault, and 
                stalking;
                    (D) conducting outreach activities to ensure that 
                LGBT people who are victims of domestic violence, dating 
                violence, stalking, or sexual assault receive 
                appropriate assistance;
                    (E) providing training for victim service providers, 
                governmental agencies, courts, law enforcement and other 
                first responders, and nonprofit, nongovernmental 
                organizations serving the LGBT community about risk 
                reduction, intervention, prevention, and the nature of 
                domestic violence, dating violence, stalking, and sexual 
                assault;
                    (F) developing and implementing LGBT specific 
                programming that focuses on victim autonomy, agency, and 
                safety in order to provide resolution and restitution 
                for the victim; and
                    (G) providing LGBT specific programs for the non-
                offending LGBT parents of children exposed to domestic 
                violence, dating violence, sexual assault, and stalking.
            (3) <<NOTE: Contracts.>>  Technical assistance and 
        training.--The Director shall provide technical assistance and 
        training to grantees of this and other programs under this Act 
        regarding the development and provision of effective LGBT 
        specific community-based services by entering into cooperative 
        agreements or contracts with an organization or organizations 
        having a demonstrated expertise in and whose primary purpose is 
        addressing the development and provision of LGBT specific 
        community-based services to victims of domestic violence, dating 
        violence, sexual assault, and stalking.

    (c) Eligible Entities.--Eligible entities for grants under this 
section include--

[[Page 136 STAT. 863]]

            (1) community-based organizations, the primary purpose of 
        which is providing LGBT specific services to victims of domestic 
        violence, dating violence, sexual assault, and stalking; and
            (2) community-based organizations, the primary purpose of 
        which is providing LGBT specific services that can partner with 
        a program having demonstrated expertise in serving victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking, and that agrees to receive technical assistance from a 
        program with LGBT specific expertise.

    (d) Reporting.--The Director shall issue a biennial report on the 
distribution of funding under this section, the progress made in 
replicating and supporting increased services to LGBT victims of 
domestic violence, dating violence, sexual assault, and stalking and the 
types of LGBT specific programs, strategies, technical assistance, and 
training developed or enhanced through this program.
    (e) <<NOTE: Contracts.>>  Evaluation.--The Director shall award a 
contract or cooperative agreement to evaluate programs under this 
section to an entity with the demonstrated expertise in and primary goal 
of providing enhanced access to services and resources for victims of 
domestic violence, dating violence, sexual assault, and stalking who 
face obstacles to using more traditional services and resources.

    (f) Non-Exclusivity.--Nothing in this section shall be construed to 
exclude LGBT community-based organizations from applying to other grant 
programs authorized under this Act.
    (g) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
are authorized to be appropriated to carry out this section $8,000,000 
for each of fiscal years 2023 through 2027, to remain available until 
expended.

     TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS

SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.

    Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting before the 
                semicolon at the end the following ``or utilization of 
                other communication technologies for purposes related to 
                such a hotline'';
                    (B) in paragraph (3), by striking ``professionals'' 
                and inserting ``professionals, including school-based 
                professionals, to identify and refer students who may 
                have experienced or are at risk of experiencing sexual 
                violence''; and
                    (C) in paragraph (7)--
                          (i) by striking ``sexual assault'' and 
                      inserting ``sexual violence, sexual assault, and 
                      sexual harassment''; and
                          (ii) by inserting ``and Deaf individuals'' 
                      before the period at the end;
            (2) in subsection (b), by striking ``Indian tribal'' and 
        inserting ``Indian Tribal'';
            (3) by redesignating subsection (c) and (d) as subsections 
        (d) and (e), respectively;

[[Page 136 STAT. 864]]

            (4) by inserting the following new subsection after 
        subsection (b):

    ``(c) Meaningful Involvement of State Sexual Assault Coalitions, 
Culturally Specific Organizations, and Underserved Communities.--
In <<NOTE: Procedures.>>  awarding funds to States under this section, 
the Secretary shall set forth procedures designed to ensure meaningful 
involvement of sexual assault coalitions, culturally specific 
organizations, and representatives from underserved communities of the 
State or territory in the application for, and implementation of, 
funding.'';
            (5) in subsection (d) (as redesignated by paragraph (3))--
                    (A) in paragraph (1), by striking ``$50,000,000 for 
                each of fiscal years 2014 through 2018'' and inserting 
                ``$100,000,000 for each of fiscal years 2023 through 
                2027'';
                    (B) in paragraph (3), by adding at the end the 
                following: ``Not less than 80 percent of the total 
                amount made available under this subsection in each 
                fiscal year shall be awarded in accordance with this 
                paragraph.''; and
                    (C) by adding at the end the following:
            ``(4) State, territorial, and tribal sexual assault 
        coalition allotment.--
                    ``(A) In general.--Of the total amount appropriated 
                under this subsection for a fiscal year, not less than 
                15 percent shall be allocated to State, territorial, and 
                Tribal sexual assault coalitions for the purposes of 
                coordinating and providing prevention activities, 
                providing assistance to prevention programs, and 
                collaborating and coordinating with applicable Federal, 
                State, Tribal, and local entities engaged in sexual 
                violence prevention, in accordance with this paragraph.
                    ``(B) Allocations.--Of the total amount appropriated 
                under this subsection and allocated to making awards to 
                sexual assault coalitions, as described in subparagraph 
                (A), for a fiscal year--
                          ``(i) not less than 10 percent shall be made 
                      available to Tribal sexual assault coalitions; and
                          ``(ii) any remaining amounts shall be made 
                      available, in equal amounts, to each State 
                      coalition and each territorial coalition.
                    ``(C) Clarification.--Receipt of an award under this 
                subsection by a sexual assault coalition shall not 
                preclude the coalition from receiving additional grants 
                or administering funds to carry out the purposes 
                described in subsection (a).''; and
            (6) by adding at the end the following:

    ``(f) Report.--Not later than 1 year after the date of the enactment 
of the Violence Against Women Act Reauthorization Act of 2022, the 
Secretary, acting through the Director of the Centers for Disease 
Control and Prevention, shall submit to the Committee on Appropriations, 
the Committee on Energy and Commerce, and the Committee on the Judiciary 
of the House of Representatives and the Committee on Appropriations, the 
Committee on Health, Education, Labor, and Pensions, and the Committee 
on the Judiciary of the Senate a report on the activities funded by 
grants awarded under this section and best practices relating to rape 
prevention and education.''.

[[Page 136 STAT. 865]]

SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND 
                        EDUCATION (CHOOSE) FOR CHILDREN AND YOUTH.

    Section 41201 of the Violence Against Women Act of 1994 (34 U.S.C. 
12451) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      in the first sentence, by striking ``target youth 
                      who are victims of domestic violence, dating 
                      violence, sexual assault, stalking, and sex 
                      trafficking'' and inserting ``target youth, 
                      including youth in underserved populations, who 
                      are victims of domestic violence, dating violence, 
                      sexual assault, stalking, and sex trafficking'';
                          (ii) in subparagraph (B), by striking ``or'' 
                      at the end;
                          (iii) in subparagraph (C), by striking the 
                      period at the end and inserting a semicolon; and
                          (iv) by inserting after subparagraph (C) the 
                      following:
                    ``(D) clarify State or local mandatory reporting 
                policies and practices regarding peer-on-peer dating 
                violence, sexual assault, stalking, and sex trafficking; 
                or
                    ``(E) develop, enlarge, or strengthen culturally 
                specific victim services and responses related to, and 
                prevention of, female genital mutilation or cutting.'';
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking 
                      ``stalking, or sex trafficking'' and inserting 
                      ``stalking, sex trafficking, or female genital 
                      mutilation or cutting'';
                          (ii) in subparagraph (C), by inserting 
                      ``confidential'' before ``support services''; and
                          (iii) in subparagraph (E), by inserting after 
                      ``programming for youth'' the following: ``, 
                      including youth in underserved populations,''; and
                    (C) by adding at the end the following:
            ``(3) Children exposed to violence and abuse.--To develop, 
        maintain, or enhance programs designed to prevent future 
        incidents of domestic violence, dating violence, sexual assault, 
        and stalking by preventing, reducing and responding to 
        children's exposure to violence in the home, including by--
                    ``(A) providing services for children exposed to 
                domestic violence, dating violence, sexual assault or 
                stalking, including--
                          ``(i) direct counseling or advocacy; and
                          ``(ii) support for the non-abusing parent; and
                    ``(B) training and coordination for educational, 
                after-school, and childcare programs on how to--
                          ``(i) safely and confidentially identity 
                      children and families experiencing domestic 
                      violence, dating violence, sexual assault, or 
                      stalking; and
                          ``(ii) properly refer children exposed and 
                      their families to services and violence prevention 
                      programs.
            ``(4) Teen dating violence awareness and prevention.--To 
        develop, maintain, or enhance programs that change attitudes and 
        behaviors around the acceptability of domestic

[[Page 136 STAT. 866]]

        violence, dating violence, sexual assault, and stalking and 
        provide education and skills training to young individuals and 
        individuals who influence young individuals, which--
                    ``(A) may include the use evidenced-based, evidence-
                informed, or innovative strategies and practices focused 
                on youth; and
                    ``(B) shall include--
                          ``(i) age and developmentally-appropriate 
                      education on--
                                    ``(I) domestic violence;
                                    ``(II) dating violence;
                                    ``(III) sexual assault;
                                    ``(IV) stalking;
                                    ``(V) sexual coercion; and
                                    ``(VI) healthy relationship skills, 
                                in school, in the community, or in 
                                health care settings;
                          ``(ii) community-based collaboration and 
                      training for individuals with influence on youth, 
                      such as parents, teachers, coaches, healthcare 
                      providers, faith leaders, older teens, and 
                      mentors;
                          ``(iii) education and outreach to change 
                      environmental factors contributing to domestic 
                      violence, dating violence, sexual assault, and 
                      stalking; and
                          ``(iv) policy development targeted to 
                      prevention, including school-based policies and 
                      protocols.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(A)--
                          (i) by inserting ``organization'' after 
                      ``tribal nonprofit''; and
                          (ii) by inserting ``Native Hawaiian 
                      organization, urban Indian organization,'' before 
                      ``or population-specific community-based 
                      organization''; and
                    (B) in paragraph (2)(A), by striking ``paragraph 
                (1)'' and inserting ``subparagraph (A) or (B) of 
                paragraph (1)'';
            (3) in subsection (d)(3), by striking the period at the end 
        and inserting ``, including training on working with youth 
        victims of domestic violence, dating violence, sexual assault, 
        or sex trafficking in underserved populations, if such youth are 
        among those being served.''; and
            (4) in subsection (f), by striking ``$15,000,000 for each of 
        fiscal years 2014 through 2018'' and inserting ``$30,000,000 for 
        each of fiscal years 2023 through 2027''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

    (a) In General.--Section 304 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20125) is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraph (3) as paragraph (2);
            (2) in subsection (b)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) To develop, strengthen, and implement campus policies, 
        protocols, and services that more effectively identify and 
        respond to the crimes of domestic violence, dating violence, 
        sexual assault, and stalking, including the use of technology to 
        commit these crimes, and to train campus administrators,

[[Page 136 STAT. 867]]

        campus security personnel, and all participants in the 
        resolution process, including personnel from the Title IX 
        coordinator's office, student conduct office, and campus 
        disciplinary or judicial boards on such policies, protocols, and 
        services that promote a prompt, fair, and impartial 
        investigation.'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) To provide prevention and education programming about 
        domestic violence, dating violence, sexual assault, and 
        stalking, including technological abuse and reproductive and 
        sexual coercion, that is age-appropriate, culturally relevant, 
        ongoing, delivered in multiple venues on campus, accessible, 
        promotes respectful nonviolent behavior as a social norm, and 
        engages men and boys. Such programming should be developed in 
        partnership or collaboratively with experts in intimate partner 
        and sexual violence prevention and intervention.'';
                    (C) in paragraph (9), by striking ``and provide'' 
                and inserting ``, provide, and disseminate'';
                    (D) in paragraph (10), by inserting after ``or 
                adapt'' the following: ``and disseminate''; and
                    (E) by inserting after paragraph (10) the following:
            ``(11) To train campus health centers and appropriate campus 
        faculty, such as academic advisors or professionals who deal 
        with students on a daily basis, on how to recognize and respond 
        to domestic violence, dating violence, sexual assault, and 
        stalking, including training health providers on how to provide 
        universal education to all members of the campus community on 
        the impacts of violence on health and unhealthy relationships 
        and how providers can support ongoing outreach efforts.
            ``(12) To train campus personnel in how to use a victim-
        centered, trauma-informed interview technique, which means 
        asking questions of a student or a campus employee who is 
        reported to be a victim of sexual assault, domestic violence, 
        dating violence, or stalking, in a manner that is focused on the 
        experience of the reported victim, that does not judge or blame 
        the reported victim for the alleged crime, and that is informed 
        by evidence-based research on trauma 
        response. <<NOTE: Records.>>  To the extent practicable, campus 
        personnel shall allow the reported victim to participate in a 
        recorded interview and to receive a copy of the recorded 
        interview.
            ``(13) To develop and implement restorative practices (as 
        defined in section 40002(a) of the Violence Against Women Act of 
        1994 (34 U.S.C. 12291(a))).'';
            (3) in subsection (c)(3), by striking ``2014 through 2018'' 
        and inserting ``2023 through 2027'';
            (4) in subsection (d)--
                    (A) in paragraph (3)--
                          (i) in subparagraph (B), by striking ``for all 
                      incoming students'' and inserting ``for all 
                      students''; and
                          (ii) by striking subparagraph (D) and 
                      inserting the following:
                    ``(D) The grantee shall train all participants in 
                the resolution process, including the campus 
                disciplinary board, the title IX coordinator's office, 
                and the student conduct office, to respond effectively 
                to situations involving domestic violence, dating 
                violence, sexual assault, or stalking.''; and

[[Page 136 STAT. 868]]

                    (B) in paragraph (4)(C), by inserting after ``sex,'' 
                the following: ``sexual orientation, gender identity,''; 
                and
            (5) in subsection (e), by striking ``$12,000,000 for each of 
        fiscal years 2014 through 2018'' and inserting ``$15,000,000 for 
        each of fiscal years 2023 through 2027, of which not less than 
        10 percent shall be made available for grants to historically 
        Black colleges and universities''.

    (b) Report on Best Practices Regarding Domestic Violence, Dating 
Violence, Sexual Assault, and Stalking on Campuses.--Not later than 1 
year after the date of enactment of this Act, the Secretary of Education 
shall submit to Congress a report, which shall include--
            (1) <<NOTE: Evaluation.>>  an evaluation of programs, 
        events, and educational materials related to domestic violence, 
        dating violence, sexual assault, and stalking; and
            (2) <<NOTE: Assessment.>>  an assessment of best practices 
        and guidance from the evaluation described in paragraph (1), 
        which shall be made publicly available online to universities 
        and college campuses to use as a resource.
SEC. 304. STUDY ON STATE COVERAGE OF FORENSIC EXAMINATIONS AND 
                        RELATED COSTS FOLLOWING A SEXUAL ASSAULT.

    Not <<NOTE: Reports.>>  later than 270 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall issue a report to Congress on requirements and funding of States 
for forensic exams conducted after sexual assaults and any related 
medical expenses, as applicable, which shall include, with respect to 
each State--
            (1) the total annual cost of conducting forensic exams 
        described in section 2010(b) of part T of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
            (2) each funding source used to pay for the forensic exams 
        described in section 2010(b) of part T of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
            (3) a description of any laws or policies of the State to 
        ensure that individuals do not receive bills for all or part of 
        the cost of forensic exams conducted after sexual assaults, 
        consistent with section 2010(b) of part T of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10449(b)), including any oversight to ensure those individuals 
        do not receive bills;
            (4) an identification of any best practices implemented by 
        the State to ensure that individuals do not receive bills for 
        forensic exams conducted after sexual assaults;
            (5) any requirements under laws of the State relating to 
        payment for medical expenses and ancillary costs relating to a 
        sexual assault, which may include treatment of injuries 
        associated with the assault, imaging (including x-rays, MRIs, 
        and CAT scans), and other emergency medical care required as a 
        result of the sexual assault for which a victim receives a 
        forensic exam; and
            (6) if a law of the State requires the State to pay for the 
        medical expenses described in paragraph (5)--
                    (A) <<NOTE: List.>>  a detailed list of which 
                medical expenses require coverage;

[[Page 136 STAT. 869]]

                    (B) the total annual cost of medical expenses 
                relating to a sexual assault for which a victim receives 
                a forensic exam outside of the cost of the forensic 
                exam; and
                    (C) each funding source the State uses to pay for 
                medical expenses relating to a sexual assault for which 
                a victim receives a forensic exam.

                 TITLE IV--VIOLENCE REDUCTION PRACTICES

SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND 
                        PREVENTION.

    Section 402 of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (42 U.S.C. 280b-4) is amended--
            (1) in subsection (b), by striking ``violence against 
        women'' and inserting ``violence against adults, youth,''; and
            (2) in subsection (c), by striking ``the fiscal years 2014 
        through 2018'' and inserting ``fiscal years 2023 through 2027''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION 
                        (SMART PREVENTION) GRANTS.

    Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C. 
12463) is amended--
            (1) in subsection (a), by striking ``taking a comprehensive 
        approach that focuses on youth, children exposed to violence, 
        and men'' and inserting ``focusing on men and youth'';
            (2) in subsection (b)--
                    (A) by striking ``for the following purposes:'' and 
                all that follows through ``(3) engaging men as leaders 
                and models.--To develop'' and inserting ``to develop''; 
                and
                    (B) by inserting ``and youth'' after ``men'' the 
                first 2 times it appears;
            (3) in subsection (d)(3)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) include a focus on the unmet needs of 
                underserved populations.'';
            (4) in subsection (f), by striking ``$15,000,000 for each of 
        fiscal years 2014 through 2018'' and inserting ``$20,000,000 for 
        each of fiscal years 2023 through 2027''; and
            (5) by striking subsection (g).

        TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE

SEC. 501. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S RESPONSE 
                        TO DOMESTIC VIOLENCE, DATING VIOLENCE, 
                        SEXUAL ASSAULT, AND STALKING.

    Section 399P of the Public Health Service Act (42 U.S.C. 280g-4) is 
amended--
            (1) in subsection (a)--

[[Page 136 STAT. 870]]

                    (A) in paragraph (1), by inserting ``community 
                health workers, violence prevention advocates working 
                with health providers,'' after ``health staff,'';
                    (B) in paragraph (2), by striking ``for medical'' 
                and all that follows through ``stalking; and'' and 
                inserting ``for medical, psychology, dental, social 
                work, nursing, and other health profession students, 
                interns, residents, fellows, or current health care 
                providers (including midwives and doulas);''; and
                    (C) in paragraph (3)--
                          (i) by striking ``response'' and inserting 
                      ``capacity'';
                          (ii) by inserting ``prevent and respond to'' 
                      after ``(including behavioral and mental health 
                      programs) to''; and
                          (iii) by striking the period at the end and 
                      inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(4) the development or enhancement and implementation of 
        training programs to improve the capacity of early childhood 
        programs to address domestic violence, dating violence, sexual 
        assault, and stalking among families they serve; and
            ``(5) the development or enhancement and implementation of 
        comprehensive statewide strategies for health and violence 
        prevention programs to work together to promote primary 
        prevention of domestic violence, dating violence, sexual 
        assault, and stalking.'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A)(i)--
                          (i) by striking ``to identify and provide'' 
                      and inserting ``to provide universal education on 
                      healthy relationships and provide trauma-
                      informed''; and
                          (ii) by striking ``and'' at the end;
                    (B) in subparagraph (A)(ii)--
                          (i) by striking ``culturally competent 
                      clinical training components'' and inserting 
                      ``training components that center the experiences 
                      of, and are developed in collaboration with, 
                      culturally specific individuals and American 
                      Indians and Alaska Natives, and include community-
                      defined practices such as the use of doulas, 
                      midwives, and traditional healers,'';
                          (ii) by inserting ``(including labor and sex 
                      trafficking)'' after ``other forms of violence and 
                      abuse''; and
                          (iii) by striking ``disparities'' and 
                      inserting ``inequities'';
                    (C) in subparagraph (A), by inserting after clause 
                (ii) the following:
                          ``(iii) are designed to be inclusive of the 
                      experiences of all individuals, including LGBT 
                      individuals, and include training on improving 
                      equity and reducing disparities in access to 
                      health care services and prevention resources; and
                          ``(iv) include training on the use of a 
                      universal prevention education approach to both 
                      prevent and respond to domestic violence, dating 
                      violence, sexual assault, or stalking in health 
                      care settings;'';

[[Page 136 STAT. 871]]

                    (D) in subparagraph (B), in the matter preceding 
                clause (i), by striking ``response of the health care 
                system'' and inserting ``capacity of the health care 
                system to prevent and respond'';
                    (E) in subparagraph (B)(i)--
                          (i) by striking ``identifying and responding 
                      to'' inserting ``identifying, responding to, and 
                      promoting prevention of'';
                          (ii) by inserting ``during in-person or 
                      virtual visits'' after ``and stalking''; and
                          (iii) by inserting ``and to maximize victim 
                      choice on the use and sharing of their health 
                      information'' before the semicolon at the end;
                    (F) in subparagraph (B)(ii)--
                          (i) by striking ``on-site access to'' and all 
                      that follows through the semicolon at the end and 
                      inserting the following: ``services to address the 
                      safety, medical, and mental health needs of 
                      patients by--
                                    ``(I) increasing the capacity of 
                                existing health care professionals 
                                (including professionals who specialize 
                                in trauma or in substance use disorders) 
                                in behavioral and mental health care, 
                                community health workers, and public 
                                health staff to address domestic 
                                violence, dating violence, sexual 
                                assault, stalking, and children exposed 
                                to violence;
                                    ``(II) contracting with or hiring 
                                advocates for victims of domestic 
                                violence or sexual assault to provide 
                                such services; or
                                    ``(III) providing funding to State 
                                domestic and sexual violence coalitions 
                                to improve the capacity of such 
                                coalitions to coordinate and support 
                                health advocates and other health system 
                                partnerships;'';
                    (G) in subparagraph (B)(iii)--
                          (i) by striking ``of identification'' and 
                      inserting ``of prevention'';
                          (ii) by inserting ``during in-person or 
                      virtual visits'' after ``and stalking''; and
                          (iii) by striking ``and'' at the end;
                    (H) in subparagraph (B)(iv)--
                          (i) by inserting ``and promote prevention 
                      during in-person or virtual visits,'' after ``or 
                      stalking,''; and
                          (ii) by striking the period at the end and 
                      inserting a semicolon;
                    (I) in subparagraph (B), by adding at the end the 
                following:
                          ``(v) the development, implementation, 
                      dissemination, and evaluation of best practices, 
                      tools, and training materials, including 
                      culturally relevant tools, for mental health, 
                      behavioral health, and substance use disorder 
                      professionals to identify and respond to domestic 
                      violence, sexual violence, stalking, and dating 
                      violence; and
                          ``(vi) the development and provision of 
                      culturally relevant training and follow-up 
                      technical assistance to health care professionals, 
                      and public health staff, and allied health 
                      professionals to identify, assess, treat, and 
                      refer clients who are victims of domestic 
                      violence,

[[Page 136 STAT. 872]]

                      dating violence, sexual assault, or stalking from 
                      culturally specific communities and promote 
                      prevention, using tools and training materials, 
                      developed by and for culturally specific 
                      communities, with priority given to trainings 
                      provided by culturally specific organizations; 
                      and''; and
                    (J) by inserting after subparagraph (B) the 
                following:
                    ``(C) design and implement comprehensive strategies 
                to prevent domestic or sexual violence including through 
                the use of universal education in clinical and public 
                health settings, hospitals, clinics and other health 
                settings.'';
            (3) in subsection (b)(2)(A)--
                    (A) in the subparagraph heading, by striking ``Child 
                and elder abuse'' and inserting ``Child abuse and abuse 
                in later life''; and
                    (B) by striking ``child or elder abuse'' and 
                inserting ``child abuse or abuse in later life'';
            (4) in subsection (b)(2)(C)(i), by striking ``elder abuse'' 
        and inserting ``abuse in later life'';
            (5) in subsection (b)(2)(C)(ii), by inserting ``programs 
        that promote the prevention of sexual assault as well as'' after 
        ``implementation of'';
            (6) in subsection (b)(2)(C)(iii)--
                    (A) by inserting ``and exposure to violence across 
                generations'' after ``abuse''; and
                    (B) by striking ``or'' at the end;
            (7) in subsection (b)(2)(C)(iv)--
                    (A) by inserting ``mental health,'' after 
                ``dental,''; and
                    (B) by striking ``exams.'' and inserting ``exams and 
                certifications;'';
            (8) in subsection (b)(2)(C), by inserting after clause (iv) 
        the following:
                          ``(v) providing funding to culturally specific 
                      organizations to improve the capacity of such 
                      organizations to engage and partner with health 
                      care providers to support victims and meet 
                      increased referrals from health systems;
                          ``(vi) developing a State-level pilot program 
                      to--
                                    ``(I) improve the response of 
                                substance use disorder treatment 
                                programs, harm reduction programs for 
                                people who use substances, and systems 
                                to domestic violence, dating violence, 
                                sexual assault, and stalking;
                                    ``(II) improve the capacity of 
                                substance use disorder treatment 
                                programs, harm reduction programs for 
                                people who use substances, and systems 
                                to serve survivors of domestic violence, 
                                dating violence, sexual assault, and 
                                stalking dealing with substance use 
                                disorder; and
                                    ``(III) improve the capacity of 
                                domestic violence, dating violence, 
                                sexual assault, and stalking programs to 
                                serve survivors who have substance use 
                                history; or
                          ``(vii) developing and utilizing existing 
                      technical assistance and training resources to 
                      improve the capacity of substance use disorder 
                      treatment programs

[[Page 136 STAT. 873]]

                      and harm reduction programs for people who use 
                      substances to address domestic violence, dating 
                      violence, sexual assault, and stalking among 
                      patients the programs serve.'';
            (9) in subsection (c)(3)(A), by striking ``given to outcome 
        based evaluations.'' and inserting the following: ``given to--
                          ``(i) outcome based evaluations;
                          ``(ii) culturally specific and population 
                      specific organizations; and
                          ``(iii) programs developing and implementing 
                      community-driven solutions to address domestic 
                      violence, dating violence, sexual assault, or 
                      stalking.'';
            (10) in subsection (c)(3)(B)(i)(III), by inserting ``, 
        including a culturally specific organization or community-based 
        organization working to address the social determinants of 
        health,'' after ``nonprofit entity'';
            (11) in subsection (c)(3)(C)(ii)--
                    (A) by striking ``strategies for'' and inserting the 
                following: ``strategies--
                                    ``(I) for'';
                    (B) by inserting ``and generations'' after 
                ``lifespan'';
                    (C) by striking ``settings;'' and inserting 
                ``settings; and''; and
                    (D) by adding at the end the following:
                                    ``(II) to address primary prevention 
                                of domestic violence, dating violence, 
                                sexual assault, and stalking over the 
                                lifespan and generations, including 
                                strategies that address related social 
                                determinants of health, economic 
                                justice, and equity issues, and that are 
                                inclusive of LGBT individuals;'';
            (12) in subsection (c)(3)(C)(iii), by striking ``State or 
        tribal law enforcement task forces (where appropriate)'' and 
        inserting ``culturally specific organizations'';
            (13) in subsection (c)(3)(C)(iv), by inserting ``(including 
        culturally specific organizations)'' after ``service 
        providers'';
            (14) in subsection (d)(2)(A)--
                    (A) by inserting ``(including mental health or 
                substance abuse agencies)'' after ``of health'';
                    (B) by striking ``or mental'' and inserting ``or 
                behavioral''; and
                    (C) by inserting ``and substance use disorder 
                prevention and treatment'' before the semicolon at the 
                end;
            (15) in subsection (d)(2)(B)--
                    (A) by inserting ``behavioral health treatment 
                system,'' after ``hospital,'';
                    (B) by striking ``or any other community-based'' and 
                inserting ``a community-based''; and
                    (C) by inserting ``or substance use disorder 
                prevention and treatment, or a community-based 
                organization with a history of partnership with programs 
                in the field of domestic violence, dating violence, 
                sexual assault, or stalking and health care, including 
                physical or mental health care or substance use disorder 
                prevention and treatment'' after ``mental health care'';
            (16) in subsection (g)--

[[Page 136 STAT. 874]]

                    (A) by striking ``$10,000,000'' and inserting 
                ``$20,000,000''; and
                    (B) by striking ``2014 through 2018'' and inserting 
                ``2023 through 2027''; and
            (17) in subsection (h)--
                    (A) by striking ``herein''; and
                    (B) by striking ``provided for''.
SEC. 502. MATERNAL MORTALITY OR MORBIDITY STUDY.

    (a) <<NOTE: Consultation.>>  Study.--The Secretary of Health and 
Human Services, acting through the Director of the Centers for Disease 
Control and Prevention and in consultation with the Attorney General, 
the Director of the Indian Health Service, and other stakeholders 
(including community based organizations), shall conduct a study on the 
leading causes of pregnancy-associated morbidity and mortality and the 
extent which domestic violence, dating violence, sexual assault, or 
stalking throughout the United States contribute to the risk of maternal 
mortality or morbidity.

    (b) Reports.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of Health and Human Services, in consultation 
with the Attorney General, the Director of the Indian Health Service, 
and other stakeholders (including community based organizations), shall 
report to Congress on the study conducted under subsection (a), which 
shall include the following:
            (1) <<NOTE: Analysis.>>  An analysis of the extent to which 
        domestic violence, dating violence, sexual assault, or stalking 
        contribute to pregnancy-associated morbidity and mortality.
            (2) <<NOTE: Analysis.>>  An analysis of the impact of 
        domestic violence, dating violence, sexual assault, or stalking 
        on access to health care.
            (3) A breakdown of individuals particularly impacted by 
        domestic violence, dating violence, sexual assault, or stalking, 
        by race and ethnicity, disability status, and sexual orientation 
        and gender identity.
            (4) <<NOTE: Analysis.>>  An analysis of the impact of 
        domestic violence, dating violence, sexual assault, or stalking 
        on Tribal communities and among Indians.
            (5) <<NOTE: Assessment.>>  An assessment of the factors that 
        increase risks for infant and maternal mortality or morbidity 
        among victims of domestic violence, dating violence, sexual 
        assault, or stalking.
            (6) <<NOTE: Recommenda- tions.>>  Recommendations for 
        legislative or policy changes to help reduce infant and maternal 
        mortality rates.
            (7) Best practices to reduce pregnancy-related deaths among 
        survivors of domestic violence, dating violence, sexual assault, 
        or stalking.
            (8) Any other information on maternal mortality or morbidity 
        the Secretary determines appropriate to include in the report.
SEC. 503. <<NOTE: 42 USC 280g-4a.>>  UNDERSTANDING SEXUAL ASSAULT 
                        CARE IN HEALTH SYSTEMS.

    (a) Purpose.--It is the purpose of this section to identify areas 
for improvement in health care delivery systems providing forensic 
examinations to survivors of sexual assault.
    (b) <<NOTE: Surveys.>>  Grants.--The Secretary of Health and Human 
Services (referred to in this section as ``the Secretary'') shall award 
grants to States and Indian Tribes to develop and implement State and 
Tribal surveys to identify--

[[Page 136 STAT. 875]]

            (1) the availability of, and patient access to, medical 
        forensic examinations;
            (2) the training level of the health care providers who 
        perform medical forensic examinations;
            (3) the hospitals or clinics that offer medical forensic 
        examinations and whether each hospital or clinic has full-time, 
        part-time, or on-call coverage;
            (4) barriers to medical forensic examinations provided 
        through sexual assault care and services;
            (5) billing and reimbursement practices for medical forensic 
        examinations;
            (6) State and Tribal requirements, minimum standards, and 
        protocols for training sexual assault examiners for sexual 
        assault forensic examiners and for other personnel involved in 
        medical forensic examinations;
            (7) the availability of sexual assault forensic examiner 
        training, the frequency of such training, the providers of such 
        training, the State's or Indian Tribe's role in such training, 
        and the processes or procedures in place for continuing 
        education of such examiners; and
            (8) the dedicated Federal and State funding available to 
        support sexual assault forensic examiner training.

    (c) <<NOTE: Determination.>>  Eligibility.--To be eligible to 
receive a grant under this section, a State or Indian Tribe shall submit 
to the Secretary an application through a competitive process to be 
determined by the Secretary.

    (d) Public Dissemination and Campaign.--
            (1) <<NOTE: Web posting. Time period.>>  Public 
        availability.--The results of the surveys conducted under grants 
        awarded under this section shall be published by the Secretary 
        on the website of the Department of Health and Human Services on 
        a biennial basis.
            (2) Campaigns.--A State or Indian Tribe that receives a 
        grant under this section shall carry out the following 
        activities:
                    (A) Make the findings of the survey conducted using 
                amounts received under the grant public, including a map 
                showing health care providers who perform medical 
                forensic examinations, based on the findings from the 
                State and Tribal surveys under subsection (b)(3).
                    (B) <<NOTE: Strategic plan.>>  Use the findings to 
                develop a strategic action plan to increase the number 
                of trained medical forensic examiners available in the 
                State or Tribal community and create policies to 
                increase survivor access to trained examiners.
                    (C) Use the findings to develop and implement a 
                public awareness campaign that includes the following:
                          (i) An online toolkit describing how and where 
                      sexual assault survivors can obtain assistance and 
                      care, including medical forensic examinations, in 
                      the State or Tribal community.
                          (ii) A model standard response protocol for 
                      health care providers to implement upon arrival of 
                      a patient seeking care for sexual assault.
                          (iii) A model sexual assault response team 
                      protocol incorporating interdisciplinary community 
                      coordination between hospitals, emergency 
                      departments, hospital administration, local rape 
                      crisis programs, law enforcement, prosecuting 
                      attorneys, and other health and human service 
                      agencies and stakeholders with respect

[[Page 136 STAT. 876]]

                      to delivering survivor-centered sexual assault 
                      care and medical forensic examinations.
                          (iv) <<NOTE: Notice.>>  A notice of applicable 
                      laws prohibiting charging or billing survivors of 
                      sexual assault for care and services related to 
                      sexual assault.

    (e) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to carry out this section $7,000,000 
for each of fiscal years 2023 through 2027.
SEC. 504. <<NOTE: 42 USC 280g-4a note.>>  NATIONAL REPORT ON 
                        SEXUAL ASSAULT SERVICES IN OUR NATION'S 
                        HEALTH SYSTEM.

    (a) <<NOTE: Consultation.>>  In General.--Not later than 1 year 
after the date of enactment of this Act, and annually thereafter, the 
Agency for Healthcare Research and Quality, in consultation with the 
Centers for Medicare & Medicaid Services, the Centers for Disease 
Control and Prevention, the Health Resources and Services 
Administration, the Indian Health Service, the Office for Victims of 
Crime of the Department of Justice, the Office on Women's Health of the 
Department of Health and Human Services, and the Office of Violence 
Against Women of the Department of Justice (collectively referred to in 
this section as the ``Agencies''), shall submit to the Secretary of 
Health and Human Services (referred to in this section as ``the 
Secretary'') a report of existing Federal, Indian Tribe, and State 
practices relating to medical forensic examinations which may include 
the findings of the surveys developed under section 503.

    (b) Core Competencies.--In conducting activities under this section, 
the Agencies shall address sexual assault forensic examination 
competencies, including--
            (1) providing medical care to sexual assault patients;
            (2) demonstrating the ability to conduct a medical forensic 
        examination, including an evaluation for evidence collection;
            (3) showing compassion and sensitivity towards survivors of 
        sexual assault;
            (4) <<NOTE: Testimony.>>  testifying in Federal, State, 
        local, and Tribal courts; and
            (5) other competencies, as the Agencies determine 
        appropriate.

    (c) <<NOTE: Web posting. Public information.>>  Publication.--The 
Agency for Healthcare Research and Quality shall establish, maintain, 
and publish on the website of the Department of Health and Human 
Services an online public map of availability of sexual assault forensic 
examinations. Such maps shall clarify if there is full-time, part-time, 
or on-call coverage.

    (d) <<NOTE: Recommenda- tions.>>  Report to Congress.--Not later 
than 60 days after receiving the report described in subsection (a), the 
Secretary shall submit to the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Energy and Commerce and the 
Committee on Education and Labor of the House of Representatives 
recommendations for improving sexual assault forensic examination 
competencies based on the report described in subsection (a).
SEC. 505. <<NOTE: 42 USC 280g-4b note.>>  IMPROVING AND 
                        STRENGTHENING THE SEXUAL ASSAULT EXAMINER 
                        WORKFORCE CLINICAL AND CONTINUING 
                        EDUCATION PILOT PROGRAM.

    (a) Purpose.--It is the purpose of this section to establish a pilot 
program to develop, test, and implement training and continuing 
education that expands and supports the availability of

[[Page 136 STAT. 877]]

medical forensic examination services for survivors of sexual assault.
    (b) Establishment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services (referred to in this section as ``the Secretary'') 
        shall establish a National Continuing and Clinical Education 
        Pilot Program for sexual assault forensic examiners, sexual 
        assault nurse examiners, and other individuals who perform 
        medical forensic examinations.
            (2) Consultation.--In establishing such program, the 
        Secretary shall consult with the Centers for Medicare & Medicaid 
        Services, the Centers for Disease Control and Prevention, the 
        Health Resources and Services Administration, the Indian Health 
        Service, the Office for Victims of Crime of the Department of 
        Justice, the Office on Violence Against Women of the Department 
        of Justice, and the Office on Women's Health of the Department 
        of Health and Human Services, and shall solicit input from 
        regional, national, and Tribal organizations with expertise in 
        forensic nursing, rape trauma or crisis counseling, 
        investigating rape and gender violence cases, survivors' 
        advocacy and support, sexual assault prevention education, rural 
        health, and responding to sexual violence in Tribal communities.

    (c) <<NOTE: Update.>>  Functions.--The pilot program established 
under subsection (b) shall develop, pilot, implement, and update, as 
appropriate, continuing and clinical education program modules, 
webinars, and programs for all hospitals and providers to increase 
access to medical forensic examination services and address ongoing 
competency issues in medical forensic examination services, including--
            (1) training and continuing education to help support sexual 
        assault forensic examiners practicing in rural or underserved 
        areas;
            (2) training to help connect sexual assault survivors who 
        are Indian with sexual assault forensic examiners, including 
        through emergency first aid, referrals, culturally competent 
        support, and forensic evidence collection in rural communities;
            (3) replication of successful sexual assault forensic 
        examination programs to help develop and improve the evidence 
        base for medical forensic examinations; and
            (4) training to increase the number of medical professionals 
        who are considered sexual assault forensic examiners based on 
        the recommendations of the National Sexual Assault Forensic 
        Examination Training Standards issued by the Office on Violence 
        Against Women of the Department of Justice.

    (d) Eligibility to Participate in Pilot Programs.--The Secretary 
shall ensure that medical forensic examination services provided under 
the pilot program established under subsection (b), and other medical 
forensic examiner services under the pilot program are provided by 
health care providers who are also one of the following:
            (1) A physician, including a resident physician.
            (2) A nurse practitioner.
            (3) A nurse midwife.
            (4) A physician assistant.
            (5) A certified nurse specialist.

[[Page 136 STAT. 878]]

            (6) A registered nurse.
            (7) A community health practitioner or a community health 
        aide who has completed level III or level IV certification and 
        training requirements.

    (e) Nature of Training.--The continuing education program 
established under this section shall incorporate and reflect current 
best practices and standards on medical forensic examination services 
consistent with the purpose of this section.
    (f) Availability.--After termination of the pilot program 
established under subsection (b)(1), the training and continuing 
education program established under such program shall be available to 
all sexual assault forensic examiners and other providers employed by, 
or any individual providing services through, facilities that receive 
Federal funding.
    (g) Effective Date.--The pilot program established under this 
section shall terminate on the date that is 2 years after the date of 
such establishment.
    (h) <<NOTE: Time period.>>  Authorization.--There are authorized to 
be appropriated to carry out this section $5,000,000 for each of fiscal 
years 2023 through 2025.
SEC. 506. <<NOTE: 42 USC 280g-4b.>>  EXPANDING ACCESS TO UNIFIED 
                        CARE.

    (a) <<NOTE: Grants.>>  Establishment of Program.--The Secretary of 
Health and Human Services (referred to in this section as the 
``Secretary'') shall establish a program (referred to in this section as 
the ``program'') to award grants to eligible entities for the clinical 
training of sexual assault forensic examiners (including registered 
nurses, nurse practitioners, nurse midwives, clinical nurse specialists, 
physician assistants, and physicians) to administer medical forensic 
examinations and treatments to survivors of sexual assault.

    (b) Purpose.--The purpose of the program is to enable each grant 
recipient to expand access to medical forensic examination services by 
providing new providers with the clinical training necessary to 
establish and maintain competency in such services and to test the 
provisions of such services at new facilities in expanded health care 
settings.
    (c) <<NOTE: Time period.>>  Grants.--Under the program, the 
Secretary shall award 3-year grants to eligible entities that meet the 
requirements established by the Secretary.

    (d) Eligible Entities.--To be eligible to receive a grant under this 
section, an entity shall--
            (1) be--
                    (A) a safety net clinic acting in partnership with a 
                high-volume emergency services provider or a hospital 
                currently providing sexual assault medical forensic 
                examinations performed by sexual assault forensic 
                examiners, that will use grant funds to--
                          (i) assign rural health care service providers 
                      to the high-volume hospitals for clinical 
                      practicum hours to qualify such providers as 
                      sexual assault forensic examiners; or
                          (ii) assign practitioners at high-volume 
                      hospitals to rural health care services providers 
                      to instruct, oversee, and approve clinical 
                      practicum hours in the community to be served;

[[Page 136 STAT. 879]]

                    (B) an organization described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 and exempt from 
                taxation under 501(a) of such Code, that provides legal 
                training and technical assistance to Tribal communities 
                and to organizations and agencies serving Indians; or
                    (C) an Indian Tribe (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304)); and
            (2) <<NOTE: Application.>>  submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require, including a 
        description of whether the applicant will provide services 
        described in subparagraph (A) or (B) of paragraph (1).

    (e) Grant Amount.--Each grant awarded under this section shall be in 
an amount not to exceed $400,000 per year. A grant recipient may carry 
over funds from one fiscal year to the next without obtaining approval 
from the Secretary.
    (f) Authorization of Appropriations.--
            (1) <<NOTE: Time period.>>  In general.--There is authorized 
        to be appropriated to carry out this section $10,000,000 for 
        each of fiscal years 2023 through 2027.
            (2) Set-aside.--Of the amount appropriated under this 
        subsection for a fiscal year, the Secretary shall reserve 15 
        percent of such amount for purposes of making grants to entities 
        that are affiliated with Indian Tribes or Tribal organizations 
        (as defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304)), or Urban Indian 
        organizations (as defined in section 4 of the Indian Health Care 
        Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used 
        to support referrals and the delivery of emergency first aid, 
        culturally competent support, and forensic evidence collection 
        training.
SEC. 507. <<NOTE: 42 USC 280g-4c.>>  EXPANDING ACCESS TO FORENSICS 
                        FOR VICTIMS OF INTERPERSONAL VIOLENCE.

    (a) Definitions.--In this section:
            (1) Community health aide; community health practitioner.--
        The terms ``community health aide'' and ``community health 
        practitioner'' have the meanings given such terms for purposes 
        of section 119 of the Indian Health Care Improvement Act (25 
        U.S.C. 1616l).
            (2) Health care provider.--The term ``health care provider'' 
        has the meaning given such term by the Secretary, and includes 
        registered nurses, nurse practitioners, nurse midwives, clinical 
        nurse specialists, physician assistants, and physicians.
            (3) Indian tribe; tribal organization.--The terms ``Indian 
        Tribe'' and ``Tribal organization'' shall have the meanings 
        given such terms in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304).
            (4) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given such term in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
            (5) Interpersonal violence.--The term ``interpersonal 
        violence'' means any form of violence that is emotional and

[[Page 136 STAT. 880]]

        trauma-inducing for victims, families of victims, perpetrators, 
        and communities.
            (6) Native hawaiian organization.--The term ``Native 
        Hawaiian organization'' has the meaning given such term in 
        section 12 of the Native Hawaiian Health Care Improvement Act 
        (42 U.S.C. 11711).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (8) Trauma-informed care.--The term ``trauma-informed care'' 
        means care received by trauma survivors that is culturally 
        competent in accordance with professional standards of practice 
        and accounting for patients' experiences and preferences in 
        order to eliminate or mitigate triggers that may cause re-
        traumatization of the patient.
            (9) Urban indian organization.--The term ``Urban Indian 
        organization'' has the meaning given such term in section 4 of 
        the Indian Health Care Improvement Act (25 U.S.C. 1603).

    (b) Demonstration Grants for Comprehensive Forensic Training.--
            (1) Establishment of program.--The Secretary shall establish 
        a demonstration program to award grants to eligible entities for 
        the clinical training of health care providers to provide 
        generalist forensic services and trauma-informed care to 
        survivors of interpersonal violence of all ages.
            (2) Purpose.--The purpose of the demonstration program under 
        this subsection is to develop training and curriculum to provide 
        health care providers with the skills to support the provision 
        of forensic assessment and trauma-informed care to individuals, 
        families, and communities that have experienced violence or 
        trauma and to be available to collaborate with members of an 
        inter-professional forensic team.
            (3) Term.--Grants under this subsection shall be for a term 
        of 5 years.
            (4) Eligible entities.--To be eligible to receive a grant 
        under this subsection, an entity shall--
                    (A) be an institute of higher education, including a 
                minority serving institution as described in section 371 
                of the Higher Education Act of 1965 (20 U.S.C. 1067q); 
                and
                    (B) <<NOTE: Application.>>  submit to the Secretary 
                an application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
            (5) Grant amount.--Each grant awarded under this subsection 
        shall be in an amount that does not exceed $400,000 per year. A 
        grant recipient may carry over funds from one fiscal year to the 
        next without obtaining approval from the Secretary.
            (6) Authorization of appropriations.--
                    (A) <<NOTE: Time period.>>  In general.--There is 
                authorized to be appropriated to carry out this 
                subsection $5,000,000 for each of fiscal years 2023 
                through 2027.
                    (B) Set-aside.--Of the amount appropriated under 
                this paragraph for a fiscal year, the Secretary shall 
                reserve 10 percent for purposes of making grants to 
                support training and curricula that addresses the unique 
                needs of Indian Tribes, Tribal organizations, Urban 
                Indian organizations, and Native Hawaiian organizations.

[[Page 136 STAT. 881]]

                Amounts so reserved may be used to support training, 
                referrals, and the delivery of emergency first aid, 
                culturally competent support, and forensic evidence 
                collection training.

    (c) Technical Assistance Grants and Learning Collectives.--
            (1) In general.--The Secretary shall establish a State and 
        Tribal forensic provider technical resource center to provide 
        technical assistance and support collaboration and best 
        practices for health care providers, community health aides, and 
        community health practitioners to improve the quality of, and 
        increase access to, forensic services for all survivors of 
        interpersonal violence. <<NOTE: Contracts.>>  The Secretary may 
        enter into contracts with national experts for purposes of 
        carrying out this subsection.
            (2) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to carry 
        out this subsection, $2,000,000 for each of fiscal years 2023 
        through 2027.

    (d) National Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Office for Victims 
of Crime of the Department of Justice, the Centers for Disease Control 
and Prevention, the Health Resources and Services Administration, the 
Indian Health Service, the Office on Women's Health of the Department of 
Health and Human Services, and the Office on Violence Against Women of 
the Department of Justice shall jointly submit to the Secretary a report 
on the need for, throughout the States, Indian Tribes, and territories--
            (1) access to generalist medical forensic services, evidence 
        collection, and documentation that aids in meeting the needs of 
        health care patients and improves future law enforcement 
        investigation and prosecution; and
            (2) data for research to support the response to and 
        prevention of interpersonal violence, improved ability of health 
        care providers to adequately respond to patients who exhibit 
        signs of victimization, and address the unique needs of Tribal 
        communities.

                    TITLE VI--SAFE HOMES FOR VICTIMS

SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, 
                        DATING VIOLENCE, SEXUAL ASSAULT, AND 
                        STALKING.

    Section 41411(a) of the Violence Against Women Act of 1994 (34 
U.S.C. 12491(a)) is amended--
            (1) in paragraph (1)(A), by striking ``brother, sister,'' 
        and inserting ``sibling,''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``, including the 
                direct loan program under such section'';
                    (B) in subparagraph (D), by striking ``the program 
                under subtitle A of'' and inserting ``the programs 
                under'';
                    (C) in subparagraph (I)--
                          (i) by striking ``sections 514, 515, 516, 533, 
                      and 538 of the Housing Act of 1949 (42 U.S.C. 
                      1484, 1485, 1486, 1490m, and 1490p-2)'' and 
                      inserting ``sections 514, 515, 516, 533, 538, and 
                      542 of the Housing Act

[[Page 136 STAT. 882]]

                      of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, 1490p-
                      2, 1490r)''; and
                          (ii) by striking ``and'' at the end;
                    (D) in subparagraph (J), by striking the period at 
                the end and inserting a semicolon; and
                    (E) by adding at the end the following:
                    ``(K) the provision of assistance from the Housing 
                Trust Fund established under section 1338 of the Federal 
                Housing Enterprises Financial Safety and Soundness Act 
                of 1992 (12 U.S.C. 4501);
                    ``(L) the provision of assistance for housing under 
                the Comprehensive Service Programs for Homeless Veterans 
                program under subchapter II of chapter 20 of title 38, 
                United States Code;
                    ``(M) the provision of assistance for housing and 
                facilities under the grant program for homeless veterans 
                with special needs under section 2061 of title 38, 
                United States Code;
                    ``(N) the provision of assistance for permanent 
                housing under the program for financial assistance for 
                supportive services for very low-income veteran families 
                in permanent housing under section 2044 of title 38, 
                United States Code;
                    ``(O) the provision of transitional housing 
                assistance for victims of domestic violence, dating 
                violence, sexual assault, or stalking under the grant 
                program under chapter 11 of subtitle B; and
                    ``(P) any other Federal housing programs providing 
                affordable housing to low- and moderate-income persons 
                by means of restricted rents or rental assistance, or 
                more generally providing affordable housing 
                opportunities, as identified by the appropriate agency 
                through regulations, notices, or any other means.''.
SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING 
                        RETALIATION AGAINST VICTIMS.

    Chapter 2 of subtitle N of title IV of the Violence Against Women 
Act of 1994 (34 U.S.C. 12491 et seq.) is amended by inserting after 
section 41411 the following:
``SEC. 41412. <<NOTE: 34 USC 12492.>>  COMPLIANCE REVIEWS.

    ``(a) Regular Compliance Reviews.--
            ``(1) In general.--Each appropriate agency shall establish a 
        process by which to review compliance with the requirements of 
        this subtitle, which shall--
                    ``(A) <<NOTE: Consultation.>>  where possible, be 
                incorporated into other existing compliance review 
                processes of the appropriate agency, in consultation 
                with the Gender-based Violence Prevention Office and 
                Violence Against Women Act Director described in section 
                41413 and any other relevant officials of the 
                appropriate agency; and
                    ``(B) <<NOTE: Examination.>>  examine--
                          ``(i) compliance with requirements prohibiting 
                      the denial of assistance, tenancy, or occupancy 
                      rights on the basis of domestic violence, dating 
                      violence, sexual assault, or stalking;
                          ``(ii) compliance with confidentiality 
                      provisions set forth in section 41411(c)(4);

[[Page 136 STAT. 883]]

                          ``(iii) compliance with the notification 
                      requirements set forth in section 41411(d)(2);
                          ``(iv) compliance with the provisions for 
                      accepting documentation set forth in section 
                      41411(c);
                          ``(v) compliance with emergency transfer 
                      requirements set forth in section 41411(e); and
                          ``(vi) compliance with the prohibition on 
                      retaliation set forth in section 41414.
            ``(2) Frequency.--Each appropriate agency shall conduct the 
        review described in paragraph (1) on a regular basis, as 
        determined by the appropriate agency.

    ``(b) Regulations.--
            ``(1) <<NOTE: Deadline. Standards.>>  In general.--Not later 
        than 2 years after the date of enactment of the Violence Against 
        Women Act Reauthorization Act of 2022, each appropriate agency 
        shall issue regulations in accordance with section 553 of title 
        5, United States Code, to implement subsection (a) of this 
        section, which shall--
                    ``(A) define standards of compliance under covered 
                housing programs;
                    ``(B) include detailed reporting requirements, 
                including the number of emergency transfers requested 
                and granted, as well as the length of time needed to 
                process emergency transfers; and
                    ``(C) include standards for corrective action plans 
                where compliance standards have not been met.
            ``(2) Consultation.--In developing the regulations under 
        paragraph (1), an appropriate agency shall engage in additional 
        consultation with appropriate stakeholders including, as 
        appropriate--
                    ``(A) individuals and organizations with expertise 
                in the housing needs and experiences of victims of 
                domestic violence, dating violence, sexual assault and 
                stalking; and
                    ``(B) individuals and organizations with expertise 
                in the administration or management of covered housing 
                programs, including industry stakeholders and public 
                housing agencies.

    ``(c) Public Disclosure.--Each appropriate agency shall ensure that 
an agency-level assessment of the information collected during the 
compliance review process completed pursuant to this subsection--
            ``(1) <<NOTE: Evaluation.>>  includes an evaluation of each 
        topic identified in subsection (a); and
            ``(2) is made publicly available.
``SEC. 41413. <<NOTE: 34 USC 12493.>>  DEPARTMENT OF HOUSING AND 
                            URBAN DEVELOPMENT GENDER-BASED 
                            VIOLENCE PREVENTION OFFICE AND 
                            VIOLENCE AGAINST WOMEN ACT DIRECTOR.

    ``(a) Establishment.--The Secretary of Housing and Urban Development 
shall establish a Gender-based Violence Prevention Office with a 
Violence Against Women Act Director (in this section referred to as the 
`Director').
    ``(b) Duties.--The Director shall, among other duties--
            ``(1) support implementation of this chapter;
            ``(2) coordinate with Federal agencies on legislation, 
        implementation, and other issues affecting the housing 
        provisions under this subtitle, as well as other issues related 
        to

[[Page 136 STAT. 884]]

        advancing housing protections for victims of domestic violence, 
        dating violence, sexual assault, and stalking;
            ``(3) coordinate with State and local governments and 
        agencies, including State housing finance agencies, regarding 
        advancing housing protections and access to housing for victims 
        of domestic violence, dating violence, sexual assault, and 
        stalking;
            ``(4) ensure that technical assistance and support are 
        provided to each appropriate agency and housing providers 
        regarding implementation of this subtitle, as well as other 
        issues related to advancing housing protections for victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking, including compliance with this subtitle;
            ``(5) implement internal systems to track, monitor, and 
        address compliance failures; and
            ``(6) address the housing needs and barriers faced by 
        victims of sexual assault, as well as sexual coercion and sexual 
        harassment by a public housing agency or owner or manager of 
        housing assisted under a covered housing program.

    ``(c) <<NOTE: Time period.>>  Authorization of Appropriations.--
There are authorized to be appropriated to carry out this section such 
sums as may be necessary for fiscal years 2023 through 2027.
``SEC. 41414. <<NOTE: 34 USC 12494.>>  PROHIBITION ON RETALIATION.

    ``(a) Non-retaliation Requirement.--No public housing agency or 
owner or manager of housing assisted under a covered housing program 
shall discriminate against any person because that person has opposed 
any act or practice made unlawful by this subtitle, or because that 
person testified, assisted, or participated in any matter related to 
this chapter.
    ``(b) Prohibition on Coercion.--No public housing agency or owner or 
manager of housing assisted under a covered housing program shall 
coerce, intimidate, threaten, or interfere with, or retaliate against, 
any person in the exercise or enjoyment of, on account of the person 
having exercised or enjoyed, or on account of the person having aided or 
encouraged any other person in the exercise or enjoyment of, any rights 
or protections under this chapter, including--
            ``(1) intimidating or threatening any person because that 
        person is assisting or encouraging a person entitled to claim 
        the rights or protections under this chapter; and
            ``(2) retaliating against any person because that person has 
        participated in any investigation or action to enforce this 
        chapter.

    ``(c) Implementation.--The Secretary of Housing and Urban 
Development and the Attorney General shall implement and enforce this 
chapter consistent with, and in a manner that provides, the rights and 
remedies provided for in title VIII of the Civil Rights Act of 1968 (42 
U.S.C. 3601 et seq.).''.
SEC. 603. PROTECTING THE RIGHT TO REPORT CRIME FROM ONE'S HOME.

     Chapter 2 of subtitle N of title IV of the Violence Against Women 
Act of 1994 (34 U.S.C. 12491 et seq.), as amended by this Act, is 
further amended by inserting after section 41414 the following:

[[Page 136 STAT. 885]]

``SEC. 41415. <<NOTE: 34 USC 12495.>>  RIGHT TO REPORT CRIME AND 
                            EMERGENCIES FROM ONE'S HOME.

    ``(a) Definition.--In this section, the term `covered governmental 
entity' means any municipal, county, or State government that receives 
funding under section 106 of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5306).
    ``(b) Right to Report.--
            ``(1) In general.--Landlords, homeowners, tenants, 
        residents, occupants, and guests of, and applicants for, 
        housing--
                    ``(A) shall have the right to seek law enforcement 
                or emergency assistance on their own behalf or on behalf 
                of another person in need of assistance; and
                    ``(B) shall not be penalized based on their requests 
                for assistance or based on criminal activity of which 
                they are a victim or otherwise not at fault under 
                statutes, ordinances, regulations, or policies adopted 
                or enforced by covered governmental entities.
            ``(2) Prohibited penalties.--Penalties that are prohibited 
        under paragraph (1) include--
                    ``(A) actual or threatened assessment of monetary or 
                criminal penalties, fines, or fees;
                    ``(B) actual or threatened eviction;
                    ``(C) actual or threatened refusal to rent or renew 
                tenancy;
                    ``(D) actual or threatened refusal to issue an 
                occupancy permit or landlord permit; and
                    ``(E) actual or threatened closure of the property, 
                or designation of the property as a nuisance or a 
                similarly negative designation.

    ``(c) Reporting.--Consistent with the process described in section 
104(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 
5304(b)), covered governmental entities shall--
            ``(1) report any of their laws or policies, or, as 
        applicable, the laws or policies adopted by subgrantees, that 
        impose penalties on landlords, homeowners, tenants, residents, 
        occupants, guests, or housing applicants based on requests for 
        law enforcement or emergency assistance or based on criminal 
        activity that occurred at a property; and
            ``(2) <<NOTE: Certification.>>  certify that they are in 
        compliance with the protections under this subtitle or describe 
        the steps the covered governmental entities will take within 180 
        days to come into compliance, or to ensure compliance among 
        subgrantees.

    ``(d) Implementation.--The Secretary of Housing and Urban 
Development and the Attorney General shall implement and enforce this 
chapter consistent with, and in a manner that provides, the same rights 
and remedies as those provided for in title VIII of the Civil Rights Act 
of 1968 (42 U.S.C. 3601 et seq.).
    ``(e) Subgrantees.--For those covered governmental entities that 
distribute funds to subgrantees, compliance with subsection (c)(1) 
includes inquiring about the existence of laws and policies adopted by 
subgrantees that impose penalties on landlords, homeowners, tenants, 
residents, occupants, guests, or housing applicants based on requests 
for law enforcement or emergency assistance or based on criminal 
activity that occurred at a property.''.

[[Page 136 STAT. 886]]

SEC. 604. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF 
                        DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
                        ASSAULT, OR STALKING.

    Section 40299 of the Violence Against Women Act of 1994 (34 U.S.C. 
12351) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``the Director of the Violence 
                Against Women Office'' and inserting ``the Director of 
                the Office on Violence Against Women''; and
                    (B) by inserting after ``, other nonprofit, 
                nongovernmental organizations'' the following: ``, 
                population-specific organizations''; and
            (2) in subsection (g)--
                    (A) in paragraph (1), by striking ``2014 through 
                2018'' and inserting ``2023 through 2027'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraph (3) as paragraph (2); 
                and
                    (D) in paragraph (2)(B), as so redesignated, by 
                striking ``0.25 percent'' and inserting ``0.5 percent''.
SEC. 605. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC 
                        VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
                        AND STALKING.

    (a) McKinney-Vento Homeless Assistance Grants.--The McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended--
            (1) in section 103 (42 U.S.C. 11302), by amending subsection 
        (b) to read as follows:

    ``(b) Domestic Violence, Dating Violence, Sexual Assault, Stalking, 
and Other Dangerous, Traumatic, or Life-threatening Conditions Relating 
to Such Violence.--Notwithstanding any other provision of this section, 
the Secretary shall consider to be homeless any individual or family 
who--
            ``(1) is experiencing trauma or a lack of safety related to, 
        or fleeing or attempting to flee, domestic violence, dating 
        violence, sexual assault, stalking, or other dangerous, 
        traumatic, or life-threatening conditions related to the 
        violence against the individual or a family member in the 
        individual's or family's current housing situation, including 
        where the health and safety of children are jeopardized;
            ``(2) has no other safe residence; and
            ``(3) lacks the resources to obtain other safe permanent 
        housing.''; and
            (2) in section 423(a) (42 U.S.C. 11383(a)), by adding at the 
        end the following:
            ``(13) Facilitating and coordinating activities to ensure 
        compliance with subsection (e) of section 41411 of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12491) and monitoring 
        compliance with the confidentiality protections of subsection 
        (c)(4) of such section.''.

    (b) Collaborative Grants To Increase the Long-term Stability of 
Victims.--Section 41404(i) of the Violence Against Women Act of 1994 (34 
U.S.C. 12474(i)) is amended by striking ``2014 through 2018'' and 
inserting ``2023 through 2027''.

[[Page 136 STAT. 887]]

    (c) Grants To Combat Violence Against Women in Public and Assisted 
Housing.--Section 41405 of the Violence Against Women Act of 1994 (34 
U.S.C. 12475) is amended--
            (1) in subsection (b)(1), by striking ``the Director of the 
        Violence Against Women Office'' and inserting ``the Director of 
        the Office on Violence Against Women'';
            (2) in subsection (c)(2)(D), by inserting after 
        ``linguistically and culturally specific service providers,'' 
        the following: ``population-specific organizations,''; and
            (3) in subsection (g), by striking ``2014 through 2018'' and 
        inserting ``2023 through 2027''.

    (d) VAWA Training and Technical Assistance Grants.--Chapter 2 of 
subtitle N of title IV of the Violence Against Women Act of 1994 (34 
U.S.C. 12491 et seq.), as amended by this Act, is further amended by 
inserting after section 41415 the following:
``SEC. 41416. <<NOTE: 34 USC 12496.>>  TRAINING AND TECHNICAL 
                            ASSISTANCE GRANTS.

    ``There <<NOTE: Appropriation authorization. Time period.>>  is 
authorized to be appropriated to the Secretary of Housing and Urban 
Development such sums as may be necessary for fiscal years 2023 through 
2027 to be used for training and technical assistance to support the 
implementation of this chapter, including technical assistance 
agreements with entities whose primary purpose and expertise is 
assisting survivors of sexual assault and domestic violence or providing 
culturally specific services to victims of domestic violence, dating 
violence, sexual assault, and stalking.''.
SEC. 606. STUDY AND REPORT ON HOUSING AND SERVICE NEEDS OF 
                        SURVIVORS OF TRAFFICKING AND INDIVIDUALS 
                        AT RISK FOR TRAFFICKING.

    (a) Definitions.--In this section:
            (1) Survivor of a severe form of trafficking.--The term 
        ``survivor of a severe form of trafficking'' has the meaning 
        given the term ``victim of a severe form of trafficking'' in 
        section 103 of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7102).
            (2) Survivor of trafficking.--The term ``survivor of 
        trafficking'' has the meaning given the term ``victim of 
        trafficking'' in section 103 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102).

    (b) Study.--
            (1) In general.--The Secretary of Housing and Urban 
        Development shall conduct a study assessing the availability and 
        accessibility of housing and services for individuals 
        experiencing homelessness or housing instability who are--
                    (A) survivors of trafficking, including survivors of 
                a severe form of trafficking; or
                    (B) at risk of being trafficked.
            (2) Coordination and consultation.--In conducting the study 
        required under paragraph (1), the Secretary shall--
                    (A) coordinate with--
                          (i) the Interagency Task Force to Monitor and 
                      Combat Trafficking established under section 105 
                      of the Trafficking Victims Protection Act of 2000 
                      (22 U.S.C. 7103);
                          (ii) the United States Advisory Council on 
                      Human Trafficking;

[[Page 136 STAT. 888]]

                          (iii) the Secretary of Health and Human 
                      Services; and
                          (iv) the Attorney General; and
                    (B) consult with--
                          (i) the National Advisory Committee on the Sex 
                      Trafficking of Children and Youth in the United 
                      States;
                          (ii) survivors of trafficking;
                          (iii) direct service providers, including--
                                    (I) organizations serving runaway 
                                and homeless youth;
                                    (II) organizations serving survivors 
                                of trafficking through community-based 
                                programs; and
                                    (III) organizations providing 
                                housing services to survivors of 
                                trafficking; and
                          (iv) housing and homelessness assistance 
                      providers, including recipients of grants under--
                                    (I) the Continuum of Care program 
                                authorized under subtitle C of title IV 
                                of the McKinney-Vento Homeless 
                                Assistance Act (42 U.S.C. 11381 et 
                                seq.); and
                                    (II) the Emergency Solutions Grants 
                                program authorized under subtitle B of 
                                title IV of the McKinney-Vento Homeless 
                                Assistance Act (42 U.S.C. 11371 et 
                                seq.).
            (3) <<NOTE: Evaluations. Assessments.>>  Contents.--The 
        study conducted pursuant to paragraph (1) shall include--
                    (A) with respect to the individuals described in 
                such paragraph--
                          (i) an evaluation of formal assessments and 
                      outreach methods used to identify and assess the 
                      housing and service needs of such individuals, 
                      including outreach methods--
                                    (I) to ensure effective 
                                communication with individuals with 
                                disabilities; and
                                    (II) to reach individuals with 
                                limited English proficiency;
                          (ii) <<NOTE: Review.>>  a review of the 
                      availability and accessibility of homelessness or 
                      housing services for such individuals, including 
                      the family members of such individuals who are 
                      minors involved in foster care systems, that 
                      identifies the disability-related needs of such 
                      individuals, including the need for housing with 
                      accessibility features;
                          (iii) <<NOTE: Analysis.>>  an analysis of the 
                      effect of any policies and procedures of 
                      mainstream homelessness or housing services that 
                      facilitate or limit the availability of such 
                      services and accessibility for such individuals, 
                      including those such individuals who are involved 
                      in the legal system, as such services are in 
                      effect as of the date on which the study is 
                      conducted;
                          (iv) <<NOTE: Determination.>>  a determination 
                      of the best practices in meeting the housing and 
                      service needs of such individuals; and
                          (v) an assessment of barriers to fair housing 
                      and housing discrimination against survivors of 
                      trafficking who are members of a protected class 
                      under the Fair Housing Act (42 U.S.C. 3601 et 
                      seq.);

[[Page 136 STAT. 889]]

                    (B) an assessment of the ability of mainstream 
                homelessness or housing services to meet the specialized 
                needs of survivors of trafficking, including trauma 
                responsive approaches specific to labor and sex 
                trafficking survivors; and
                    (C) an evaluation of the effectiveness of, and 
                infrastructure considerations for, housing and service-
                delivery models that are specific to survivors of 
                trafficking, including survivors of severe forms of 
                trafficking, including emergency rental assistance 
                models.

    (c) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Housing and Urban Development 
shall--
            (1) submit a report to the Committee on Banking, Housing, 
        and Urban Affairs of the Senate and the Committee on Financial 
        Services of the House of Representatives that contains the 
        information described in subparagraphs (A) through (C) of 
        subsection (b)(3); and
            (2) <<NOTE: Public information.>>  make the report submitted 
        pursuant to paragraph (1) available to the public.

                TITLE VII--ECONOMIC SECURITY FOR VICTIMS

SEC. 701. <<NOTE: 34 USC 12501 note.>>  FINDINGS.

    Congress finds the following:
            (1) Over 1 in 3 women experience sexual violence, and 1 in 5 
        women have survived completed or attempted rape. Such violence 
        has a devastating impact on women's physical and emotional 
        health, financial security, and ability to maintain their jobs, 
        and thus impacts interstate commerce and economic security.
            (2) Homicide is one of the leading causes of death for women 
        on the job. Domestic partners or relatives commit 43 percent of 
        workplace homicides against women. One study found that intimate 
        partner violence resulted in 142 homicides among women at work 
        in the United States from 2003 to 2008, a figure which 
        represents 22 percent of the 648 workplace homicides among women 
        during the period. In fact, in 2010, homicides against women at 
        work increased by 13 percent despite continuous declines in 
        overall workplace homicides in recent years.
            (3) Violence can have a dramatic impact on the survivor of 
        such violence. Studies indicate that 44 percent of surveyed 
        employed adults experienced the effect of domestic violence in 
        the workplace, and 64 percent indicated their workplace 
        performance was affected by such violence. Another recent survey 
        found that 78 percent of offenders used workplace resources to 
        express anger, check up on, pressure, or threaten a survivor. 
        Sexual assault, whether occurring in or out of the workplace, 
        can impair an employee's work performance, require time away 
        from work, and undermine the employee's ability to maintain a 
        job. Nearly 50 percent of sexual assault survivors lose their 
        jobs or are forced to quit in the aftermath of the assaults.

[[Page 136 STAT. 890]]

            (4) Studies find that 60 percent of single women lack 
        economic security and 81 percent of households with single 
        mothers live in economic insecurity. Significant barriers that 
        survivors confront include access to housing, transportation, 
        and child care. Ninety-two percent of homeless women have 
        experienced domestic violence, and more than 50 percent of such 
        women cite domestic violence as the direct cause for 
        homelessness. Survivors are deprived of their autonomy, liberty, 
        and security, and face tremendous threats to their health and 
        safety.
            (5) The Centers for Disease Control and Prevention report 
        that survivors of severe intimate partner violence lose nearly 
        8,000,000 days of paid work, which is the equivalent of more 
        than 32,000 full-time jobs and almost 5,600,000 days of 
        household productivity each year. Therefore, women 
        disproportionately need time off to care for their health or to 
        find safety solutions, such as obtaining a restraining order or 
        finding housing, to avoid or prevent further violence.
            (6) Annual costs of intimate partner violence are estimated 
        to be more than $8,300,000,000. According to the Centers for 
        Disease Control and Prevention, the costs of intimate partner 
        violence against women in 1995 exceeded an estimated 
        $5,800,000,000. These costs included nearly $4,100,000,000 in 
        the direct costs of medical and mental health care and nearly 
        $1,800,000,000 in the indirect costs of lost productivity. These 
        statistics are generally considered to be underestimated because 
        the costs associated with the criminal justice system are not 
        included.
            (7) Fifty-five percent of senior executives recently 
        surveyed said domestic violence has a harmful effect on their 
        company's productivity, and more than 70 percent said domestic 
        violence negatively affects attendance. Seventy-eight percent of 
        human resources professionals consider partner violence a 
        workplace issue. However, more than 70 percent of United States 
        workplaces have no formal program or policy that addresses 
        workplace violence, let alone domestic violence. In fact, only 4 
        percent of employers provided training on domestic violence.
            (8) Harassment is a persistent and significant problem in 
        the workplace in the United States, and the Equal Employment 
        Opportunity Commission found that not less than 25 percent, and 
        as many as 85 percent, of women surveyed report having 
        experienced sexual harassment at work.
            (9) For decades, survivors of sexual violence have come 
        forward to seek justice and demand their right to be free from 
        violence, harassment, and other forms of discrimination. These 
        calls for change reached a tipping point after October 2017 as a 
        result of Tarana Burke's work and #MeToo going viral. Thousands 
        of courageous individuals, from Hollywood to the halls of 
        Congress and the military, to restaurants, agricultural fields, 
        and factory floors, shined a light on the pervasive and 
        insidious nature of workplace harassment and sexual assault.
            (10) Working people can be subjected to multiple forms of 
        harassment in the workplace at the same time.
            (11) According to the Equal Employment Opportunity 
        Commission, approximately 3 out of 4 individuals who experience 
        harassment never talked to a supervisor, manager, or union 
        representative about the harassing conduct.

[[Page 136 STAT. 891]]

            (12) The impact of domestic violence, dating violence, 
        sexual assault, and stalking on the workplace is a part of the 
        challenge of workplace harassment.
            (13) Studies indicate that one of the best predictors of 
        whether a survivor will be able to stay away from his or her 
        abuser is the degree of his or her economic independence. 
        However, domestic violence, dating violence, sexual assault, and 
        stalking often negatively impact a survivor's ability to 
        maintain employment.
            (14) Abusers frequently seek to exert financial control over 
        their partners by actively interfering with their ability to 
        work, including preventing their partners from going to work, 
        harassing their partners at work, limiting their partners' 
        access to cash or transportation, and sabotaging their partners' 
        child care arrangements.
            (15) Economic abuse refers to behaviors that control an 
        intimate partner's ability to acquire, use, and maintain access 
        to money, credit, ownership of assets, or governmental or 
        private financial benefits, including defaulting on joint 
        obligations (such as school loans, credit card debt, mortgages, 
        or rent). Other forms of such abuse may include preventing 
        someone from attending school, threatening to or actually 
        terminating employment, controlling or withholding access to 
        cash, checking, or credit accounts, and attempting to damage or 
        sabotage the creditworthiness of an intimate partner, including 
        forcing an intimate partner to write bad checks, forcing an 
        intimate partner to default on payments related to household 
        needs, such as housing, or forcing an intimate partner into 
        bankruptcy.
            (16) This title aims to empower survivors of domestic 
        violence, dating violence, sexual assault, or stalking to be 
        free from violence, hardship, and control, which restrains basic 
        human rights to freedom and safety in the United States.
SEC. 702. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO 
                        ASSIST VICTIMS OF DOMESTIC AND SEXUAL 
                        VIOLENCE.

    Section 41501 of the Violence Against Women Act of 1994 (34 U.S.C. 
12501) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and sexual harassment'' after 
                ``domestic and sexual violence''; and
                    (B) by striking ``employers and labor 
                organizations'' and inserting ``employers, labor 
                organizations, and victim service providers''; and
            (2) in subsection (b)(3), by striking ``and stalking'' and 
        inserting ``stalking, and sexual harassment'';
            (3) in subsection (c)(1), by inserting ``or sexual 
        harassment'' before the period at the end;
            (4) in subsection (c)(2)(A), by inserting ``or sexual 
        harassment'' after ``sexual violence'';
            (5) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively;
            (6) by inserting after subsection (d) the following:

    ``(e) Pathways to Opportunity Pilot Project.--An eligible nonprofit 
nongovernmental entity or tribal organization that receives a grant 
under this section may develop a plan to enhance the capacity of 
survivors to obtain and maintain employment,

[[Page 136 STAT. 892]]

including through the implementation of a demonstration pilot program to 
be known as `Pathways to Opportunity', which shall--
            ``(1) build collaborations between and among victim service 
        providers, workforce development programs, and educational and 
        vocational institutions to provide trauma informed programming 
        to support survivors seeking employment; and
            ``(2) be centered around culturally specific organizations 
        or organizations that primarily serve populations traditionally 
        marginalized in the workplace.'';
            (7) in subsection (f), as so redesignated, by striking 
        ``$1,000,000 for each of fiscal years 2014 through 2018'' and 
        inserting ``$2,000,000 for each of fiscal years 2023 through 
        2027''.
SEC. 703. PROVISIONS RELATED TO THE TEMPORARY ASSISTANCE FOR NEEDY 
                        FAMILIES PROGRAM.

    (a) TANF Personnel Training.--
            (1) In general.--Section 402(a) of the Social Security Act 
        (42 U.S.C. 602(a)) is amended by adding at the end the following 
        new paragraph:
            ``(8) Certification that the state will provide information 
        to victims of sexual harassment or survivors of domestic 
        violence, sexual assault, or stalking.--
                    ``(A) <<NOTE: Standards. Procedures.>>  In 
                general.--A certification by the chief executive officer 
                of the State that the State has established and is 
                enforcing standards and procedures to--
                          ``(i) ensure that applicants and potential 
                      applicants for assistance under the State program 
                      funded under this part are notified of assistance 
                      made available by the State to victims of sexual 
                      harassment and survivors of domestic violence, 
                      sexual assault, or stalking;
                          ``(ii) ensure that case workers and other 
                      agency personnel responsible for administering the 
                      State program funded under this part are trained 
                      in--
                                    ``(I) the nature and dynamics of 
                                sexual harassment and domestic violence, 
                                sexual assault, and stalking;
                                    ``(II) State standards and 
                                procedures relating to the prevention 
                                of, and assistance for, individuals who 
                                are victims of sexual harassment or 
                                survivors of domestic violence, sexual 
                                assault, or stalking; and
                                    ``(III) methods of ascertaining and 
                                ensuring the confidentiality of personal 
                                information and documentation related to 
                                applicants for assistance and their 
                                children who have provided notice about 
                                their experiences of sexual harassment, 
                                domestic violence, sexual assault, or 
                                stalking; and
                          ``(iii) ensure that, if a State has elected to 
                      establish and enforce standards and procedures 
                      regarding the screening for, and identification 
                      of, domestic violence, sexual assault, or stalking 
                      pursuant to paragraph (7)--
                                    ``(I) the State program funded under 
                                this part provides information about the 
                                options under this part to current and 
                                potential beneficiaries; and
                                    ``(II) case workers and other agency 
                                personnel responsible for administering 
                                the State program

[[Page 136 STAT. 893]]

                                funded under this part are provided with 
                                training regarding State standards and 
                                procedures pursuant to paragraph (7).
                    ``(B) Definitions.--For purposes of this paragraph--
                          ``(i) the term `sexual harassment' means 
                      hostile, intimidating, or oppressive behavior 
                      based on sex that creates an offensive work 
                      environment;
                          ``(ii) the term `domestic violence' has the 
                      meaning given such term in paragraph (7); and
                          ``(iii) the terms `sexual assault' and 
                      `stalking' have the meanings given such terms in 
                      section 40002 of the Violence Against Women Act of 
                      1994 (34 U.S.C. 12291).''.
            (2) <<NOTE: 42 USC 602 note.>>  Implementation.--Not later 
        than 1 year after the date of enactment of this Act, each State 
        shall submit the certification required under paragraph (8) of 
        subsection (a) of section 402 of the Social Security Act (42 
        U.S.C. 602), as added by paragraph (1), in the form of an 
        amendment to the State's plan submitted under such 
        section. <<NOTE: Time period.>>  A State shall not be regarded 
        as failing to comply with the requirement of such paragraph (8) 
        before the date that is 1 year after the date of enactment of 
        this Act.

    (b) <<NOTE: 42 USC 602 note.>>  National Grant Program for 
Developing a Model Training Program for TANF Personnel Training.--
            (1) Grants authorized.--
                    (A) Model training program.--The Secretary of Health 
                and Human Services (in this subsection referred to as 
                the ``Secretary'') shall--
                          (i) develop and disseminate a model training 
                      program (and related materials) for the training 
                      required under section 402(a)(8) of the Social 
                      Security Act, and if the State so elects, section 
                      402(a)(7) of such Act; and
                          (ii) provide technical assistance with respect 
                      to such model training program to eligible States 
                      (as defined in section 402 of the Social Security 
                      Act).
                    (B) Grants.--In developing the model training 
                program under subparagraph (A)(i), the Secretary may 
                award grants and contracts and may develop such program 
                in cooperation with an eligible partner.
            (2) Eligible partner defined.--For purposes of paragraph 
        (1), the term ``eligible partner'' means an entity that is--
                    (A) a State or tribal domestic violence coalition or 
                sexual assault coalition; or
                    (B) a State or local victim service provider with 
                recognized expertise in the dynamics of domestic 
                violence, sexual assault, or stalking whose primary 
                mission is to provide services to survivors of domestic 
                violence, sexual assault, or stalking, including a rape 
                crisis center or domestic violence program.
            (3) Report.--
                    (A) Report to congress.--Not later than 5 years 
                after the date of the enactment of this Act, the 
                Secretary shall submit to the Committee on Ways and 
                Means of the House of Representatives and the Committee 
                on Finance of the Senate a report on the program 
                established under this subsection.

[[Page 136 STAT. 894]]

                    (B) <<NOTE: Procedures. Deadline.>>  Report 
                available to public.--The Secretary shall establish 
                procedures for the dissemination to the public of the 
                report submitted under subparagraph (A) not later than 
                10 days after the submission of such report to Congress 
                under such subparagraph. Such procedures shall include 
                the use of the internet to disseminate such report.
            (4) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There are authorized to be appropriated 
        $3,000,000 to carry out this section for each of fiscal years 
        2023 through 2027.
SEC. 704. <<NOTE: Consultations. 34 USC 20130.>>  STUDY AND 
                        REPORTS ON BARRIERS TO SURVIVORS' ECONOMIC 
                        SECURITY ACCESS.

    (a) Study.--The Secretary of Health and Human Services, in 
consultation with the Secretary of Labor, shall conduct a study on the 
barriers that survivors of domestic violence, dating violence, sexual 
assault, or stalking throughout the United States experience in 
maintaining economic security, including the impact of the COVID-19 
pandemic on such victims' ability to maintain economic security, as a 
result of issues related to domestic violence, dating violence, sexual 
assault, or stalking.
    (b) <<NOTE: Time period.>>  Reports.--Not later than 1 year after 
the date of enactment of this Act, and every 5 years thereafter, the 
Secretary of Health and Human Services, in consultation with the 
Secretary of Labor, shall submit a report to Congress on the study 
conducted under subsection (a).

    (c) Contents.--The study and reports under this section shall 
include--
            (1) identification of geographic areas in which State laws, 
        regulations, and practices have a strong impact on the ability 
        of survivors of domestic violence, dating violence, sexual 
        assault, or stalking to exercise--
                    (A) any rights under this title (including any 
                amendments made by this title) without compromising 
                personal safety or the safety of others, including 
                family members and excluding the abuser; and
                    (B) other components of economic security, including 
                financial empowerment, affordable housing, 
                transportation, health care access, credit history, and 
                quality education and training opportunities;
            (2) identification of geographic areas with shortages in 
        resources for such survivors, with an accompanying analysis of 
        the extent and impact of such shortage;
            (3) <<NOTE: Analysis.>>  analysis of the unique barriers 
        faced by such survivors living in rural communities;
            (4) <<NOTE: Analysis.>>  analysis of factors related to 
        industries, workplace settings, employer practices, trends, and 
        other elements that impact the ability of such survivors to 
        exercise any rights under this Act (including any amendments 
        made by this Act) without compromising personal safety or the 
        safety of others, including family members;
            (5) <<NOTE: Recommenda- tions.>>  the recommendations of the 
        Secretary of Health and Human Services and the Secretary of 
        Labor with respect to resources, oversight, and enforcement 
        tools to ensure successful implementation of the provisions of 
        this Act in order to support the economic security and safety of 
        survivors of domestic violence, dating violence, sexual assault, 
        or stalking;

[[Page 136 STAT. 895]]

            (6) best practices for States, employers, health carriers, 
        insurers, and other private entities in addressing issues 
        related to domestic violence, dating violence, sexual assault, 
        or stalking; and
            (7) barriers that impede victims' ability to pursue legal 
        action, including legal costs and filing fees, and complexities 
        of the jurisdiction of law enforcement agencies.
SEC. 705. <<NOTE: Reports. Examination.>>  GAO STUDY.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Education and Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
report that examines, with respect to survivors of domestic violence, 
dating violence, sexual assault, or stalking who are, or were, enrolled 
at institutions of higher education and borrowed a loan made, insured, 
or guaranteed under title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) for which the survivors have not repaid the total 
interest and principal due, each of the following:
            (1) The implications of domestic violence, dating violence, 
        sexual assault, or stalking on a borrower's ability to repay 
        their Federal student loans.
            (2) The adequacy of policies and procedures regarding 
        Federal student loan deferment, forbearance, and grace periods 
        when a survivor has to suspend or terminate the survivor's 
        enrollment at an institution of higher education due to domestic 
        violence, dating violence, sexual assault, or stalking.
            (3) The adequacy of institutional policies and practices 
        regarding retention or transfer of credits when a survivor has 
        to suspend or terminate the survivor's enrollment at an 
        institution of higher education due to domestic violence, dating 
        violence, sexual assault, or stalking.
            (4) The availability or any options for a survivor of 
        domestic violence, dating violence, sexual assault, or stalking 
        who attended an institution of higher education that committed 
        unfair, deceptive, or abusive acts or practices, or otherwise 
        substantially misrepresented information to students, to be able 
        to seek a defense to repayment of the survivor's Federal student 
        loan.
            (5) The limitations faced by a survivor of domestic 
        violence, dating violence, sexual assault, or stalking to obtain 
        any relief or restitution on the survivor's Federal student loan 
        debt due to the use of forced arbitration, gag orders, or bans 
        on class actions.

                   TITLE VIII--SAFETY FOR INDIAN WOMEN

      Subtitle A--Tools to Enhance Public Safety for Indian Tribes

SEC. 801. <<NOTE: 25 USC 1304 note.>>  FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) American Indians and Alaska Natives are--

[[Page 136 STAT. 896]]

                    (A) 2.5 times as likely to experience violent 
                crimes; and
                    (B) at least 2 times more likely to experience rape 
                or sexual assault crimes;
            (2) more than 4 in 5 American Indian and Alaska Native women 
        have experienced violence in their lifetime;
            (3) the vast majority of American Indian and Alaska Native 
        victims of violence--96 percent of women victims and 89 percent 
        of male victims--have experienced sexual violence by a non-
        Indian perpetrator at least once in their lifetime;
            (4) Indian Tribes exercising special domestic violence 
        criminal jurisdiction over non-Indians pursuant to section 204 
        of Public Law 90-284 (25 U.S.C. 1304) (commonly known as the 
        ``Indian Civil Rights Act of 1968''), restored by section 904 of 
        the Violence Against Women Reauthorization Act of 2013 (Public 
        Law 113-4; 127 Stat. 120), have reported significant success 
        holding violent offenders accountable for crimes of domestic 
        violence, dating violence, and civil protection order 
        violations;
            (5) Tribal prosecutors for Indian Tribes exercising special 
        domestic violence criminal jurisdiction report that the majority 
        of domestic violence cases involve children either as witnesses 
        or victims, and the Department of Justice reports that American 
        Indian and Alaska Native children suffer exposure to violence at 
        one of the highest rates in the United States;
            (6) childhood exposure to violence can have immediate and 
        long-term effects, including increased rates of altered 
        neurological development, poor physical and mental health, poor 
        school performance, substance abuse, and overrepresentation in 
        the juvenile justice system;
            (7) according to the Centers for Disease Control and 
        Prevention, homicide is--
                    (A) the third leading cause of death among American 
                Indian and Alaska Native women between 10 and 24 years 
                of age; and
                    (B) the fifth leading cause of death for American 
                Indian and Alaska Native women between 25 and 34 years 
                of age;
            (8) in some areas of the United States, Native American 
        women are murdered at rates more than 10 times the national 
        average;
            (9) according to a 2017 report by the Department of Justice, 
        66 percent of criminal prosecutions for crimes in Indian country 
        that United States Attorneys declined to prosecute involved 
        assault, murder, or sexual assault;
            (10) investigation into cases of missing or murdered 
        Indigenous women is made difficult for Tribal law enforcement 
        agencies due to a lack of resources, including a lack of--
                    (A) necessary personnel, training, equipment, or 
                funding;
                    (B) interagency cooperation;
                    (C) appropriate laws in place; and
                    (D) access to Federal law enforcement databases;
            (11) domestic violence calls are among the most dangerous 
        calls that law enforcement receives;
            (12) the complicated jurisdictional scheme that exists in 
        Indian country--

[[Page 136 STAT. 897]]

                    (A) has a significant impact on public safety in 
                Indian communities;
                    (B) according to Tribal justice officials, has been 
                increasingly exploited by criminals; and
                    (C) requires a high degree of commitment and 
                cooperation among Tribal, Federal, and State law 
                enforcement officials;
            (13) restoring and enhancing Tribal capacity to address 
        violence against women provides for greater local control, 
        safety, accountability, and transparency;
            (14) Indian Tribes with restrictive settlement Acts, such as 
        Indian Tribes in the State of Maine, and Indian Tribes located 
        in States with concurrent authority to prosecute crimes in 
        Indian country under the amendments made by the Act of August 
        15, 1953 (67 Stat. 590, chapter 506), face unique public safety 
        challenges; and
            (15) Native Hawaiians experience a disproportionately high 
        rate of human trafficking, with 64 percent of human trafficking 
        victims in the State of Hawai'i identifying as at least part 
        Native Hawaiian.

    (b) Purposes.--The purposes of this subtitle are--
            (1) to clarify the responsibilities of Federal, State, 
        Tribal, and local law enforcement agencies with respect to 
        responding to cases of domestic violence, dating violence, 
        stalking, sex trafficking, sexual violence, crimes against 
        children, and assault against Tribal law enforcement officers;
            (2) <<NOTE: Coordination.>>  to increase coordination and 
        communication among Federal, State, Tribal, and local law 
        enforcement agencies;
            (3) to empower Tribal governments and Native American 
        communities, including urban Indian communities and Native 
        Hawaiian communities, with the resources and information 
        necessary to effectively respond to cases of domestic violence, 
        dating violence, stalking, sex trafficking, sexual violence, and 
        missing or murdered Native Americans; and
            (4) <<NOTE: Data.>>  to increase the collection of data 
        related to missing or murdered Native Americans and the sharing 
        of information among Federal, State, Tribal, and local officials 
        responsible for responding to and investigating crimes impacting 
        Indian Tribes and Native American communities, including urban 
        Indian communities and Native Hawaiian communities, especially 
        crimes relating to cases of missing or murdered Native 
        Americans.
SEC. 802. TRIBAL ACCESS PROGRAM.

    (a) Access to National Crime Information Databases by Indian 
Tribes.--Section 233(b) of the Tribal Law and Order Act of 2010 (34 
U.S.C. 41107) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--The Attorney General shall ensure that--
                    ``(A) tribal law enforcement officials that meet 
                applicable Federal or State requirements shall be 
                permitted access to national crime information 
                databases; and
                    ``(B) technical assistance and training is provided 
                to Bureau of Indian Affairs and tribal law enforcement 
                agencies to gain access to, and the ability to use and 
                input information into, the National Crime Information 
                Center

[[Page 136 STAT. 898]]

                and other national crime information databases pursuant 
                to section 534 of title 28, United States Code.''; and
            (2) in paragraph (3), by striking ``with criminal 
        jurisdiction over Indian country''.

    (b) Acquisition, Preservation, and Exchange of Identification 
Records and Information.--Section 534(d) of title 28, United States 
Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively, and indenting appropriately;
            (2) in the matter preceding subparagraph (A) (as so 
        redesignated) by striking ``The Attorney General'' and inserting 
        the following:
            ``(1) In general.--The Attorney General''; and
            (3) by adding at the end the following:
            ``(2) Tribal access program.--
                    ``(A) In general.--The Attorney General shall 
                establish a program, to be known as the `Tribal Access 
                Program', to enhance the ability of tribal governments 
                and their authorized agencies to access, enter 
                information into, and obtain information from national 
                criminal information databases under this section.
                    ``(B) <<NOTE: Time period.>>  Authorization of 
                appropriations.--There is authorized to be appropriated 
                to carry out the Tribal Access Program under 
                subparagraph (A) $6,000,000 for each of fiscal years 
                2023 through 2027, to remain available until expended.
            ``(3) <<NOTE: Maine.>>  Information sharing.--To the extent 
        otherwise permitted by law, any report issued as a result of the 
        analysis of information entered into national criminal 
        information databases or obtained from Federal criminal 
        databases shall be shared with each Indian tribe of 
        jurisdiction, including Indian tribes located in the State of 
        Maine.''.

    (c) Identification Records.--The second paragraph of the matter 
under the heading ``salaries and expenses'' under the heading ``Federal 
Bureau of Investigation'' of the Department of Justice Appropriation 
Act, 1973 (34 U.S.C. 41101) is amended--
            (1) by inserting ``or Tribal'' after ``if authorized by 
        State''; and
            (2) by inserting ``, Tribal,'' before ``and local 
        governments''.
SEC. 803. BUREAU OF PRISONS TRIBAL PRISONER PROGRAM.

    Section 234(c) of the Tribal Law and Order Act of 2010 (25 U.S.C. 
1302 note; Public Law 111-211) is amended--
            (1) in the subsection heading, by striking ``Pilot'';
            (2) by striking ``pilot'' each place it appears;
            (3) in paragraph (1), by striking ``Not later than 120 days 
        after the date of enactment of this title'' and inserting ``Not 
        later than 120 days after the date of enactment of the Violence 
        Against Women Act Reauthorization Act of 2022'';
            (4) in paragraph (2)(B), by striking ``2 or more years'' and 
        inserting ``1 or more years''; and
            (5) by striking paragraphs (5) and (6).
SEC. 804. TRIBAL JURISDICTION OVER COVERED CRIMES.

    Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known as 
the ``Indian Civil Rights Act of 1968'') is amended--
            (1) in the section heading, by striking ``crimes of domestic 
        violence'' and inserting ``covered crimes'';

[[Page 136 STAT. 899]]

            (2) by striking ``special domestic violence criminal 
        jurisdiction'' each place it appears and inserting ``special 
        Tribal criminal jurisdiction'';
            (3) in subsection (a)--
                    (A) by redesignating paragraphs (1), (2), (3), (4), 
                (5), (6), and (7) as paragraphs (6), (7), (8), (10), 
                (11), (14), and (15), respectively;
                    (B) <<NOTE: Definitions.>>  by inserting before 
                paragraph (6) (as so redesignated) the following:
            ``(1) Assault of tribal justice personnel.--The term 
        `assault of Tribal justice personnel' means any violation of the 
        criminal law of the Indian tribe that has jurisdiction over the 
        Indian country where the violation occurs that involves the use, 
        attempted use, or threatened use of physical force against an 
        individual authorized to act for, or on behalf of, that Indian 
        tribe or serving that Indian tribe during, or because of, the 
        performance or duties of that individual in--
                    ``(A) preventing, detecting, investigating, making 
                arrests relating to, making apprehensions for, or 
                prosecuting a covered crime;
                    ``(B) adjudicating, participating in the 
                adjudication of, or supporting the adjudication of a 
                covered crime;
                    ``(C) detaining, providing supervision for, or 
                providing services for persons charged with a covered 
                crime; or
                    ``(D) incarcerating, supervising, providing 
                treatment for, providing rehabilitation services for, or 
                providing reentry services for persons convicted of a 
                covered crime.
            ``(2) Child.--The term `child' means a person who has not 
        attained the lesser of--
                    ``(A) the age of 18; and
                    ``(B) except in the case of sexual abuse, the age 
                specified by the criminal law of the Indian tribe that 
                has jurisdiction over the Indian country where the 
                violation occurs.
            ``(3) Child violence.--The term `child violence' means the 
        use, threatened use, or attempted use of violence against a 
        child proscribed by the criminal law of the Indian tribe that 
        has jurisdiction over the Indian country where the violation 
        occurs.
            ``(4) Coercion; commercial sex act.--The terms `coercion' 
        and `commercial sex act' have the meanings given the terms in 
        section 1591(e) of title 18, United States Code.
            ``(5) Covered crime.--The term `covered crime' means--
                    ``(A) assault of Tribal justice personnel;
                    ``(B) child violence;
                    ``(C) dating violence;
                    ``(D) domestic violence;
                    ``(E) obstruction of justice;
                    ``(F) sexual violence;
                    ``(G) sex trafficking;
                    ``(H) stalking; and
                    ``(I) a violation of a protection order.'';
                    (C) in paragraph (6) (as so redesignated), by 
                striking ``violence committed'' and inserting ``any 
                violation of the criminal law of the Indian tribe that 
                has jurisdiction over the Indian country where the 
                violation occurs that is committed'';

[[Page 136 STAT. 900]]

                    (D) by striking paragraph (7) (as so redesignated) 
                and inserting the following:
            ``(7) Domestic violence.--The term `domestic violence' means 
        any violation of the criminal law of the Indian tribe that has 
        jurisdiction over the Indian country where the violation occurs 
        that is committed by--
                    ``(A) a current or former spouse or intimate partner 
                of the victim;
                    ``(B) a person with whom the victim shares a child 
                in common;
                    ``(C) a person who is cohabitating with or who has 
                cohabitated with the victim as a spouse or intimate 
                partner; or
                    ``(D) a person similarly situated to a spouse of the 
                victim under the domestic- or family-violence laws of 
                the Indian tribe that has jurisdiction over the Indian 
                country where the violation occurs.'';
                    (E) by inserting after paragraph (8) (as so 
                redesignated) the following:
            ``(9) Obstruction of justice.--The term `obstruction of 
        justice' means any violation of the criminal law of the Indian 
        tribe that has jurisdiction over the Indian country where the 
        violation occurs that involves interfering with the 
        administration or due process of the laws of the Indian tribe, 
        including any Tribal criminal proceeding or investigation of a 
        crime.'';
                    (F) by inserting after paragraph (11) (as so 
                redesignated) the following:
            ``(12) Sex trafficking.--The term `sex trafficking' means 
        conduct within the meaning of section 1591(a) of title 18, 
        United States Code.
            ``(13) Sexual violence.--The term `sexual violence' means 
        any nonconsensual sexual act or contact proscribed by the 
        criminal law of the Indian tribe that has jurisdiction over the 
        Indian country where the violation occurs, including in any case 
        in which the victim lacks the capacity to consent to the act.'';
                    (G) in paragraph (14) (as so redesignated), in the 
                paragraph heading, by striking ``Special domestic 
                violence criminal jurisdiction'' and inserting ``Special 
                tribal criminal jurisdiction''; and
                    (H) by adding at the end the following:
            ``(16) Stalking.--The term `stalking' means engaging in a 
        course of conduct directed at a specific person proscribed by 
        the criminal law of the Indian tribe that has jurisdiction over 
        the Indian country where the violation occurs that would cause a 
        reasonable person--
                    ``(A) to fear for the person's safety or the safety 
                of others; or
                    ``(B) to suffer substantial emotional distress.
            ``(17) Violation of a protection order.--The term `violation 
        of a protection order' means an act that--
                    ``(A) occurs in the Indian country of a 
                participating tribe; and
                    ``(B) violates a provision of a protection order 
                that--
                          ``(i) prohibits or provides protection against 
                      violent or threatening acts or harassment against, 
                      sexual

[[Page 136 STAT. 901]]

                      violence against, contact or communication with, 
                      or physical proximity to, another person;
                          ``(ii) was issued against the defendant;
                          ``(iii) is enforceable by the participating 
                      tribe; and
                          ``(iv) is consistent with section 2265(b) of 
                      title 18, United States Code.'';
            (4) in subsection (b)(1), by inserting after ``the powers of 
        self-government of a participating tribe'' the following: ``, 
        including any participating tribes in the State of Maine,'';
            (5) in subsection (b)(4)--
                    (A) in the paragraph heading, by striking 
                ``Exceptions'' and inserting ``Exception if victim and 
                defendant are both non-indians'';
                    (B) in subparagraph (A)(i), by inserting ``, other 
                than obstruction of justice or assault of Tribal justice 
                personnel,'' after ``over an alleged offense'';
                    (C) by striking subparagraph (B);
                    (D) in subparagraph (A)--
                          (i) by striking the subparagraph designation 
                      and heading and all that follows through ``A 
                      participating'' in clause (i) and inserting the 
                      following:
                    ``(A) In general.--A participating''; and
                          (ii) by redesignating clause (ii) as 
                      subparagraph (B) and indenting appropriately; and
                    (E) in subparagraph (B) (as so redesignated), by 
                striking ``subparagraph'' and inserting ``paragraph'';
            (6) by striking subsection (c) and inserting the following:

    ``(c) Criminal Conduct.--A participating tribe may exercise special 
Tribal criminal jurisdiction over a defendant for a covered crime that 
occurs in the Indian country of the participating tribe.'';
            (7) in subsection (e), by striking paragraph (3); and
            (8) by striking subsections (f), (g), and (h) and inserting 
        the following:

    ``(f) Petitions for Writs of Habeas Corpus.--
            ``(1) In general.--After a defendant has been sentenced by a 
        participating tribe, the defendant may file a petition for a 
        writ of habeas corpus in a court of the United States under 
        section 203.
            ``(2) Requirement.--An application for a writ of habeas 
        corpus on behalf of a person in custody pursuant to an order of 
        a Tribal court shall not be granted unless --
                    ``(A) the applicant has exhausted the remedies 
                available in the Tribal court system;
                    ``(B) there is an absence of an available Tribal 
                corrective process; or
                    ``(C) circumstances exist that render the Tribal 
                corrective process ineffective to protect the rights of 
                the applicant.

    ``(g) Notice; Habeas Corpus Petitions.--A participating tribe that 
has ordered the detention of any person has a duty to timely notify in 
writing such person of their rights and privileges under this section 
and under section 203.
    ``(h) Reimbursement and Grants to Tribal Governments.--
            ``(1) Reimbursement.--
                    ``(A) In general.--The Attorney General may 
                reimburse Tribal government authorities (or an 
                authorized designee of a Tribal government) for expenses 
                incurred in exercising special Tribal criminal 
                jurisdiction.

[[Page 136 STAT. 902]]

                    ``(B) Eligible expenses.--Eligible expenses for 
                reimbursement under subparagraph (A) shall include 
                expenses and costs incurred in, relating to, or 
                associated with--
                          ``(i) investigating, making arrests relating 
                      to, making apprehensions for, or prosecuting 
                      covered crimes (including costs involving the 
                      purchasing, collecting, and processing of sexual 
                      assault forensic materials);
                          ``(ii) detaining, providing supervision of, or 
                      providing services for persons charged with 
                      covered crimes (including costs associated with 
                      providing health care);
                          ``(iii) providing indigent defense services 
                      for 1 or more persons charged with 1 or more 
                      covered crimes; and
                          ``(iv) incarcerating, supervising, or 
                      providing treatment, rehabilitation, or reentry 
                      services for 1 or more persons charged with 1 or 
                      more covered crimes.
                    ``(C) Procedure.--
                          ``(i) In general.--Reimbursements authorized 
                      under subparagraph (A) shall be in accordance with 
                      rules promulgated by the Attorney General, after 
                      consultation with Indian tribes, and within 1 year 
                      after the date of enactment of the Violence 
                      Against Women Act Reauthorization Act of 2022.
                          ``(ii) Maximum reimbursement.--The rules 
                      promulgated by the Attorney General under clause 
                      (i)--
                                    ``(I) <<NOTE: Time period.>>  shall 
                                set a maximum allowable reimbursement to 
                                any Tribal government (or an authorized 
                                designee of any Tribal government) in a 
                                1-year period; and
                                    ``(II) may allow the Attorney 
                                General--
                                            ``(aa) to establish 
                                        conditions under which a Tribal 
                                        government (or an authorized 
                                        designee of a Tribal government) 
                                        may seek a waiver to the maximum 
                                        allowable reimbursement 
                                        requirement established under 
                                        subclause (I); and
                                            ``(bb) <<NOTE: Waiver 
                                        authority.>>  to waive the 
                                        maximum allowable reimbursement 
                                        requirements established under 
                                        subclause (I) for a Tribal 
                                        government (or an authorized 
                                        designee of a Tribal government) 
                                        if the conditions established by 
                                        the Attorney General under item 
                                        (aa) are met by that Tribal 
                                        government (or authorized 
                                        designee).
                          ``(iii) <<NOTE: Deadlines. Notification.>>  
                      Timeliness of reimbursements.--To the maximum 
                      extent practicable, the Attorney General shall--
                                    ``(I) not later than 90 days after 
                                the date on which the Attorney General 
                                receives a qualifying reimbursement 
                                request from a Tribal government (or an 
                                authorized designee of a Tribal 
                                government)--
                                            ``(aa) reimburse the Tribal 
                                        government (or authorized 
                                        designee); or

[[Page 136 STAT. 903]]

                                            ``(bb) notify the Tribal 
                                        government (or authorized 
                                        designee) of the reason by which 
                                        the Attorney General was unable 
                                        to issue the reimbursement; and
                                    ``(II) not later than 30 days after 
                                the date on which a Tribal government 
                                (or an authorized designee of a Tribal 
                                government) reaches the annual maximum 
                                allowable reimbursement for the Tribal 
                                government (or an authorized designee) 
                                established by the Attorney General 
                                under clause (ii)(I), notify the Tribal 
                                government (or authorized designee) that 
                                the Tribal government has reached its 
                                annual maximum allowable reimbursement.
                    ``(D) Eligibility for participating tribes in 
                alaska.--A Tribal government (or an authorized designee 
                of a Tribal Government) of an Indian tribe designated as 
                a participating Tribe under subtitle B of title VIII of 
                the Violence Against Women Act Reauthorization Act of 
                2022 shall be eligible for reimbursement, in accordance 
                with this paragraph, of expenses incurred in exercising 
                special Tribal criminal jurisdiction under that 
                subtitle.
            ``(2) Grants.--The Attorney General may award grants to 
        Tribal governments (or authorized designees of Tribal 
        governments), including a Tribal government (or an authorized 
        designee of a Tribal government) of an Indian tribe designated 
        as a participating Tribe under subtitle B of title VIII of the 
        Violence Against Women Act Reauthorization Act of 2022--
                    ``(A) to strengthen Tribal criminal justice systems 
                to assist Indian tribes in exercising special Tribal 
                criminal jurisdiction, including for--
                          ``(i) law enforcement (including the capacity 
                      of law enforcement, court personnel, or other non-
                      law enforcement entities that have no Federal or 
                      State arrest authority agencies but have been 
                      designated by an Indian tribe as responsible for 
                      maintaining public safety within the territorial 
                      jurisdiction of the Indian tribe, to enter 
                      information into and obtain information from 
                      national crime information databases);
                          ``(ii) prosecution;
                          ``(iii) trial and appellate courts (including 
                      facilities maintenance, renovation, and 
                      rehabilitation);
                          ``(iv) supervision systems;
                          ``(v) detention and corrections (including 
                      facilities maintenance, renovation, and 
                      rehabilitation);
                          ``(vi) treatment, rehabilitation, and reentry 
                      programs and services;
                          ``(vii) culturally appropriate services and 
                      assistance for victims and their families; and
                          ``(viii) criminal codes and rules of criminal 
                      procedure, appellate procedure, and evidence;
                    ``(B) to provide indigent criminal defendants with 
                licensed defense counsel, at no cost to the defendant, 
                in criminal proceedings in which a participating tribe 
                prosecutes covered crimes;

[[Page 136 STAT. 904]]

                    ``(C) to ensure that, in criminal proceedings in 
                which a participating tribe exercises special Tribal 
                criminal jurisdiction, jurors are summoned, selected, 
                and instructed in a manner consistent with all 
                applicable requirements; and
                    ``(D) to accord victims of covered crimes rights 
                that are similar to the rights of a crime victim 
                described in section 3771(a) of title 18, United States 
                Code, consistent with Tribal law and custom.

    ``(i) Supplement, Not Supplant.--Amounts made available under this 
section shall supplement and not supplant any other Federal, State, or 
local government amounts made available to carry out activities 
described in this section.
    ``(j) Authorization of Appropriations.--
            ``(1) <<NOTE: Time period.>>  In general.--There is 
        authorized to be appropriated $25,000,000 for each of fiscal 
        years 2023 through 2027--
                    ``(A) to carry out subsection (h); and
                    ``(B) to provide training, technical assistance, 
                data collection, and evaluation of the criminal justice 
                systems of participating tribes.
            ``(2) Limitations.--Of the total amount made available under 
        paragraph (1) for each fiscal year, not more than 40 percent 
        shall be used for reimbursements under subsection (h)(1).''.

           Subtitle B--Alaska Tribal Public Safety Empowerment

SEC. 811. <<NOTE: 25 USC 1305 note.>>  FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) according to the report of the Indian Law and Order 
        Commission established by section 15 of the Indian Law 
        Enforcement Reform Act (25 U.S.C. 2812), Alaska Native women--
                    (A) are overrepresented in the domestic violence 
                victim population by 250 percent;
                    (B) in the State of Alaska, comprise--
                          (i) 19 percent of the population of the State; 
                      but
                          (ii) 47 percent of reported rape victims in 
                      the State; and
                    (C) as compared to the populations of other Indian 
                Tribes, suffer the highest rates of domestic and sexual 
                violence;
            (2) most Alaska Native villages are located in remote areas 
        that--
                    (A) are often inaccessible by road; and
                    (B) have no local law enforcement presence;
            (3) the Commission referred to in paragraph (1)--
                    (A) determined that the Alaska Department of Public 
                Safety--
                          (i) has primary responsibility for law 
                      enforcement in rural Alaska; but
                          (ii) provides only 1 to 1.4 field officers per 
                      1,000,000 acres; and
                    (B) recommended that ``devolving authority to Alaska 
                Native communities is essential for addressing local 
                crime. Their governments are best positioned to 
                effectively arrest,

[[Page 136 STAT. 905]]

                prosecute, and punish, and they should have the 
                authority to do so-or to work out voluntary agreements 
                with each other, and with local governments and the 
                State on mutually beneficial terms''; and
            (4) the unique legal relationship of the United States to 
        Indian Tribes creates a Federal trust responsibility to assist 
        Tribal governments in safeguarding the lives of Indian women.

    (b) Purposes.--The purposes of this subtitle are--
            (1) <<NOTE: Coordination.>>  to increase coordination and 
        communication among Federal, State, Tribal, and local law 
        enforcement agencies; and
            (2) to empower Indian Tribes to effectively respond to cases 
        of domestic violence, dating violence, stalking, sex 
        trafficking, sexual violence, and missing or murdered Alaska 
        Natives through the exercise of special Tribal criminal 
        jurisdiction.
SEC. 812. <<NOTE: 25 USC 1305 note.>>  DEFINITIONS.

    In this subtitle:
            (1) Assault of tribal justice personnel; covered crime; 
        obstruction of justice; protection order; violation of a 
        protection order.--
                    (A) In general.--The terms ``assault of Tribal 
                justice personnel'', ``covered crime'', ``obstruction of 
                justice'', ``protection order'', and ``violation of a 
                protection order'' have the meanings given the terms in 
                section 204(a) of Public Law 90-284 (25 U.S.C. 1304(a)) 
                (commonly known as the ``Indian Civil Rights Act of 
                1968'').
                    (B) Application.--For purposes of the application of 
                the definitions of ``assault of Tribal justice 
                personnel'', ``obstruction of justice'', and ``violation 
                of a protection order'', and for purposes of the 
                application of the defined terms contained in the 
                definition of ``covered crime'', under section 204(a) of 
                Public Law 90-284 (25 U.S.C. 1304(a)) (commonly known as 
                the ``Indian Civil Rights Act of 1968'') to the pilot 
                program, the Attorney General shall modify any reference 
                to ``Indian country'' to mean the Village of a 
                participating Tribe.
            (2) Indian; indian court; indian tribe; powers of self-
        government.--The terms ``Indian'', ``Indian court'', ``Indian 
        tribe'', and ``powers of self-government'' have the meanings 
        given the terms in section 201 of Public Law 90-284 (25 U.S.C. 
        1301) (commonly known as the ``Indian Civil Rights Act of 
        1968'').
            (3) Participating tribe.-- The term ``participating Tribe'' 
        means an Indian tribe that is designated under section 813(d)(1) 
        as a participating Tribe to exercise special Tribal criminal 
        jurisdiction.
            (4) Pilot program.--The term ``pilot program'' means the 
        pilot program established by section 813(d)(1).
            (5) Special tribal criminal jurisdiction.--The term 
        ``special Tribal criminal jurisdiction'' means the criminal 
        jurisdiction that a participating Tribe may exercise under this 
        subtitle but could not otherwise exercise.
            (6) State.--The term ``State'' means the State of Alaska.
            (7) Village.--The term ``Village'' means the Alaska Native 
        Village Statistical Area covering all or any portion of a Native 
        village (as defined in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602)), as depicted on the applicable

[[Page 136 STAT. 906]]

        Tribal Statistical Area Program Verification map of the Bureau 
        of the Census.
SEC. 813. <<NOTE: 25 USC 1305.>>  TRIBAL JURISDICTION IN ALASKA.

    (a) In General.--Subject to title II of Public Law 90-284 (25 U.S.C. 
1301 et seq.) (commonly known as the ``Indian Civil Rights Act of 
1968''), Congress recognizes and affirms the inherent authority of any 
Indian tribe occupying a Village in the State to exercise criminal and 
civil jurisdiction over all Indians present in the Village.
    (b) Tribal Civil Jurisdiction to Enforce Protection Orders.--
            (1) In general.--A court of any Indian tribe in the State 
        shall have full civil jurisdiction to issue and enforce 
        protection orders involving any person in matters--
                    (A) arising within the Village of the Indian tribe; 
                or
                    (B) otherwise within the authority of the Indian 
                tribe.
            (2) Inclusions.--The full civil jurisdiction to issue and 
        enforce protection orders under paragraph (1) includes the 
        authority to enforce protection orders through--
                    (A) civil contempt proceedings;
                    (B) exclusion of violators from the Village of the 
                Indian tribe; and
                    (C) other appropriate mechanisms.

    (c) Special Tribal Criminal Jurisdiction.--
            (1) In general.--Notwithstanding any other provision of law, 
        in addition to all powers of self-government recognized and 
        affirmed under subsection (a), the powers of self-government of 
        a participating Tribe include the inherent power of the 
        participating Tribe, which is hereby recognized and affirmed, to 
        exercise special Tribal criminal jurisdiction over a defendant 
        for a covered crime that occurs in the Village of the 
        participating Tribe.
            (2) Concurrent jurisdiction.--The exercise of special Tribal 
        criminal jurisdiction by a participating Tribe shall be 
        concurrent with the jurisdiction of the United States, the 
        State, or both.
            (3) Exception if victim and defendant are both non-
        indians.--
                    (A) In general.--A participating Tribe may not 
                exercise special Tribal criminal jurisdiction over an 
                alleged offense of a covered crime, other than 
                obstruction of justice or assault of Tribal justice 
                personnel, if neither the defendant nor the alleged 
                victim is an Indian.
                    (B) Definition of victim.--In this paragraph and 
                with respect to a criminal proceeding in which a 
                participating Tribe exercises special Tribal criminal 
                jurisdiction based on a violation of a protection order, 
                the term ``victim'' means a person specifically 
                protected by the protection order that the defendant 
                allegedly violated.

    (d) Pilot Program for Special Tribal Criminal Jurisdiction Over 
Persons Who Are Not Indians.--
            (1) Establishment.--Subject to title II of Public Law 90-284 
        (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil 
        Rights Act of 1968''), there is established a pilot program 
        under which the Attorney General, subject to paragraph (5), 
        shall designate not more than 5 Indian tribes per calendar

[[Page 136 STAT. 907]]

        year as participating Tribes to exercise the special Tribal 
        criminal jurisdiction described in paragraph (6) over all 
        persons present in the Village of the Indian tribe.
            (2) <<NOTE: Time period. Effective date.>>  Procedure.--At 
        any time during the 1-year period beginning on the date of 
        enactment of this Act, and annually thereafter, an Indian tribe 
        may request the Attorney General to designate the Indian tribe 
        as a participating Tribe under paragraph (1).
            (3) Designation of participating tribes.--
                    (A) <<NOTE: Consultation. Requirements.>>  In 
                general.--The Attorney General, in consultation with the 
                Secretary of the Interior and affected Indian tribes, 
                shall establish a process to designate Indian tribes to 
                participate in the pilot program, which process shall--
                          (i) require that preference shall be given to 
                      Indian tribes occupying Villages--
                                    (I) the populations of which are 
                                predominantly Indian; and
                                    (II) that lack a permanent State law 
                                enforcement physical presence;
                          (ii) <<NOTE: Determination.>>  require that 
                      for each Indian tribe requesting to be designated 
                      as a participating Tribe, the Attorney General 
                      makes a determination that the criminal justice 
                      system of the Indian tribe has adequate safeguards 
                      in place to protect defendants' rights, consistent 
                      with section 204(d) of Public Law 90-284 (25 
                      U.S.C. 1304(d)) (commonly known as the ``Indian 
                      Civil Rights Act of 1968''); and
                          (iii) be subject to such other criteria as the 
                      Attorney General considers to be appropriate to 
                      achieve the purposes of this subtitle.
                    (B) Designation.--The Attorney General shall 
                designate Indian tribes to participate in the pilot 
                program under paragraph (1) using the process 
                established under subparagraph (A).
            (4) Intertribal participation.--
                    (A) In general.--2 or more participating Tribes (or 
                the Tribal organization (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304)) of the participating Tribe, if the 
                Tribal organization is exercising delegated authority 
                from the participating Tribe)--
                          (i) may elect to participate jointly in the 
                      pilot program by providing shared resources to 
                      carry out the purposes of the pilot program; and
                          (ii) on making an election pursuant to clause 
                      (i), shall be considered to be a single 
                      participating Tribe for purposes of the maximum 
                      number of participating Tribes under paragraphs 
                      (1) and (5).
                    (B) Additional participating tribes.--
                          (i) In general.--Additional participating 
                      Tribes may elect to join an established 
                      intertribal partnership under subparagraph (A) at 
                      any time after the intertribal partnership is 
                      established.
                          (ii) Application.--An intertribal partnership 
                      that additional participating Tribes elect to join 
                      pursuant

[[Page 136 STAT. 908]]

                      to clause (i) shall be considered to be a single 
                      participating Tribe for purposes of the maximum 
                      number of participating Tribes under paragraphs 
                      (1) and (5).
            (5) Maximum number of participating tribes.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Attorney General may designate not more than 30 
                Indian tribes to participate in the pilot program.
                    (B) <<NOTE: Federal Register, 
                publication. Notice. Deadline.>>  Exception.--The 
                limitation under subparagraph (A) shall not apply if the 
                Attorney General submits to the Committee on Indian 
                Affairs of the Senate and the Committee on Natural 
                Resources of the House of Representatives, and publishes 
                in the Federal Register, a written notice of the 
                intention to designate additional Indian tribes as 
                participating Tribes, including the rationale for the 
                designation, by not later than the date that is 180 days 
                before the date of designation.
            (6) Description of jurisdiction.--Congress recognizes and 
        affirms that an Indian tribe selected to participate in the 
        pilot program as a participating Tribe may exercise, subject to 
        paragraph (7), special Tribal criminal jurisdiction with respect 
        to covered crimes.
            (7) Rights of defendants.--In exercising special Tribal 
        criminal jurisdiction under the pilot program, a participating 
        Tribe shall provide to each defendant all rights described in 
        section 204(d) of Public Law 90-284 (25 U.S.C. 1304(d)) 
        (commonly known as the ``Indian Civil Rights Act of 1968'').

    (e) Sentences.--In a criminal proceeding in which an Indian court of 
a participating Tribe, in exercising special Tribal criminal 
jurisdiction with respect to a covered crime, imposes a sentence of 
imprisonment of more than 1 year on a defendant pursuant to section 
202(b) of Public Law 90-284 (25 U.S.C. 1302(b)) (commonly known as the 
``Indian Civil Rights Act of 1968''), the Indian court may require the 
defendant--
            (1) to serve a sentence--
                    (A) in a Tribal correctional center that has been 
                approved by the Bureau of Indian Affairs for long-term 
                incarceration, in accordance with guidelines set by the 
                Bureau of Indian Affairs;
                    (B) at the expense of the United States, in the 
                nearest appropriate Federal facility pursuant to the 
                Bureau of Prisons Tribal Prisoner Program established 
                under section 234(c)(1) of the Tribal Law and Order Act 
                of 2010 (25 U.S.C. 1302 note; Public Law 111-211); or
                    (C) at the expense of the participating Tribe and, 
                subject to section 204(f)(1) of Public Law 90-284 (25 
                U.S.C. 1304(f)(1)) (commonly known as the ``Indian Civil 
                Rights Act of 1968''), reimbursable by the Attorney 
                General, in a detention or correctional center approved 
                by the State or a local government of the State pursuant 
                to a memorandum of agreement between the participating 
                Tribe and the State or local government of the State; or
            (2) to serve another alternative form of punishment, as 
        determined by the Indian court pursuant to Tribal law.

    (f) Memoranda of Agreement.--The Attorney General and the Secretary 
of the Interior may enter into such memoranda of agreement with 
participating Tribes and the State as are necessary and appropriate--

[[Page 136 STAT. 909]]

            (1) to coordinate respective law enforcement activities;
            (2) to share equipment and other resources;
            (3) to establish cross-deputization arrangements;
            (4) to coordinate appropriate training activities; and
            (5) to address any other matters that will facilitate the 
        successful implementation of the pilot program, including 
        intergovernmental agreements regarding--
                    (A) the incarceration of convicted persons; and
                    (B) cooperation in the investigation and prosecution 
                of crimes.

    (g) Alaska Tribal Public Safety Advisory Committee.--
            (1) <<NOTE: Deadline. Consultation.>>  Establishment.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Attorney General, in consultation with the Secretary of the 
        Interior, affected Indian tribes, and the State, shall establish 
        a committee, to be known as the ``Alaska Tribal Public Safety 
        Advisory Committee'' (referred to in this subsection as the 
        ``Committee'').
            (2) Membership.--The Committee shall consist of 1 or more 
        representatives from--
                    (A) participating Tribes and Indian tribes aspiring 
                to participate in the pilot program;
                    (B) Federal, Tribal, State, and local law 
                enforcement; and
                    (C) Tribal nonprofit organizations providing victim 
                services.
            (3) Duties.--The Committee shall focus on--
                    (A) improving the justice systems, crime prevention, 
                and victim services of Indian tribes and the State; and
                    (B) increasing coordination and communication among 
                Federal, Tribal, State, and local law enforcement 
                agencies.
            (4) Travel expenses.--A member of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies under 
        subchapter I of chapter 57 of title 5, United States Code, while 
        away from their homes or regular places of business in the 
        performance of services for the Committee.
            (5) Nonapplicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Committee.
            (6) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There are authorized to be appropriated to 
        carry out this subsection such sums as may be necessary for the 
        period of fiscal years 2023 through 2027, to remain available 
        until expended.

    (h) <<NOTE: Consultation.>>  Report to Congress.--Not later than 5 
years after the date of enactment of this Act, the Attorney General, in 
consultation with the Secretary of the Interior and affected Indian 
tribes, shall submit to Congress a report describing the results of the 
pilot program, including an explanation of any modifications to law 
necessary to facilitate improved law enforcement in Villages.

    (i) Applicability.--Nothing in this subtitle--
            (1) limits, alters, expands, or diminishes the civil or 
        criminal jurisdiction of the United States, the State, any 
        subdivision of the State, or any Indian tribe in the State;
            (2) creates or eliminates any Federal or State criminal 
        jurisdiction over a Village; or

[[Page 136 STAT. 910]]

            (3) affects the authority of the United States or any 
        authority delegated by the United States to the State to 
        investigate and prosecute a criminal violation in a Village.

               TITLE IX--OFFICE ON VIOLENCE AGAINST WOMEN

SEC. 901. ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.

    (a) Establishment of Office on Violence Against Women.--Section 2002 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10442) is amended--
            (1) in the section heading, by striking ``violence against 
        women office'' and inserting ``office on violence against 
        women'';
            (2) in subsection (a), by striking ``a Violence Against 
        Women Office'' and inserting ``an Office on Violence Against 
        Women'';
            (3) in subsection (b), by inserting ``, not subsumed by any 
        other office'' after ``within the Department of Justice''; and
            (4) in subsection (c)(2), by striking ``authorized or 
        undertaken under the'' and all that follows and inserting 
        ``authorized or undertaken under--
                    ``(A) the Violence Against Women Act of 1994 (title 
                IV of Public Law 103-322);
                    ``(B) the Violence Against Women Act of 2000 
                (division B of Public Law 106-386);
                    ``(C) the Violence Against Women and Department of 
                Justice Reauthorization Act of 2005 (Public Law 109-162; 
                119 Stat. 2960);
                    ``(D) the Violence Against Women Reauthorization Act 
                of 2013 (Public Law 113-4; 127 Stat. 54); and
                    ``(E) the Violence Against Women Act Reauthorization 
                Act of 2022.''.

    (b) Director of the Office on Violence Against Women.--Section 2003 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10443) is amended--
            (1) in the section heading, by striking ``violence against 
        women office'' and inserting ``office on violence against 
        women'';
            (2) in subsection (a)--
                    (A) by striking ``the Violence Against Women 
                Office'' and inserting ``the Office on Violence Against 
                Women''; and
                    (B) by striking ``in this title referred to'' and 
                inserting ``in this part referred to'';
            (3) in subsection (b)(2)--
                    (A) by striking ``or the Violence'' and inserting 
                ``, the Violence''; and
                    (B) by striking the period at the end and inserting 
                ``, the Violence Against Women and Department of Justice 
                Reauthorization Act of 2005 (Public Law 109-162; 119 
                Stat. 2960), the Violence Against Women Reauthorization 
                Act of 2013 (Public Law 113-4; 127 Stat. 54), or the 
                Violence Against Women Act Reauthorization Act of 
                2022.''.

    (c) Duties and Functions of Director of the Office on Violence 
Against Women.--Section 2004 of title I of the Omnibus

[[Page 136 STAT. 911]]

Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10444) is 
amended--
            (1) in the section heading, by striking ``violence against 
        women office'' and inserting ``office on violence against 
        women'';
            (2) in paragraph (5), in the matter preceding subparagraph 
        (A)--
                    (A) by striking ``and the Violence'' and inserting 
                ``, the Violence''; and
                    (B) by striking ``, including with'' and inserting 
                ``, the Violence Against Women and Department of Justice 
                Reauthorization Act of 2005 (Public Law 109-162; 119 
                Stat. 2960), the Violence Against Women Reauthorization 
                Act of 2013 (Public Law 113-4; 127 Stat. 54), and the 
                Violence Against Women Act Reauthorization Act of 2022, 
                including with''; and
            (3) in paragraph (6)(B), by inserting ``synchronize Federal 
        definitions and protocols,'' before ``and improve 
        coordination''.

    (d) Staff of Office on Violence Against Women.--Section 2005 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10445) is amended in the section heading, by striking ``violence 
against women office'' and inserting ``office on violence against 
women''.
    (e) Conforming Amendment.--Section 121(a)(1) of the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 
20124(a)(1)) is amended by striking ``the Violence Against Women 
Office'' and inserting ``the Office on Violence Against Women''.
SEC. 902. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC 
                        COMMUNITIES OF THE OFFICE ON VIOLENCE 
                        AGAINST WOMEN.

    Part T of the Omnibus Crime Control and Safe Streets Act (34 U.S.C. 
10441 et seq.), as amended by section 101, is further amended by adding 
at the end the following:
``SEC. 2018. <<NOTE: 34 USC 10455.>>  SENIOR POLICY ADVISOR FOR 
                          CULTURALLY SPECIFIC COMMUNITIES.

    ``(a) Establishment.--There is established in the Office on Violence 
Against Women a Senior Policy Advisor for Culturally Specific 
Communities.
    ``(b) Duties.--The Senior Policy Advisor for Culturally Specific 
Communities, under the guidance and authority of the Director, shall--
            ``(1) advise on the administration of grants related to 
        culturally specific services and contracts with culturally 
        specific organizations;
            ``(2) coordinate development of Federal policy, protocols, 
        and guidelines on matters relating to domestic violence, dating 
        violence, sexual assault, and stalking in culturally specific 
        communities;
            ``(3) advise the Director on policies, legislation, 
        implementation of laws, and other issues relating to domestic 
        violence, dating violence, sexual assault, and stalking in 
        culturally specific communities;
            ``(4) provide technical assistance, coordination, and 
        support to other offices and bureaus in the Department of 
        Justice to develop policy and to enforce Federal laws relating 
        to

[[Page 136 STAT. 912]]

        domestic violence, dating violence, sexual assault, and stalking 
        in culturally specific communities;
            ``(5) ensure that appropriate technical assistance, 
        developed and provided by entities with expertise in culturally 
        specific communities, is made available to grantees and 
        potential grantees proposing to serve culturally specific 
        communities;
            ``(6) ensure access to grants and technical assistance for 
        culturally specific organizations; and
            ``(7) analyze the distribution of grant funding in order to 
        identify barriers for culturally specific organizations.

    ``(c) <<NOTE: Deadline.>>  Qualifications.--Not later than 120 days 
after the date of enactment of this section, the Director shall hire for 
the position established under subsection (a) an individual with 
personal, lived, and work experience from a culturally specific 
community, and a demonstrated history and expertise addressing domestic 
violence or sexual assault in a nongovernmental agency.''.

       TITLE X--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY

SEC. 1001. <<NOTE: Ramona Brant Improvement of Conditions for 
                          Women in Federal Custody Act. 18 USC 1 
                          note.>>  IMPROVING THE TREATMENT OF 
                          PRIMARY CARETAKER PARENTS AND OTHER 
                          INDIVIDUALS IN FEDERAL PRISONS.

    (a) Short Title.--This section may be cited as the ``Ramona Brant 
Improvement of Conditions for Women in Federal Custody Act''.
    (b) Amendment.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4051. <<NOTE: 18 USC 4051.>>  Treatment of primary 
                  caretaker parents and other individuals

    ``(a) Definitions.--In this section--
            ``(1) the term `correctional officer' means a correctional 
        officer of the Bureau of Prisons;
            ``(2) the term `covered institution' means a Federal penal 
        or correctional institution;
            ``(3) the term `Director' means the Director of the Bureau 
        of Prisons;
            ``(4) the term `post-partum recovery' means the first 12-
        week period of post-partum recovery after giving birth;
            ``(5) the term `primary caretaker parent' has the meaning 
        given the term in section 31903 of the Family Unity 
        Demonstration Project Act (34 U.S.C. 12242);
            ``(6) the term `prisoner' means an individual who is 
        incarcerated in a Federal penal or correctional institution, 
        including a vulnerable person; and
            ``(7) the term `vulnerable person' means an individual who--
                    ``(A) is under 21 years of age or over 60 years of 
                age;
                    ``(B) is pregnant;
                    ``(C) is victim or witness of a crime;
                    ``(D) has filed a nonfrivolous civil rights claim in 
                Federal or State court; or
                    ``(E) during the period of incarceration, has been 
                determined to have experienced or to be experiencing 
                severe trauma or to be the victim of gender-based 
                violence--

[[Page 136 STAT. 913]]

                          ``(i) by any court or administrative judicial 
                      proceeding;
                          ``(ii) by any corrections official;
                          ``(iii) by the individual's attorney or legal 
                      service provider; or
                          ``(iv) by the individual.

    ``(b) Geographic Placement.--
            ``(1) Establishment of office.--The Director shall establish 
        within the Bureau of Prisons an office that determines the 
        placement of prisoners.
            ``(2) Placement of prisoners.--In determining the placement 
        of a prisoner, the office established under paragraph (1) 
        shall--
                    ``(A) if the prisoner has children, consider placing 
                the prisoner as close to the children as possible; and
                    ``(B) consider any other factor that the office 
                determines to be appropriate.

    ``(c) Prohibition on Placement of Pregnant Prisoners or Prisoners in 
Post-partum Recovery in Segregated Housing Units.--
            ``(1) Placement in segregated housing units.--A covered 
        institution may not place a prisoner who is pregnant or in post-
        partum recovery in a segregated housing unit unless the prisoner 
        presents an immediate risk of harm to the prisoner or others.
            ``(2) Restrictions.--Any placement of a prisoner described 
        in paragraph (1) in a segregated housing unit shall be limited 
        and temporary.

    ``(d) Intake and Assessments.--The Director shall assess the need 
for family-focused programming at intake, such as questions about 
children, gauge interest in parenting resources, and concerns about 
their child or caregiving, and administer ongoing assessment to better 
inform, identify, and make recommendations about the mother's parental 
role and familial needs.
    ``(e) Parenting Classes.--The Director shall provide voluntary 
parenting classes to each prisoner who is a primary caretaker parent, 
and such classes shall be made available to prisoners with limited 
English proficiency in compliance with title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d et seq.).
    ``(f) Trauma Screening.--The Director shall provide training, 
including cultural competency training, to each correctional officer and 
each employee of the Bureau of Prisons who regularly interacts with 
prisoners, including each instructor and health care professional, to 
enable those correctional officers and employees to--
            ``(1) identify a prisoner who may have a mental or physical 
        health need relating to trauma the prisoner has experienced; and
            ``(2) refer a prisoner described in paragraph (1) to the 
        proper health care professional for diagnosis and treatment.

    ``(g) Family Needs Training.--The Director shall provide training to 
correctional officers and employees of the Bureau of Prisons who engage 
with prisoners' families on--
            ``(1) how to interact with children in an age-appropriate 
        manner, and the children's caregivers;
            ``(2) basic childhood and adolescent development 
        information; and
            ``(3) basic customer service skills.

[[Page 136 STAT. 914]]

    ``(h) Inmate Health.--
            ``(1) Health care access.--The Director shall ensure that 
        all prisoners receive adequate health care.
            ``(2) Hygienic products.--The Director shall make essential 
        hygienic products, including shampoo, toothpaste, toothbrushes, 
        and any other hygienic product that the Director determines 
        appropriate, available without charge to 
        prisoners. <<NOTE: Regulations.>>  The Director shall make 
        rules--
                    ``(A) on the distribution and accessibility of 
                sanitary products to prisoners, to ensure each prisoner 
                who requires these products receives a quantity the 
                prisoner deems sufficient; and
                    ``(B) providing that no visitor is prohibited from 
                visiting a prisoner due to the visitor's use of sanitary 
                products.
            ``(3) Gynecologist access.--The Director shall ensure that 
        all prisoners have access to a gynecologist as appropriate.
            ``(4) Relation to other laws.--Nothing in paragraph (1) 
        shall be construed to affect the requirements under the Prison 
        Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).''.

    (c) Substance Abuse Treatment.--Section 3621(e) of title 18, United 
States Code, is amended by adding at the end the following:
            ``(7) Eligibility of primary caretaker parents and pregnant 
        women.--The Director of the Bureau of Prisons may not prohibit 
        an eligible prisoner who is a primary caretaker parent (as 
        defined in section 4051) or pregnant from participating in a 
        program of residential substance abuse treatment provided under 
        paragraph (1) on the basis of a failure by the eligible 
        prisoner, before being committed to the custody of the Bureau of 
        Prisons, to disclose to any official of the Bureau of Prisons 
        that the prisoner had a substance abuse problem on or before the 
        date on which the eligible prisoner was committed to the custody 
        of the Bureau of Prisons.''.

    (d) <<NOTE: 18 USC 3621 note. Deadline.>>  Implementation Date.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Director of the Bureau of Prisons 
        shall implement this section and the amendments made by this 
        section.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Director of the Bureau of Prisons 
        shall submit to the Committee on the Judiciary of the Senate and 
        the Committee on the Judiciary of the House of Representatives a 
        progress report on the implementation of this section and the 
        amendments made by this section.

    (e) Technical and Conforming Amendment.--The table of sections for 
chapter 303 of title 18, United States Code, <<NOTE: 18 USC 4041 
prec.>>  is amended by adding at the end the following:

``4051. Treatment of primary caretaker parents and other individuals.''.

SEC. 1002. <<NOTE: Stop Infant Mortality and Recidivism Reduction 
                          Act. 18 USC 4042 note. Deadline.>>  
                          HEALTH AND SAFETY OF PREGNANT WOMEN AND 
                          MOTHERS.

    (a) Short Title.--This section may be cited as the ``Stop Infant 
Mortality and Recidivism Reduction Act'' or the ``SIMARRA Act''.
    (b) Establishment.--Not later than 270 days after the date of 
enactment of this Act, the Director of the Bureau of Prisons (in this 
section referred to as the ``Director'') shall establish a pilot program 
(in this section referred to as the ``Program'') in

[[Page 136 STAT. 915]]

accordance with this section to permit women incarcerated in Federal 
prisons and the children born to such women during incarceration to 
reside together while the inmate serves a term of imprisonment.
    (c) Purposes.--The purposes of this section are to--
            (1) prevent infant mortality among infants born to 
        incarcerated mothers and greatly reduce the trauma and stress 
        experienced by pregnant inmates;
            (2) reduce the recidivism rates of federally incarcerated 
        women and mothers, and enhance public safety by improving the 
        effectiveness of the Federal prison system for women as a 
        population with special needs;
            (3) <<NOTE: Assessments.>>  utilize a female offender risk 
        and needs assessment to encourage a more effective and efficient 
        Federal prison system;
            (4) <<NOTE: Assessments.>>  utilize a validated post-
        sentencing risk and needs assessment system that relies on 
        dynamic factors to provide Federal prison officials with 
        information regarding needs of Federal pregnant offenders and 
        enhance public safety;
            (5) <<NOTE: Evaluation.>>  perform regular outcome 
        evaluations of the effectiveness of programs and interventions 
        for federally incarcerated pregnant women and mothers to assure 
        that such programs and interventions are evidence-based and to 
        suggest changes, deletions, and expansions based on the results 
        of such evaluations; and
            (6) assist the Department of Justice to address the 
        underlying cost structure of the Federal prison system and 
        ensure that the Department can continue to run parenting 
        programming safely and securely without compromising the scope 
        or quality of the Department's critical health, safety and law 
        enforcement missions.

    (d) Duties of the Director of Bureau of Prisons.--
            (1) <<NOTE: Consultation.>>  In general.--The Director shall 
        carry out this section in consultation with--
                    (A) the Director of the Administrative Office of the 
                United States Courts;
                    (B) the Director of the Office of Probation and 
                Pretrial Services; and
                    (C) the Director of the National Institute of 
                Justice.
            (2) Duties.--The Director shall, in accordance with 
        paragraph (3), and in addition to the mandates under section 
        3631 of title 18, United States Code--
                    (A) evaluate the female offender risk and needs 
                assessment for its ability to address the particular 
                health and sensitivities of federally incarcerated 
                pregnant women and mothers in accordance with this 
                subsection;
                    (B) develop recommendations regarding recidivism 
                reduction programs and productive activities in 
                accordance with subsection (c);
                    (C) conduct ongoing research and data analysis on--
                          (i) the best practices relating to the use of 
                      offender risk and needs assessment tools for 
                      female offenders with a particular emphasis on how 
                      those tools address the health and sensitivities 
                      of federally incarcerated pregnant women and 
                      mothers;
                          (ii) potential improvements to risk and needs 
                      assessment tools for female offenders to address 
                      the

[[Page 136 STAT. 916]]

                      health and sensitivities of federally incarcerated 
                      pregnant women and mothers; and
                          (iii) which recidivism reduction programs are 
                      the most effective--
                                    (I) for federally incarcerated 
                                pregnant women and mothers classified at 
                                different recidivism risk levels; and
                                    (II) for addressing the specific 
                                needs of federally incarcerated pregnant 
                                women and mothers;
                    (D) on a biennial basis, review any findings related 
                to evaluations conducted under subparagraph (A) and the 
                recommendations developed under subparagraph (B), using 
                the research conducted under subparagraph (C), to 
                determine whether any revisions or updates should be 
                made to female offender risk and needs assessment 
                systems, and if so, make such revisions or updates;
                    (E) hold periodic meetings with the individuals 
                listed in paragraph (1) at intervals to be determined by 
                the Director;
                    (F) develop tools to communicate parenting program 
                availability and eligibility criteria to each employee 
                of the Bureau of Prisons and each pregnant inmate to 
                ensure that each pregnant inmate in the custody of a 
                Bureau of Prisons facility understands the resources 
                available to such inmate; and
                    (G) report to Congress in accordance with subsection 
                (h).
            (3) Methods.--In carrying out the duties under paragraph 
        (2), the Director shall--
                    (A) <<NOTE: Consultation.>>  consult relevant 
                stakeholders; and
                    (B) make decisions using data that is based on 
                available statistical and empirical evidence.

    (e) Eligibility.--An inmate may apply to participate in the Program 
if the inmate--
            (1) is pregnant at the beginning of or during the term of 
        imprisonment; and
            (2) is in the custody or control of the Bureau of Prisons.

    (f) Program Terms.--
            (1) Term of participation.--To correspond with the purposes 
        and goals of the Program to promote bonding during the critical 
        stages of child development, an eligible inmate selected for the 
        Program may participate in the Program, subject to subsection 
        (g), until the earliest of--
                    (A) the date that the inmate's term of imprisonment 
                terminates; or
                    (B) the date the infant fails to meet any medical 
                criteria established by the Director.
            (2) Inmate requirements.--For the duration of an inmate's 
        participation in the Program, the inmate shall agree to--
                    (A) take substantive steps towards acting in the 
                role of a parent or guardian to any child of that 
                inmate;
                    (B) participate in any recommended educational or 
                counseling opportunities, including topics such as child 
                development, parenting skills, domestic violence, 
                vocational training, or substance abuse, as appropriate;

[[Page 136 STAT. 917]]

                    (C) abide by any court decision regarding the legal 
                or physical custody of the child; and
                    (D) specify a person who has agreed to take at least 
                temporary custody of the child if the inmate's 
                participation in the Program terminates before the 
                inmate's release.

    (g) Continuity of Care.--The Director shall take appropriate actions 
to prevent detachment or disruption of either an inmate's or infant's 
health and bonding-based well-being due to termination of the Program.
    (h) Reporting.--
            (1) <<NOTE: Time period.>>  In general.--Not later than 6 
        months after the date of enactment of this Act, and once each 
        year thereafter for 5 years, the Director shall submit a 
        progress report to the Congress with regards to implementing the 
        Program.
            (2) <<NOTE: Recommenda- tions. Regulations.>>  Final 
        report.--Not later than 6 months after the termination of the 
        Program, the Director shall issue a final report to the Congress 
        that contains a detailed statement of the Director's findings 
        and conclusions, including recommendations for legislation, 
        administrative actions, and regulations the Director considers 
        appropriate.
SEC. 1003. <<NOTE: 18 USC 4001 note.>>  RESEARCH AND REPORT ON 
                          WOMEN IN FEDERAL INCARCERATION.

    Not <<NOTE: Time period. Consultation.>>  later than 18 months after 
the date of enactment of this Act, and thereafter, every other year, the 
National Institute of Justice, in consultation with the Bureau of 
Justice Statistics and the Bureau of Prisons (including the Women and 
Special Population Branch) shall prepare a report on the status of women 
in Federal incarceration. Depending <<NOTE: Data.>>  on the topic to be 
addressed, and the facility, data shall be collected from Bureau of 
Prisons personnel and a sample that is representative of the population 
of incarcerated women. The report shall include--
            (1) with regard to Federal facilities wherein women are 
        incarcerated--
                    (A) responses by such women to questions from the 
                Adverse Childhood Experience (ACES) questionnaire;
                    (B) demographic data of such women;
                    (C) <<NOTE: Data.>>  data on the number of women who 
                are incarcerated and placed in Federal and private 
                facilities more than 200 miles from their place of 
                residence;
                    (D) responses by such women to questions about the 
                extent of exposure to sexual victimization, sexual 
                violence and domestic violence (both inside and outside 
                of incarceration);
                    (E) the number of such women pregnant at the time 
                that they entered incarceration;
                    (F) the number of such women who have children age 
                18 or under, and if so, how many; and
                    (G) the crimes for which such women are incarcerated 
                and the length of their sentence and to the extent 
                practicable, any information on the connection between 
                the crime of which they were convicted and their 
                experience of domestic violence, dating violence, sexual 
                assault, or stalking; and
            (2) <<NOTE: Lists.>>  with regard to all Federal facilities 
        where persons are incarcerated--

[[Page 136 STAT. 918]]

                    (A) a list of best practices with respect to women's 
                incarceration and transition, including staff led 
                programs, services, and management practices (including 
                making sanitary products readily available and easily 
                accessible, and access to and provision of healthcare);
                    (B) the availability of trauma treatment at each 
                facility (including number of beds, and number of 
                trained staff);
                    (C) rates of serious mental illness broken down by 
                gender and security level and a list of residential 
                programs available by site; and
                    (D) the availability of vocational education and a 
                list of vocational programs provided by each facility.
SEC. 1004. <<NOTE: 18 USC 3624 note.>>  REENTRY PLANNING AND 
                          SERVICES FOR INCARCERATED WOMEN.

    (a) <<NOTE: Coordination. Standards.>>  In General.--The Attorney 
General, in coordination with the Director of the Office of Probation 
and Pretrial Services and the Director of the Bureau of Prisons 
(including the Women and Special Population Branch), shall collaborate 
on a model of gender responsive transition for incarcerated women, 
including the development of a national standard on prevention with 
respect to domestic and sexual violence.

    (b) Required Consultation.--In developing the model required under 
subsection (a), the Attorney General shall consult with such experts 
within the Federal government (including the Office on Violence Against 
Women of the Department of Justice), within Indian Tribes (as defined in 
section 4 of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 5304)), within Native Hawaiian organizations (as defined in 
section 6207 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7517)), and in the victim service provider community (including 
sexual and domestic violence and homelessness, job training and job 
placement service providers) as are necessary to the completion of a 
comprehensive plan.
    (c) Contents.--The model required under subsection (a) shall 
address, at a minimum--
            (1) the development by the Bureau of Prisons of a contract 
        for gender collaborative services; and
            (2) identification by re-entry affairs coordinators and 
        responsive planning for the needs of re-entering women with 
        respect to--
                    (A) housing, including risk of homelessness;
                    (B) previous exposure to and risk for domestic and 
                sexual violence;
                    (C) the need for parenting classes, assistance 
                securing childcare, or assistance in seeking or securing 
                jobs that afford flexibility (as might be necessary in 
                the re-entry, parenting or other contexts);
                    (D) other support tailored to the needs of 
                Indigenous women, including American Indian, Alaska 
                Native, and Native Hawaiian women; and
                    (E) the need to ensure a family-focused reentry, 
                by--
                          (i) including incarcerated mothers, their 
                      children, and their caregivers to create family 
                      reentry planning and programming; and
                          (ii) informing reentry information to visiting 
                      families.

[[Page 136 STAT. 919]]

SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.

     To <<NOTE: Time period.>>  carry out this title, there are 
authorized to be appropriated $8,000,000 for each of fiscal years 2023 
through 2027.

        TITLE XI--LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY

SEC. 1101. <<NOTE: NICS Denial Notification Act of 2022. 18 USC 1 
                          note.>>  NICS DENIAL NOTIFICATION ACT OF 
                          2022.

    (a) Short Title.--This section may be cited as the ``NICS Denial 
Notification Act of 2022''.
    (b) Local Law Enforcement Authority Defined.--Section 921(a) of 
title 18, United States Code, is amended by adding at the end the 
following:
            ``(36) <<NOTE: Definition.>>  The term `local law 
        enforcement authority' means a bureau, office, department or 
        other authority of a State or local government or Tribe that has 
        jurisdiction to investigate a violation or potential violation 
        of, or enforce, a State, local, or Tribal law.''.

    (c) Amendment.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 925A the following:
``Sec. 925B. <<NOTE: 18 USC 925B.>>  Reporting of background check 
                  denials to State authorities

    ``(a) <<NOTE: Notice. Arms and munitions.>>  In General.--If the 
national instant criminal background check system established under 
section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 
40901) (referred to in this section as `NICS') provides a notice 
pursuant to section 922(t) that the receipt of a firearm by a person 
would violate subsection (g) or (n) of section 922 or State, local, or 
Tribal law, the Attorney General shall, in accordance with subsection 
(b) of this section--
            ``(1) report to the local law enforcement authority of the 
        State or Tribe where the person sought to acquire the firearm 
        and, if different, the local law enforcement authorities of the 
        State or Tribe of residence of the person--
                    ``(A) that the notice was provided;
                    ``(B) the Federal, State, local or Tribal 
                prohibition;
                    ``(C) the date and time the notice was provided;
                    ``(D) the location of the licensee where the firearm 
                was sought to be transferred; and
                    ``(E) the identity of the person; and
            ``(2) where practicable, report the incident to State and 
        local prosecutors or Tribal prosecutors in the jurisdiction 
        where the firearm transfer was sought.

    ``(b) Requirements for Report.--A report is made in accordance with 
this subsection if the report is made under subsection (a) within 24 
hours after the NICS denies a firearm transfer in accordance with 
section 922(t) of title 18, United States Code, except that the making 
of the report may be delayed for so long as is necessary to avoid 
compromising an ongoing investigation.
    ``(c) <<NOTE: Determination. Notification.>>  Amendment of Report.--
If a report is made in accordance with subsection (b) and, after such 
report is made, the Federal Bureau of Investigation determines that the 
receipt of a firearm by a person for whom the report was made would not 
violate subsection (g) or (n) of section 922 or State, local, or Tribal 
law, the Attorney General shall notify any law enforcement authority

[[Page 136 STAT. 920]]

and any prosecutor to whom the report was made of that determination.

    ``(d) Rule of Construction.--Nothing in subsection (a) shall be 
construed to require a report with respect to a person to be made to the 
same State authorities that made the original denial determination with 
respect to the transfer of the firearm.''.
    (d) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, <<NOTE: 18 USC 921 prec.>>  is amended by 
inserting after the item relating to section 925A the following:

``925B. Reporting of background check denials to State authorities.''.

SEC. 1102. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Chapter 44 of title 18, United States Code, as 
amended by section 1101, is amended by inserting after section 925B the 
following:
``Sec. 925C. <<NOTE: 18 USC 925C.>>  Annual report to Congress

    ``Not later than 1 year after the date of enactment of this section, 
and annually thereafter, the Attorney General shall submit to Congress a 
report detailing the following, broken down by Federal judicial 
district:
            ``(1) <<NOTE: Arms and munitions.>>  With respect to each 
        category of persons prohibited by subsection (g) or (n) of 
        section 922 or State law from receiving or possessing a firearm 
        who are so denied a firearm--
                    ``(A) the number of denials;
                    ``(B) the number of denials referred to the Bureau 
                of Alcohol, Tobacco, Firearms, and Explosives;
                    ``(C) the number of denials for which the Bureau of 
                Alcohol, Tobacco, Firearms, and Explosives determines 
                that the person denied was not prohibited by subsection 
                (g) or (n) of section 922 or State law from receiving or 
                possessing a firearm;
                    ``(D) the number of denials overturned through the 
                appeals process of the national instant criminal 
                background check system established under section 103 of 
                the Brady Handgun Violence Prevention Act (34 U.S.C. 
                40901);
                    ``(E) the number of denials with respect to which an 
                investigation was opened by a field division of the 
                Bureau of Alcohol, Tobacco, Firearms, and Explosives;
                    ``(F) the number of persons charged with a Federal 
                criminal offense in connection with a denial; and
                    ``(G) the number of convictions obtained by Federal 
                authorities in connection with a denial.
            ``(2) <<NOTE: Notices.>>  The number of background check 
        notices reported pursuant to section 925B (including the number 
        of the notices that would have been so reported but for section 
        925B(c)).''.

    (b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, <<NOTE: 18 USC 921 prec.>>  as amended by 
section 1101, is amended by inserting after the item relating to section 
925B the following:

``925C. Annual report to Congress.''.

SEC. 1103. SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-DEPUTIZED 
                          ATTORNEYS.

    (a) In General.--Chapter 44 of title 18, United States Code, as 
amended by section 1102, is further amended by inserting after section 
925C the following:

[[Page 136 STAT. 921]]

``Sec. 925D. <<NOTE: 18 USC 925D.>>  Special assistant U.S. 
                  attorneys and cross-deputized attorneys

    ``(a) In General.--In order to improve the enforcement of paragraphs 
(8) and (9) of section 922(g), the Attorney General may--
            ``(1) <<NOTE: Appointment.>>  appoint, in accordance with 
        section 543 of title 28, qualified State, Tribal, territorial 
        and local prosecutors and qualified attorneys working for the 
        United States government to serve as special assistant United 
        States attorneys for the purpose of prosecuting violations of 
        such paragraphs; and
            ``(2) deputize State, Tribal, territorial and local law 
        enforcement officers for the purpose of enhancing the capacity 
        of the agents of the Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives in responding to and investigating violations of such 
        paragraphs.

    ``(b) Improve Intimate Partner and Public Safety.--The Attorney 
General shall--
            ``(1) identify not fewer than 75 jurisdictions among States, 
        territories and Tribes where there are high rates of firearms 
        violence and threats of firearms violence against intimate 
        partners and other persons protected under paragraphs (8) and 
        (9) of section 922(g) and where local authorities lack the 
        resources to address such violence;
            ``(2) make such appointments as described in subsection (a) 
        in jurisdictions where enhanced enforcement of such paragraphs 
        is necessary to reduce firearms homicide and injury rates; and
            ``(3) establish, in order to receive and expedite requests 
        for assistance from State, Tribal, territorial, and local law 
        enforcement agencies responding to intimate partner violence 
        cases where such agencies have probable cause to believe that 
        the offenders may be in violation of such paragraphs, points of 
        contact within--
                    ``(A) each Field Division of the Bureau of Alcohol, 
                Tobacco, Firearms, and Explosives; and
                    ``(B) each District Office of the United States 
                Attorneys.

    ``(c) Qualified Defined.--For purposes of this section, the term 
`qualified' means, with respect to an attorney, that the attorney is a 
licensed attorney in good standing with any relevant licensing 
authority.''.
    (b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, <<NOTE: 18 USC 921 prec.>>  as amended by 
this Act, is further amended by inserting after the item relating to 
section 925C the following:

``925D. Special assistant U.S. attorneys and cross-deputized 
           attorneys.''.

SEC. 1104. UNLAWFUL ACTS.

    (a) Misdemeanor Crime of Domestic Violence Defined.--Section 
921(a)(33)(A)(i) of title 18, United States Code, is amended by striking 
``or Tribal law'' and inserting ``, Tribal, or local law''.
    (b) Transfers.-- Section 922(t) of title 18, United States Code, is 
amended-
            (1) in paragraph (1)(B)(ii), by inserting ``, or State, 
        local, or Tribal law'' after ``subsection (g) or (n) of this 
        section'';
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by inserting ``, local or Tribal'' after ``State'';
            (3) in paragraph (4), by inserting ``local, or Tribal'' 
        after ``State''; and

[[Page 136 STAT. 922]]

            (4) in paragraph (5), by inserting ``local, or Tribal'' 
        after ``State''.
SEC. 1105. REVIEW ON CRIMINAL OFFENSES AFFECTING NATIVE HAWAIIANS.

    (a) Native Hawaiian Defined.--In this section, the term ``Native 
Hawaiian'' has the meaning given the term in section 801 of the Native 
American Housing Assistance and Self-Determination Act (25 U.S.C. 4221).
    (b) Review of Relevant Federal Crime Prevention, Victim Service, and 
Criminal Justice Programs Serving Native Hawaiians.--
            (1) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Attorney General shall submit a 
        report to Congress containing the following:
                    (A) The results and findings of the comprehensive 
                review required to be conducted under paragraph (2).
                    (B) The amount of Federal funding received by Native 
                Hawaiian-serving organizations from relevant Federal 
                programs, including the percentage of each such amount 
                of funding received by Native Hawaiian-serving 
                organizations relative to the total amount of funding 
                dispersed for each relevant Federal program.
                    (C) <<NOTE: Recommenda- tions. Proposals.>>  
                Recommendations and legislative proposals to--
                          (i) improve how relevant Federal programs 
                      address the needs of Native Hawaiians;
                          (ii) improve responses to and investigation of 
                      incidences of missing or murdered Native 
                      Hawaiians;
                          (iii) reduce the likelihood that a Native 
                      Hawaiian may become involved in the criminal 
                      justice system; and
                          (iv) address any other relevant matters deemed 
                      necessary by the Attorney General.
            (2) Comprehensive review.--The Attorney General shall 
        conduct a comprehensive review of relevant Federal programs.
            (3) <<NOTE: Definition.>>  Relevant federal program.--In 
        this subsection, the term ``relevant Federal program'' means 
        any--
                    (A) law enforcement or other crime prevention 
                program targeting criminal offenses that affect Native 
                Hawaiians, including child sexual exploitation, child 
                abuse, intimate partner violence, human trafficking, 
                missing or murdered individuals, and substance abuse;
                    (B) any program that provide services to victims of 
                criminal offenses affecting Native Hawaiians, including 
                child sexual exploitation, child abuse, intimate partner 
                violence, human trafficking, and substance abuse; and
                    (C) any criminal justice system program or service 
                available to and used by Native Hawaiians in various 
                jurisdictions, including diversion programs, in-prison 
                education programs, and reentry services.

    (c) Report on Native Hawaiians in the Criminal Justice System.--
            (1) <<NOTE: Coordination.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Attorney 
        General, acting through the National Institute of Justice, in 
        coordination with the Bureau of Justice Statistics, shall 
        prepare a report on the

[[Page 136 STAT. 923]]

        interaction of Native Hawaiians with the criminal justice 
        system.
            (2) Contents of report.--The report required under this 
        subsection shall include--
                    (A) <<NOTE: Statistics.>>  known statistics related 
                to the percentage of persons who are Native Hawaiians 
                out of the total of--
                          (i) all persons arrested;
                          (ii) all persons detained in Federal, State, 
                      and local jails;
                          (iii) all persons subject to pretrial 
                      supervision;
                          (iv) all persons subject to post-conviction 
                      supervision;
                          (v) all persons incarcerated in Federal and 
                      State prisons; and
                          (vi) all persons subject to post-release 
                      supervision;
                    (B) an explanation of why the statistics described 
                in subparagraph (A) may not be comprehensive;
                    (C) <<NOTE: Recommenda- tions.>>  recommendations on 
                how data collection related to the statistics described 
                in subparagraph (A) could be improved;
                    (D) a description of any culturally relevant 
                programs available to Native Hawaiians who interact with 
                the Federal criminal justice system; and
                    (E) <<NOTE: Summary. Data.>>  a summary of any 
                available data on the number of Native Hawaiians who are 
                incarcerated and placed in Federal and private 
                correctional facilities more than 200 miles from their 
                place of residence.

TITLE XII--CLOSING <<NOTE: Closing the Law Enforcement Consent Loophole 
Act of 2022.>>  THE LAW ENFORCEMENT CONSENT LOOPHOLE
SEC. 1201. <<NOTE: 18 USC 1 note.>>  SHORT TITLE.

    This title may be cited as the ``Closing the Law Enforcement Consent 
Loophole Act of 2022''.
SEC. 1202. PENALTIES FOR CIVIL RIGHTS OFFENSES INVOLVING SEXUAL 
                          MISCONDUCT.

    (a) Amendment.--
            (1) In general.--Chapter 13 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 250. <<NOTE: 18 USC 250.>>  Penalties for civil rights 
                offenses involving sexual misconduct

    ``(a) Offense.--It shall be unlawful for any person to, in the 
course of committing an offense under this chapter or under section 901 
of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another to 
engage in, sexual misconduct.
    ``(b) Penalties.--Any person who violates subsection (a) shall be--
            ``(1) in the case of an offense involving aggravated sexual 
        abuse, as defined in section 2241, or if the offense involved 
        sexual abuse, as defined in section 2242, or if the offense 
        involved an attempt to commit such aggravated sexual abuse or 
        sexual abuse, fined under this title and imprisoned for any term 
        of years or for life;

[[Page 136 STAT. 924]]

            ``(2) in the case of an offense involving abusive sexual 
        contact of a child who has not attained the age of 16, of the 
        type prohibited by section 2244(a)(5), fined under this title 
        and imprisoned for any term of years or for life;
            ``(3) <<NOTE: Time period.>>  in the case of an offense 
        involving a sexual act, as defined in section 2246, with another 
        person without the other person's permission, and it does not 
        amount to sexual abuse or aggravated sexual abuse, be fined 
        under this title and imprisoned for not more than 40 years;
            ``(4) in the case of an offense involving abusive sexual 
        contact of the type prohibited by subsection (a)(1) or (b) of 
        section 2244, but excluding abusive sexual contact through the 
        clothing--
                    ``(A) fined under this title and imprisoned for not 
                more than 10 years; and
                    ``(B) <<NOTE: Time period.>>  if the offense 
                involves a child who has not attained the age of 12 
                years, imprisoned for not more than 30 years;
            ``(5) in the case of an offense involving abusive sexual 
        contact of the type prohibited by section 2244(a)(2)--
                    ``(A) fined under this title and imprisoned for not 
                more than 3 years; and
                    ``(B) <<NOTE: Time period.>>  if the offense 
                involves a child under the age of 12, imprisoned for not 
                more than 20 years; and
            ``(6) in the case of an offense involving abusive sexual 
        contact through the clothing of the type prohibited by 
        subsection (a)(3), (a)(4), or (b) of section 2244--
                    ``(A) <<NOTE: Time period.>>  fined under this title 
                and imprisoned for not more than 2 years; and
                    ``(B) if the offense involves a child under the age 
                of 12, imprisoned for not more than 10 years.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 13 of title 18, <<NOTE: 18 USC 241 prec.>>  
        United States Code, is amended by inserting after the item 
        relating to section 249 the following:

``250. Penalties for civil rights offenses involving sexual 
           misconduct.''.

    (b) Sexual Abuse.--Section 2242 of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) in paragraph (2)(B), by inserting ``or'' after the 
        semicolon; and
            (3) by inserting after paragraph (2) the following:
            ``(3) engages in a sexual act with another person without 
        that other person's consent, to include doing so through 
        coercion;''.

    (c) Sexual Abuse of a Minor, a Ward, or an Individual in Federal 
Custody.--
            (1) In general.--Section 2243 of title 18, United States 
        Code, is amended--
                    (A) by striking the section heading and inserting 
                ``Sexual abuse of a minor, a ward, or an individual in 
                Federal custody'';
                    (B) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (C) by adding after subsection (b) the following:

[[Page 136 STAT. 925]]

    ``(c) <<NOTE: Time period.>>  Of an Individual in Federal Custody.--
Whoever, while acting in their capacity as a Federal law enforcement 
officer, knowingly engages in a sexual act with an individual who is 
under arrest, under supervision, in detention, or in Federal custody, 
shall be fined under this title, imprisoned not more than 15 years, or 
both.''.
            (2) Clerical amendment.--The table of sections for chapter 
        109A of title 18, United States Code, <<NOTE: 18 USC 2241 
        prec.>>  is amended by striking the item relating to section 
        2243 and inserting the following:

``2243. Sexual abuse of a minor, a ward, or an individual in Federal 
           custody.''.

    (d) Abusive Sexual Contact.--Section 2244(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(6) subsection (c) of section 2243 of this title had the 
        sexual contact been a sexual act, shall be fined under this 
        title, imprisoned not more than two years, or both;'';

    (e) Definition.--Section 2246 of title 18, United States Code, is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (6) the following:
            ``(7) the term `Federal law enforcement officer' has the 
        meaning given the term in section 115.''.
SEC. 1203. <<NOTE: 34 USC 60106.>>  INCENTIVES FOR STATES.

    (a) Authority To Make Grants.--The Attorney General is authorized to 
make grants to States that have in effect a law that--
            (1) makes it a criminal offense for any person acting under 
        color of law of the State to knowingly engage in a sexual act 
        with an individual who is under arrest, in detention, or 
        otherwise in the actual custody of any law enforcement officer; 
        and
            (2) prohibits a person charged with an offense described in 
        paragraph (1) from asserting the consent of the other individual 
        as a defense.

    (b) Reporting Requirement.--A State that receives a grant under this 
section shall submit to the Attorney General, on an annual basis, 
information on--
            (1) the number of reports made to law enforcement agencies 
        in that State regarding persons engaging in a sexual act while 
        acting under color of law during the previous year; and
            (2) the disposition of each case in which sexual misconduct 
        by a person acting under color of law was reported during the 
        previous year.

    (c) Application.--A State seeking a grant under this section shall 
submit an application to the Attorney General at such time, in such 
manner, and containing such information as the Attorney General may 
reasonably require, including information about the law described in 
subsection (a).
    (d) Grant Amount.--The amount of a grant to a State under this 
section shall be in an amount that is not greater than 10

[[Page 136 STAT. 926]]

percent of the average of the total amount of funding of the 3 most 
recent awards that the State received under the following grant 
programs:
            (1) Part T of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred 
        to as the ``STOP Violence Against Women Formula Grant 
        Program'').
            (2) Section 41601 of the Violence Against Women Act of 1994 
        (34 U.S.C. 12511) (commonly referred to as the ``Sexual Assault 
        Services Program'').

    (e) Grant Term.--
            (1) In general.--The Attorney General shall provide an 
        increase in the amount provided to a State under the grant 
        programs described in subsection (d) for a 2-year period.
            (2) Renewal.--A State that receives a grant under this 
        section may submit an application for a renewal of such grant at 
        such time, in such manner, and containing such information as 
        the Attorney General may reasonably require.
            (3) <<NOTE: Time period.>>  Limit.--A State may not receive 
        a grant under this section for more than 4 years.

    (f) Uses of Funds.--A State that receives a grant under this section 
shall use--
            (1) 25 percent of such funds for any of the permissible uses 
        of funds under the grant program described in paragraph (1) of 
        subsection (d); and
            (2) 75 percent of such funds for any of the permissible uses 
        of funds under the grant program described in paragraph (2) of 
        subsection (d).

    (g) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
are authorized to be appropriated to carry out this section $5,000,000 
for each of fiscal years 2023 through 2027.

    (h) Definition.--For purposes of this section, the term ``State'' 
means each of the several States and the District of Columbia, Indian 
Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the 
Virgin Islands, and the Northern Mariana Islands.
SEC. 1204. <<NOTE: 34 USC 60106 note. Time period.>>  REPORTS TO 
                          CONGRESS.

    (a) Report by Attorney General.--Not later than 1 year after the 
date of enactment of this Act, and each year thereafter, the Attorney 
General shall submit to Congress and make publicly available on the 
Department of Justice website a report containing--
            (1) the information required to be reported to the Attorney 
        General under section 1203(b); and
            (2) information on--
                    (A) the number of reports made, during the previous 
                year, to Federal law enforcement agencies regarding 
                persons engaging in a sexual act while acting under 
                color of law; and
                    (B) the disposition of each case in which sexual 
                misconduct by a person acting under color of law was 
                reported.

    (b) <<NOTE: Time periods.>>  Report by GAO.--Not later than 1 year 
after the date of enactment of this Act, and each year thereafter, the 
Comptroller General of the United States shall submit to Congress a 
report on any violations of section 2243(c) of title 18, United States 
Code, as amended by section 1302, committed during the 1-year period 
covered by the report.

[[Page 136 STAT. 927]]

    (c) Report by Attorney General on Conflicts Between State's 
Marriage-age and Age-based Sex Offenses.--Not <<NOTE: Examination.>>  
later than 1 year after the date of enactment of this Act, and each year 
thereafter, the Attorney General shall submit to Congress a report that 
examines inconsistencies between State laws on marriage-age and State 
laws on age-based sex offenses and, in particular, States with laws 
that--
            (1) provide an exception to definitions of age-based sex 
        offenses (including statutory rape), or a defense to prosecution 
        for such offenses, based on the marriage of the perpetrator to 
        the victim; or
            (2) allow marriages between parties at ages, or with age 
        differences between them, such that sexual acts between those 
        parties outside of marriage would constitute an age-based sex 
        offense (including statutory rape).
SEC. 1205. <<NOTE: 34 USC 60106 note.>>  DEFINITION.

    In this title, the term ``sexual act'' has the meaning given the 
term in section 2246 of title 18, United States Code.

                        TITLE XIII--OTHER MATTERS

SEC. 1301. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

    Section 40603 of the Violence Against Women Act of 1994 (34 U.S.C. 
12402) is amended by striking ``2014 through 2018'' and inserting ``2023 
through 2027''.
SEC. 1302. FEDERAL VICTIM AND WITNESS COORDINATORS 
                          REAUTHORIZATION.

    Section 40114 of the Violence Against Women Act of 1994 (Public Law 
103-322; 108 Stat. 1910) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AND WITNESS 
                            COORDINATORS.

    ``There <<NOTE: Time period.>>  are authorized to be appropriated 
for the United States attorneys for the purpose of appointing victim and 
witness coordinators for the prosecution of sex crimes and domestic 
violence crimes where applicable (such as the District of Columbia), 
$1,000,000 for each of fiscal years 2023 through 2027.''.
SEC. 1303. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL 
                          AND PRACTITIONERS REAUTHORIZATION.

    Section 224(a) of the Crime Control Act of 1990 (34 U.S.C. 20334(a)) 
is amended by striking ``subtitle'' and all that follows and inserting 
``subtitle $2,300,000 for each of fiscal years 2023 through 2027''.
SEC. 1304. SEX OFFENDER MANAGEMENT.

    Section 40152(c) of the Violent Crime Control and Law Enforcement 
Act of 1994 (34 U.S.C. 12311(c)) is amended to read as follows:
    ``(c) <<NOTE: Time period.>>  Authorization of Appropriations.--
There are authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2023 through 2027.''.

[[Page 136 STAT. 928]]

SEC. 1305. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.

    Section 219(a) of the Crime Control Act of 1990 (34 U.S.C. 20324(a)) 
is amended by striking ``2014 through 2018'' and inserting ``2023 
through 2027''.
SEC. 1306. <<NOTE: Reports.>>  REVIEW OF LINK BETWEEN SUBSTANCE 
                          USE AND VICTIMS OF DOMESTIC VIOLENCE 
                          DATING VIOLENCE, SEXUAL ASSAULT, OR 
                          STALKING.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of Health and Human Services shall complete a review and 
submit to Congress a report on whether being a victim of domestic 
violence, dating violence, sexual assault, or stalking increases the 
likelihood of having a substance use disorder.
SEC. 1307. INTERAGENCY WORKING GROUP TO STUDY FEDERAL EFFORTS TO 
                          COLLECT DATA ON SEXUAL VIOLENCE.

    (a) <<NOTE: Deadline. Recommenda- tions.>>  Establishment.--Not 
later than 180 days after the date of enactment of this Act, the 
Attorney General shall establish an interagency working group to study 
Federal efforts to collect data on sexual violence and to make 
recommendations on the harmonization of such efforts.

    (b) Composition.--The Working Group shall be comprised of at least 
one representative from each of the following agencies, who shall be 
selected by the head of that agency:
            (1) The Centers for Disease Control and Prevention.
            (2) The Department of Education.
            (3) The Department of Health and Human Services.
            (4) The Department of Justice.
            (5) The Equal Employment Opportunity Commission.

    (c) Duties.--The Working Group shall consider the following:
            (1) What activity constitutes different acts of sexual 
        violence.
            (2) Whether reports that use the same terms for acts of 
        sexual violence are collecting the same data on these acts.
            (3) Whether the context which led to an act of sexual 
        violence should impact how that act is accounted for in reports.
            (4) Whether the data collected is presented in a way that 
        allows the general public to understand what acts of sexual 
        violence are included in each measurement.
            (5) Steps that agencies that compile reports relating to 
        sexual violence can take to avoid double counting incidents of 
        sexual violence.

    (d) <<NOTE: Publication. Recommenda- tions.>>  Report Required.--Not 
later than 2 years after the date of enactment of this Act, the Working 
Group shall publish and submit to Congress a report on the following:
            (1) The activities of the Working Group.
            (2) Recommendations to harmonize Federal efforts to collect 
        data on sexual violence.
            (3) Actions Federal agencies can take to implement the 
        recommendations described in paragraph (2).
            (4) Recommendations, if any, for congressional action to 
        implement the recommendations described in paragraph (2).

    (e) Termination.--The Working Group shall terminate 30 days after 
the date on which the report is submitted pursuant to subsection (d).
    (f) Definitions.--In this section:

[[Page 136 STAT. 929]]

            (1) Harmonize.--The term ``harmonize'' includes efforts to 
        coordinate sexual violence data collection to produce 
        complementary information, as appropriate, without compromising 
        programmatic needs.
            (2) Sexual violence.--The term ``sexual violence'' includes 
        an unwanted sexual act (including both contact and non-contact) 
        about which the Federal Government collects information.
            (3) Working group.--The term ``Working Group'' means the 
        interagency working group established under subsection (a).
SEC. 1308. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO 
                          ASSIST VICTIMS OF DOMESTIC AND SEXUAL 
                          VIOLENCE; ASSISTANCE FOR 
                          MICROBUSINESSES.

    Section 41501(b) of the Violence Against Women Act of 1994 (34 
U.S.C. 12501(b)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``companies and public entities'' 
                and inserting ``companies, public entities''; and
                    (B) by inserting ``, and employers with fewer than 
                20 employees'' after ``State and local governments''; 
                and
            (2) in paragraph (3), by inserting before the period at the 
        end the following: ``, which materials shall include a website 
        with resources for employers with fewer than 20 employees, 
        including live training materials''.
SEC. 1309. <<NOTE: 15 USC 6851.>>  CIVIL ACTION RELATING TO 
                          DISCLOSURE OF INTIMATE IMAGES.

    (a) Definitions.--In this section:
            (1) Commercial pornographic content.--The term ``commercial 
        pornographic content'' means any material that is subject to the 
        record keeping requirements under section 2257 of title 18, 
        United States Code.
            (2) Consent.--The term ``consent'' means an affirmative, 
        conscious, and voluntary authorization made by the individual 
        free from force, fraud, misrepresentation, or coercion.
            (3) Depicted individual.--The term ``depicted individual'' 
        means an individual whose body appears in whole or in part in an 
        intimate visual depiction and who is identifiable by virtue of 
        the person's face, likeness, or other distinguishing 
        characteristic, such as a unique birthmark or other recognizable 
        feature, or from information displayed in connection with the 
        visual depiction.
            (4) Disclose.--The term ``disclose'' means to transfer, 
        publish, distribute, or make accessible.
            (5) Intimate visual depiction.--The term ``intimate visual 
        depiction''--
                    (A) means a visual depiction, as that term is 
                defined in section 2256(5) of title 18, United States 
                Code, that depicts--
                          (i) the uncovered genitals, pubic area, anus, 
                      or post-pubescent female nipple of an identifiable 
                      individual; or
                          (ii) the display or transfer of bodily sexual 
                      fluids--
                                    (I) on to any part of the body of an 
                                identifiable individual;
                                    (II) from the body of an 
                                identifiable individual; or

[[Page 136 STAT. 930]]

                                    (III) an identifiable individual 
                                engaging in sexually explicit conduct 
                                and
                    (B) includes any visual depictions described in 
                subparagraph (A) produced while the identifiable 
                individual was in a public place only if the individual 
                did not--
                          (i) voluntarily display the content depicted; 
                      or
                          (ii) consent to the sexual conduct depicted.
            (6) Sexually explicit conduct.--The term ``sexually explicit 
        conduct'' has the meaning given the term in subparagraphs (A) 
        and (B) of section 2256(2) of title 18, United States Code.

    (b) Civil Action.--
            (1) Right of action.--
                    (A) In general.--Except as provided in paragraph 
                (4), an individual whose intimate visual depiction is 
                disclosed, in or affecting interstate or foreign 
                commerce or using any means or facility of interstate or 
                foreign commerce, without the consent of the individual, 
                where such disclosure was made by a person who knows 
                that, or recklessly disregards whether, the individual 
                has not consented to such disclosure, may bring a civil 
                action against that person in an appropriate district 
                court of the United States for relief as set forth in 
                paragraph (3).
                    (B) Rights on behalf of certain individuals.--In the 
                case of an individual who is under 18 years of age, 
                incompetent, incapacitated, or deceased, the legal 
                guardian of the individual or representative of the 
                identifiable individual's estate, another family member, 
                or any other person appointed as suitable by the court, 
                may assume the identifiable individual's' rights under 
                this section, but in no event shall the defendant be 
                named as such representative or guardian.
            (2) Consent.--For purposes of an action under paragraph 
        (1)--
                    (A) the fact that the individual consented to the 
                creation of the depiction shall not establish that the 
                person consented to its distribution; and
                    (B) the fact that the individual disclosed the 
                intimate visual depiction to someone else shall not 
                establish that the person consented to the further 
                disclosure of the intimate visual depiction by the 
                person alleged to have violated paragraph (1).
            (3) Relief.--
                    (A) In general.--In a civil action filed under this 
                section--
                          (i) an individual may recover the actual 
                      damages sustained by the individual or liquidated 
                      damages in the amount of $150,000, and the cost of 
                      the action, including reasonable attorney's fees 
                      and other litigation costs reasonably incurred; 
                      and
                          (ii) the court may, in addition to any other 
                      relief available at law, order equitable relief, 
                      including a temporary restraining order, a 
                      preliminary injunction, or a permanent injunction 
                      ordering the defendant to cease display or 
                      disclosure of the visual depiction.
                    (B) Preservation of anonymity.--In ordering relief 
                under subparagraph (A), the court may grant injunctive

[[Page 136 STAT. 931]]

                relief maintaining the confidentiality of a plaintiff 
                using a pseudonym.
            (4) Exceptions.--An identifiable individual may not bring an 
        action for relief under this section relating to--
                    (A) an intimate image that is commercial 
                pornographic content, unless that content was produced 
                by force, fraud, misrepresentation, or coercion of the 
                depicted individual;
                    (B) a disclosure made in good faith--
                          (i) to a law enforcement officer or agency;
                          (ii) as part of a legal proceeding;
                          (iii) as part of medical education, diagnosis, 
                      or treatment; or
                          (iv) in the reporting or investigation of--
                                    (I) unlawful content; or
                                    (II) unsolicited or unwelcome 
                                conduct;
                    (C) a matter of public concern or public interest; 
                or
                    (D) a disclosure reasonably intended to assist the 
                identifiable individual.
SEC. 1310. <<NOTE: Choose Respect Act. 36 USC 101 note.>>  CHOOSE 
                          RESPECT ACT.

    (a) Short Title.--This section may be cited as the ``Choose Respect 
Act''.
    (b) Designation.--
            (1) In general.--Chapter 1 of title 36, United States Code, 
        is amended by adding at the end the following:
``Sec. 146. <<NOTE: 36 USC 146.>>  Choose Respect Day

    ``(a) Designation.--October 1 is Choose Respect Day.
    ``(b) Recognition.--All private citizens, organizations, and 
Federal, State, and local governmental and legislative entities are 
encouraged to recognize Choose Respect Day through proclamations, 
activities, and educational efforts in furtherance of changing the 
culture around the tolerance of violence against women.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 1 of title 36, United States Code, is 
        amended by adding at the end the following:

``146. Choose Respect Day.''.

    (c) <<NOTE: 34 USC 20131.>>  Media Campaign.--
            (1) Definitions.--In this subsection:
                    (A) Director.--The term ``Director'' means the 
                Director of the Office on Violence Against Women.
                    (B) National media campaign.--The term ``national 
                media campaign'' means the national ``Choose Respect'' 
                media campaign described in paragraph (2).
            (2) Media campaign.--The Director shall, to the extent 
        feasible and appropriate, conduct a national ``Choose Respect'' 
        media campaign in accordance with this section for the purposes 
        of--
                    (A) preventing and discouraging violence against 
                women, including domestic violence, dating violence, 
                sexual assault, and stalking by targeting the attitudes, 
                perceptions, and beliefs of individuals who have or are 
                likely to commit such crimes;
                    (B) encouraging victims of the crimes described in 
                subparagraph (A) to seek help through the means 
                determined to be most effective by the most current 
                evidence available, including seeking legal 
                representation; and

[[Page 136 STAT. 932]]

                    (C) informing the public about the help available to 
                victims of the crimes described in subparagraph (A).
            (3) Use of funds.--
                    (A) In general.--Amounts made available to carry out 
                this section for the national media campaign may only be 
                used for the following:
                          (i) The purchase of media time and space, 
                      including the strategic planning for, tracking, 
                      and accounting of, such purchases.
                          (ii) Creative and talent costs, consistent 
                      with subparagraph (B).
                          (iii) Advertising production costs, which may 
                      include television, radio, internet, social media, 
                      and other commercial marketing venues.
                          (iv) Testing and evaluation of advertising.
                          (v) Evaluation of the effectiveness of the 
                      national media campaign.
                          (vi) Costs of contracts to carry out 
                      activities authorized by this subsection.
                          (vii) Partnerships with professional and civic 
                      groups, community-based organizations, including 
                      faith-based organizations and culturally specific 
                      organizations, and government organizations 
                      related to the national media campaign.
                          (viii) Entertainment industry outreach, 
                      interactive outreach, media projects and 
                      activities, public information, news media 
                      outreach, corporate sponsorship and participation, 
                      and professional sports associations and military 
                      branch participation.
                          (ix) Operational and management expenses.
                    (B) Specific requirements.--
                          (i) Creative services.--In using amounts for 
                      creative and talent costs under subparagraph (A), 
                      the Director shall use creative services donated 
                      at no cost to the Government wherever feasible and 
                      may only procure creative services for 
                      advertising--
                                    (I) responding to high-priority or 
                                emergent campaign needs that cannot 
                                timely be obtained at no cost; or
                                    (II) intended to reach a minority, 
                                ethnic, or other special audience that 
                                cannot reasonably be obtained at no 
                                cost.
                          (ii) Testing and evaluation of advertising.--
                      In using amounts for testing and evaluation of 
                      advertising under subparagraph (A)(iv), the 
                      Director shall test all advertisements prior to 
                      use in the national media campaign to ensure that 
                      the advertisements are effective with the target 
                      audience and meet industry-accepted 
                      standards. <<NOTE: Waiver authority.>>  The 
                      Director may waive this requirement for 
                      advertisements using not more than 10 percent of 
                      the purchase of advertising time purchased under 
                      this section in a fiscal year and not more than 10 
                      percent of the advertising space purchased under 
                      this section in a fiscal year, if the 
                      advertisements respond to emergent and time-
                      sensitive campaign needs or the advertisements 
                      will not be widely utilized in the national media 
                      campaign.

[[Page 136 STAT. 933]]

                          (iii) Consultation.--For the planning of the 
                      campaign under paragraph (2), the Director may 
                      consult with--
                                    (I) the Office for Victims of Crime, 
                                the Administration on Children, Youth 
                                and Families, and other related Federal 
                                Government entities;
                                    (II) State, local, and Indian Tribal 
                                governments;
                                    (III) the prevention of domestic 
                                violence, dating violence, sexual 
                                assault, or stalking, including national 
                                and local non-profits; and
                                    (IV) communications professionals.
                          (iv) Evaluation of effectiveness of national 
                      media campaign.--In using amounts for the 
                      evaluation of the effectiveness of the national 
                      media campaign under subparagraph (A)(v), the 
                      Attorney General shall--
                                    (I) <<NOTE: Deadline.>>  designate 
                                an independent entity to evaluate by 
                                April 20 of each year the effectiveness 
                                of the national media campaign based on 
                                data from any relevant studies or 
                                publications, as determined by the 
                                Attorney General, including tracking and 
                                evaluation data collected according to 
                                marketing and advertising industry 
                                standards; and
                                    (II) ensure that the effectiveness 
                                of the national media campaign is 
                                evaluated in a manner that enables 
                                consideration of whether the national 
                                media campaign has contributed to 
                                changes in attitude or behaviors among 
                                the target audience with respect to 
                                violence against women and such other 
                                measures of evaluation as the Attorney 
                                General determines are appropriate.
            (4) Advertising.--In carrying out this subsection, the 
        Director shall ensure that sufficient funds are allocated to 
        meet the stated goals of the national media campaign.
            (5) Responsibilities and functions under the program.--
                    (A) <<NOTE: Determination.>>  In general.--The 
                Director shall determine the overall purposes and 
                strategy of the national media campaign.
                    (B) Director.--
                          (i) <<NOTE: Approvals.>>  In general.--The 
                      Director shall approve--
                                    (I) the strategy of the national 
                                media campaign;
                                    (II) all advertising and promotional 
                                material used in the national media 
                                campaign; and
                                    (III) the plan for the purchase of 
                                advertising time and space for the 
                                national media campaign.
                          (ii) Implementation.--The Director shall be 
                      responsible for implementing a focused national 
                      media campaign to meet the purposes described in 
                      paragraph (2) and shall ensure--
                                    (I) information disseminated through 
                                the campaign is accurate and 
                                scientifically valid; and
                                    (II) the campaign is designed using 
                                strategies demonstrated to be the most 
                                effective at achieving

[[Page 136 STAT. 934]]

                                the goals and requirements of paragraph 
                                (2), which may include--
                                            (aa) a media campaign, as 
                                        described in paragraph (3);
                                            (bb) local, regional, or 
                                        population specific messaging;
                                            (cc) the development of 
                                        websites to publicize and 
                                        disseminate information;
                                            (dd) conducting outreach and 
                                        providing educational resources 
                                        for women;
                                            (ee) collaborating with law 
                                        enforcement agencies; and
                                            (ff) providing support for 
                                        school-based public health 
                                        education classes to improve 
                                        teen knowledge about the effects 
                                        of violence against women.
            (6) Prohibitions.--None of the amounts made available under 
        paragraph (3) may be obligated or expended for any of the 
        following:
                    (A) To supplant current antiviolence against women 
                campaigns by community-based coalitions.
                    (B) To supplant pro bono public service time donated 
                by national and local broadcasting networks for other 
                public service campaigns.
                    (C) For partisan political purposes, or to express 
                advocacy in support of or to defeat any clearly 
                identified candidate, clearly identified ballot 
                initiative, or clearly identified legislative or 
                regulatory proposal.
                    (D) To fund advertising that features any elected 
                officials, persons seeking elected office, cabinet level 
                officials, or other Federal officials employed pursuant 
                to schedule C of subpart C of title 5, Code of Federal 
                Regulations.
                    (E) To fund advertising that does not contain a 
                primary message intended to reduce or prevent violence 
                against women.
                    (F) To fund advertising containing a primary message 
                intended to promote support for the national media 
                campaign or private sector contributions to the national 
                media campaign.
            (7) Financial and performance accountability.--The Director 
        shall cause to be performed--
                    (A) audits and reviews of costs of the national 
                media campaign pursuant to section 4706 of title 41, 
                United States Code; and
                    (B) <<NOTE: Determination.>>  an audit to determine 
                whether the costs of the national media campaign are 
                allowable under chapter 43 of title 41, United States 
                Code.
            (8) Report to congress.--The Director shall submit on an 
        annual basis a report to Congress that describes--
                    (A) the strategy of the national media campaign and 
                whether specific objectives of the national media 
                campaign were accomplished;
                    (B) steps taken to ensure that the national media 
                campaign operates in an effective and efficient manner 
                consistent with the overall strategy and focus of the 
                national media campaign;
                    (C) plans to purchase advertising time and space;

[[Page 136 STAT. 935]]

                    (D) policies and practices implemented to ensure 
                that Federal funds are used responsibly to purchase 
                advertising time and space and eliminate the potential 
                for waste, fraud, and abuse;
                    (E) all contracts entered into with a corporation, 
                partnership, or individual working on behalf of the 
                national media campaign;
                    (F) the results of any financial audit of the 
                national media campaign;
                    (G) a description of any evidence used to develop 
                the national media campaign;
                    (H) specific policies and steps implemented to 
                ensure compliance with this subsection;
                    (I) a detailed accounting of the amount of funds 
                obligated during the previous fiscal year for carrying 
                out the national media campaign, including each 
                recipient of funds, the purpose of each expenditure, the 
                amount of each expenditure, any available outcome 
                information, and any other information necessary to 
                provide a complete accounting of the funds expended; and
                    (J) a review and evaluation of the effectiveness of 
                the national media campaign strategy for the previous 
                year.
            (9) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There are authorized to be appropriated to the 
        Director to carry out this section $5,000,000 for each of fiscal 
        years 2023 through 2027, to remain available until expended.
SEC. 1311. TECHNICAL CORRECTION TO VICTIMS OF CRIME ACT.

    Section 1403(a)(1) of the Victims of Crime Act of 1984 (34 U.S.C. 
20102(a)(1)) is amended by striking ``paragraph (3)'' and inserting 
``paragraph (4)''.
SEC. 1312. ELIMINATING THE MARRIAGE DEFENSE TO STATUTORY RAPE.

    Section 2243(c) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``(1) In a'' and inserting 
        ``In a''; and
            (2) by striking paragraph (2).
SEC. 1313. <<NOTE: 34 USC 10112.>>  SENIOR POLICY ADVISOR ON 
                          CULTURALLY SPECIFIC COMMUNITIES WITHIN 
                          THE OFFICE OF JUSTICE PROGRAMS.

    (a) Establishment; Duties.--There shall be a Senior Policy Advisor 
on Culturally Specific Communities within the Office of Justice Programs 
who shall, under the guidance and authority of the Assistant Attorney 
General of the Office of Justice Programs--
            (1) advise on the administration of grants related to 
        culturally specific (as defined in section 40002(a) of the 
        Violence Against Women Act of 1994 (34 U.S.C. 12291(a))) 
        services and contracts with culturally specific organizations;
            (2) coordinate development of Federal policy, protocols, and 
        guidelines on matters relating to domestic violence, dating 
        violence, sexual assault, and stalking (as those terms are 
        defined in section 40002(a) of the Violence Against Women Act of 
        1994 (34 U.S.C. 12291(a)), in culturally specific communities;

[[Page 136 STAT. 936]]

            (3) advise the Assistant Attorney General for the Office of 
        Justice Programs concerning policies, legislation, 
        implementation of laws, and other issues relating to domestic 
        violence, dating violence, sexual assault, and stalking in 
        culturally specific communities;
            (4) provide technical assistance, coordination, and support 
        to other offices and bureaus in the Department of Justice to 
        develop policy and to enforce Federal laws relating to domestic 
        violence, dating violence, sexual assault, and stalking in 
        culturally specific communities;
            (5) ensure that appropriate technical assistance, developed 
        and provided by entities having expertise in culturally specific 
        communities, is made available to grantees and potential 
        grantees proposing to serve culturally specific communities; and
            (6) ensure access to grants and technical assistance for 
        culturally specific organizations and analyze the distribution 
        of funding in order to identify barriers for culturally specific 
        organizations.

    (b) Qualifications.--The Senior Policy Advisor on Culturally 
Specific Communities shall be an individual with--
            (1) personal, lived, and work experience from a culturally 
        specific community; and
            (2) a demonstrated history of and expertise in addressing 
        domestic violence or sexual assault in a nongovernmental agency.

    (c) <<NOTE: Deadline.>>  Initial Appointment.--Not later than 120 
days after the date of enactment of this Act, the Assistant Attorney 
General of the Office of Justice Programs shall appoint an individual as 
Senior Policy Advisor on Culturally Specific Communities.
SEC. 1314. <<NOTE: 20 USC 1689.>>  TASK FORCE ON SEXUAL VIOLENCE 
                          IN EDUCATION.

    (a) <<NOTE: Deadline. Recommenda- tions.>>  Task Force on Sexual 
Violence in Education.--Not later than September 1, 2022, the Secretary 
of Education, the Secretary of Health and Human Services, and the 
Attorney General shall establish a joint interagency task force to be 
known as the ``Task Force on Sexual Violence in Education'' that shall--
            (1) <<NOTE: Public information.>>  provide pertinent 
        information to the Secretary of Education, the Attorney General, 
        Congress, and the public with respect to campus sexual violence 
        prevention, investigations, and responses, including the 
        creation of consistent, public complaint processes for 
        violations of title IX of the Education Amendments of 1972 (20 
        U.S.C. 1681 et seq.) and section 485(f) of the Higher Education 
        Act of 1965 (20 U.S.C. 1092(f));
            (2) provide recommendations to educational institutions for 
        establishing sexual assault prevention and response teams;
            (3) develop recommendations for educational institutions on 
        providing survivor resources, including health care, sexual 
        assault kits, sexual assault nurse examiners, culturally 
        responsive and inclusive standards of care, trauma-informed 
        services, and access to confidential advocacy and support 
        services;
            (4) develop recommendations in conjunction with student 
        groups for best practices for responses to and prevention of 
        sexual violence and dating violence for educational 
        institutions, taking into consideration an institution's size 
        and resources;

[[Page 136 STAT. 937]]

            (5) develop recommendations for educational institutions on 
        sex education, as appropriate, training for school staff, and 
        various equitable discipline models;
            (6) develop recommendations on culturally responsive and 
        inclusive approaches to supporting survivors, which include 
        consideration of race, ethnicity, national origin, religion, 
        immigrant status, lesbian, gay, bisexual, or transgender 
        (commonly referred to as ``LGBT'') status, ability, disability, 
        socio-economic status, exposure to trauma, and other compounding 
        factors;
            (7) solicit periodic input from a diverse group of 
        survivors, trauma specialists, advocates from national, State, 
        and local anti-sexual violence advocacy organizations, 
        institutions of higher education, and other public stakeholders;
            (8) <<NOTE: Assessment.>>  assess the Department of 
        Education's ability under section 902 of the Education 
        Amendments of 1972 (20 U.S.C. 1682) to levy intermediate fines 
        for noncompliance with title IX of the Education Amendments of 
        1972 (20 U.S.C. 1681 et seq.) and the advisability of additional 
        remedies for such noncompliance, in addition to the remedies 
        already available under Federal law; and
            (9) create a plan described in subsection (c).

    (b) Personnel Details.--
            (1) Authority to detail.--Notwithstanding any other 
        provision of law, the head of a component of any Federal agency 
        for which appropriations are authorized under the Violence 
        Against Women Act of 1994 (34 U.S.C. 13925 et seq.), or any 
        amendments made by that Act, may detail an officer or employee 
        of such component to the Task Force on Sexual Violence in 
        Education or to the Secretary of Education to assist the Task 
        Force with the duties described in subsection (a), as jointly 
        agreed to by the head of such component and the Task Force.
            (2) Terms of detail.--A personnel detail made under 
        paragraph (1) may be made--
                    (A) <<NOTE: Time period.>>  for a period of not more 
                than 3 years; and
                    (B) <<NOTE: Reimbursement.>>  on a reimbursable or 
                nonreimbursable basis.

    (c) <<NOTE: Deadline. Recommenda- tions.>>  Additional Plan.--Not 
later than 90 days after the date on which the Task Force on Sexual 
Violence in Education is established under subsection (a), the Task 
Force shall submit to Congress recommendations for recruiting, 
retaining, and training a highly-qualified workforce employed by the 
Department of Education to carry out investigation of complaints 
alleging a violation of title IX of the Education Amendments of 1972 (20 
U.S.C. 1681 et seq.) or section 485(f) of the Higher Education Act of 
1965 (20 U.S.C. 1092(f)), and enforcement of such title IX (20 U.S.C. 
1681 et seq.) or such section 485(f) (20 U.S.C. 1092(f)), with respect 
to sexual violence in education, which shall include--
            (1) <<NOTE: Assessment.>>  an assessment to identify gaps or 
        challenges in carrying out such investigation and enforcement, 
        which may include surveying the current investigative workforce 
        to solicit feedback on areas in need of improvement;
            (2) <<NOTE: Examination.>>  an examination of issues of 
        recruiting, retention, and the professional development of the 
        current investigative workforce, including the possibility of 
        providing retention bonuses or other forms of compensation for 
        the purpose of ensuring the Department of Education has the 
        capacity, in

[[Page 136 STAT. 938]]

        both personnel and skills, needed to properly perform its 
        mission and provide adequate oversight of educational 
        institutions;
            (3) <<NOTE: Assessment.>>  an assessment of the benefits of 
        outreach and training with both law enforcement agencies and 
        educational institutions with respect to such workforce;
            (4) <<NOTE: Examination.>>  an examination of best practices 
        for making educational institutions aware of the most effective 
        campus sexual violence prevention, investigation, and response 
        practices and identifying areas where more research should be 
        conducted; and
            (5) <<NOTE: Strategies.>>  strategies for addressing such 
        other matters as the Secretary of Education considers necessary 
        to sexual violence prevention, investigation, and responses.

    (d) <<NOTE: Public information.>>  Annual Reporting.--The Task Force 
on Sexual Violence in Education shall submit to Congress, and make 
publicly available, an annual report of its activities and any update of 
the plan required under subsection (c), including--
            (1) the number of complaints received regarding sexual 
        violence at educational institutions;
            (2) the number of open investigations of sexual violence at 
        educational institutions;
            (3) the number of such complaints that continued to 
        resolution;
            (4) the number of such complaints resolved using informal 
        resolution;
            (5) the average time to complete such an investigation;
            (6) the number of such investigations initiated based on 
        complaints; and
            (7) the number of such investigations initiated by the 
        Department of Education.

    (e) Definitions.--In this section:
            (1) Educational institution.--The term ``educational 
        institution'' includes an institution of higher education, an 
        elementary school, or a secondary school.
            (2) Elementary school; secondary school.--The terms 
        ``elementary school'' and ``secondary school'' have the meanings 
        given the terms in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (3) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
SEC. 1315. <<NOTE: Bree's Law.>>  BREE'S LAW.

    (a) <<NOTE: 42 USC 201 note.>>  Short Title.--This section may be 
cited as ``Bree's Law''.

    (b) Teen Dating Violence Prevention.--Section 1708 of the Public 
Health Service Act (42 U.S.C. 300u-7) is amended--
            (1) by striking subsection (c) and inserting the following:

    ``(c) Certain Demonstration Projects.--
            ``(1) <<NOTE: Grants.>>  In general.--In carrying out 
        subsection (b)(3), the Secretary may make grants to carry out 
        demonstration projects for the purpose of improving adolescent 
        health, including--
                    ``(A) projects to train health care providers in 
                providing services to adolescents; and
                    ``(B) projects to reduce the incidence of violence 
                among adolescents, particularly violence related to teen 
                dating,

[[Page 136 STAT. 939]]

                which shall include projects to develop and implement 
                educational program to increase abuse awareness and 
                prevention.
            ``(2) <<NOTE: Time period.>>  Authorization of 
        appropriations.--For the purpose of carrying out paragraph (1), 
        there are authorized to be appropriated $8,000,000 for each of 
        fiscal years 2023 through 2027.''; and
            (2) by adding at the end the following:

    ``(g) Interagency Work Group.--
            ``(1) Establishment.--The Secretary shall establish the 
        Federal Interagency Work Group on Teen Dating Violence (referred 
        to in this section as the `Work Group').
            ``(2) In general.--
                    ``(A) <<NOTE: Deadline. Appointments.>>  
                Composition.--Not later than 120 days after the date of 
                enactment of Bree's Law, the Secretary shall appoint 
                representatives to the Work Group from the 
                Administration for Children and Families, the Centers 
                for Disease Control and Prevention, the Health Resources 
                and Services Administration, the Department of 
                Education, the Department of Justice, and other Federal 
                agencies as determined appropriate by the Secretary.
                    ``(B) Consultation.--The Work Group shall consult 
                with--
                          ``(i) experts at the State, Tribal, and local 
                      levels with relevant backgrounds in reducing and 
                      preventing the incidence of teen dating violence;
                          ``(ii) victims of teen dating violence; and
                          ``(iii) family members of teens who were 
                      killed by a dating partner.
            ``(3) Duties.--The Work Group shall--
                    ``(A) examine all Federal efforts directed towards 
                reducing and preventing teen dating violence;
                    ``(B) identify strategies, resources, and supports 
                to improve State, Tribal, and local responses to the 
                incidence of teen dating violence;
                    ``(C) make recommendations to Congress for improving 
                Federal programs and efforts and coordination across 
                such programs and efforts to reduce and prevent teen 
                dating violence; and
                    ``(D) make recommendations for educating middle and 
                high school students on teen dating violence.
            ``(4) <<NOTE: Recommenda- tions.>>  Annual report to 
        secretary.--The Work Group shall annually prepare and submit to 
        the Secretary, the Committee on Health, Education, Labor, and 
        Pensions of the Senate, and the Committee on Education and Labor 
        of the House of Representatives, a report on the activities 
        carried out by the Work Group under subsection (c), including 
        recommendations to reduce and prevent teen dating violence.''.
SEC. 1316. <<NOTE: Fairness for Rape Kit Backlog Survivors Act of 
                          2022. 34 USC 10101 note.>>  FAIRNESS FOR 
                          RAPE KIT BACKLOG SURVIVORS ACT OF 2022.

    (a) Short Title.--This section may be cited as the ``Fairness for 
Rape Kit Backlog Survivors Act of 2022''.
    (b) Crime Victim Compensation.--Section 1403(b) of the Victims of 
Crime Act of 1984 (34 U.S.C. 20102(b)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) by redesignating paragraph (9) as paragraph (10); and

[[Page 136 STAT. 940]]

            (3) by inserting after paragraph (8) the following:
            ``(9) <<NOTE: Deadline.>>  beginning not later than 3 years 
        after the date of enactment of this paragraph, such program--
                    ``(A) <<NOTE: Waiver.>>  provides a waiver for any 
                application filing deadline imposed by the program for a 
                crime victim if--
                          ``(i) the crime victim is otherwise eligible 
                      for compensation; and
                          ``(ii) the delay in filing the application was 
                      a result of a delay in the testing of, or a delay 
                      in the DNA profile matching from, a sexual assault 
                      forensic examination kit or biological material 
                      collected as evidence related to a sexual offense; 
                      and
                    ``(B) does not require the crime victim to undergo 
                an appeals process to have the application of the crime 
                victim considered for a filing deadline waiver under 
                subparagraph (A); and''.
SEC. 1317. <<NOTE: Deadline. Federal Register, publication.>>  
                          STUDY RELATING TO STATE ACTIONS TO 
                          PROHIBIT AIDING AND ABETTING SEXUAL 
                          MISCONDUCT IN SCHOOLS.

    Not later than 30 days after the date of enactment of this Act, the 
Secretary of Education shall publish in the Federal Register the 
findings of the Department of Education's study, as described in the 
notice published in the Federal Register entitled ``Agency Information 
Collection Activities; Comment Request; Study of State Policies to 
Prohibit Aiding and Abetting Sexual Misconduct in Schools'' (84 Fed. 
Reg. 57708 (October 28, 2019)), reviewing State actions to prohibit, in 
accordance with section 8546 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7926), the aiding and abetting of sexual 
misconduct in schools.
SEC. 1318. <<NOTE: Supporting Access to Nurse Exams Act. 34 USC 
                          10101 note.>>  SUPPORTING ACCESS TO 
                          NURSE EXAMS ACT.

    (a) Short Title.--This section may be cited as the ``Supporting 
Access to Nurse Exams Act'' or the ``SANE Act''.
    (b) Definitions.--Section 304 of the DNA Sexual Assault Justice Act 
of 2004 (34 U.S.C. 40723) is amended by striking subsections (a), (b), 
and (c) and inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' 
        includes--
                    ``(A) a State, Tribal, or local government or 
                hospital;
                    ``(B) a sexual assault examination program, 
                including--
                          ``(i) a SANE program;
                          ``(ii) a SAFE program;
                          ``(iii) a SART program;
                          ``(iv) medical personnel, including a doctor 
                      or nurse, involved in treating victims of sexual 
                      assault; and
                          ``(v) a victim service provider involved in 
                      treating victims of sexual assault;
                    ``(C) a State sexual assault coalition;
                    ``(D) a health care facility, including a hospital 
                that provides sexual assault forensic examinations by a 
                qualified or certified SANE or SAFE;
                    ``(E) a sexual assault examination program that 
                provides SANE or SAFE training; and
                    ``(F) a community-based program that provides sexual 
                assault forensic examinations, including pediatric 
                forensic exams in a multidisciplinary setting, by a 
                qualified or

[[Page 136 STAT. 941]]

                certified SANE or SAFE outside of a traditional health 
                care setting.
            ``(2) Health care facility.--The term `health care facility' 
        means any State, local, Tribal, community, free, nonprofit, 
        academic, or private medical facility, including a hospital, 
        that provides emergency medical care to patients.
            ``(3) Medical forensic examination; mfe.--The term `medical 
        forensic examination' or `MFE' means an examination of a sexual 
        assault patient by a health care provider, who has specialized 
        education and clinical experience in the collection of forensic 
        evidence and treatment of these patients, which includes--
                    ``(A) gathering information from the patient for the 
                medical forensic history;
                    ``(B) an examination;
                    ``(C) coordinating treatment of injuries, 
                documentation of biological and physical findings, and 
                collection of evidence from the patient;
                    ``(D) documentation of findings;
                    ``(E) providing information, treatment, and 
                referrals for sexually transmitted infections, 
                pregnancy, suicidal ideation, alcohol and substance 
                abuse, and other non-acute medical concerns; and
                    ``(F) providing follow-up as needed to provide 
                additional healing, treatment, or collection of 
                evidence.
            ``(4) Pediatric sane and safe.--The term `pediatric SANE and 
        SAFE' means a SANE or SAFE who is trained to conduct sexual 
        assault forensic examinations on children and youth between the 
        ages of 0 and 18.
            ``(5) Qualified personnel.--The term `qualified personnel' 
        includes a registered or advanced practice nurse, physician, 
        doctor of osteopathy, or physician assistant who has specialized 
        training conducting medical forensic examinations.
            ``(6) Qualified sane and safe training program.--The term 
        `qualified SANE and SAFE training program' means a program 
        that--
                    ``(A) is qualified to prepare current and future 
                sexual assault nurse examiners to be profession-ready 
                and meet the applicable State and National certification 
                and licensure requirements, through didactic, clinical, 
                preceptor, or capstone programs that include longer-term 
                training;
                    ``(B) provides that preparation under a health care 
                model that uses trauma-informed techniques; and
                    ``(C) is approved as meeting the most recent 
                National Training Standards for Sexual Assault Medical 
                Forensic Examiners.
            ``(7) Rural area.--The term `rural area' has the meaning 
        given the term in section 40002 of the Violence Against Women 
        Act of 1994 (34 U.S.C. 12291).
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(9) Sexual assault.--The term `sexual assault' means any 
        nonconsensual sexual act or sexual contact proscribed by 
        Federal, Tribal, or State law, including when the individual 
        lacks capacity to consent.
            ``(10) Sexual assault forensic examiner; safe.--The term 
        `sexual assault forensic examiner' or `SAFE' means an

[[Page 136 STAT. 942]]

        individual who has specialized forensic training in treating 
        sexual assault survivors and conducting medical forensic 
        examinations.
            ``(11) Sexual assault forensic examination.--The term 
        `sexual assault forensic examination' means an examination of a 
        sexual assault patient by a health care provider, who has 
        specialized education and clinical experience in the collection 
        of forensic evidence and treatment of these patients, which 
        includes--
                    ``(A) gathering information from the patient for the 
                medical forensic history;
                    ``(B) an examination;
                    ``(C) coordinating treatment of injuries, 
                documentation of biological and physical findings, and 
                collection of evidence from the patient;
                    ``(D) documentation of findings;
                    ``(E) providing information, treatment, and 
                referrals for sexually transmitted infections, 
                pregnancy, suicidal ideation, alcohol and substance 
                abuse, and other non-acute medical concerns; and
                    ``(F) providing follow-up as needed to provide 
                additional healing, treatment, or collection of 
                evidence.
            ``(12) Sexual assault nurse examiner; sane.--The term 
        `sexual assault nurse examiner' or `SANE' means a registered or 
        advanced practice nurse who has specialized training conducting 
        medical forensic examinations.
            ``(13) Sexual assault response team; sart.--The term `sexual 
        assault response team' or `SART' means a multidisciplinary team 
        that--
                    ``(A) provides a specialized and immediate response 
                to survivors of sexual assault; and
                    ``(B) may include health care personnel, law 
                enforcement representatives, community-based survivor 
                advocates, prosecutors, and forensic scientists.
            ``(14) State.--The term `State' means any State of the 
        United States, the District of Columbia, and any territory or 
        possession of the United States.
            ``(15) Trauma-informed.--The term `trauma-informed' means, 
        with respect to services or training, services or training 
        that--
                    ``(A) use a patient-centered approach to providing 
                services or care;
                    ``(B) promote the dignity, strength, and empowerment 
                of patients who have experienced trauma; and
                    ``(C) incorporate evidence-based practices based on 
                knowledge about the impact of trauma on patients' lives.
            ``(16) Underserved populations.--The term `underserved 
        populations' has the meaning given the term in section 40002 of 
        the Violence Against Women Act of 1994 (34 U.S.C. 12291).''.

    (c) Sexual Assault Nurse Examiner Grants.--Section 304 of the DNA 
Sexual Assault Justice Act of 2004 (34 U.S.C. 40723) is amended by 
inserting after subsection (a), as amended by subsection (b) of this 
section, the following:
    ``(b) Sexual Assault Nurse Examiner Training Program Grants.--

[[Page 136 STAT. 943]]

            ``(1) <<NOTE: Consultation.>>  Authorization for grants.--
        The Attorney General, in consultation with the Secretary, shall 
        make grants to eligible entities for the following purposes:
                    ``(A) To establish qualified regional SANE training 
                programs--
                          ``(i) to provide clinical education for SANE 
                      students;
                          ``(ii) to provide salaries for full and part-
                      time SANE instructors, including those 
                      specializing in pediatrics and working in a 
                      multidisciplinary team setting, to help with the 
                      clinical training of SANEs; and
                          ``(iii) to provide access to simulation 
                      laboratories and other resources necessary for 
                      clinical education.
                    ``(B) To provide full and part time salaries for 
                SANEs and SAFEs, including pediatric SANEs and SAFEs.
                    ``(C) To increase access to SANEs and SAFEs by 
                otherwise providing training, education, or technical 
                assistance relating to the collection, preservation, 
                analysis, and use of DNA samples and DNA evidence by 
                SANEs, SAFEs, and other qualified personnel.
            ``(2) <<NOTE: Certification.>>  Preference for grants.--In 
        reviewing applications for grants under this section, the 
        Attorney General shall give preference to any eligible entity 
        that certifies in the grant application that the entity will 
        coordinate with a rape crisis center or the State sexual assault 
        coalition to facilitate sexual assault advocacy to support 
        sexual assault survivors and use the grant funds to--
                    ``(A) establish qualified SANE training programs in 
                localities with a high volume of forensic trauma cases, 
                including adult and child sexual assault, domestic 
                violence, elder abuse, sex trafficking, and 
                strangulation cases;
                    ``(B) increase the local and regional availability 
                of full and part time sexual assault nurse examiners in 
                a rural area, Tribal area, an area with a health 
                professional shortage, or for an underserved population, 
                including efforts to provide culturally competent 
                services; or
                    ``(C) establish or sustain sexual assault mobile 
                teams or units or otherwise enhance SANE and SAFE access 
                through telehealth.''.

    (d) Directive.--Section 304 of the DNA Sexual Assault Justice Act of 
2004 (34 U.S.C. 40723) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (b), as added by 
        subsection (c) of this section, the following:

    ``(c) Directive to the Attorney General.--
            ``(1) <<NOTE: Deadline. Coordination.>>  In general.--Not 
        later than the beginning of fiscal year 2022, the Attorney 
        General shall coordinate with the Secretary to inform health 
        care facilities, including Federally qualified health centers 
        and hospitals, colleges and universities, and other appropriate 
        health-related entities about--
                    ``(A) the availability of grant funding under this 
                section; and
                    ``(B) the role of sexual assault nurse examiners, 
                both adult and pediatric, and available resources of the 
                Department of Justice and the Department of Health and 
                Human Services to train or employ sexual assault nurses 
                examiners to address the needs of communities dealing 
                with sexual

[[Page 136 STAT. 944]]

                assault, domestic violence, sex trafficking, elder 
                abuse, strangulation, and, in particular, the need for 
                pediatric SANEs, including such nurse examiners working 
                in the multidisciplinary setting, in responding to abuse 
                of both children and adolescents.
            ``(2) Requirement.--In carrying out paragraph (1), the 
        Attorney General shall collaborate with nongovernmental 
        organizations representing SANEs.

    ``(d) Public Information on Access to Sexual Assault Forensic 
Examinations.--
            ``(1) <<NOTE: Deadline. Consultation. Updates. Website.>>  
        In general.--Not later than 2 years after the date of enactment 
        of the Supporting Access to Nurse Exams Act, the Attorney 
        General, in consultation with the Secretary, shall establish, 
        and update annually, a public website on the access to forensic 
        nurse examiners.
            ``(2) Contents.--The website required under paragraph (1) 
        shall with specificity describe, by State--
                    ``(A) funding opportunities for SANE training and 
                continuing education; and
                    ``(B) the availability of sexual assault advocates 
                at locations providing sexual assault forensic exams.
            ``(3) <<NOTE: Consultation.>>  Report to congress.--Not 
        later than 4 years after the date of enactment of the Supporting 
        Access to Nurse Exams Act, the Attorney General, in consultation 
        with the Secretary, shall submit to the Committee on the 
        Judiciary of the Senate, the Committee on Health, Education, 
        Labor, and Pensions of the Senate, the Committee on the 
        Judiciary of the House of Representatives, and the Committee on 
        Energy and Commerce of the House of Representatives a report 
        on--
                    ``(A) the availability of, and patient access to, 
                trained SANEs and other providers who perform MFEs or 
                sexual assault forensic examinations;
                    ``(B) the health care facilities, including 
                hospitals or clinics, that offer SANEs and sexual 
                assault forensic examinations and whether each health 
                care facility, including a hospital or clinic, has full-
                time, part-time, or on-call coverage;
                    ``(C) regional, provider, or other barriers to 
                access for SANE care and services, including MFEs and 
                sexual assault forensic examinations;
                    ``(D) State requirements, minimum standards, and 
                protocols for training SANEs, including trauma-informed 
                and culturally competent training standards;
                    ``(E) State requirements, minimum standards, and 
                protocols for training emergency services personnel 
                involved in MFEs and sexual assault forensic 
                examinations;
                    ``(F) the availability of sexual assault nurse 
                examiner training, frequency of when training is 
                convened, the providers of such training, the State's 
                role in such training, and what process or procedures 
                are in place for continuing education of such examiners;
                    ``(G) the dedicated Federal and State funding to 
                support SANE training;
                    ``(H) funding opportunities for SANE training and 
                continuing education;

[[Page 136 STAT. 945]]

                    ``(I) the availability of sexual assault advocates 
                at locations providing MFEs and sexual assault forensic 
                exams; and
                    ``(J) the total annual cost of conducting sexual 
                assault forensic exams described in section 2010(b) of 
                title I of the Omnibus Crime Control and Safe Streets 
                Act of 1968 (34 U.S.C. 10449(b)).''.

    (e) Authorization of Appropriations.--Subsection (e) of section 304 
of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723), as 
redesignated by subsection (d) of this section, is amended to read as 
follows:
    ``(e) <<NOTE: Time period.>>  Authorization of Appropriations.--
There are authorized to be appropriated $30,000,000 for each of fiscal 
years 2023 through 2027 to carry out this section.''.

                    TITLE XIV--CYBERCRIME ENFORCEMENT

SEC. 1401. <<NOTE: 34 USC 30107.>>  LOCAL LAW ENFORCEMENT GRANTS 
                          FOR ENFORCEMENT OF CYBERCRIMES.

    (a) Definitions.--In this section:
            (1) Computer.--The term ``computer'' includes a computer 
        network and an interactive electronic device.
            (2) Cybercrime against individuals.--The term ``cybercrime 
        against individuals''--
                    (A) means a criminal offense applicable in the area 
                under the jurisdiction of the relevant State, Indian 
                Tribe, or unit of local government that involves the use 
                of a computer to harass, threaten, stalk, extort, 
                coerce, cause fear to, or intimidate an individual, or 
                without consent distribute intimate images of an adult, 
                except that use of a computer need not be an element of 
                such an offense; and
                    (B) does not include the use of a computer to cause 
                harm to a commercial entity, government agency, or non-
                natural person.
            (3) Indian tribe; state; tribal government; unit of local 
        government.--The terms ``Indian Tribe'', ``State'', ``Tribal 
        government'', and ``unit of local government'' have the meanings 
        given such terms in section 40002(a) of the Violence Against 
        Women Act of 1994 (34 U.S.C. 12291(a)), as amended by this Act.

    (b) Authorization of Grant Program.--Subject to the availability of 
appropriations, the Attorney General shall award grants under this 
section to States, Indian Tribes, and units of local government for the 
prevention, enforcement, and prosecution of cybercrimes against 
individuals.
    (c) Application.--
            (1) <<NOTE: Deadline.>>  In general.--To request a grant 
        under this section, the chief executive officer of a State, 
        Tribal government, or unit of local government shall submit an 
        application to the Attorney General not later than 90 days after 
        the date on which funds to carry out this section are 
        appropriated for a fiscal year, in such form as the Attorney 
        General may require.
            (2) Contents.--An application submitted under paragraph (1) 
        shall include the following:

[[Page 136 STAT. 946]]

                    (A) <<NOTE: Certification.>>  A certification that 
                Federal funds made available under this section will not 
                be used to supplant State, Tribal, or local funds, but 
                will be used to increase the amounts of such funds that 
                would, in the absence of Federal funds, be made 
                available for law enforcement activities.
                    (B) <<NOTE: Deadline.>>  An assurance that, not 
                later than 30 days before the application (or any 
                amendment to the application) was submitted to the 
                Attorney General, the application (or amendment) was 
                submitted for review to the governing body of the State, 
                Tribe, or unit of local government (or to an 
                organization designated by that governing body).
                    (C) An assurance that, before the application (or 
                any amendment to the application) was submitted to the 
                Attorney General--
                          (i) <<NOTE: Public information.>>  the 
                      application (or amendment) was made public; and
                          (ii) <<NOTE: Public comment.>>  an opportunity 
                      to comment on the application (or amendment) was 
                      provided to citizens, to neighborhood or 
                      community-based organizations, and to victim 
                      service providers, to the extent applicable law or 
                      established procedure makes such an opportunity 
                      available;
                    (D) <<NOTE: Data. Records.>>  An assurance that, for 
                each fiscal year covered by an application, the 
                applicant shall maintain and report such data, records, 
                and information (programmatic and financial) as the 
                Attorney General may reasonably require.
                    (E) <<NOTE: Certification. Regulations.>>  A 
                certification, made in a form acceptable to the Attorney 
                General and executed by the chief executive officer of 
                the applicant (or by another officer of the applicant, 
                if qualified under regulations promulgated by the 
                Attorney General), that--
                          (i) the programs to be funded by the grant 
                      meet all the requirements of this section;
                          (ii) all the information contained in the 
                      application is correct;
                          (iii) there has been appropriate coordination 
                      with affected agencies; and
                          (iv) <<NOTE: Compliance.>>  the applicant will 
                      comply with all provisions of this section and all 
                      other applicable Federal laws.
                    (F) <<NOTE: Certification.>>  A certification that 
                the State, Tribe, or in the case of a unit of local 
                government, the State in which the unit of local 
                government is located, has in effect criminal laws which 
                prohibit cybercrimes against individuals.
                    (G) <<NOTE: Certification.>>  A certification that 
                any equipment described in subsection (d)(8) purchased 
                using grant funds awarded under this section will be 
                used primarily for investigations and forensic analysis 
                of evidence in matters involving cybercrimes against 
                individuals.

    (d) Use of Funds.--Grants awarded under this section may be used 
only for programs that provide--
            (1) training for State, Tribal, or local law enforcement 
        personnel relating to cybercrimes against individuals, 
        including--
                    (A) training such personnel to identify and protect 
                victims of cybercrimes against individuals, provided 
                that the training is developed in collaboration with 
                victim service providers;

[[Page 136 STAT. 947]]

                    (B) training such personnel to utilize Federal, 
                State, Tribal, local, and other resources to assist 
                victims of cybercrimes against individuals;
                    (C) training such personnel to identify and 
                investigate cybercrimes against individuals;
                    (D) training such personnel to enforce and utilize 
                the laws that prohibit cybercrimes against individuals;
                    (E) training such personnel to utilize technology to 
                assist in the investigation of cybercrimes against 
                individuals and enforcement of laws that prohibit such 
                crimes; and
                    (F) the payment of overtime incurred as a result of 
                such training;
            (2) training for State, Tribal, or local prosecutors, 
        judges, and judicial personnel relating to cybercrimes against 
        individuals, including--
                    (A) training such personnel to identify, 
                investigate, prosecute, or adjudicate cybercrimes 
                against individuals;
                    (B) training such personnel to utilize laws that 
                prohibit cybercrimes against individuals;
                    (C) training such personnel to utilize Federal, 
                State, Tribal, local, and other resources to assist 
                victims of cybercrimes against individuals; and
                    (D) training such personnel to utilize technology to 
                assist in the prosecution or adjudication of acts of 
                cybercrimes against individuals, including the use of 
                technology to protect victims of such crimes;
            (3) training for State, Tribal, or local emergency dispatch 
        personnel relating to cybercrimes against individuals, 
        including--
                    (A) training such personnel to identify and protect 
                victims of cybercrimes against individuals;
                    (B) training such personnel to utilize Federal, 
                State, Tribal, local, and other resources to assist 
                victims of cybercrimes against individuals;
                    (C) training such personnel to utilize technology to 
                assist in the identification of and response to 
                cybercrimes against individuals; and
                    (D) the payment of overtime incurred as a result of 
                such training;
            (4) assistance to State, Tribal, or local law enforcement 
        agencies in enforcing laws that prohibit cybercrimes against 
        individuals, including expenses incurred in performing 
        enforcement operations, such as overtime payments;
            (5) assistance to State, Tribal, or local law enforcement 
        agencies in educating the public in order to prevent, deter, and 
        identify violations of laws that prohibit cybercrimes against 
        individuals;
            (6) assistance to State, Tribal, or local law enforcement 
        agencies to support the placement of victim assistants to serve 
        as liaisons between victims of cybercrimes against individuals 
        and personnel of law enforcement agencies;
            (7) assistance to State, Tribal, or local law enforcement 
        agencies to establish task forces that operate solely to conduct 
        investigations, forensic analyses of evidence, and prosecutions 
        in matters involving cybercrimes against individuals;

[[Page 136 STAT. 948]]

            (8) assistance to State, Tribal, or local law enforcement 
        agencies and prosecutors in acquiring computers, computer 
        equipment, and other equipment necessary to conduct 
        investigations and forensic analysis of evidence in matters 
        involving cybercrimes against individuals, including expenses 
        incurred in the training, maintenance, or acquisition of 
        technical updates necessary for the use of such equipment for 
        the duration of a reasonable period of use of such equipment;
            (9) assistance in the facilitation and promotion of sharing, 
        with State, Tribal, and local law enforcement agencies and 
        prosecutors, of the expertise and information of Federal law 
        enforcement agencies about the investigation, analysis, and 
        prosecution of matters involving laws that prohibit cybercrimes 
        against individuals, including the use of multijurisdictional 
        task forces; or
            (10) assistance to State, Tribal, and local law enforcement 
        and prosecutors in processing interstate extradition requests 
        for violations of laws involving cybercrimes against 
        individuals, including expenses incurred in the extradition of 
        an offender from one State to another.

    (e) <<NOTE: Time period.>>  Reports to the Attorney General.--On the 
date that is 1 year after the date on which a State, Indian Tribe, or 
unit of local government receives a grant under this section, and 
annually thereafter, the chief executive officer of the State, Tribal 
government, or unit of local government shall submit to the Attorney 
General a report which contains--
            (1) <<NOTE: Summary.>>  a summary of the activities carried 
        out during the previous year with any grant received under this 
        section by such State, Indian Tribe, or unit of local 
        government;
            (2) <<NOTE: Evaluation.>>  an evaluation of the results of 
        such activities; and
            (3) such other information as the Attorney General may 
        reasonably require.

    (f) <<NOTE: Time periods.>>  Reports to Congress.--Not later than 
November 1 of each even-numbered fiscal year, the Attorney General shall 
submit to the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate a report that contains 
a compilation of the information contained in the reports submitted 
under subsection (e).

    (g) Authorization of Appropriations.--
            (1) <<NOTE: Time period.>>  In general.--There are 
        authorized to be appropriated to carry out this section 
        $10,000,000 for each of fiscal years 2023 through 2027.
            (2) Limitation.--Of the amount made available under 
        paragraph (1) in any fiscal year, not more than 5 percent may be 
        used for evaluation, monitoring, technical assistance, salaries, 
        and administrative expenses.
SEC. 1402. <<NOTE: 34 USC 30108.>>  NATIONAL RESOURCE CENTER 
                          GRANT.

    (a) Definitions.--In this section:
            (1) Cybercrime against individuals.--The term ``cybercrime 
        against individuals'' has the meaning given such term in section 
        1401.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        nonprofit private organization that--
                    (A) focuses on cybercrimes against individuals;

[[Page 136 STAT. 949]]

                    (B) provides documentation to the Attorney General 
                demonstrating experience working directly on issues of 
                cybercrimes against individuals; and
                    (C) includes on the organization's advisory board 
                representatives who--
                          (i) have a documented history of working 
                      directly on issues of cybercrimes against 
                      individuals;
                          (ii) have a history of working directly with 
                      victims of cybercrimes against individuals; and
                          (iii) are geographically and culturally 
                      diverse.

    (b) Authorization of Grant Program.--Subject to the availability of 
appropriations, the Attorney General shall award a grant under this 
section to an eligible entity for the purpose of the establishment and 
maintenance of a National Resource Center on Cybercrimes Against 
Individuals to provide resource information, training, and technical 
assistance to improve the capacity of individuals, organizations, 
governmental entities, and communities to prevent, enforce, and 
prosecute cybercrimes against individuals.
    (c) Application.--
            (1) <<NOTE: Deadline.>>  In general.--To request a grant 
        under this section, an eligible entity shall submit an 
        application to the Attorney General not later than 90 days after 
        the date on which funds to carry out this section are 
        appropriated for fiscal year 2022 in such form as the Attorney 
        General may require.
            (2) Contents.--An application submitted under paragraph (1) 
        shall include the following:
                    (A) An assurance that, for each fiscal year covered 
                by the application, the applicant will maintain and 
                report such data, records, and information (programmatic 
                and financial) as the Attorney General may reasonably 
                require.
                    (B) <<NOTE: Certification.>>  A certification, made 
                in a form acceptable to the Attorney General, that--
                          (i) the programs funded by the grant meet all 
                      the requirements of this section;
                          (ii) all the information contained in the 
                      application is correct; and
                          (iii) <<NOTE: Compliance.>>  the applicant 
                      will comply with all provisions of this section 
                      and all other applicable Federal laws.

    (d) <<NOTE: Establishment.>>  Use of Funds.--The eligible entity 
awarded a grant under this section shall use such amounts for the 
establishment and maintenance of a National Resource Center on 
Cybercrimes Against Individuals, which shall--
            (1) offer a comprehensive array of technical assistance and 
        training resources to Federal, State, and local governmental 
        agencies, community-based organizations, and other professionals 
        and interested parties related to cybercrimes against 
        individuals, including programs and research related to victims;
            (2) maintain a resource library which shall collect, 
        prepare, analyze, and disseminate information and statistics 
        related to--
                    (A) the incidence of cybercrimes against 
                individuals;
                    (B) the enforcement and prosecution of laws relating 
                to cybercrimes against individuals; and
                    (C) the provision of supportive services and 
                resources for victims, including victims from 
                underserved populations, of cybercrimes against 
                individuals; and
            (3) conduct research related to--
                    (A) the causes of cybercrimes against individuals;

[[Page 136 STAT. 950]]

                    (B) the effect of cybercrimes against individuals on 
                victims of such crimes; and
                    (C) model solutions to prevent or deter cybercrimes 
                against individuals or to enforce the laws relating to 
                cybercrimes against individuals.

    (e) Duration of Grant.--
            (1) In general.--A grant awarded under this section shall be 
        awarded for a period of 5 years.
            (2) Renewal.--A grant under this section may be renewed for 
        additional 5-year periods if the Attorney General determines 
        that the funds made available to the recipient were used in a 
        manner described in subsection (d), and if the recipient 
        resubmits an application described in subsection (c) in such 
        form, and at such time, as the Attorney General may reasonably 
        require.

    (f) Subgrants.--The eligible entity awarded a grant under this 
section may make subgrants to other nonprofit private organizations with 
relevant subject matter expertise in order to establish and maintain the 
National Resource Center on Cybercrimes Against Individuals in 
accordance with subsection (d).
    (g) <<NOTE: Time period.>>  Reports to the Attorney General.--On the 
date that is 1 year after the date on which an eligible entity receives 
a grant under this section, and annually thereafter for the duration of 
the grant period, the entity shall submit to the Attorney General a 
report which contains--
            (1) <<NOTE: Summary.>>  a summary of the activities carried 
        out under the grant program during the previous year;
            (2) <<NOTE: Evaluation.>>  an evaluation of the results of 
        such activities; and
            (3) such other information as the Attorney General may 
        reasonably require.

    (h) <<NOTE: Time periods.>>  Reports to Congress.--Not later than 
November 1 of each even-numbered fiscal year, the Attorney General shall 
submit to the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate a report that contains 
a compilation of the information contained in the reports submitted 
under subsection (g).

    (i) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
are authorized to be appropriated to carry out this section $4,000,000 
for each of fiscal years 2023 through 2027.
SEC. 1403. <<NOTE: 34 USC 30109.>>  NATIONAL STRATEGY, 
                          CLASSIFICATION, AND REPORTING ON 
                          CYBERCRIME.

    (a) Definitions.--In this section:
            (1) Computer.--The term ``computer'' includes a computer 
        network and any interactive electronic device.
            (2) Cybercrime against individuals.--The term ``cybercrime 
        against individuals'' has the meaning given the term in section 
        1401.

    (b) National Strategy.--The Attorney General shall develop a 
national strategy to--
            (1) reduce the incidence of cybercrimes against individuals;
            (2) <<NOTE: Coordination.>>  coordinate investigations of 
        cybercrimes against individuals by Federal law enforcement 
        agencies;
            (3) increase the number of Federal prosecutions of 
        cybercrimes against individuals; and

[[Page 136 STAT. 951]]

            (4) <<NOTE: Evaluation.>>  develop an evaluation process 
        that measures rates of cybercrime victimization and 
        prosecutorial rates among Tribal and culturally specific 
        communities.

    (c) Classification of Cybercrimes Against Individuals for Purposes 
of Crime Reports.--In accordance with the authority of the Attorney 
General under section 534 of title 28, United States Code, the Director 
of the Federal Bureau of Investigation shall--
            (1) design and create within the Uniform Crime Reports a 
        category for offenses that constitute cybercrimes against 
        individuals;
            (2) to the extent feasible, within the category established 
        under paragraph (1), establish subcategories for each type of 
        cybercrime against individuals that is an offense under Federal 
        or State law;
            (3) classify the category established under paragraph (1) as 
        a Part I crime in the Uniform Crime Reports; and
            (4) classify each type of cybercrime against individuals 
        that is an offense under Federal or State law as a Group A 
        offense for the purpose of the National Incident-Based Reporting 
        System.

    (d) <<NOTE: Publication. Evaluation.>>  Annual Summary.--The 
Attorney General shall publish an annual summary of the information 
reported in the Uniform Crime Reports and the National Incident-Based 
Reporting System relating to cybercrimes against individuals, including 
an evaluation of the implementation process for the national strategy 
developed under subsection (b) and outcome measurements on its impact on 
Tribal and culturally specific communities.

  TITLE XV--KEEPING <<NOTE: Keeping Children Safe From Family Violence 
Act. Courts. 34 USC 10101 note.>>  CHILDREN SAFE FROM FAMILY VIOLENCE
SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Keeping Children Safe From Family 
Violence Act'' or ``Kayden's Law''.
SEC. 1502. <<NOTE: 34 USC 10446 note.>>  FINDINGS.

    Congress finds the following:
            (1) Approximately 1 in 15 children is exposed to domestic 
        violence each year.
            (2) Most child abuse is perpetrated in the family and by a 
        parent. Intimate partner violence and child abuse overlap in the 
        same families at rates between 30 and 60 percent. A child's risk 
        of abuse increases after a perpetrator of intimate partner 
        violence separates from a domestic partner, even when the 
        perpetrator has not previously directly abused the child. 
        Children who have witnessed intimate partner violence are 
        approximately 4 times more likely to experience direct child 
        maltreatment than children who have not witnessed intimate 
        partner violence.
            (3) More than 75 percent of child sexual abuse is 
        perpetrated by a family member or a person known to the child. 
        Data of the Department of Justice shows that family members are 
        49 percent, or almost half, of the perpetrators of crimes 
        against child sex assault victims younger than 6 years of age.
            (4) Research suggests a child's exposure to a batterer is 
        among the strongest indicators of risk of incest victimization.

[[Page 136 STAT. 952]]

        One study found that female children with fathers who are 
        batterers of their mothers were 6.5 times more likely to 
        experience father-daughter incest than female children who do 
        not have abusive fathers.
            (5) Child abuse is a major public health issue in the United 
        States. Total lifetime financial costs associated with just 1 
        year of confirmed cases of child maltreatment, including child 
        physical abuse, sexual abuse, psychological abuse, and neglect, 
        result in $124,000,000,000 in annual costs to the economy of the 
        United States, or approximately 1 percent of the gross domestic 
        product of the United States.
            (6) Empirical research indicates that courts regularly 
        discount allegations of child physical and sexual abuse when 
        those allegations are raised in child custody cases. Courts 
        believed less than \1/4\ of claims that a father has committed 
        child physical or sexual abuse. With respect to cases in which 
        an allegedly abusive parent claimed the mother ``alienated'' the 
        child, courts believed only 1 out of 51 claims of sexual 
        molestation by a father. Independent research indicates that 
        child sexual abuse allegations are credible between 50 and 70 
        percent of the time.
            (7) Empirical research shows that alleged or known abusive 
        parents are often granted custody or unprotected parenting time 
        by courts. Approximately \1/3\ of parents alleged to have 
        committed child abuse took primary custody from the protective 
        parent reporting the abuse, placing children at ongoing risk.
            (8) Researchers have documented nearly 800 child murders in 
        the United States since 2008 committed by a divorcing or 
        separating parent. More than 100 of these child murders are 
        known to have occurred after a court ordered the child to have 
        contact with the dangerous parent over the objection of a safe 
        parent or caregiver.
            (9) Scientifically unsound theories that treat abuse 
        allegations of mothers as likely false attempts to undermine 
        fathers are frequently applied in family court to minimize or 
        deny reports of abuse of parents and children. Many experts who 
        testify against abuse allegations lack expertise in the relevant 
        type of alleged abuse, relying instead on unsound and unproven 
        theories.
            (10) Judges presiding over custody cases involving 
        allegations of child abuse, child sexual abuse, and domestic 
        violence are rarely required to receive training on these 
        subjects, and most States have not established standards for 
        such training.
SEC. 1503. <<NOTE: 34 USC 10446 note.>>  PURPOSES.

    The purposes of this title are to--
            (1) increase the priority given to child safety in any State 
        court divorce, separation, visitation, paternity, child support, 
        civil protection order, or family custody court proceeding 
        affecting the custody and care of children, excluding child 
        protective, abuse, or neglect proceedings and juvenile justice 
        proceedings;
            (2) strengthen the abilities of courts to--
                    (A) recognize and adjudicate domestic violence and 
                child abuse allegations based on valid, admissible 
                evidence; and
                    (B) enter orders that protect and minimize the risk 
                of harm to children; and

[[Page 136 STAT. 953]]

            (3) ensure that professional personnel involved in cases 
        containing domestic violence or child abuse allegations receive 
        trauma-informed and culturally appropriate training on the 
        dynamics, signs, and impact of domestic violence and child 
        abuse, including child sexual abuse.
SEC. 1504. INCREASED FUNDING FOR STOP GRANTS.

    Section 2007 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10446) is amended by adding at the end 
the following:
    ``(k) Grant Increases for States With Certain Child Custody 
Proceeding Laws and Standards.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Child custody proceeding.--The term `child 
                custody proceeding'--
                          ``(i) means a private family court proceeding 
                      in State or local court that, with respect to a 
                      child, involves the care or custody of the child 
                      in a private divorce, separation, visitation, 
                      paternity, child support, legal or physical 
                      custody, or civil protection order proceeding 
                      between the parents of the child; and
                          ``(ii) does not include--
                                    ``(I) any child protective, abuse, 
                                or neglect proceeding;
                                    ``(II) a juvenile justice 
                                proceeding; or
                                    ``(III) any child placement 
                                proceeding in which a State, local, or 
                                Tribal government, a designee of such a 
                                government, or any contracted child 
                                welfare agency or child protective 
                                services agency of such a government is 
                                a party to the proceeding.
                    ``(B) Eligible state.--The term `eligible State' 
                means a State that--
                          ``(i) receives a grant under subsection (a); 
                      and
                          ``(ii) has in effect--
                                    ``(I) each law described in 
                                paragraph (3);
                                    ``(II) the standards described in 
                                paragraph (4); and
                                    ``(III) the training program 
                                described in paragraph (5).
                    ``(C) Reunification treatment.--The term 
                `reunification treatment' means a treatment or therapy 
                aimed at reuniting or reestablishing a relationship 
                between a child and an estranged or rejected parent or 
                other family member of the child.
            ``(2) Increase.--
                    ``(A) In general.--The Attorney General shall 
                increase the amount of a grant awarded under subsection 
                (a) to an eligible State that submits an application 
                under paragraph (6) by an amount that is not more than 
                10 percent of the average of the total amount of funding 
                provided to the State under subsection (a) under the 3 
                most recent awards to the State.
                    ``(B) Term of increase.--An increase of a grant 
                under subparagraph (A) shall be for 1 fiscal year.
                    ``(C) Renewal.--An eligible State that receives an 
                increase under subparagraph (A) may submit an 
                application for renewal of the increase at such time, in 
                such

[[Page 136 STAT. 954]]

                manner, and containing such information as the Attorney 
                General may reasonably require.
                    ``(D) <<NOTE: Time period.>>  Limit.--An eligible 
                State may not receive an increase under subparagraph (A) 
                for more than 4 fiscal years.
            ``(3) Laws.--The laws described in this paragraph are the 
        following:
                    ``(A) A law that ensures that, with respect to a 
                child custody proceeding in which a parent has been 
                alleged to have committed domestic violence or child 
                abuse, including child sexual abuse--
                          ``(i) expert evidence from a court-appointed 
                      or outside professional relating to the alleged 
                      abuse may be admitted only if the professional 
                      possesses demonstrated expertise and clinical 
                      experience in working with victims of domestic 
                      violence or child abuse, including child sexual 
                      abuse, that is not solely of a forensic nature; 
                      and
                          ``(ii) in making a finding regarding any 
                      allegation of domestic violence or child abuse, 
                      including child sexual abuse, in addition to any 
                      other relevant admissible evidence, evidence of 
                      past sexual or physical abuse committed by the 
                      accused parent shall be considered, including--
                                    ``(I) any past or current protection 
                                or restraining orders against the 
                                accused parent;
                                    ``(II) sexual violence abuse 
                                protection orders against the accused 
                                parent;
                                    ``(III) arrests of the accused 
                                parent for domestic violence, sexual 
                                violence, or child abuse; or
                                    ``(IV) convictions of the accused 
                                parent for domestic violence, sexual 
                                violence, or child abuse.
                    ``(B) A law that ensures that, during a child 
                custody proceeding--
                          ``(i) a court may not, solely in order to 
                      improve a deficient relationship with the other 
                      parent of a child, remove the child from a parent 
                      or litigating party--
                                    ``(I) who is competent, protective, 
                                and not physically or sexually abusive; 
                                and
                                    ``(II) with whom the child is bonded 
                                or to whom the child is attached;
                          ``(ii) a court may not, solely in order to 
                      improve a deficient relationship with the other 
                      parent of a child, restrict contact between the 
                      child and a parent or litigating party--
                                    ``(I) who is competent, protective, 
                                and not physically or sexually abusive; 
                                and
                                    ``(II) with whom the child is bonded 
                                or to whom the child is attached;
                          ``(iii) a court may not order a reunification 
                      treatment, unless there is generally accepted and 
                      scientifically valid proof of the safety, 
                      effectiveness, and therapeutic value of the 
                      reunification treatment;
                          ``(iv) a court may not order a reunification 
                      treatment that is predicated on cutting off a 
                      child from

[[Page 136 STAT. 955]]

                      a parent with whom the child is bonded or to whom 
                      the child is attached; and
                          ``(v) any order to remediate the resistance of 
                      a child to have contact with a violent or abusive 
                      parent primarily addresses the behavior of that 
                      parent or the contributions of that parent to the 
                      resistance of the child before ordering the other 
                      parent of the child to take steps to potentially 
                      improve the relationship of the child with the 
                      parent with whom the child resists contact.
                    ``(C) A law that requires judges and magistrates who 
                hear child custody proceedings and other relevant court 
                personnel involved in child custody proceedings, 
                including guardians ad litem, best interest attorneys, 
                counsel for children, custody evaluators, masters, and 
                mediators to complete, with respect to the training 
                program described in paragraph (5)--
                          ``(i) not less than 20 hours of initial 
                      training; and
                          ``(ii) <<NOTE: Time period.>>  not less than 
                      15 hours of ongoing training every 5 years.
            ``(4) Uniform required standards.--The standards described 
        in this paragraph are uniform required standards that--
                    ``(A) <<NOTE: Applicability.>>  apply to any neutral 
                professional appointed by a court during a child custody 
                proceeding to express an opinion relating to abuse, 
                trauma, or the behaviors of victims and perpetrators of 
                abuse and trauma; and
                    ``(B) <<NOTE: Requirement.>>  require that a 
                professional described in subparagraph (A) possess 
                demonstrated expertise and clinical experience in 
                working with victims of domestic violence or child 
                abuse, including child sexual abuse, that is not solely 
                of a forensic nature.
            ``(5) Training and education program.--The training program 
        described in this paragraph is an ongoing training and education 
        program that--
                    ``(A) focuses solely on domestic and sexual violence 
                and child abuse, including--
                          ``(i) child sexual abuse;
                          ``(ii) physical abuse;
                          ``(iii) emotional abuse;
                          ``(iv) coercive control;
                          ``(v) implicit and explicit bias, including 
                      biases relating to parents with disabilities;
                          ``(vi) trauma;
                          ``(vii) long- and short-term impacts of 
                      domestic violence and child abuse on children; and
                          ``(viii) victim and perpetrator behavior 
                      patterns and relationship dynamics within the 
                      cycle of violence;
                    ``(B) is provided by--
                          ``(i) a professional with substantial 
                      experience in assisting survivors of domestic 
                      violence or child abuse, including a victim 
                      service provider (as defined in section 40002 of 
                      the Violence Against Women Act of 1994 (34 U.S.C. 
                      12291)); and
                          ``(ii) if possible, a survivor of domestic 
                      violence or child physical or sexual abuse;

[[Page 136 STAT. 956]]

                    ``(C) relies on evidence-based and peer-reviewed 
                research by recognized experts in the types of abuse 
                described in subparagraph (A);
                    ``(D) does not include theories, concepts, or belief 
                systems unsupported by the research described in 
                subparagraph (C); and
                    ``(E) is designed to improve the ability of courts 
                to--
                          ``(i) recognize and respond to child physical 
                      abuse, child sexual abuse, domestic violence, and 
                      trauma in all family victims, particularly 
                      children; and
                          ``(ii) make appropriate custody decisions 
                      that--
                                    ``(I) prioritize child safety and 
                                well-being; and
                                    ``(II) are culturally sensitive and 
                                appropriate for diverse communities.
            ``(6) Application.--
                    ``(A) In general.--An eligible State desiring a 
                grant increase under this subsection shall submit an 
                application to the Attorney General at such time, in 
                such manner, and containing such information as the 
                Attorney General may reasonably require.
                    ``(B) Contents.--An application submitted by an 
                eligible State under subparagraph (A) shall include 
                information relating to--
                          ``(i) the laws described paragraph (3);
                          ``(ii) the standards described in paragraph 
                      (4); and
                          ``(iii) the training program described in 
                      paragraph (5).
            ``(7) Use of funds.--An eligible State that receives a grant 
        increase under paragraph (2)(A) shall use the total amount of 
        the increase for the purposes described in subparagraph (C) or 
        (D) of subsection (c)(4).
            ``(8) Rule of construction.--Nothing in this subsection 
        shall be interpreted as discouraging States from adopting 
        additional provisions to increase safe outcomes for children. 
        Additional protective provisions are encouraged.
            ``(9) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There are authorized to be appropriated to 
        carry out this subsection $5,000,000 for each of fiscal years 
        2023 through 2027.''.
SEC. 1505. SEXUAL ASSAULT SURVIVORS' RIGHTS.

    Section 3772(a)(2) of title 18, United States Code, is amended--
            (1) in subparagraph (B), by striking ``; and'' and inserting 
        a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) be informed of the status and location of a 
                sexual assault evidence collection kit.''.
SEC. 1506. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT 
                          PROTECTION ORDER PILOT PROGRAMS.

    Part U of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (34 U.S.C. 10461 et seq.) is amended--
            (1) by redesignating sections 2103, 2104, and 
        2105 <<NOTE: 34 USC 10463-10465.>>  as sections 2104, 2105, and 
        2106, respectively; and
            (2) by inserting after section 2102 the following:

[[Page 136 STAT. 957]]

``SEC. 2103. <<NOTE: 34 USC 10462a.>>  GRANTS TO STATE AND TRIBAL 
                          COURTS TO IMPLEMENT PROTECTION ORDER 
                          PILOT PROGRAMS.

    ``(a) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means a State or Tribal court that is part of a 
multidisciplinary partnership that includes, to the extent practicable--
            ``(1) a State, Tribal, or local law enforcement agency;
            ``(2) a State, Tribal, or local prosecutor's office;
            ``(3) a victim service provider or State or Tribal domestic 
        violence coalition;
            ``(4) a provider of culturally specific services;
            ``(5) a nonprofit program or government agency with 
        demonstrated experience in providing legal assistance or legal 
        advice to victims of domestic violence and sexual assault;
            ``(6) the bar association of the applicable State or Indian 
        Tribe;
            ``(7) the State or Tribal association of court clerks;
            ``(8) a State, Tribal, or local association of criminal 
        defense attorneys;
            ``(9) not fewer than 2 individuals with expertise in the 
        design and management of court case management systems and 
        systems of integration;
            ``(10) not fewer than 2 State or Tribal court judges with 
        experience in--
                    ``(A) the field of domestic violence; and
                    ``(B) issuing protective orders; and
            ``(11) a judge assigned to the criminal docket of the State 
        or Tribal court.

    ``(b) Grants Authorized.--
            ``(1) In general.--The Attorney General shall make grants to 
        eligible entities to carry out the activities described in 
        subsection (c) of this section.
            ``(2) Number.--The Attorney General may award not more than 
        10 grants under paragraph (1).
            ``(3) Amount.--The amount of a grant awarded under paragraph 
        (1) may be not more than $1,500,000.

    ``(c) Mandatory Activities.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this section shall use the grant funds, in consultation 
        with the partners of the eligible entity described in subsection 
        (a), to--
                    ``(A) develop and implement a program for properly 
                and legally serving protection orders through electronic 
                communication methods to--
                          ``(i) modernize the service process and make 
                      the process more effective and efficient;
                          ``(ii) provide for improved safety of victims; 
                      and
                          ``(iii) make protection orders enforceable as 
                      quickly as possible;
                    ``(B) develop best practices relating to the service 
                of protection orders through electronic communication 
                methods;
                    ``(C) ensure that the program developed under 
                subparagraph (A) complies with due process requirements 
                and any other procedures required by law or by a court; 
                and
                    ``(D) implement any technology necessary to carry 
                out the program developed under subparagraph (A), such 
                as

[[Page 136 STAT. 958]]

                technology to verify and track the receipt of a 
                protection order by the intended party.
            ``(2) Timeline.--An eligible entity that receives a grant 
        under this section shall--
                    ``(A) <<NOTE: Deadline.>>  implement the program 
                required under paragraph (1)(A) not later than 2 years 
                after the date on which the eligible entity receives the 
                grant; and
                    ``(B) <<NOTE: Time period.>>  carry out the program 
                required under paragraph (1)(A) for not fewer than 3 
                years.

    ``(d) Diversity of Recipients.--The Attorney General shall award 
grants under this section to eligible entities in a variety of areas and 
situations, including, to the extent practicable--
            ``(1) a State court that serves a population of not fewer 
        than 1,000,000 individuals;
            ``(2) a State court that--
                    ``(A) serves a State that is among the 7 States with 
                the lowest population density in the United States; and
                    ``(B) has a relatively low rate of successful 
                service with respect to protection orders, as determined 
                by the Attorney General;
            ``(3) a State court that--
                    ``(A) serves a State that is among the 7 States with 
                the highest population density in the United States; and
                    ``(B) has a relatively low rate of successful 
                service with respect to protection orders, as determined 
                by the Attorney General;
            ``(4) a court that uses an integrated, statewide case 
        management system;
            ``(5) a court that uses a standalone case management system;
            ``(6) a Tribal court; and
            ``(7) a court that primarily serves a culturally specific 
        and underserved population.

    ``(e) Application.--
            ``(1) In general.--An eligible entity desiring a grant under 
        this section shall submit to the Attorney General an application 
        that includes--
                    ``(A) a description of the process that the eligible 
                entity uses for service of protection orders at the time 
                of submission of the application;
                    ``(B) <<NOTE: Time period.>>  to the extent 
                practicable, statistics relating to protection orders 
                during the 3 calendar years preceding the date of 
                submission of the application, including rates of--
                          ``(i) successful service; and
                          ``(ii) enforcement;
                    ``(C) <<NOTE: List.>>  an initial list of the 
                entities serving as the partners of the eligible entity 
                described in subsection (a); and
                    ``(D) any other information the Attorney General may 
                reasonably require.
            ``(2) No other application required.--An eligible entity 
        shall not be required to submit an application under section 
        2102 to receive a grant under this section.

    ``(f) Report to Attorney General.--
            ``(1) Initial report.--Not later than 2 years after the date 
        on which an eligible entity receives a grant under this section, 
        the eligible entity shall submit to the Attorney General

[[Page 136 STAT. 959]]

        a report that details the plan of the eligible entity for 
        implementation of the program under subsection (c).
            ``(2) Subsequent reports.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which an eligible entity implements a program 
                under subsection (c), and not later than 2 years 
                thereafter, the eligible entity shall submit to the 
                Attorney General a report that describes the program, 
                including, with respect to the program--
                          ``(i) the viability;
                          ``(ii) <<NOTE: Costs.>>  the cost;
                          ``(iii) service statistics;
                          ``(iv) the challenges;
                          ``(v) <<NOTE: Analysis.>>  an analysis of the 
                      technology used to fulfill the goals of the 
                      program;
                          ``(vi) <<NOTE: Analysis.>>  an analysis of any 
                      legal or due process issues resulting from the 
                      electronic service method described in subsection 
                      (c)(1)(A); and
                          ``(vii) best practices for implementing such a 
                      program in other similarly situated locations.
                    ``(B) <<NOTE: Recommenda- tions.>>  Contents of 
                final report.--An eligible entity shall include in the 
                second report submitted under subparagraph (A) 
                recommendations for--
                          ``(i) future nationwide implementation of the 
                      program implemented by the eligible entity; and
                          ``(ii) usage of electronic service, similar to 
                      the service used by the eligible entity, for other 
                      commonly used court orders, including with respect 
                      to viability and cost.

    ``(g) No Regulations or Guidelines Required.--Notwithstanding 
section 2105, the Attorney General shall not be required to publish 
regulations or guidelines implementing this section.
    ``(h) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to carry out this section 
$10,000,000 for fiscal years 2023 through 2027.''.
SEC. 1507. <<NOTE: 20 USC 11611-6.>>  ONLINE SURVEY TOOL FOR 
                          CAMPUS SAFETY.

    (a) <<NOTE: Consultation.>>  In General.--The Secretary of 
Education, in consultation with the Attorney General, the Director of 
the Centers for Disease Control and Prevention, the Secretary of Health 
and Human Services, and experts in domestic violence, dating violence, 
sexual assault, sexual harassment, and stalking, shall develop, design, 
and make available through a secure and accessible online portal, a 
standardized online survey tool regarding postsecondary student 
experiences with domestic violence, dating violence, sexual assault, 
sexual harassment, and stalking.

    (b) Development of Survey Tool.--In developing the survey tool 
required under subsection (a), the Secretary of Education shall--
            (1) use best practices from peer-reviewed research measuring 
        domestic violence, dating violence, sexual assault, sexual 
        harassment, and stalking;
            (2) <<NOTE: Consultation.>>  consult with the higher 
        education community, experts in survey research related to 
        domestic violence, dating violence, sexual assault, sexual 
        harassment, and stalking, and organizations engaged in the 
        prevention of and response to, and advocacy on behalf of victims 
        of, domestic violence, dating

[[Page 136 STAT. 960]]

        violence, sexual assault, sexual harassment, and stalking, 
        including victims from culturally specific populations and 
        victims with disabilities, regarding the development and design 
        of such survey tool and the methodology for administration of 
        such survey tool; and
            (3) ensure that the survey tool is readily accessible to and 
        usable by individuals with disabilities.

    (c) Elements.--
            (1) <<NOTE: Notification.>>  In general.--The survey tool 
        developed pursuant to this section shall be fair and unbiased, 
        be scientifically valid and reliable, meet the highest standards 
        of survey research, and notify the participant that anonymized 
        results of the survey may be published.
            (2) Survey questions.--Survey questions included in the 
        survey tool developed pursuant to this section shall--
                    (A) be designed to gather information on student 
                experiences with domestic violence, dating violence, 
                sexual assault, sexual harassment, and stalking, 
                including the experiences of victims of such incidents;
                    (B) use trauma-informed language to prevent re-
                traumatization; and
                    (C) include--
                          (i) questions that give students the option to 
                      report their demographic information;
                          (ii) questions designed to determine the 
                      incidence and prevalence of domestic violence, 
                      dating violence, sexual assault, sexual 
                      harassment, and stalking;
                          (iii) questions regarding whether students 
                      know about institutional policies and procedures 
                      related to domestic violence, dating violence, 
                      sexual assault, sexual harassment, and stalking;
                          (iv) questions designed to determine, if 
                      victims reported domestic violence, dating 
                      violence, sexual assault, sexual harassment, or 
                      stalking--
                                    (I) to whom the incident was 
                                reported and what response the victim 
                                may have received;
                                    (II) whether the victim was informed 
                                of, or referred to, national, State, 
                                local, Tribal, or on-campus resources; 
                                and
                                    (III) whether the entity to whom the 
                                victim reported the incident conducted 
                                an investigation and the duration and 
                                final resolution of such an 
                                investigation;
                          (v) questions regarding contextual factors, 
                      such as whether force, incapacitation, or coercion 
                      was involved;
                          (vi) questions to determine whether an accused 
                      individual was a student at the institution;
                          (vii) questions to determine whether a victim 
                      reported an incident to Federal, State, local, 
                      Tribal, or campus law enforcement;
                          (viii) questions to determine why the victim 
                      chose to report or not report an incident to the 
                      institution or State, local, or campus law 
                      enforcement;
                          (ix) questions to determine the impact of 
                      domestic violence, dating violence, sexual 
                      assault, sexual harassment, and stalking on the 
                      victim's education, including

[[Page 136 STAT. 961]]

                      diminished grades, dropped classes, leaves of 
                      absence, and negative financial consequences (such 
                      as costs associated with loss in paid tuition due 
                      to leaves of absence, loss in scholarship awards 
                      due to diminished grades, loss of foreign-student 
                      visas, and costs associated with counseling, 
                      medical services, or housing changes);
                          (x) questions to determine the impact and 
                      effectiveness of prevention and awareness programs 
                      and complaints processes;
                          (xi) questions to determine attitudes toward 
                      sexual violence and harassment, including the 
                      willingness of individuals to intervene as a 
                      bystander to sex-based (including against lesbian, 
                      gay, bisexual, or transgender (commonly referred 
                      to as ``LGBT'') individuals), race-based, national 
                      origin-based, and disability-based discrimination, 
                      harassment, assault, domestic violence, dating 
                      violence, sexual assault, sexual harassment, and 
                      stalking; and
                          (xii) other questions, as determined by the 
                      Secretary of Education.
            (3) <<NOTE: Review. Approval.>>  Additional elements.--In 
        addition to the standardized questions developed by the 
        Secretary of Education under paragraph (2), subject to the 
        review and approval of the Secretary of Education, an 
        institution of higher education may request additional 
        information from students that would increase the understanding 
        of the institution of school climate factors unique to the 
        campuses affiliated with the institution.
            (4) Responses.--The responses to the survey questions 
        described in paragraph (2) shall--
                    (A) <<NOTE: Confidentiality.>>  be submitted 
                confidentially;
                    (B) not be included in crime statistics; and
                    (C) in the case of such responses being included in 
                a report, not include personally identifiable 
                information.

    (d) Administration of Survey.--
            (1) <<NOTE: Consultation.>>  Federal administration.--The 
        Secretary of Education, in consultation with the Attorney 
        General, the Director of the Centers for Disease Control and 
        Prevention, and the Secretary of Health and Human Services, 
        shall develop a mechanism by which institutions of higher 
        education may, with respect to the survey tool developed 
        pursuant to this section--
                    (A) administer such survey tool; and
                    (B) <<NOTE: Review. Approval.>>  modify such survey 
                tool to include additional elements or requirements, as 
                determined by the institution, subject to the review and 
                approval of the Secretary of Education.
            (2) Costs.--The Secretary of Education may not require an 
        institution of higher education to pay to modify the survey tool 
        in accordance with paragraph (1)(B).
            (3) Accessibility.--The Secretary of Education shall ensure 
        that the survey tool is administered in such a way as to be 
        readily accessible to and usable by individuals with 
        disabilities.
            (4) <<NOTE: Deadline. Time period.>>  Institutional 
        administration.--Beginning not later than 1 year after the date 
        on which the Secretary of Education makes available to 
        institutions the mechanism described in paragraph (1), and every 
        2 years thereafter, each institution

[[Page 136 STAT. 962]]

        of higher education that receives Federal educational assistance 
        shall administer the survey tool developed pursuant to this 
        section.

    (e) <<NOTE: Requirement.>>  Completed Surveys.--The Secretary of 
Education shall require each institution of higher education that 
administers the survey tool developed pursuant to this section to 
ensure, to the maximum extent practicable, that an adequate, random, and 
representative sample size of students (as determined by the Secretary) 
enrolled at the institution complete the survey tool developed pursuant 
to this section.

    (f) Report.--
            (1) In general.--Beginning not later than 2 years after the 
        date of enactment of this Act, the Secretary of Education 
        shall--
                    (A) <<NOTE: Web posting.>>  prepare a biennial 
                report on the information gained from the standardized 
                elements of the survey under this section and publish 
                such report in an accessible format on the website of 
                the Department of Education, including as part of any 
                online consumer tool offered or supported by the 
                Department of Education that provides information to 
                students regarding specific postsecondary educational 
                institutions, such as the College Scorecard or any 
                successor or similar tool; and
                    (B) submit such report to Congress.
            (2) Inclusions and exclusions.--The report required to be 
        prepared under paragraph (1)--
                    (A) <<NOTE: Data.>>  shall include campus-level data 
                for each institution and attributed by name of each 
                campus in a manner that permits comparisons across 
                institutions and campuses; and
                    (B) shall not publish any individual survey 
                responses.

    (g) <<NOTE: Web posting.>>  Publication.--Each institution of higher 
education shall publish, in a manner that is readily accessible and 
usable by individuals, including individuals with disabilities--
            (1) the campus-level results of the standardized elements of 
        the survey under this section on the website of the institution 
        and in the biennial report required under subsection (f) for the 
        campuses affiliated with the institution; and
            (2) the campus-level results of the additional elements 
        modifying the survey by the institution, if any, on the website 
        of the institution.
SEC. 1508. STUDY ON CHILD CUSTODY IN DOMESTIC VIOLENCE CASES.

    The <<NOTE: Consultation.>>  Attorney General, in consultation with 
the Secretary of Health and Human Services, shall conduct a study that 
shall--
            (1) <<NOTE: Review.>>  provide a review of State laws, 
        regulations, and practices on how child neglect and custody 
        situations are handled in domestic violence situations; and
            (2) <<NOTE: Recommenda- tions.>>  include a list of 
        recommendations on how to restructure State laws, regulations, 
        and practices to better protect victims of domestic violence and 
        their children.

[[Page 136 STAT. 963]]

  DIVISION X--INTELLIGENCE <<NOTE: Intelligence Authorization Act for 
Fiscal Year 2022.>>  AUTHORIZATION FOR FISCAL YEAR 2022
SEC. 1. SHORT TITLE.

    This division may be cited as the ``Intelligence Authorization Act 
for Fiscal Year 2022''.
SEC. 2. <<NOTE: 50 USC 3003 note.>>  DEFINITIONS.

    In this division:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Permanent Select Committee on Intelligence 
                and the Subcommittee on Defense of the Committee on 
                Appropriations of the House of Representatives; and
                    (B) the Select Committee on Intelligence and the 
                Subcommittee on Defense of the Committee on 
                Appropriations of the Senate.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
SEC. 3. EXPLANATORY STATEMENT.

    The explanatory statement regarding this division, printed in the 
House section of the Congressional Record by the Chairman of the 
Permanent Select Committee on Intelligence of the House of 
Representatives and in the Senate section of the Congressional Record by 
the Chairman of the Select Committee on Intelligence of the Senate, 
shall have the same effect with respect to the implementation of this 
division as if it were a joint explanatory statement of a committee of 
conference.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2022 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

[[Page 136 STAT. 964]]

            (17) The Space Force.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts.--The amounts authorized to be 
appropriated under section 101 for the conduct of the intelligence 
activities of the elements listed in paragraphs (1) through (17) of 
section 101, are those specified in the classified Schedule of 
Authorizations prepared to accompany this division.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of Authorizations 
        referred to in subsection (a) shall be made available to the 
        Committee on Appropriations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and to the 
        President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations referred to in 
        subsection (a), or of appropriate portions of such Schedule, 
        within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the budget; 
                or
                    (C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2022 the sum of 
$587,100,000.
    (b) Classified Authorization of Appropriations.--In addition to 
amounts authorized to be appropriated for the Intelligence Community 
Management Account by subsection (a), there are authorized to be 
appropriated for the Intelligence Community Management Account for 
fiscal year 2022 such additional amounts as are specified in the 
classified Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund $514,000,000 for fiscal year 2022.

[[Page 136 STAT. 965]]

            TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this division shall not be 
deemed to constitute authority for the conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or the 
laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                        AUTHORIZED BY LAW.

    Appropriations authorized by this division for salary, pay, 
retirement, and other benefits for Federal employees may be increased by 
such additional or supplemental amounts as may be necessary for 
increases in such compensation or benefits authorized by law.
SEC. 303. PROHIBITION ON COLLECTION AND MAINTENANCE OF INFORMATION 
                        OF UNITED STATES PERSONS BY INTELLIGENCE 
                        COMMUNITY BASED ON FIRST AMENDMENT-
                        PROTECTED ACTIVITIES.

    Title I of the National Security Act of 1947 (50 U.S.C. 3021 et 
seq.) is amended by inserting after section 105B the following new 
section (and conforming the table of contents at the beginning of such 
Act accordingly):
``SEC. 105C. <<NOTE: 50 USC 3040a.>>  PROHIBITION ON COLLECTION 
                          AND MAINTENANCE OF INFORMATION OF UNITED 
                          STATES PERSONS BASED ON FIRST AMENDMENT-
                          PROTECTED ACTIVITIES.

    ``No element of the intelligence community may collect or maintain 
information concerning a United States person (as defined in section 
105A) solely for the purpose of monitoring an activity protected by the 
first amendment to the Constitution of the United States.''.
SEC. 304. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL 
                        INTELLIGENCE FOR CERTAIN ACTIVITIES 
                        RELATING TO INTELLIGENCE COMMUNITY 
                        WORKFORCE.

    Title X of the National Security Act of 1947 (50 U.S.C. 3191 et 
seq.) is amended by inserting after section 1024 the following new 
section (and conforming the table of contents at the beginning of such 
Act accordingly):
``SEC. 1025. <<NOTE: 50 USC 3224a.>>  AUTHORIZATION OF SUPPORT BY 
                          DIRECTOR OF NATIONAL INTELLIGENCE FOR 
                          CERTAIN WORKFORCE ACTIVITIES.

    ``(a) Authorization.--The Director may, with or without 
reimbursement, obligate or expend amounts authorized to be appropriated 
or otherwise made available for the Office of the Director of National 
Intelligence for covered workforce activities for the purpose of 
supporting a covered workforce activity of an element of the 
intelligence community.
    ``(b) <<NOTE: Deadline.>>  Notification.--Not later than 30 days 
after the date on which the Director exercises the authority in 
subsection (a), the Director shall submit to the congressional 
intelligence committees and the Committees on Appropriations of the 
House of Representatives and the Senate written notification of such 
exercise.

[[Page 136 STAT. 966]]

    ``(c) Covered Workforce Activity Defined.--In this section, the term 
`covered workforce activity' means an activity relating to--
            ``(1) recruitment or retention of the intelligence community 
        workforce; or
            ``(2) diversity, equality, inclusion, or accessibility, with 
        respect to such workforce.''.
SEC. 305. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES TO 
                        BE USED PRIMARILY BY INTELLIGENCE 
                        COMMUNITY.

    Section 602(a) of the Intelligence Authorization Act for Fiscal Year 
1995 (50 U.S.C. 3304(a)) is amended--
            (1) in paragraph (1), by striking ``$5,000,000'' and 
        inserting ``$6,000,000''; and
            (2) in paragraph (2), by striking ``$5,000,000'' and 
        inserting ``$6,000,000''.
SEC. 306. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED CANINES 
                        ASSOCIATED WITH FORCE PROTECTION DUTIES OF 
                        INTELLIGENCE COMMUNITY.

    Section 1344(a)(2)(B) of title 31, United States Code, is amended by 
inserting ``, or transportation of federally owned canines associated 
with force protection duties of any part of the intelligence community 
(as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003))'' after ``duties''.
SEC. 307. PUBLICATION OF UNCLASSIFIED APPENDICES FROM REPORTS ON 
                        INTELLIGENCE COMMUNITY PARTICIPATION IN 
                        VULNERABILITIES EQUITIES PROCESS.

    Section 6720(c) of the Damon Paul Nelson and Matthew Young Pollard 
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 
U.S.C. 3316a(c)) is amended by adding at the end the following:
            ``(4) <<NOTE: Public information.>>  Publication.--The 
        Director of National Intelligence shall make available to the 
        public each unclassified appendix submitted with a report under 
        paragraph (1) pursuant to paragraph (2).''.
SEC. 308. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER 
                        INTELLIGENCE OFFICERS AND EMPLOYEES.

    (a) Modifications to Requirement.--
            (1) In general.--Section 304 of the National Security Act of 
        1947 (50 U.S.C. 3073a) is amended to read as follows:
``SEC. 304. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY 
                        FORMER INTELLIGENCE OFFICERS AND 
                        EMPLOYEES.

    ``(a) Temporary Restriction.--
            ``(1) <<NOTE: Time period.>>  Covered post-service 
        position.--Except as provided by paragraph (2), an employee of 
        an element of the intelligence community who occupies a covered 
        intelligence position may not occupy a covered post-service 
        position during the 30-month period following the date on which 
        the employee ceases to occupy a covered intelligence position.
            ``(2) Waiver.--

[[Page 136 STAT. 967]]

                    ``(A) Authority.--On a case-by-case basis, the 
                Director of National Intelligence may temporarily waive 
                the restriction in paragraph (1) with respect to an 
                employee or former employee who is subject to that 
                restriction if--
                          ``(i) <<NOTE: Application.>>  the employee or 
                      former employee submits to the Director a written 
                      application for such waiver in such form and 
                      manner as the Director determines appropriate; and
                          ``(ii) <<NOTE: Determination.>>  the Director 
                      determines that such waiver is necessary to 
                      advance the national security interests of the 
                      United States.
                    ``(B) <<NOTE: Applicability.>>  Period of waiver.--A 
                waiver issued under subparagraph (A) shall apply for a 
                period not exceeding 5 years. The Director may renew 
                such a waiver.
                    ``(C) <<NOTE: Effective date. Notification.>>  
                Revocation.--The Director may revoke a waiver issued 
                under subparagraph (A) to an employee or former 
                employee, effective on the date that is 60 days after 
                the date on which the Director provides the employee or 
                former employee written notice of such revocation.
                    ``(D) <<NOTE: Time periods.>>  Tolling.--The 30-
                month restriction in paragraph (1) shall be tolled for 
                an employee or former employee during the period 
                beginning on the date on which a waiver is issued under 
                subparagraph (A) and ending on the date on which the 
                waiver expires or on the effective date of a revocation 
                under subparagraph (C), as the case may be.
                    ``(E) <<NOTE: Deadline.>>  Notification.--Not later 
                than 30 days after the date on which the Director issues 
                a waiver under subparagraph (A) or a revocation of a 
                waiver under subparagraph (C), the Director shall submit 
                to the congressional intelligence committees written 
                notification of the waiver or revocation, as the case 
                may be. Such notification shall include the following:
                          ``(i) With respect to a waiver issued to an 
                      employee or former employee--
                                    ``(I) the details of the 
                                application, including the covered 
                                intelligence position held or formerly 
                                held by the employee or former employee;
                                    ``(II) the nature of the activities 
                                of the employee or former employee after 
                                ceasing to occupy a covered intelligence 
                                position;
                                    ``(III) a description of the 
                                national security interests that will be 
                                advanced by reason of issuing such 
                                waiver; and
                                    ``(IV) the specific reasons why the 
                                Director determines that issuing such 
                                waiver will advance such interests.
                          ``(ii) With respect to a revocation of a 
                      waiver issued to an employee or former employee--
                                    ``(I) the details of the waiver, 
                                including any renewals of such waiver, 
                                and the dates of such waiver and 
                                renewals; and
                                    ``(II) the specific reasons why the 
                                Director determined that such revocation 
                                is warranted.

    ``(b) Covered Post-service Employment Reporting.--

[[Page 136 STAT. 968]]

            ``(1) Requirement.--During the period described in paragraph 
        (2), an employee who ceases to occupy a covered intelligence 
        position shall--
                    ``(A) report covered post-service employment to the 
                head of the element of the intelligence community that 
                employed such employee in such covered intelligence 
                position upon accepting such covered post-service 
                employment; and
                    ``(B) annually (or more frequently if the head of 
                such element considers it appropriate) report covered 
                post-service employment to the head of such element.
            ``(2) Period described.--The period described in this 
        paragraph is the period beginning on the date on which an 
        employee ceases to occupy a covered intelligence position and 
        ending on the date that is--
                    ``(A) 5 years after the employee ceases to occupy 
                such position, plus
                    ``(B) the number of months for which the employee is 
                issued a waiver under subsection (a)(2).
            ``(3) Regulations.--The head of each element of the 
        intelligence community shall issue regulations requiring, as a 
        condition of employment, each employee of such element occupying 
        a covered intelligence position to sign a written agreement 
        requiring the regular reporting of covered post-service 
        employment to the head of such element pursuant to paragraph 
        (1).

    ``(c) Penalties.--
            ``(1) <<NOTE: Time period.>>  Criminal penalties.--A former 
        employee who knowingly and willfully violates subsection (a) or 
        who knowingly and willfully fails to make a required report 
        under subsection (b) shall be fined under title 18, United 
        States Code, or imprisoned for not more than 5 years, or both. 
        Each report under subsection (b) shall be subject to section 
        1001 of title 18, United States Code.
            ``(2) Security clearances.--The head of an element of the 
        intelligence community shall revoke the security clearance of a 
        former employee if the former employee knowingly and willfully 
        fails to make a required report under subsection (b) or 
        knowingly and willfully makes a false report under such 
        subsection.

    ``(d) Provision of Information.--
            ``(1) Training.--The head of each element of the 
        intelligence community shall regularly provide training on the 
        reporting requirements under subsection (b) to employees of that 
        element who occupy a covered intelligence position.
            ``(2) Written notice.--The head of each element of the 
        intelligence community shall provide written notice of the 
        reporting requirements under subsection (b) to an employee when 
        the employee ceases to occupy a covered intelligence position.

    ``(e) Annual Reports.--
            ``(1) Requirement.--Not later than March 31 of each year, 
        the Director of National Intelligence shall submit to the 
        congressional intelligence committees a report on covered post-
        service employment occurring during the year covered by the 
        report.
            ``(2) Elements.--Each report under paragraph (1) shall 
        include the following:

[[Page 136 STAT. 969]]

                    ``(A) The number of former employees who occupy a 
                covered post-service position, broken down by--
                          ``(i) the name of the employer;
                          ``(ii) the foreign government, including by 
                      the specific foreign individual, agency, or 
                      entity, for whom the covered post-service 
                      employment is being performed; and
                          ``(iii) the nature of the services provided as 
                      part of the covered post-service employment.
                    ``(B) <<NOTE: Certification.>>  A certification by 
                the Director that--
                          ``(i) each element of the intelligence 
                      community maintains adequate systems and processes 
                      for ensuring that former employees are submitting 
                      reports required under subsection (b);
                          ``(ii) to the knowledge of the heads of the 
                      elements of the intelligence community, all former 
                      employees who occupy a covered post-service 
                      position are in compliance with this section;
                          ``(iii) the services provided by former 
                      employees who occupy a covered post-service 
                      position do not--
                                    ``(I) pose a current or future 
                                threat to the national security of the 
                                United States; or
                                    ``(II) pose a counterintelligence 
                                risk; and
                          ``(iv) the Director and the heads of such 
                      elements are not aware of any credible information 
                      or reporting that any former employee who occupies 
                      a covered post-service position has engaged in 
                      activities that violate Federal law, infringe upon 
                      the privacy rights of United States persons, or 
                      constitute abuses of human rights.
            ``(3) Form.--Each report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

    ``(f) <<NOTE: Determination. Deadline.>>  Notification.--In addition 
to the annual reports under subsection (e), if a head of an element of 
the intelligence community determines that the services provided by a 
former employee who occupies a covered post-service position pose a 
threat or risk described in clause (iii) of paragraph (2)(B) of such 
subsection, or include activities described in clause (iv) of such 
paragraph, the head shall notify the congressional intelligence 
committees of such determination by not later than 7 days after making 
such determination. The notification shall include the following:
            ``(1) The name of the former employee.
            ``(2) The name of the employer.
            ``(3) The foreign government, including the specific foreign 
        individual, agency, or entity, for whom the covered post-service 
        employment is being performed.
            ``(4) As applicable, a description of--
                    ``(A) the risk to national security, the 
                counterintelligence risk, or both; and
                    ``(B) the activities that may violate Federal law, 
                infringe upon the privacy rights of United States 
                persons, or constitute abuses of human rights.

    ``(g) Definitions.--In this section:
            ``(1) Covered intelligence position.--The term `covered 
        intelligence position' means a position within an element of the 
        intelligence community that, based on the level of access of a 
        person occupying such position to information regarding 
        sensitive intelligence sources or methods or other exceptionally

[[Page 136 STAT. 970]]

        sensitive matters, the head of such element determines should be 
        subject to the requirements of this section.
            ``(2) Covered post-service employment.--The term `covered 
        post-service employment' means direct or indirect employment by, 
        representation of, or any provision of advice or services 
        relating to national security, intelligence, the military, or 
        internal security to, the government of a foreign country or any 
        company, entity, or other person whose activities are directly 
        or indirectly supervised, directed, controlled, financed, or 
        subsidized, in whole or in major part, by any government of a 
        foreign country.
            ``(3) Covered post-service position.--The term `covered 
        post-service position' means a position of employment described 
        in paragraph (2).
            ``(4) Employee.--The term `employee', with respect to an 
        employee occupying a covered intelligence position, includes an 
        officer or official of an element of the intelligence community, 
        a contractor of such an element, a detailee to such an element, 
        or a member of the Armed Forces assigned to such an element.
            ``(5) Former employee.--The term `former employee' means an 
        individual--
                    ``(A) who was an employee occupying a covered 
                intelligence position; and
                    ``(B) who is subject to the requirements under 
                subsection (a) or (b).
            ``(6) Government of a foreign country.--The term `government 
        of a foreign country' has the meaning given the term in section 
        1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 
        611(e)).''.
            (2) <<NOTE: 50 USC 3073a note.>>  Application.--Such section 
        304, as amended by paragraph (1), shall apply with respect to 
        employees who occupy covered intelligence positions (as defined 
        in such section) on or after the date of the enactment of this 
        Act.
            (3) <<NOTE: Deadlines. 50 USC 3073a note.>>  Revised 
        regulations.--
                    (A) Submission.--Not later than 90 days after the 
                date of the enactment of this Act, the head of each 
                element of the intelligence community shall submit to 
                the congressional intelligence committees new or updated 
                regulations issued under such section 304, as amended by 
                paragraph (1).
                    (B) Certification.--Not later than 180 days after 
                the date of the enactment of this Act, the Director of 
                National Intelligence shall submit to the congressional 
                intelligence committees--
                          (i) a written certification for each head of 
                      an element of the intelligence community who has 
                      issued the updated regulations under such section 
                      304, as amended by paragraph (1); and
                          (ii) for each head of an element of the 
                      intelligence community who has not issued such 
                      updated regulations, an explanation for the 
                      failure to issue such updated regulations.
            (4) <<NOTE: Assessment. Recommenda- tions. 50 USC 3073a 
        note.>>  Initial report.--In the first report submitted by the 
        Director of National Intelligence under subsection (e) of such 
        section 304, as amended by paragraph (1), the Director shall 
        include an assessment of the licensing requirements under the 
        Arms Export Control Act (22 U.S.C. 2751 et seq.) and

[[Page 136 STAT. 971]]

        recommendations with respect to strengthening the activities 
        regulated under such section 304.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such Act is amended by striking the item relating to section 304 and 
inserting the following new item:

``Sec. 304. Requirements for certain employment activities by former 
           intelligence officers and employees.''.

SEC. 309. <<NOTE: 50 USC 3316c.>>  DEVELOPMENT OF DEFINITIONS FOR 
                        CERTAIN TERMS RELATING TO INTELLIGENCE.

    (a) <<NOTE: Deadline. Consultation. Publication.>>  Development.--
Not later than September 30, 2023, the Director of National Intelligence 
and the Under Secretary of Defense for Intelligence and Security, in 
consultation with the heads of the elements of the intelligence 
community, shall jointly develop and publish definitions for the 
following terms:
            (1) Acoustic intelligence.
            (2) All-source intelligence.
            (3) Communications intelligence.
            (4) Critical intelligence.
            (5) Cyber-threat intelligence.
            (6) Electronic intelligence.
            (7) Explosive ordnance intelligence.
            (8) General military intelligence.
            (9) Imagery intelligence.
            (10) Geospatial intelligence.
            (11) Instrumentation signals intelligence.
            (12) Intelligence-related activity.
            (13) Joint intelligence.
            (14) Measurement and signature intelligence.
            (15) Medical intelligence.
            (16) Open-source intelligence.
            (17) Operational intelligence.
            (18) Scientific and technical intelligence.
            (19) Signals intelligence.
            (20) Strategic intelligence.
            (21) Tactical intelligence.
            (22) Target intelligence.
            (23) Technical intelligence.
            (24) Such others terms as may be jointly determined 
        necessary by the Director of National Intelligence and the Under 
        Secretary of Defense for Intelligence and Security.

    (b) Application to Activities of Intelligence Community.--The 
Director of National Intelligence shall ensure that the definitions 
developed under subsection (a) are used uniformly across activities of 
the intelligence community with respect to the corresponding terms 
specified in such subsection.
    (c) Notice of Modifications.--The Director of National Intelligence 
and the Under Secretary of Defense for Intelligence shall submit to the 
appropriate congressional committees notification of any modification by 
the Director and Under Secretary to a definition of a term specified in 
subsection (a) following the initial publication of the definition under 
such subsection.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and

[[Page 136 STAT. 972]]

            (2) the Committees on Armed Services of the House of 
        Representatives and the Senate.
SEC. 310. <<NOTE: 50 USC 3161 note.>>  DIRECTOR OF NATIONAL 
                        INTELLIGENCE DECLASSIFICATION REVIEW OF 
                        INFORMATION RELATING TO TERRORIST ATTACKS 
                        OF SEPTEMBER 11, 2001.

    (a) <<NOTE: Deadlines. Coordination. Determination.>>  
Declassification Review Required.--Not later than 30 days after the date 
of the enactment of this Act, the Director of National Intelligence 
shall, in coordination with the Director of the Federal Bureau of 
Investigation, the Director of the Central Intelligence Agency, and the 
heads of such other elements of the intelligence community as the 
Director of National Intelligence considers appropriate, commence a 
declassification review (which the Director of National Intelligence 
shall complete by not later than 120 days after the date of the 
enactment of this Act) to determine what, if any, additional information 
relating to the terrorist attacks of September 11, 2001, can be 
appropriately declassified and shared with the public.

    (b) Information Covered.--The information reviewed under subsection 
(a) shall include the following:
            (1) Information relating to the direction, facilitation, and 
        other support provided to the individuals who carried out the 
        terrorist attacks of September 11, 2001.
            (2) Information from Operation Encore and the PENTTBOM 
        investigation of the Federal Bureau of Investigation.

    (c) Report.--Not later than 120 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the findings of the 
Director with respect to the declassification review conducted under 
subsection (a).
SEC. 311. <<NOTE: 50 USC 3341 note.>>  PERFORMANCE MEASURES 
                        REGARDING TIMELINESS FOR PERSONNEL 
                        MOBILITY.

    (a) <<NOTE: Deadline.>>  Policy Required.--Not later than 180 days 
after the date of the enactment of this Act, the Director of National 
Intelligence shall issue a policy for measuring the total time it takes 
to transfer personnel with security clearances and eligibility for 
access to information commonly referred to as ``sensitive compartmented 
information'' from one element of the intelligence community to another, 
or from one contract to another in the case of a contractor.

    (b) Requirements.--The policy issued under subsection (a) shall--
            (1) to the degree practicable, cover all personnel who are 
        moving to positions that require a security clearance and access 
        to sensitive compartmented information;
            (2) cover the period from the first time an element of the 
        intelligence community or company submits a request to an 
        element of the intelligence community for the transfer of the 
        employment of an individual with a clearance access or 
        eligibility determination to another element of the intelligence 
        community, to the time the individual is authorized by that 
        receiving element to start to work in the new position; and
            (3) <<NOTE: Analysis.>>  include analysis of all appropriate 
        phases of the process, including polygraph, suitability 
        determination, fitness determination, human resources review, 
        transfer of the sensitive compartmented information access, and 
        contract actions.

    (c) <<NOTE: Deadlines.>>  Updated Policies.--

[[Page 136 STAT. 973]]

            (1) <<NOTE: Determination.>>  Modifications.--Not later than 
        1 year after the date on which the Director issues the policy 
        under subsection (a), the Director shall issue modifications to 
        such policies as the Director determines were issued before the 
        issuance of the policy under such subsection and are relevant to 
        such updated policy, as the Director considers appropriate.
            (2) Recommendations.--Not later than 1 year after the date 
        on which the Director issues the policy under subsection (a), 
        the Director shall submit to the appropriate congressional 
        committees recommendations for legislative action to update 
        metrics specified elsewhere in statute to measure parts of the 
        process that support transfers described in subsection (a).

    (d) <<NOTE: Time period.>>  Annual Reports.--Not later than 180 days 
after issuing the policy required by subsection (a) and not less 
frequently than once each year thereafter until the date that is 3 years 
after the date of such issuance, the Director shall submit to the 
appropriate congressional committees a report on the implementation of 
such policy. Such report shall address performance by department or 
agency and by clearance type in meeting such policy.

    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the Subcommittees on Commerce, Justice, Science, and 
        Related Agencies of the Committees on Appropriations of the 
        House of Representatives and the Senate.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

       Subtitle A--Office of the Director of National Intelligence

SEC. 401. NATIONAL COUNTERPROLIFERATION AND BIOSECURITY CENTER.

    (a) Redesignation of Center.--Section 119A of the National Security 
Act of 1947 (50 U.S.C. 3057) is amended by striking ``National Counter 
Proliferation Center'' each place it appears and inserting ``National 
Counterproliferation and Biosecurity Center''.
    (b) Establishment and Head.--Subsection (a) of such section is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``government tools to prevent'' and 
                inserting ``government tools to--
            ``(A) prevent'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(B) lead integration and mission management of all 
        intelligence activities pertaining to biosecurity and foreign 
        biological threats.''; and
            (2) by adding at the end the following new paragraph:

[[Page 136 STAT. 974]]

    ``(4) The Director of the National Counterproliferation and 
Biosecurity Center shall serve as the principal coordinator for the 
intelligence community, and as the principal advisor to the Director of 
National Intelligence, with respect to biosecurity and foreign 
biological threats.''.
    (c) Missions and Objectives.--Subsection (b) of such section is 
amended--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively, and moving such 
        subparagraphs, as so redesignated, 2 ems to the right;
            (2) in the matter preceding subparagraph (A), as so 
        redesignated, by striking ``In establishing'' and inserting the 
        following:
            ``(1) Counterproliferation.--In establishing''; and
            (3) by adding at the end the following new paragraph:
            ``(2) <<NOTE: President. Coordination.>>  Biosecurity.--In 
        establishing the National Counterproliferation and Biosecurity 
        Center, the President shall address the following missions and 
        objectives to ensure that the Center serves as the lead for the 
        intelligence community for the integration, mission management, 
        and coordination of intelligence activities pertaining to 
        biosecurity and foreign biological threats, regardless of 
        origin:
                    ``(A) Ensuring that the elements of the intelligence 
                community provide timely and effective warnings to the 
                President and the Director of National Intelligence 
                regarding emerging foreign biological threats, including 
                diseases with pandemic potential.
                    ``(B) <<NOTE: Analysis.>>  Overseeing and 
                coordinating the collection and analysis of intelligence 
                on biosecurity and foreign biological threats in support 
                of the intelligence needs of the Federal departments and 
                agencies responsible for public health, including by 
                conveying collection priorities to elements of the 
                intelligence community.
                    ``(C) Coordinating intelligence support to the 
                Federal departments and agencies responsible for public 
                health, including by ensuring that intelligence 
                pertaining to biosecurity and foreign biological threats 
                is disseminated among appropriately cleared personnel of 
                such departments and agencies.
                    ``(D) Coordinating with the Federal departments and 
                agencies responsible for public health to encourage 
                information sharing with the intelligence community.
                    ``(E) <<NOTE: Recommenda- tions.>>  Identifying gaps 
                in the capabilities of the intelligence community 
                regarding biosecurity and countering foreign biological 
                threats and providing to the Director of National 
                Intelligence recommended solutions for such gaps, 
                including by encouraging research and development of new 
                capabilities to counter foreign biological threats.''.

    (d) Conforming Amendments.--Such section is further amended--
            (1) by striking ``counter proliferation'' each place it 
        appears and inserting ``counterproliferation''; and
            (2) in the section heading, by striking ``counter 
        proliferation'' and inserting ``counterproliferation and 
        biosecurity'' (and conforming the table of sections at the 
        beginning of such Act accordingly).

[[Page 136 STAT. 975]]

    (e) <<NOTE: 50 USC 3057 note.>>  References.--Any reference in any 
law, regulation, guidance, instruction, or other document of the United 
States Government to the National Counter Proliferation Center shall be 
deemed to refer to the National Counterproliferation and Biosecurity 
Center.
SEC. 402. CLARIFICATION OF CERTAIN RESPONSIBILITIES OF DIRECTOR OF 
                        NATIONAL INTELLIGENCE.

    Section 102A(f)(8) of the National Security Act of 1947 (50 U.S.C. 
3024(f)(8)) is amended by striking ``such other functions'' and 
inserting ``such other intelligence-related functions''.
SEC. 403. RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE 
                        REGARDING NATIONAL INTELLIGENCE PROGRAM 
                        BUDGET CONCERNING FEDERAL BUREAU OF 
                        INVESTIGATION.

    Section 102A of the National Security Act of 1947 (50 U.S.C. 3024) 
is amended--
            (1) in subsection (c)(5), by adding at the end the following 
        new subparagraph:

    ``(D) Consistent with subparagraph (C), the Director of National 
Intelligence shall ensure that the programs and activities that are part 
of the National Intelligence Program, including those of the Federal 
Bureau of Investigation, are structured and executed in a manner than 
enables budget traceability.''; and
            (2) in subsection (p)--
                    (A) by striking the heading and inserting ``Certain 
                Responsibilities of Director of National Intelligence 
                Relating to National Intelligence Program'';
                    (B) by striking ``Subject to'' and inserting ``(1) 
                Subject to''; and
                    (C) by adding at the end the following new 
                paragraph:

    ``(2) <<NOTE: Consultation.>>  Consistent with subsection (c)(5)(C), 
the Director of National Intelligence shall, after consultation with the 
Director of the Federal Bureau of Investigation, ensure that the 
programs and activities of the Federal Bureau of Investigation that are 
part of the National Intelligence Program are executed in a manner that 
conforms with the requirements of the national intelligence strategy 
under section 108A of this Act and the National Intelligence Priorities 
Framework of the Office of the Director of National Intelligence (or any 
successor mechanism established for the prioritization of such programs 
and activities).''.
SEC. 404. CLIMATE SECURITY ADVISORY COUNCIL.

    (a) Reports.--Subsection (d) of section 120 of the National Security 
Act of 1947 (50 U.S.C. 3060) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) Requirement.--Not later''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Matters included.--Each report under paragraph (1) 
        shall include a description of any obstacles or gaps relating 
        to--
                    ``(A) the Council fulfilling its duties and 
                responsibilities under subsection (c); or
                    ``(B) the responsiveness of the intelligence 
                community to the climate security needs and priorities 
                of the policymaking elements of the Federal 
                Government.''.

    (b) Extension of Sunset; Technical Amendments.--Such section 120 is 
amended--

[[Page 136 STAT. 976]]

            (1) in subsection (b)(1)(B)(v), by inserting ``and 
        Security'' after ``for Intelligence'';
            (2) by redesignating the second subsection (e) as subsection 
        (f); and
            (3) in subsection (e), by striking ``the date that is 4 
        years after the date of the enactment of this section'' and 
        inserting ``December 31, 2025''.
SEC. 405. REMOVAL OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE 
                        COMMUNITY FROM LEVEL IV OF THE EXECUTIVE 
                        SCHEDULE.

    Section 5315 of title 5, United States Code, is amended by striking 
``Chief Information Officer of the Intelligence Community.''.

                       Subtitle B--Other Elements

SEC. 411. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL 
                        INTELLIGENCE AGENCY.

    The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) 
is amended by adding at the end the following:
``SEC. 26. <<NOTE: 50 USC 3527.>>  CHAPLAIN CORPS AND CHIEF OF 
                      CHAPLAINS.

    ``(a) Establishment of Chaplain Corps.--There is in the Agency a 
Chaplain Corps for the provision of spiritual or religious pastoral 
services.
    ``(b) <<NOTE: Appointment.>>  Chief of Chaplains.--The head of the 
Chaplain Corps shall be the Chief of Chaplains, who shall be appointed 
by the Director.

    ``(c) <<NOTE: Appointments.>>  Staff and Administration.--
            ``(1) Staff.--The Director may appoint and fix the 
        compensation of such staff of the Chaplain Corps as the Director 
        considers appropriate, except that the Director may not--
                    ``(A) appoint more than 10 full-time equivalent 
                positions; or
                    ``(B) provide basic pay to any member of the staff 
                of the Chaplain Corps at an annual rate of basic pay in 
                excess of the maximum rate of basic pay for grade GS-15 
                as provided in section 5332 of title 5, United States 
                Code.
            ``(2) Administration.--The Director may--
                    ``(A) <<NOTE: Reimbursement.>>  reimburse members of 
                the staff of the Chaplain Corps for work-related travel 
                expenses;
                    ``(B) provide security clearances to such members;
                    ``(C) furnish such physical workspace at the 
                headquarters building of the Agency as the Director 
                considers appropriate; and
                    ``(D) <<NOTE: Certification.>>  certify that all 
                Chaplains meet common standards for professional 
                chaplaincy and board certification by a national 
                chaplaincy and pastoral care organization or 
                equivalent.''.
SEC. 412. MODIFICATION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 
                        PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT 
                        EXPERTS IN SCIENCE AND ENGINEERING.

    Section 4092(b)(2) of title 10, United States Code, is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and

[[Page 136 STAT. 977]]

            (2) by inserting after subparagraph (A) the following new 
        subparagraph (B):
                    ``(B) in the case of employees appointed pursuant to 
                paragraph (1)(G), to any of 2 positions of 
                administration or management designated by the Director 
                of the National Geospatial-Intelligence Agency for 
                purposes of this subparagraph; and''.
SEC. 413. <<NOTE: 50 USC 3373a.>>  SUPPORT FOR AND OVERSIGHT OF 
                        UNIDENTIFIED AERIAL PHENOMENA TASK FORCE.

    (a) Availability of Data on Unidentified Aerial Phenomena.--The 
Director <<NOTE: Requirement.>>  of National Intelligence and the 
Secretary of Defense shall jointly require that each element of the 
intelligence community and component of the Department of Defense with 
data relating to unidentified aerial phenomena makes such data available 
immediately to the Unidentified Aerial Phenomena Task Force, or 
successor entity, and to the National Air and Space Intelligence Center.

    (b) Quarterly Reports.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and not less frequently than 
        quarterly thereafter, the Unidentified Aerial Phenomena Task 
        Force, or successor entity, consistent with the protection of 
        intelligence sources and methods, shall submit to the 
        appropriate congressional committees a report on the findings of 
        the Unidentified Aerial Phenomena Task Force, or successor 
        entity.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include, at a minimum, the following:
                    (A) All reported unidentified aerial phenomena-
                related events that occurred during the period covered 
                by the report.
                    (B) All reported unidentified aerial phenomena-
                related events that occurred during a period other than 
                the period covered by the report but were not included 
                in an earlier report.
            (3) <<NOTE: Classified information.>>  Form.--Each report 
        submitted under paragraph (1) shall be submitted in classified 
        form.

    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the following:
                    (A) The congressional intelligence committees.
                    (B) The Committees on Armed Services of the House of 
                Representatives and the Senate.
            (2) Unidentified aerial phenomena task force.--The term 
        ``Unidentified Aerial Phenomena Task Force'' means the task 
        force established by the Department of Defense on August 4, 
        2020, to be led by the Department of the Navy, under the Office 
        of the Under Secretary of Defense for Intelligence and Security.
SEC. 414. <<NOTE: 28 USC 532 note.>>  LIMITATION ON PROCUREMENT BY 
                        FEDERAL BUREAU OF INVESTIGATION OF 
                        PEOPLE'S REPUBLIC OF CHINA PRODUCTS AND 
                        SERVICES.

    (a) Security Assessment.--The Director of the Federal Bureau of 
Investigation may not procure a People's Republic of China product or 
service unless, before such procurement--

[[Page 136 STAT. 978]]

            (1) <<NOTE: Assessment.>>  the Federal Bureau of 
        Investigation conducts a security assessment of such product or 
        service, including with respect to any physical, 
        counterintelligence, or cyber vulnerabilities;
            (2) there is included in the process of conducting such 
        security assessment a formal mechanism through which input shall 
        be submitted by the Counterintelligence Division and Cyber 
        Division of the Federal Bureau of Investigation regarding such 
        security assessment, including with respect to any such 
        vulnerabilities; and
            (3) <<NOTE: Recommenda- tions.>>  the Director (or a 
        designee of the Director) approves a recommendation, based on 
        the results of such security assessment, to procure such product 
        or service.

    (b) <<NOTE: Recommenda- tions. Records.>>  Submission.--Not later 
than 30 days after the date on which the Director (or a designee of the 
Director, as applicable) approves a recommendation pursuant to 
subsection (a)(3), the Director shall submit to the appropriate 
congressional committees the recommendation and a copy of the security 
assessment upon which the recommendation was based.

    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees; and
                    (B) the Subcommittees on Commerce, Justice, Science, 
                and Related Agencies of the Committees on Appropriations 
                of the House of Representatives and the Senate.
            (2) People's republic of china product or service.--The term 
        ``People's Republic of China product or service'' means an 
        information or communication technology product manufactured in 
        China, Hong Kong, or Macau, or a product or service provided by 
        an entity that is fully or partially owned or controlled by, or 
        otherwise connected to, the government of China.
SEC. 415. <<NOTE: 28 USC 532 note.>>  COUNTERINTELLIGENCE UNITS AT 
                        NON-INTELLIGENCE COMMUNITY FEDERAL 
                        DEPARTMENTS AND AGENCIES.

    (a) Establishment.--The Director of the Federal Bureau of 
Investigation shall establish counterintelligence units in the 
departments and agencies described in subsection (b). Such units shall 
be composed of officers of the Counterintelligence Division of the 
Federal Bureau of Investigation.
    (b) Departments and Agencies Described.--The departments and 
agencies described in this subsection are the following departments and 
agencies of the United States Government:
            (1) The Department of Agriculture.
            (2) <<NOTE: Coordination. Determination.>>  Any other 
        department or agency that the Director, in coordination with the 
        Director of National Intelligence, determines appropriate.

    (c) Duties.--The Director of the Federal Bureau of Investigation 
shall ensure that each counterintelligence unit established under 
subsection (a) in a department or agency described in subsection (b) 
carries out the following duties:
            (1) Conducts assessments, in coordination with the 
        leadership of the department or agency, to determine the 
        counterintelligence posture of the department or agency, 
        including any components thereof.
            (2) Informs and consults with the leadership of the 
        department or agency, including any components thereof, and 
        provides

[[Page 136 STAT. 979]]

        recommendations with respect to any counterintelligence threats 
        identified by the intelligence community.
            (3) Provides such administrative and technical support as is 
        necessary to develop, in coordination with the leadership of the 
        department or agency, a plan to eliminate or reduce the threats 
        described in paragraph (2).
            (4) Serves as the primary point of contact for the 
        department or agency with respect to counterintelligence for the 
        intelligence community.

    (d) Intelligence Community Support.--The heads of the elements of 
the intelligence community shall ensure that relevant 
counterintelligence information is provided to counterintelligence units 
established under subsection (a) in a manner that is consistent with the 
need to protect sources and methods.
    (e) <<NOTE: Consultation. Determination.>>  Report.--Not later than 
120 days after the date of the enactment of this Act, the Director of 
National Intelligence, in consultation with the heads of such other 
departments and agencies of the Federal Government as the Director 
determines appropriate, shall submit to the appropriate congressional 
committees a report detailing options for the intelligence community to 
improve intelligence support to the Department of Agriculture and the 
Department of Commerce. The report shall be submitted in unclassified 
form, but may include a classified annex.

    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the Subcommittees on Commerce, Justice, Science, and 
        Related Agencies of the Committees on Appropriations of the 
        House of Representatives and the Senate.
SEC. 416. <<NOTE: 31 USC 311 note.>>  PILOT PROGRAM ON RECRUITMENT 
                        AND RETENTION IN OFFICE OF INTELLIGENCE 
                        AND ANALYSIS OF THE DEPARTMENT OF THE 
                        TREASURY.

    (a) <<NOTE: Assessment.>>  Pilot Program Required.--The Assistant 
Secretary for Intelligence and Analysis of the Department of the 
Treasury shall carry out a pilot program to assess the feasibility and 
advisability of using adjustments of rates of pay to recruit and retain 
staff for high-demand positions in the Office of Intelligence and 
Analysis of the Department of the Treasury.

    (b) <<NOTE: Effective date.>>  Duration.--The Assistant Secretary 
shall carry out the pilot program required by subsection (a) during the 
4-year period beginning on the date of the enactment of this Act.

    (c) Additional Pay.--Under the pilot program required by subsection 
(a), the Assistant Secretary shall, notwithstanding any provision of 
title 5, United States Code, governing the rates of pay or 
classification of employees in the executive branch, prescribe the rate 
of basic pay for financial and cyber intelligence analyst positions 
designated under subsection (d) at rates--
            (1) not greater than 130 percent of the maximum basic rate 
        of pay and locality pay for which such positions would otherwise 
        be eligible; and
            (2) not greater than the rate of basic pay payable for level 
        II of the Executive Schedule under section 5313 of title 5, 
        United States Code.

    (d) Designated Positions.--

[[Page 136 STAT. 980]]

            (1) In general.--Subject to paragraph (2), under the pilot 
        program required by subsection (a), the Assistant Secretary 
        shall designate not fewer than 5 percent of the total number of 
        positions in the Office, including positions to be filled by new 
        hires, as financial or cyber intelligence analyst positions 
        eligible for the additional pay under subsection (c).
            (2) <<NOTE: Time period.>>  Current employees.--The 
        Assistant Secretary may designate under paragraph (1) a position 
        filled by an employee who was employed in that position on the 
        day before the date of the enactment of this Act only if the 
        employee was in the top one-third of performance rankings for 
        the position within the Office for the duration of the 2-year 
        period ending on the date of the enactment of this Act.

    (e) <<NOTE: Deadline. Time period.>>  Briefing on the Pilot 
Program.--Not later than 180 days after the date of the enactment of 
this Act and not less frequently than once each year thereafter for the 
duration of the period specified in subsection (b), the Assistant 
Secretary shall provide to the appropriate congressional committees and 
the Director of National Intelligence a briefing on the pilot program 
required by subsection (a).

    (f) <<NOTE: Recommenda- tions.>>  Report on the Pilot Program.--Not 
later than 180 days before the last day of the period specified in 
subsection (b), the Assistant Secretary shall submit to the appropriate 
congressional committees, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Oversight and 
Reform of the House of Representatives, and the Director of National 
Intelligence a report on the effectiveness of the pilot program required 
by subsection (a) and recommendations as to whether such pilot program 
should be extended, modified, or ended.

    (g) Recommendations of Director of National Intelligence.--Not later 
than 3 years <<NOTE: Deadline.>>  after the date of the enactment of 
this Act, the Director of National Intelligence shall submit to the 
appropriate congressional committees recommendations as to--
            (1) which, if any, other elements of the intelligence 
        community would benefit from a program similar to the pilot 
        program required by subsection (a); and
            (2) what, if any, modifications the Director would recommend 
        for such elements.

    (h) Retention of Prescribed Rates of Pay After Termination of Pilot 
Program.--After the conclusion of the period specified in subsection 
(b), the Assistant Secretary may continue to pay a person, who received 
pay during such period pursuant to a rate of basic pay prescribed under 
subsection (c), at a rate of basic pay not to exceed the rate of basic 
pay that was in effect for the person pursuant to such subsection on the 
day before the last day of such period, until such time as the 
applicable rate of basic pay for the person under the General Schedule 
exceeds the rate of basic pay that was so in effect under subsection 
(c).
    (i) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the Subcommittees on Financial Services and General 
        Government of the Committees on Appropriations of the House of 
        Representatives and the Senate.

[[Page 136 STAT. 981]]

SEC. 417. <<NOTE: Missouri.>>  DESIGNATION OF SENATOR ROY BLUNT 
                        GEOSPATIAL LEARNING CENTER.

    (a) Designation.--The Geospatial Learning Center in the Next NGA 
West facility in St. Louis, Missouri, shall after the date of the 
enactment of this Act be known and designated as the ``Senator Roy Blunt 
Geospatial Learning Center''.
    (b) References.--Any reference in any law, regulation, map, 
document, paper, or other record of the United States to the Geospatial 
Learning Center in the Next NGA West facility referred to in subsection 
(a) shall be deemed to be a reference to the ``Senator Roy Blunt 
Geospatial Learning Center''.

                 TITLE V--MATTERS RELATING TO OVERSIGHT

SEC. 501. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.

    (a) Prohibited Personnel Practices in the Intelligence Community.--
            (1) Threats relating to personnel actions.--
                    (A) Agency employees.--Section 1104(b) of the 
                National Security Act of 1947 (50 U.S.C. 3234(b)) is 
                amended, in the matter preceding paragraph (1)--
                          (i) by striking ``Any employee of an agency'' 
                      and inserting ``Any employee of a covered 
                      intelligence community element or an agency''; and
                          (ii) by inserting ``, or threaten to take or 
                      fail to take,'' after ``take or fail to take''.
                    (B) Contractor employees.--Section 1104(c)(1) of 
                such Act (50 U.S.C. 3234(c)(1)) is amended, in the 
                matter preceding subparagraph (A), by inserting ``, or 
                threaten to take or fail to take,'' after ``take or fail 
                to take''.
            (2) Protection for contractor employees against reprisal 
        from agency employees.--Section 1104(c)(1) of such Act (50 
        U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this 
        subsection, is further amended, in the matter preceding 
        subparagraph (A), by inserting ``of an agency or'' after ``Any 
        employee''.
            (3) Enforcement.--Subsection (d) of section 1104 of such Act 
        (50 U.S.C. 3234) is amended to read as follows:

    ``(d) <<NOTE: President.>>  Enforcement.--The President shall 
provide for the enforcement of this section consistent, to the fullest 
extent possible, with the policies and procedures used to adjudicate 
alleged violations of section 2302(b)(8) of title 5, United States 
Code.''.

    (b) Retaliatory Revocation of Security Clearances and Access 
Determinations.--
            (1) Enforcement.--Section 3001(j) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) is 
        amended--
                    (A) by redesignating paragraph (8) as paragraph (9); 
                and
                    (B) by inserting after paragraph (7) the following:
            ``(8) <<NOTE: President.>>  Enforcement.--Except as 
        otherwise provided in this subsection, the President shall 
        provide for the enforcement of this section consistent, to the 
        fullest extent possible, with

[[Page 136 STAT. 982]]

        the policies and procedures used to adjudicate alleged 
        violations of section 2302(b)(8) of title 5, United States 
        Code.''.
            (2) Tolling of deadline for appeal of prohibited reprisal.--
        Section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is 
        amended--
                    (A) in subparagraph (A), by inserting ``(except as 
                provided by subparagraph (D))'' after ``within 90 
                days''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(D) Tolling.--The time requirement established by 
                subparagraph (A) for an employee or former employee to 
                appeal the decision of an agency may be tolled if the 
                employee or former employee presents substantial 
                credible evidence showing why the employee or former 
                employee did not timely initiate the appeal and why the 
                enforcement of the time requirement would be unfair, 
                such as evidence showing that the employee or former 
                employee--
                          ``(i) did not receive notice of the decision; 
                      or
                          ``(ii) could not timely initiate the appeal 
                      because of factors beyond the control of the 
                      employee or former employee.''.

    (c) Correction of Definition of Agency.--Section 3001(a)(1)(B) of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341(a)(1)(B)) is amended by striking ``and'' and inserting ``or''.
    (d) Establishing Consistency With Respect to Protections for 
Disclosures of Mismanagement.--
            (1) Security clearance and access determinations.--Section 
        3001(j)(1) of the Intelligence Reform and Terrorism Prevention 
        Act of 2004 (50 U.S.C. 3341(j)(1)) is amended--
                    (A) in subparagraph (A)(ii), by striking ``gross 
                mismanagement'' and inserting ``mismanagement''; and
                    (B) in subparagraph (B)(ii), by striking ``gross 
                mismanagement'' and inserting ``mismanagement''.
            (2) Personnel actions against contractor employees.--Section 
        1104(c)(1)(B) of the National Security Act of 1947 (50 U.S.C. 
        3234(c)(1)(B)) is amended by striking ``gross mismanagement'' 
        and inserting ``mismanagement''.

    (e) Protected Disclosures to Supervisors.--
            (1) Personnel actions.--
                    (A) Disclosures by agency employees to 
                supervisors.--Section 1104(b) of the National Security 
                Act of 1947 (50 U.S.C. 3234(b)), as amended by 
                subsection (a)(1)(A), is further amended, in the matter 
                preceding paragraph (1), by inserting ``a supervisor in 
                the employee's direct chain of command, or a supervisor 
                of the employing agency with responsibility for the 
                subject matter of the disclosure, up to and including'' 
                before ``the head of the employing agency''.
                    (B) Disclosures by contractor employees to 
                supervisors.--Section 1104(c)(1) of such Act (50 U.S.C. 
                3234(c)(1)), as amended by subsection (a), is further 
                amended, in the matter preceding subparagraph (A), by 
                inserting ``a supervisor in the contractor employee's 
                direct chain of command, or a supervisor of the 
                contracting agency with responsibility for the subject 
                matter of the disclosure,

[[Page 136 STAT. 983]]

                up to and including'' before ``the head of the 
                contracting agency''.
            (2) Security clearance and access determinations.--Section 
        3001(j)(1)(A) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended, in 
        the matter preceding clause (i), by inserting ``a supervisor in 
        the employee's direct chain of command, or a supervisor of the 
        employing agency with responsibility for the subject matter of 
        the disclosure, up to and including'' before ``the head of the 
        employing agency''.

    (f) Establishing Parity for Protected Disclosures.--Section 1104 of 
the National Security Act of 1947 (50 U.S.C. 3234) is further amended--
            (1) in subsection (b), as amended by subsections (a)(1)(A) 
        and (e)(1)(A)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and moving such 
                subparagraphs, as so redesignated, 2 ems to the right;
                    (B) in the matter preceding subparagraph (A), as 
                redesignated and moved by subparagraph (A) of this 
                paragraph, by striking ``for a lawful disclosure'' and 
                inserting the following: ``for--
            ``(1) any lawful disclosure''; and
                    (C) by adding at the end the following:
            ``(2) any lawful disclosure that complies with--
                    ``(A) subsections (a)(1), (d), and (g) of section 8H 
                of the Inspector General Act of 1978 (5 U.S.C. App.);
                    ``(B) subparagraphs (A), (D), and (H) of section 
                17(d)(5) of the Central Intelligence Agency Act of 1949 
                (50 U.S.C. 3517(d)(5)); or
                    ``(C) subparagraphs (A), (D), and (I) of section 
                103H(k)(5); or
            ``(3) if the actions do not result in the employee 
        unlawfully disclosing information specifically required by 
        Executive order to be kept classified in the interest of 
        national defense or the conduct of foreign affairs, any lawful 
        disclosure in conjunction with--
                    ``(A) the exercise of any appeal, complaint, or 
                grievance right granted by any law, rule, or regulation;
                    ``(B) testimony for or otherwise lawfully assisting 
                any individual in the exercise of any right referred to 
                in subparagraph (A); or
                    ``(C) cooperation with or disclosing information to 
                the Inspector General of an agency, in accordance with 
                applicable provisions of law in connection with an 
                audit, inspection, or investigation conducted by the 
                Inspector General.''; and
            (2) in subsection (c)(1), as amended by subsections (a), 
        (d)(2), and (e)(1)(B)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and moving such 
                clauses, as so redesignated, 2 ems to the right;
                    (B) in the matter preceding clause (i), as 
                redesignated and moved by subparagraph (A) of this 
                paragraph, by striking ``for a lawful disclosure'' and 
                inserting the following: ``for--
            ``(A) any lawful disclosure''; and

[[Page 136 STAT. 984]]

                    (C) by adding at the end the following:
            ``(B) any lawful disclosure that complies with--
                    ``(i) subsections (a)(1), (d), and (g) of section 8H 
                of the Inspector General Act of 1978 (5 U.S.C. App.);
                    ``(ii) subparagraphs (A), (D), and (H) of section 
                17(d)(5) of the Central Intelligence Agency Act of 1949 
                (50 U.S.C. 3517(d)(5)); or
                    ``(iii) subparagraphs (A), (D), and (I) of section 
                103H(k)(5); or
            ``(C) if the actions do not result in the contractor 
        employee unlawfully disclosing information specifically required 
        by Executive order to be kept classified in the interest of 
        national defense or the conduct of foreign affairs, any lawful 
        disclosure in conjunction with--
                    ``(i) the exercise of any appeal, complaint, or 
                grievance right granted by any law, rule, or regulation;
                    ``(ii) testimony for or otherwise lawfully assisting 
                any individual in the exercise of any right referred to 
                in clause (i); or
                    ``(iii) cooperation with or disclosing information 
                to the Inspector General of an agency, in accordance 
                with applicable provisions of law in connection with an 
                audit, inspection, or investigation conducted by the 
                Inspector General.''.

    (g) Clarification Relating to Protected Disclosures.--Section 1104 
of the National Security Act of 1947 (50 U.S.C. 3234) is further 
amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (c) the following:

    ``(d) Rule of Construction.--Consistent with the protection of 
intelligence sources and methods, nothing in subsection (b) or (c) shall 
be construed to authorize--
            ``(1) the withholding of information from Congress; or
            ``(2) the taking of any personnel action against an employee 
        who lawfully discloses information to Congress.

    ``(e) Disclosures.--A disclosure shall not be excluded from this 
section because--
            ``(1) the disclosure was made to an individual, including a 
        supervisor, who participated in an activity that the employee 
        reasonably believed to be covered under subsection (b)(1)(B) or 
        the contractor employee reasonably believed to be covered under 
        subsection (c)(1)(A)(ii);
            ``(2) the disclosure revealed information that had been 
        previously disclosed;
            ``(3) the disclosure was not made in writing;
            ``(4) the disclosure was made while the employee was off 
        duty;
            ``(5) of the amount of time which has passed since the 
        occurrence of the events described in the disclosure; or
            ``(6) the disclosure was made during the normal course of 
        duties of an employee or contractor employee.''.

    (h) Correction Relating to Normal Course Disclosures.--Section 
3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341(j)(3)) is amended--

[[Page 136 STAT. 985]]

            (1) by striking ``Disclosures.--'' and all that follows 
        through ``because--'' and inserting ``Disclosures.--A disclosure 
        shall not be excluded from paragraph (1) because--'';
            (2) by striking subparagraph (B);
            (3) by redesignating clauses (i) through (v) as 
        subparagraphs (A) through (E), respectively, and moving such 
        subparagraphs, as so redesignated, 2 ems to the left;
            (4) in subparagraph (D), as so redesignated, by striking 
        ``or'' at the end;
            (5) in subparagraph (E), as redesignated by paragraph (3), 
        by striking the period at the end and inserting ``; or''; and
            (6) by adding at the end the following:
                    ``(F) the disclosure was made during the normal 
                course of duties of an employee.''.

    (i) Clarification Relating to Rule of Construction.--Section 
3001(j)(2) of the Intelligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341(j)(2)) is amended by inserting ``or clearance 
action'' after ``personnel action''.
    (j) Clarification Relating to Prohibited Practices.--Section 
3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341(j)(1)), as amended by this section, is further 
amended by striking ``over'' and inserting ``to take, direct others to 
take, recommend, or approve''.
    (k) Technical Correction.--Section 3001(j)(1)(C)(i) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341(j)(1)(C)(i)) is amended by striking ``(h)'' and inserting ``(g)''.
    (l) <<NOTE: Assessment.>>  Report Required.--Not later than 180 days 
after the date of the enactment of this Act, the Inspector General of 
the Intelligence Community shall submit to the congressional 
intelligence committees a report assessing the extent to which 
protections provided under Presidential Policy Directive 19 (relating to 
protecting whistleblowers with access to classified information) have 
been codified in statutes.
SEC. 502. AUTHORITIES REGARDING WHISTLEBLOWER COMPLAINTS AND 
                        INFORMATION OF URGENT CONCERN RECEIVED BY 
                        INSPECTORS GENERAL OF THE INTELLIGENCE 
                        COMMUNITY.

    (a) Authority of Inspector General of the Intelligence Community to 
Determine Matters of Urgent Concern.--Section 103H(k)(5)(G) of the 
National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is amended--
            (1) by redesignating clauses (i), (ii), and (iii) as 
        subclauses (I), (II), and (III), respectively;
            (2) in the matter preceding subclause (I), as redesignated 
        by paragraph (1), by inserting ``(i)'' before ``In this''; and
            (3) by adding at the end the following new clause:

    ``(ii) Within the executive branch, the Inspector General shall have 
sole authority to determine whether any complaint or information 
reported to the Inspector General is a matter of urgent concern under 
this paragraph.''.
    (b) Authority of Inspectors General to Determine Matters of Urgent 
Concern.--Subsection (h) of section 8H of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended--

[[Page 136 STAT. 986]]

            (1) in paragraph (1), by redesignating paragraphs (A), (B), 
        and (C) as clauses (i), (ii), and (iii), respectively (and 
        indenting such clauses accordingly);
            (2) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively (and indenting such subparagraphs 
        accordingly);
            (3) in the matter preceding subparagraph (A), as 
        redesignated by paragraph (2), by inserting ``(1)'' before ``In 
        this''; and
            (4) by adding at the end the following new paragraph:

    ``(2) Within the executive branch, an Inspector General to whom any 
complaint or information is reported under this section shall have sole 
authority to determine whether the complaint or information is a matter 
of urgent concern under this section.''.
    (c) Authority of Inspector General of Central Intelligence Agency to 
Determine Matters of Urgent Concern.--Section 17(d)(5)(G) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)(G)) is amended--
            (1) in clause (i), by redesignating subclauses (I), (II), 
        and (III) as items (aa), (bb), and (cc), respectively (and 
        indenting such items accordingly);
            (2) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively (and indenting such subclauses 
        accordingly);
            (3) in the matter preceding clause (I), as redesignated by 
        subparagraph (B), by inserting ``(i)'' before ``In this''; and
            (4) by adding at the end the following new clause:

    ``(ii) Within the executive branch, the Inspector General shall have 
sole authority to determine whether any complaint or information 
reported to the Inspector General is a matter of urgent concern under 
this paragraph.''.
SEC. 503. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF 
                        FUNDING FOR INTELLIGENCE ACTIVITIES.

    Paragraph (1) of section 504(a) of the National Security Act of 1947 
(50 U.S.C. 3094(a)) is amended to read as follows:
            ``(1) those funds were specifically authorized by Congress 
        for use for such intelligence or intelligence-related 
        activities; or''.
SEC. 504. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS PROGRAMS.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.) is amended by inserting after section 501 the 
following new section (and conforming the table of contents at the 
beginning of such Act accordingly):
``SEC. 501A. <<NOTE: 50 USC 3091a.>>  CONGRESSIONAL OVERSIGHT OF 
                          CONTROLLED ACCESS PROGRAMS.

    ``(a) Periodic Briefings.--
            ``(1) Requirement.--Not less frequently than semiannually or 
        upon request by one of the appropriate congressional committees 
        or a member of congressional leadership, the Director of 
        National Intelligence shall provide to such committees and 
        congressional leadership a briefing on each controlled access 
        program in effect.
            ``(2) Contents.--Each briefing provided under paragraph (1) 
        shall include, at a minimum, the following:

[[Page 136 STAT. 987]]

                    ``(A) A description of the activity of the 
                controlled access programs during the period covered by 
                the briefing.
                    ``(B) <<NOTE: Records.>>  Documentation with respect 
                to how the controlled access programs have achieved 
                outcomes consistent with requirements documented by the 
                Director and, as applicable, the Secretary of Defense.

    ``(b) <<NOTE: Notification.>>  Limitation on Establishment.--A head 
of an element of the intelligence community may not establish a 
controlled access program, or a compartment or subcompartment therein, 
until the head notifies the appropriate congressional committees and 
congressional leadership of such controlled access program, compartment, 
or subcompartment, as the case may be.

    ``(c) Annual Reports.--
            ``(1) Requirement.--On an annual basis, the head of each 
        element of the intelligence community shall submit to the 
        appropriate congressional committees and congressional 
        leadership a report on controlled access programs administered 
        by the head.
            ``(2) <<NOTE: Lists.>>  Matters included.--Each report 
        submitted under paragraph (1) shall include, with respect to the 
        period covered by the report, the following:
                    ``(A) A list of all compartments and subcompartments 
                of controlled access programs active as of the date of 
                the report.
                    ``(B) A list of all compartments and subcompartments 
                of controlled access programs terminated during the 
                period covered by the report.
                    ``(C) <<NOTE: Certification.>>  With respect to the 
                report submitted by the Director of National 
                Intelligence, in addition to the matters specified in 
                clauses (A) and (B)--
                          ``(i) a certification regarding whether the 
                      creation, validation, or substantial modification, 
                      including termination, for all existing and 
                      proposed controlled access programs, and the 
                      compartments and subcompartments within each, are 
                      substantiated and justified based on the 
                      information required by clause (ii); and
                          ``(ii) for each certification--
                                    ``(I) the rationale for the 
                                revalidation, validation, or substantial 
                                modification, including termination, of 
                                each controlled access program, 
                                compartment, and subcompartment;
                                    ``(II) the identification of a 
                                control officer for each controlled 
                                access program; and
                                    ``(III) a statement of protection 
                                requirements for each controlled access 
                                program.

    ``(d) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the congressional intelligence committees;
                    ``(B) the Committee on Appropriations of the Senate; 
                and
                    ``(C) the Committee on Appropriations of the House 
                of Representatives.
            ``(2) Congressional leadership.--The term `congressional 
        leadership' means--
                    ``(A) the majority leader of the Senate;
                    ``(B) the minority leader of the Senate;

[[Page 136 STAT. 988]]

                    ``(C) the Speaker of the House of Representatives; 
                and
                    ``(D) the minority leader of the House of 
                Representatives.
            ``(3) Controlled access program.--The term `controlled 
        access program' means a program created or managed pursuant to 
        Intelligence Community Directive 906, or successor directive.''.

    (b) First Reports.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the head of each element of the 
        intelligence community shall submit to the appropriate 
        congressional committees and congressional leadership a report 
        on all controlled access programs of the element in effect.
            (2) Matters addressed.--Each report under paragraph (1) 
        shall address, for each controlled access program covered by the 
        report, the following:
                    (A) Date of initial operational capability.
                    (B) Rationale.
                    (C) Annual level of funding.
                    (D) Current operational use.

    (c) Briefing.--
            (1) <<NOTE: Deadline. Time period.>>  Requirement.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the Director of National Intelligence shall provide to the 
        appropriate congressional committees and congressional 
        leadership a briefing on all controlled access programs 
        established during the 3-year period preceding such date of 
        enactment that have not been previously briefed to such 
        committees and leadership.
            (2) Limitation.--If the Director does not carry out 
        paragraph (1) by the date specified in that paragraph, no funds 
        may be obligated or expended by an element of the intelligence 
        community to carry out a controlled access program described in 
        that paragraph, or a compartment or subcompartment therein, 
        until the head of that element has provided to the appropriate 
        congressional committees and congressional leadership a briefing 
        on the controlled access program.

    (d) Definitions.--In this section, the terms ``appropriate 
congressional committees'', ``congressional leadership'', and 
``controlled access programs'' have the meanings given those terms in 
section 501A of the National Security Act of 1947, as added by 
subsection (a).
    (e) Conforming Repeal.--Section 608 of the Intelligence 
Authorization Act for Fiscal Year 2017 (division N of Public Law 115-31; 
131 Stat. 833; 50 U.S.C. 3315) is amended by striking subsection (b).
SEC. 505. ANNUAL REPORTS ON DOMESTIC ACTIVITIES OF INTELLIGENCE 
                        COMMUNITY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Federal Bureau of Investigation and the Department 
        of Homeland Security conduct vital work in enforcing the rule of 
        law and safeguarding the people of the United States from harm;
            (2) the Intelligence Reform and Terrorism Prevention Act of 
        2004 (Public Law 108-458; 118 Stat. 3638) sought to facilitate

[[Page 136 STAT. 989]]

        greater information sharing between law enforcement and 
        intelligence communities for the purpose of thwarting attacks on 
        the homeland from international terrorist organizations;
            (3) National Intelligence Program funds should be expended 
        only in support of intelligence activities with a foreign nexus, 
        consistent with the definition of ``intelligence'' provided by 
        Congress in section 3 of the National Security Act of 1947 (50 
        U.S.C. 3003); and
            (4) the intelligence community should not engage in the 
        collection, assessment, or analysis of information that pertains 
        exclusively to United States persons absent a foreign nexus.

    (b) Requirement.--Title V of the National Security Act of 1947 (50 
U.S.C. 3231 et seq.), is amended by adding at the end the following new 
section (and conforming the table of contents at the beginning of such 
Act accordingly):
``SEC. 513. <<NOTE: 50 USC 3112.>>  ANNUAL REPORTS ON THE DOMESTIC 
                        ACTIVITIES OF THE INTELLIGENCE COMMUNITY.

    ``(a) Reports.--Not later than January 31 of each year, the Director 
of National Intelligence shall submit to the congressional intelligence 
committees a report--
            ``(1) identifying all domestic activities undertaken by each 
        element of the intelligence community during the prior fiscal 
        year; and
            ``(2) for each activity identified under paragraph (1), a 
        statement of the legal authority authorizing such activity to be 
        undertaken.

    ``(b) Form.--Each report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.''.
    (c) <<NOTE: 50 USC 3112 note.>>  First Report.--Not later than 90 
days after the date of the enactment of this Act, the Director of 
National Intelligence shall submit to the appropriate congressional 
committees the first report required under section 513 of the National 
Security Act of 1947, as added by subsection (a).

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the Subcommittees on Commerce, Justice, Science, and 
        Related Agencies and the Subcommittees on Homeland Security of 
        the Committees on Appropriations of the House of Representatives 
        and the Senate.
SEC. 506. REPORTS RELATING TO INSPECTOR GENERAL OF DEFENSE 
                        INTELLIGENCE AGENCY.

    (a) Report on Responses by Inspector General to Substantiated 
Allegations.--
            (1) <<NOTE: Time period.>>  Report.--Not later than 180 days 
        after the date of the enactment of this Act, the Director of the 
        Defense Intelligence Agency shall submit to the appropriate 
        congressional committees a report on allegations of reprisal or 
        abuse of authority determined to be substantiated by the 
        Inspector General of the Defense Intelligence Agency during the 
        5-year period preceding the date of the enactment of this Act.
            (2) Matters included.--The report under paragraph (1) shall 
        include, with respect to each allegation determined to be 
        substantiated during the 5-year period specified in such 
        paragraph, a description of the following:

[[Page 136 STAT. 990]]

                    (A) Details of each substantiated allegation.
                    (B) The rank or grade of the individuals involved in 
                the allegation.
                    (C) <<NOTE: Recommenda- tions.>>  Any disciplinary 
                action recommended by the Inspector General in response 
                to the allegation, or, if the Inspector General 
                recommended no disciplinary action be taken in response, 
                any justification for such recommendation.
                    (D) Any disciplinary action taken by the relevant 
                manager of the Defense Intelligence Agency in response 
                to the allegation.
                    (E) Whether the relevant manager reduced, or 
                declined to take, a disciplinary action recommended by 
                the Inspector General in response to the allegation.
                    (F) Any justification from the relevant manager 
                regarding the decision to take, reduce, or decline to 
                take, a disciplinary action recommended by the Inspector 
                General in response to the allegation.
                    (G) The process by which Defense Intelligence Agency 
                management reviews and makes decisions regarding 
                disciplinary actions in response to substantiated 
                allegations, including--
                          (i) <<NOTE: Criteria.>>  the criteria applied 
                      by management in making the decision to take, 
                      reduce, or decline to take, a disciplinary action;
                          (ii) a description of which managers have the 
                      authority to make such decisions, including the 
                      rank or grade of the managers; and
                          (iii) a description of any formal or informal 
                      appeals processes available with respect to such 
                      decisions.
            (3) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may include a classified annex.

    (b) Report on Processes for Ensuring Independence of Inspector 
General.--
            (1) Report.--Not later than 30 days after the date of the 
        enactment of this Act, the Director of the Defense Intelligence 
        Agency shall submit to the appropriate congressional committees 
        and the Council of the Inspectors General on Integrity and 
        Efficiency established under section 11 of the Inspector General 
        Act of 1978 (5 U.S.C. App.) a report on the processes of the 
        Defense Intelligence Agency for ensuring the independence of the 
        position of the Inspector General of the Defense Intelligence 
        Agency.
            (2) Matters included.--The report under paragraph (1) shall 
        include a description of the following:
                    (A) The selection criteria used by the Director in 
                the appointment of the Inspector General.
                    (B) The methods used by the Director to ensure the 
                independence of the position of the Inspector General, 
                including--
                          (i) the process for vetting candidates for 
                      such position for independence from leadership of 
                      the Defense Intelligence Agency and from officials 
                      occupying positions in the Defense Intelligence 
                      Senior Executive Service; and
                          (ii) the process for evaluating such 
                      candidates for conflicts of interest.

[[Page 136 STAT. 991]]

            (3) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may include a classified annex.

    (c) Assessment by Council of Inspectors General on Integrity and 
Efficiency.--
            (1) Assessment.--Not later than 120 days after the date of 
        the enactment of this Act, the Council of the Inspectors General 
        on Integrity and Efficiency shall--
                    (A) conduct an assessment of the effectiveness of 
                the selection criteria and methods specified in 
                subsection (b)(2) with respect to the position of the 
                Inspector General of the Defense Intelligence Agency; 
                and
                    (B) submit to the appropriate congressional 
                committees a report containing the results of such 
                assessment.
            (2) Form.--The report under paragraph (1)(B) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the Committees on Armed Services of the House of 
        Representatives and the Senate.

   TITLE VI--ANOMALOUS HEALTH INCIDENTS AND OTHER HEALTH CARE MATTERS

SEC. 601. COMPENSATION AND PROFESSIONAL STANDARDS FOR CERTAIN 
                        MEDICAL OFFICERS OF CENTRAL INTELLIGENCE 
                        AGENCY.

    The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et 
seq.), as amended by section 411, is further amended by adding at the 
end the following new section:
``SEC. 27. <<NOTE: 50 USC 3528.>>  COMPENSATION AND PROFESSIONAL 
                      STANDARDS FOR CERTAIN MEDICAL OFFICERS.

    ``(a) Office of Medical Services.--There is in the Agency an Office 
of Medical Services.
    ``(b) <<NOTE: Deadline.>>  Compensation.--Beginning not later than 1 
year after the date of the enactment of the Intelligence Authorization 
Act for Fiscal Year 2022, each medical officer of the Office of Medical 
Services who meets the qualifications under subsection (c) shall be 
compensated during a pay period pursuant to a pay range that is equal to 
the pay range published in the Federal Register pursuant to section 
7431(e)(1)(C) of title 38, United States Code (for the corresponding pay 
period), for a physician in the Veterans Health Administration in the 
District of Columbia region with a medical subspecialty that is the 
equivalent of the medical subspecialty of the officer.

    ``(c) Clinical Practice Qualifications.--A medical officer meets the 
qualifications under this subsection if the officer provides direct care 
services to patients in connection with the official duties of the 
officer and--
            ``(1) maintains current, active, full, and unrestricted 
        licensure or registration as a physician from a State, the 
        District

[[Page 136 STAT. 992]]

        of Columbia, or a commonwealth or territory of the United 
        States;
            ``(2) holds active board certification and maintains 
        accreditation in an American Board of Medical Specialties direct 
        care clinical specialty; and
            ``(3) except as provided in subsection (d), maintains a 
        minimum of 96 hours per year of clinical practice in an 
        accredited clinic or hospital facility that is not affiliated 
        with the Central Intelligence Agency.

    ``(d) <<NOTE: Time period.>>  Exception for Overseas Service.--If a 
medical officer is a medical officer located in a duty station outside 
of the United States pursuant to a permanent change of station and 
greater than 50 percent of the official duties of the officer in such 
duty station involve direct patient care, the officer, in lieu of 
performing the minimum hours under subsection (c)(3) on an annual basis, 
may count up to 480 hours of clinical practice performed as specified in 
such subsection prior to such change of station, to fulfill in advance 
the requirement under such subsection for up to 3 years.

    ``(e) Clinical Practice Hours.--The head of the Office of Medical 
Services shall make available to medical officers excused absence time 
to allow for the maintenance of clinical practice hours in accordance 
with subsection (c)(3).''.
SEC. 602. MEDICAL ADVISORY BOARD OF CENTRAL INTELLIGENCE AGENCY.

    (a) Establishment.--The Central Intelligence Agency Act of 1949 (50 
U.S.C. 3501 et seq.), as amended by section 601, is further amended by 
adding at the end the following new section:
``SEC. 28. <<NOTE: 50 USC 3529.>>  MEDICAL ADVISORY BOARD.

    ``(a) Establishment.--The Director shall establish within the Agency 
a medical advisory board (in this section referred to as the `Board').
    ``(b) Duties.--The Board shall--
            ``(1) conduct a study on the Office of Medical Services of 
        the Agency, and submit reports regarding such study, in 
        accordance with subsection (c); and
            ``(2) upon request, provide advice and guidance in 
        connection with any independent review of the Office conducted 
        by an inspector general.

    ``(c) Study.--
            ``(1) Objectives.--In conducting the study under subsection 
        (b)(1), the Board shall seek to--
                    ``(A) contribute to the modernization and reform of 
                the Office of Medical Services;
                    ``(B) ensure that the activities of the Office are 
                of the highest professional quality; and
                    ``(C) ensure that all medical care provided by the 
                Office is provided in accordance with the highest 
                professional medical standards.
            ``(2) Reports.--The Board shall submit to the congressional 
        intelligence committees, in writing--
                    ``(A) interim reports on the study; and
                    ``(B) a final report on the study, which shall--
                          ``(i) <<NOTE: Recommenda- tions.>>  set forth 
                      in detail the findings of the study and the 
                      recommendations of the Board, based on such 
                      findings and taking into consideration the 
                      objectives

[[Page 136 STAT. 993]]

                      under paragraph (1), regarding any changes to the 
                      activities of the Office of Medical Services; and
                          ``(ii) include, as applicable, any additional 
                      or dissenting views submitted by a member of the 
                      Board.

    ``(d) Membership.--
            ``(1) Number and appointment.--The Board shall be composed 
        of 9 members, appointed as follows:
                    ``(A) 1 member appointed by the Speaker of the House 
                of Representatives.
                    ``(B) 1 member appointed by the minority leader of 
                the House of Representatives.
                    ``(C) 1 member appointed by the majority leader of 
                the Senate.
                    ``(D) 1 member appointed by the minority leader of 
                the Senate.
                    ``(E) 1 member appointed by the Chairman of the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
                    ``(F) 1 member appointed by the ranking minority 
                member of the Permanent Select Committee on Intelligence 
                of the House of Representatives.
                    ``(G) 1 member appointed by the Chairman of the 
                Select Committee on Intelligence of the Senate.
                    ``(H) 1 member appointed by the Vice Chairman of the 
                Select Committee on Intelligence of the Senate.
                    ``(I) 1 member appointed by the Director of National 
                Intelligence.
            ``(2) Chairperson.--During the first meeting under 
        subsection (e)(1), the members of the Board shall elect a 
        Chairperson of the Board. In addition to meeting the criteria 
        under paragraph (3), the Chairperson may not be an employee, or 
        former employee, of the Agency.
            ``(3) Criteria.--The members appointed under paragraph (1) 
        shall meet the following criteria:
                    ``(A) Each member shall be a recognized expert in at 
                least 1 medical field, as demonstrated by appropriate 
                credentials.
                    ``(B) Each member shall possess significant and 
                diverse medical experience, including clinical 
                experience.
                    ``(C) Each member shall be eligible to hold an 
                appropriate security clearance.
            ``(4) Terms.--
                    ``(A) In general.--Each member, including the 
                Chairperson, shall be appointed or elected, as 
                applicable, for the life of the Board.
                    ``(B) Vacancies.--Any vacancy in the Board occurring 
                prior to the expiration of the term under subparagraph 
                (A) shall be filled in the manner in which the original 
                appointment or election was made.
            ``(5) Compensation and travel expenses.--
                    ``(A) Compensation.--Except as provided in 
                subparagraph (B), each member of the Board, including 
                the Chairperson, may be compensated at not to exceed the 
                daily equivalent of the annual rate of basic pay in 
                effect for a position at level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code, for each day

[[Page 136 STAT. 994]]

                during which that member is engaged in the actual 
                performance of the duties under subsection (b).
                    ``(B) Exception for federal employees.--Members of 
                the Board, including the Chairperson, who are officers 
                or employees of the United States shall receive no 
                additional pay by reason of the service of the member on 
                the Board.
                    ``(C) Travel expenses.--Each member of the Board, 
                including the Chairperson, while away from the home or 
                regular places of business of the member in the 
                performance of services for the Board, may be allowed 
                travel expenses, including per diem in lieu of 
                subsistence, in the same manner as persons employed 
                intermittently in the Government service are allowed 
                expenses under section 5703 of title 5, United States 
                Code.
            ``(6) Detailees.--
                    ``(A) In general.--Upon request of the Board, the 
                Director of National Intelligence may detail to the 
                Board, without reimbursement from the Board, any of the 
                personnel of the Office of the Director of National 
                Intelligence to assist in carrying out the duties under 
                subsection (b). Any such detailed personnel shall retain 
                the rights, status, and privileges of the regular 
                employment of the personnel without interruption.
                    ``(B) Clearance.--Any personnel detailed to the 
                Board under subparagraph (A) shall possess a security 
                clearance in accordance with applicable laws and 
                regulations concerning the handling of classified 
                information.

    ``(e) <<NOTE: Time periods.>>  Meetings.--
            ``(1) Board meetings.--The Board shall meet not less 
        frequently than on a quarterly basis.
            ``(2) Meetings with congress.--The Board shall meet with the 
        congressional intelligence committees on a biannual basis.

    ``(f) Information Access.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Board may secure directly from any department or agency of the 
        United States Government information necessary to enable it to 
        carry out the duties under subsection (b) and, upon request of 
        the Chairperson of the Board, the head of that department or 
        agency shall furnish such information to the Board.
            ``(2) Exception.--The Director (without delegation) may deny 
        a request for information made by the Board pursuant to 
        paragraph (1), regardless of the agency from which such 
        information is requested.
            ``(3) <<NOTE: Deadline.>>  Notification requirement.--If the 
        Director denies a request under paragraph (2), not later than 15 
        days after the date of such denial, the Director shall submit to 
        the congressional intelligence committees a written notification 
        of such denial.
            ``(4) Briefings.--The Director shall ensure that the Board 
        receives comprehensive briefings on all activities of the Office 
        of Medical Services, including by promptly scheduling such 
        briefings at the request of the Board.

    ``(g) Termination.--The Board shall terminate on the date that is 5 
years after the date of the first meeting of the Board.

[[Page 136 STAT. 995]]

    ``(h) Definitions.--In this section, the terms `congressional 
intelligence committees' and `intelligence community' have the meanings 
given such terms in section 3 of the National Security Act of 1947 (50 
U.S.C. 3003).''.
    (b) <<NOTE: 50 USC 3529 note.>>  Deadline for Appointments; First 
Meetings.--
            (1) Deadline for appointments.--Each member of the medical 
        advisory board established under section 28 of the Central 
        Intelligence Agency Act of 1949 (as added by subsection (a)), 
        including the Chairperson, shall be appointed or elected, as 
        applicable, in accordance with subsection (d) of such section by 
        not later than 45 days after the date of the enactment of this 
        Act.
            (2) First board meeting.--Not later than 30 days after the 
        first date on which at least 5 members of the Board described in 
        paragraph (1) hold the security clearance and are able to access 
        information in accordance with subsection (d)(3)(C) of such 
        section 28, the Board shall meet. During such meeting, the 
        Director of the Central Intelligence Agency shall provide to the 
        Board a comprehensive briefing on all aspects of the Office of 
        Medical Services of the Central Intelligence Agency.
            (3) First meeting with congress.--Not later than 30 days 
        after the date of the briefing under paragraph (2), the Board 
        described in such paragraph shall meet with the staff members of 
        the congressional intelligence committees to discuss topics for 
        the Board to examine in carrying out the duties under subsection 
        (b) of such section 28.
SEC. 603. CLARIFICATION OF EFFECT OF CERTAIN BENEFITS RELATING TO 
                        INJURIES TO THE BRAIN.

    (a) Personnel of Central Intelligence Agency.--Section 19A(d) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) is amended 
by adding at the end the following new paragraph:
            ``(5) No effect on other benefits.--Payments made under 
        paragraph (2) are supplemental to any other benefit furnished by 
        the United States Government for which a covered dependent, 
        covered employee, or covered individual is entitled, and the 
        receipt of such payments may not affect the eligibility of such 
        a person to any other benefit furnished by the United States 
        Government.''.

    (b) Personnel of Department of State.--Section 901(i) of title IX of 
division J of the Further Consolidated Appropriations Act, 2020 (22 
U.S.C. 2680b(i)) is amended by adding at the end the following new 
paragraph:
            ``(5) No effect on other benefits.--Payments made under 
        paragraph (2) are supplemental to any other benefit furnished by 
        the United States Government for which a covered dependent, 
        dependent of a former employee, covered employee, former 
        employee, or covered individual is entitled, and the receipt of 
        such payments may not affect the eligibility of such a person to 
        any other benefit furnished by the United States Government.''.

[[Page 136 STAT. 996]]

SEC. 604. <<NOTE: 50 USC 3334j.>>  ACCESS TO CERTAIN FACILITIES OF 
                        UNITED STATES GOVERNMENT FOR ASSESSMENT OF 
                        ANOMALOUS HEALTH CONDITIONS.

    (a) Assessment.--The Director of National Intelligence shall ensure 
that the elements of the intelligence community provide to individuals 
described in subsection (c) who are experiencing symptoms of anomalous 
health conditions timely access for medical assessment to facilities of 
the United States Government with expertise in traumatic brain injury.
    (b) <<NOTE: Coordination. Deadline.>>  Process for Assessment and 
Treatment.--In carrying out subsection (a), the Director of National 
Intelligence shall coordinate with the Secretary of Defense and the 
heads of such Federal agencies as the Director considers appropriate to 
ensure that, by not later than 60 days after the date of the enactment 
of this Act, there is a process to provide the individuals described in 
subsection (c) with timely access to the National Intrepid Center of 
Excellence, an Intrepid Spirit Center, or an appropriate medical 
treatment facility for assessment as described in subsection (a) and, if 
necessary, treatment.

    (c) Individuals Described.--The individuals described in this 
subsection are employees of elements of the intelligence community and 
the dependents or other immediate family members of such employees.
SEC. 605. <<NOTE: 50 USC 3334k.>>  REPORT ON PROTOCOLS FOR CERTAIN 
                        INTELLIGENCE COMMUNITY EMPLOYEES AND 
                        DEPENDENTS.

    (a) <<NOTE: President.>>  In General.--Beginning not later than 180 
days after the date of enactment of this Act, the President shall 
develop, for uniform implementation across the elements of the 
intelligence community, each of the protocols described in subsections 
(c) through (f). <<NOTE: Review.>>  Such protocols shall be subject to 
review and revision on a periodic basis, and any implementation of such 
protocols shall be conducted in accordance with applicable laws and 
current clinical and professional practices of the interagency medical 
community.

    (b) Privacy.--No data collected pursuant to any protocol under this 
section may be used for research or analytical purposes without the 
written consent of the individual from whom such data was collected with 
respect to such use.
    (c) Protocol on Baseline Medical Testing.--The protocol described in 
this subsection is a protocol for conducting voluntary baseline medical 
testing of covered employees, covered individuals, and the dependents of 
covered employees who are included on the overseas travel orders of the 
covered employee. Such protocol shall set forth the required elements of 
such baseline medical testing, such as--
            (1) standard lab collection and testing of relevant 
        biofluids;
            (2) <<NOTE: Examinations.>>  the conduct of relevant visual 
        and auditory examinations;
            (3) <<NOTE: Assessments.>>  the conduct of Acquired Brain 
        Injury Tool assessments, or other relevant assessments for 
        balance, eye motion, and cognition;
            (4) <<NOTE: Assessment.>>  the assessment of relevant 
        medical histories; and
            (5) the conduct of any other standard relevant medical or 
        neurological examinations, testing, or assessments.

    (d) <<NOTE: Coordination.>>  Protocols on Post-incident Medical 
Testing.--The protocols described in this subsection are protocols to 
enable voluntary medical testing and the coordination of treatment for 
covered

[[Page 136 STAT. 997]]

employees, covered individuals, and the dependents of covered employees, 
following a reported anomalous health incident, such as--
            (1) a protocol that sets forth elements, similar to the 
        elements described in subsection (c), of such testing;
            (2) a protocol pertaining to the voluntary testing and 
        treatment for victims of anomalous health incidents who are 
        children;
            (3) a protocol for ensuring that all victims of anomalous 
        health incidents receive access to prompt and consistent medical 
        treatment, including from medical professionals holding 
        appropriate security clearances and medical professionals with 
        expertise in child care;
            (4) a protocol for ensuring that all victims of anomalous 
        health incidents are offered options for psychological treatment 
        for the effects of such incidents; and
            (5) a protocol for ensuring that any testing, evaluation, or 
        collection of biofluids or other samples following a reported 
        anomalous health incident may be compared against the baseline 
        for the victim of the anomalous health incident, to the extent 
        the individual participated in the baseline medical testing, 
        consistent with subsections (b) and (c).

    (e) Protocol on Information Collection, Storage, and Safeguarding.--
The protocol described in this subsection is a protocol for the 
collection, storage, and safeguarding of information acquired as a 
result of the protocols described in subsections (c) and (d).
    (f) Protocol on Reporting Mechanisms.--The protocol described in 
this subsection is a protocol for the reporting of matters relating to 
anomalous health incidents by covered employees, covered individuals, 
and the dependents of covered employees, including the development of a 
system for the adjudication of complaints regarding medical treatment 
received by such covered employees, covered individuals, and dependents 
of covered employees.
    (g) Report and Briefings.--
            (1) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Director of National Intelligence 
        shall submit to the appropriate congressional committees a 
        report on the protocols described in subsections (c) through 
        (f).
            (2) Elements.--Such report shall include the following 
        elements:
                    (A) <<NOTE: Records.>>  A copy of each protocol 
                under this section.
                    (B) A description of the following:
                          (i) Any interagency agreements, authorities, 
                      or policies required to effectively implement the 
                      protocols under this section.
                          (ii) Any new facilities, medical equipment, 
                      tools, training, or other resources required to 
                      effectively implement such protocols.
                    (C) <<NOTE: Timeline. Proposal.>>  A timeline for 
                the implementation of the protocols under this section, 
                including a proposal for the prioritization of 
                implementation with respect to various categories of 
                covered employees and the dependents of covered 
                employees.

[[Page 136 STAT. 998]]

            (3) <<NOTE: Deadline. Time period.>>  Briefing.--Not later 
        than 60 days following the date of submission of the report 
        under paragraph (1), and biannually thereafter, the Director 
        shall provide to the appropriate congressional committees a 
        briefing regarding the implementation of the protocols under 
        this section.

    (h) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees; and
                    (B) the Committees on Armed Services of the House of 
                Representatives and the Senate.
            (2) Covered employee.--The term ``covered employee'' means 
        an individual who is an employee, assignee, or detailee of an 
        element of the intelligence community.
            (3) Covered individual.--The term ``covered individual'' 
        means a contractor to an element of the intelligence community.
            (4) Dependent of a covered employee.--The term ``dependent 
        of a covered employee'' means, with respect to a covered 
        employee, a family member (including a child), as defined by the 
        Director of National Intelligence.
            (5) Victim of an anomalous health incident.--The term 
        ``victim of an anomalous health incident'' means a covered 
        employee, covered individual, or dependent of a covered 
        employee, who is, or is suspected to have been, affected by an 
        anomalous health incident.
SEC. 606. INSPECTOR GENERAL OF CENTRAL INTELLIGENCE AGENCY 
                        INSPECTION OF OFFICE OF MEDICAL SERVICES.

    (a) <<NOTE: Deadline. Coordination.>>  Inspection.--Not later than 
one year after the date of the enactment of this Act, the Inspector 
General of the Central Intelligence Agency, in coordination with, and 
with the support of, the Inspector General of the Intelligence 
Community, shall submit to the congressional intelligence committees a 
report containing an inspection of the responsibilities, authorities, 
resources, and performance of the Office of Medical Services of the 
Central Intelligence Agency (in this section referred to as the 
``Office'').

    (b) Matters Included.--The inspection under subsection (a) shall 
include the following:
            (1) A detailed description of the responsibilities and 
        authorities of the Office, as set forth in Federal law and any 
        applicable regulation, policy, or other document of the Central 
        Intelligence Agency.
            (2) A detailed description of the budgetary, human, and 
        other resources available to the Office, including with respect 
        to employees and any other personnel.
            (3) <<NOTE: Assessment.>>  An assessment of the ability of 
        the Office to consistently discharge the responsibilities of the 
        Office, with an emphasis on the provision of medical treatment 
        and care by personnel of the Office, including with respect to--
                    (A) the roles of personnel of the Office, and of 
                senior officials of the Agency outside of the Office, in 
                determining what medical evaluation, treatment, and care 
                should be provided in a particular case, including the 
                provision of specialty care by medical personnel outside 
                of the Office;
                    (B) whether personnel of the Office consistently 
                provide appropriate and high-quality medical treatment 
                and care

[[Page 136 STAT. 999]]

                in accordance with standards set independently by the 
                professional medical community;
                    (C) whether the Office has sufficient human and 
                other resources, including personnel with specialized 
                background, qualifications, or expertise, to 
                consistently provide high-quality medical treatment and 
                care in accordance with standards set independently by 
                the professional medical community;
                    (D) <<NOTE: Verification.>>  whether personnel of 
                the Office, including personnel claiming specialized 
                medical backgrounds and expertise, are required by the 
                Agency to maintain current board certifications or other 
                certifications and licenses, and the extent to which the 
                Office verifies such certifications and licenses;
                    (E) the extent to which the Office makes consistent 
                and effective use of the specialized medical background, 
                qualifications, and expertise of the personnel of the 
                Office in providing medical treatment and care;
                    (F) <<NOTE: Assessment.>>  an assessment of whether 
                personnel of the Office who provide medical treatment 
                and care, or who make decisions with respect to such 
                treatment or care, are required to have extensive 
                clinical or other experience in directly treating 
                patients, including in areas requiring specialized 
                background, qualifications, or expertise;
                    (G) any factors that have frustrated or delayed the 
                provision of medical treatment and care by personnel of 
                the Office in significant cases; and
                    (H) any factors that have frustrated or could 
                frustrate prompt detection, effective oversight, and 
                swift remediation of problems within the Office, 
                including such factors that frustrate or delay the 
                provision of medical treatment and care in significant 
                cases.

    (c) Independent Advice.--In conducting the inspection under 
subsection (a), the Inspector General may obtain the advice of the 
medical advisory board established under section 28 of the Central 
Intelligence Agency Act of 1949 (as added by section 602).
    (d) Form.--The report under subsection (a) shall be submitted in an 
unclassified form to the extent practicable, consistent with the 
protection of intelligence sources and methods, but may include a 
classified annex.

            TITLE VII--MATTERS RELATING TO FOREIGN COUNTRIES

                  Subtitle A--Matters Relating to China

SEC. 701. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS AND 
                        CAMPAIGNS IN THE UNITED STATES BY THE 
                        CHINESE COMMUNIST PARTY.

    Section 1107(b) of the National Security Act of 1947 (50 U.S.C. 
3237(b)) is amended--
            (1) by redesignating paragraph (9) as paragraph (10); and
            (2) by inserting after paragraph (8) the following new 
        paragraph:

[[Page 136 STAT. 1000]]

            ``(9) <<NOTE: List.>>  A listing of all known Chinese talent 
        recruitment programs operating in the United States as of the 
        date of the report.''.
SEC. 
                        702. <<NOTE: Deadline. Consultation. Determination. Analysis.>>  
                        ASSESSMENT OF GENOMIC COLLECTION BY CHINA.

    (a) Assessment Submitted to Congressional Intelligence Committees.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence, in consultation with the heads of other entities 
        of the United States Government the Director determines 
        appropriate, shall submit to the congressional intelligence 
        committees an assessment of the plans, intentions, capabilities, 
        and resources of China devoted to biotechnology, and the 
        objectives underlying those plans, intentions, capabilities, and 
        resources.
            (2) Elements.--The assessment under paragraph (1) shall 
        include--
                    (A) a detailed analysis of efforts undertaken by 
                China to acquire foreign-origin biotechnology, research 
                and development, and genetic information, including 
                technology owned by United States companies, research by 
                United States institutions, and the genetic information 
                of United States citizens;
                    (B) identification of China-based organizations 
                conducting or directing efforts described in 
                subparagraph (A), including information about the ties 
                between those organizations and the Chinese government, 
                the Chinese Communist Party, or the People's Liberation 
                Army; and
                    (C) a detailed analysis of the resources of the 
                intelligence community devoted to biotechnology, 
                including synthetic biology and genomic-related issues, 
                and a plan to improve understanding of these issues and 
                ensure the intelligence community has the requisite 
                expertise.
            (3) Form.--The assessment under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

    (b) Assessment Submitted to Certain Other Committees.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence, in consultation with the heads of other entities 
        of the United States Government the Director determines 
        appropriate, shall submit to the appropriate congressional 
        committees an assessment of the plans, intentions, capabilities, 
        and resources of China devoted to biotechnology, and the 
        objectives underlying those plans, intentions, capabilities, and 
        resources.
            (2) Elements.--The assessment required by paragraph (1) 
        shall include the elements described in subparagraphs (A) and 
        (B) of subsection (a)(2).
            (3) Form.--The assessment under paragraph (1) shall be 
        submitted in unclassified form.
            (4) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Health, Education, Labor, and Pensions, and the 
                Committee on Foreign Relations of the Senate; and

[[Page 136 STAT. 1001]]

                    (B) the Committee on Armed Services, the Committee 
                on Energy and Commerce, and the Committee on Foreign 
                Affairs of the House of Representatives.
SEC. 703. REPORT ON THREAT POSED BY EMERGING CHINESE TECHNOLOGY 
                        COMPANIES.

    (a) <<NOTE: Consultation.>>  Report.--Not later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence, in consultation with the Assistant Secretary of the 
Treasury for Intelligence and Analysis and the Director of the Federal 
Bureau of Investigation, and consistent with the protection of 
intelligence sources and methods, shall submit to the appropriate 
congressional committees a report on the threat to the economic and 
security interests of the United States posed by emerging Chinese 
technology companies.

    (b) <<NOTE: Assessments.>>  Matters Included.--The report under 
subsection (a) shall include the following:
            (1) An assessment of the threat to the economic and security 
        interests of the United States posed by emerging Chinese 
        technology companies, including with respect to--
                    (A) the practices of such companies and the 
                relationships of such companies to the government of 
                China and the Chinese Communist Party;
                    (B) the extent to which such companies benefit from 
                government financing or contracting vehicles outside of 
                China;
                    (C) the extent to which such companies facilitate 
                the targeting of dissidents and other vulnerable 
                populations;
                    (D) the market penetration of such companies among 
                allies and strategic partners of the United States;
                    (E) the security of the communications, data, and 
                commercial interests of consumer and commercial end-
                users of the products of such companies; and
                    (F) the privacy interests of such consumers and 
                commercial end-users.
            (2) An assessment of the ability of the United States to 
        counter any such threat, including with respect to different 
        tools that could counter such a threat.

    (c) <<NOTE: Summary.>>  Form.--The report under subsection (a) may 
be submitted in classified form, but if so submitted shall include an 
unclassified executive summary.

    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committees on Armed Services of the House of 
                Representatives and the Senate;
                    (C) the Subcommittees on Commerce, Justice, Science, 
                and Related Agencies and the Subcommittees on Financial 
                Services and General Government of the Committees on 
                Appropriations of the House of Representatives and the 
                Senate; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate.
            (2) Emerging chinese technology companies.--The term 
        ``emerging Chinese technology companies'' means a Chinese

[[Page 136 STAT. 1002]]

        technology company, including a company listed on the Science 
        and Technology Innovation Board of the Shanghai Stock Exchange, 
        that the Assistant Secretary of the Treasury for Intelligence 
        and Analysis determines poses a significant threat to the 
        national security of the United States.
SEC. 704. REPORT AND BRIEFING ON COOPERATION BETWEEN CHINA AND 
                        UNITED ARAB EMIRATES.

    (a) <<NOTE: Consultation. Determination.>>  Requirement.--Not later 
than 60 days after the date of the enactment of this Act, the Director 
of National Intelligence, in consultation with the heads of elements of 
the intelligence community that the Director determines appropriate, and 
consistent with the protection of intelligence sources and methods, 
shall provide to the appropriate congressional committees a briefing, 
and submit to the appropriate congressional committees a report, 
containing the following:
            (1) Details on the cooperation between China and the United 
        Arab Emirates regarding defense, security, technology, and other 
        strategically sensitive matters that implicate the national 
        security interests of the United States.
            (2) <<NOTE: Time period. Assessment.>>  The most recent (as 
        of the date of the report or briefing, as the case may be) 
        quarterly assessment by the intelligence community of measures 
        that the United Arab Emirates has implemented to safeguard 
        technology of the United States and the reliability of any 
        assurances by the United Arab Emirates (with respect to both 
        current assurances and assurances being considered as of such 
        date).
            (3) <<NOTE: Certification.>>  A certification by the 
        Director regarding whether such assurances described in 
        paragraph (2) are viable and sufficient to protect technology of 
        the United States from being transferred to China or other third 
        parties.

    (b) <<NOTE: Summary.>>  Form.--The report under subsection (a) may 
be submitted in classified form, but if so submitted shall include an 
unclassified executive summary.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (3) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
SEC. 705. REPORT ON CREATION OF OFFICIAL DIGITAL CURRENCY BY 
                        CHINA.

    (a) <<NOTE: President.>>  Report.--Not later than 1 year after the 
date of the enactment of this Act, the President, consistent with the 
protection of intelligence sources and methods, shall transmit to the 
appropriate congressional committees a report on the short-, medium-, 
and long-term national security risks associated with the creation and 
use of the official digital renminbi of China, including--
            (1) risks arising from potential surveillance of 
        transactions;
            (2) risks relating to security and illicit finance; and
            (3) risks relating to economic coercion and social control 
        by China.

    (b) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.

[[Page 136 STAT. 1003]]

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Banking, Housing, and Urban Affairs, 
        the Committee on Foreign Relations, and the Committee on 
        Appropriations of the Senate; and
            (3) the Committee on Financial Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
SEC. 706. REPORT ON INFLUENCE OF CHINA THROUGH BELT AND ROAD 
                        INITIATIVE PROJECTS WITH OTHER COUNTRIES.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, consistent with the 
protection of intelligence sources and methods, shall submit to the 
appropriate congressional committees a report on recent projects 
negotiated by China with other countries as part of the Belt and Road 
Initiative of China. The Director shall include in the report 
information about the types of such projects, costs of such projects, 
and the potential national security implications of such projects.
    (b) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Relations of the Senate; and
            (3) the Committee on Foreign Affairs of the House of 
        Representatives.
SEC. 707. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO ERODE 
                        FREEDOM AND AUTONOMY IN HONG KONG.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, consistent with the 
protection of intelligence sources and methods, shall submit to the 
appropriate congressional committees a report on efforts of the Chinese 
Communist Party to stifle political freedoms in Hong Kong, influence or 
manipulate the judiciary of Hong Kong, destroy freedom of the press and 
speech in Hong Kong, and take actions to otherwise undermine the 
democratic processes of Hong Kong.
    (b) <<NOTE: Assessment.>>  Contents.--The report submitted under 
subsection (a) shall include an assessment of the implications of the 
efforts of the Chinese Communist Party described in such subsection for 
international business, investors, academic institutions, and other 
individuals operating in Hong Kong.

    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees.--In this section, the term 
``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Relations and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate; and
            (3) the Committee on Foreign Affairs and the Committee on 
        Financial Services of the House of Representatives.

[[Page 136 STAT. 1004]]

SEC. 708. <<NOTE: Assessments.>>  REPORT ON TARGETING OF RENEWABLE 
                        SECTORS BY CHINA.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, consistent with the 
protection of intelligence sources and methods, shall submit to the 
appropriate congressional committees a report assessing the efforts and 
advancements of China in the wind power, solar power, and electric 
vehicle battery production sectors (or key components of such sectors).
    (b) Contents.--The report under subsection (b) shall include the 
following:
            (1) An assessment of how China is targeting rare earth 
        minerals and the effect of such targeting on the sectors 
        described in subsection (a).
            (2) Details of the use by the Chinese Communist Party of 
        state-sanctioned forced labor schemes, including forced labor 
        and the transfer of Uyghurs and other ethnic groups, and other 
        human rights abuses in such sectors.

    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Relations of the Senate; and
            (3) the Committee on Foreign Affairs of the House of 
        Representatives.

             Subtitle B--Matters Relating to Other Countries

SEC. 711. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN 
                        AFGHANISTAN AND RELATED REGION.

    (a) Requirement.--The Director of National Intelligence, acting 
through the National Intelligence Council, shall produce a National 
Intelligence Estimate on the situation in Afghanistan and the covered 
region.
    (b) <<NOTE: Time period. Effective date.>>  Matters.--The National 
Intelligence Estimate produced under subsection (a) shall include, with 
respect to the 2-year period beginning on the date on which the Estimate 
is produced, an assessment of the following:
            (1) The presence in Afghanistan (including financial 
        contributions to the Taliban, political relations with the 
        Taliban, military presence in the covered region, economic 
        presence in the covered region, and diplomatic presence in the 
        covered region) of China, Iran, Pakistan, Russia, and any other 
        foreign country determined relevant by the Director, 
        respectively, and an assessment of the potential risks, or 
        benefits, of any such presence, contributions, or relations.
            (2) Any change in the threat to the United States homeland 
        or United States entities abroad as a result of the withdrawal 
        of the Armed Forces from Afghanistan on August 31, 2021, 
        including an assessment of the risk of al-Qaeda or any 
        affiliates thereof, the Islamic State of Iraq and ash Sham-
        Khorasan or any affiliates thereof, or any other similar 
        international

[[Page 136 STAT. 1005]]

        terrorist group, using Afghanistan as a safe haven for launching 
        attacks on the United States and its interests abroad.
            (3) <<NOTE: Assessment.>>  The political composition and 
        sustainability of the governing body of Afghanistan, including 
        an assessment of the ability of the United States Government to 
        influence the policies of such governing body on the following:
                    (A) Counterterrorism.
                    (B) Counternarcotics.
                    (C) Human rights (particularly regarding women and 
                girls and traditionally targeted ethnic groups).
                    (D) The treatment and safe transit of Afghans 
                holding special immigrant visa status under section 602 
                of the Afghan Allies Protection Act of 2009 (8 U.S.C. 
                1101 note) and other Afghans who, during the period 
                beginning in 2001, assisted efforts of the United States 
                in Afghanistan or the covered region.
            (4) The effect on the covered region, and Europe, of 
        refugees leaving Afghanistan.
            (5) <<NOTE: Assessment.>>  The commitments of the Taliban 
        relating to counterterrorism, including an assessment of--
                    (A) whether such commitments required under the 
                agreement entered into between the United States 
                Government and the Taliban in February 2020, have been 
                tested, or will be tested during the 2-year period 
                covered by the Estimate, and what such commitments 
                entail;
                    (B) whether any additional commitments relating to 
                counterterrorism agreed to by the Taliban pursuant to 
                subsequent negotiations with the United States 
                Government following February 2020, have been tested, or 
                will be tested during the 2-year period covered by the 
                Estimate, and, if applicable, what such commitments 
                entail;
                    (C) any benchmarks against which the Taliban are to 
                be evaluated with respect to commitments relating to 
                counterterrorism; and
                    (D) the intentions and capabilities of the Taliban 
                with respect to counterterrorism (as such term is 
                understood by the United States and by the Taliban, 
                respectively), including the relations of the Taliban 
                with al-Qaeda or any affiliates thereof, the Islamic 
                State of Iraq and ash Sham-Khorasan or any affiliates 
                thereof, or any other similar international terrorist 
                group.

    (c) Submission to Congress.--
            (1) Submission.--Not later than one year after the date of 
        the enactment of this Act, the Director shall submit to the 
        appropriate congressional committees the National Intelligence 
        Estimate produced under subsection (a). In so submitting the 
        Estimate to the congressional intelligence committees, the 
        Director shall include all intelligence reporting underlying the 
        Estimate.
            (2) <<NOTE: Classified information.>>  Form.--The National 
        Intelligence Estimate shall be submitted under paragraph (1) in 
        classified form.

    (d) <<NOTE: Web posting.>>  Public Version.--Consistent with the 
protection of intelligence sources and methods, at the same time as the 
Director submits to the appropriate congressional committees the 
National Intelligence Estimate under subsection (c), the Director shall 
make publicly available on the internet website of the Director an

[[Page 136 STAT. 1006]]

unclassified version of the key findings of the National Intelligence 
Estimate.

    (e) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees; and
                    (B) the Committees on Armed Services of the House of 
                Representatives and the Senate.
            (2) Covered region.--The term ``covered region'' includes 
        the following countries:
                    (A) China.
                    (B) The Gulf Cooperation Council countries, 
                including Qatar, Saudi Arabia, the United Arab Emirates.
                    (C) India.
                    (D) Iran.
                    (E) Pakistan.
                    (F) Tajikistan.
                    (G) Turkey.
                    (H) Turkmenistan.
                    (I) Uzbekistan.
            (3) United states entity.--The term ``United States entity'' 
        means a citizen of the United States, an embassy or consulate of 
        the United States, or an installation, facility, or personnel of 
        the United States Government.
SEC. 712. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER 
                        MATTERS RELATING TO AFGHANISTAN AND 
                        RELATED REGION.

    (a) <<NOTE: Consultation.>>  Report.--Not later than 90 days after 
the date of the enactment of this Act, the Director of National 
Intelligence, in consultation with the heads of elements of the 
intelligence community determined relevant by the Director, shall submit 
to the congressional intelligence committees a report on the collection 
posture of the intelligence community and other matters relating to 
Afghanistan and the covered region.

    (b) <<NOTE: Assessments.>>  Matters.--The report under subsection 
(a) shall include the following:
            (1) A detailed description of the collection posture of the 
        intelligence community with respect to Afghanistan, including 
        with respect to the following:
                    (A) The countering of terrorism threats that are 
                directed at the United States homeland or United States 
                entities abroad.
                    (B) The finances of the Taliban, including financial 
                and nonfinancial contributions to the Taliban from 
                foreign countries (particularly from China, Iran, 
                Russia, and any other foreign country in the Arab Gulf 
                region (or elsewhere) determined relevant by the 
                Director, respectively).
                    (C) The detection, and prevention of, any increased 
                threat to the United States homeland or United States 
                entities abroad as a result of the withdrawal of the 
                United States Armed Forces from Afghanistan on August 
                31, 2021, including any such increased threat resulting 
                from al-Qaeda or any affiliates thereof, the Islamic 
                State of Iraq and ash Sham-Khorasan or any affiliates 
                thereof, or any other similar international terrorist 
                group, using Afghanistan as a safe harbor.

[[Page 136 STAT. 1007]]

            (2) A detailed description of any plans, strategies, or 
        efforts to improve the collection posture described in paragraph 
        (1)(A), including by filling any gaps identified pursuant to 
        such paragraph.
            (3) An assessment of the effect of publicly documenting 
        abuses engaged in by the Taliban, and a description of the 
        efforts of the intelligence community to support other 
        departments and agencies in the Federal Government with respect 
        to the collection and documentation of such abuses.
            (4) An assessment of the relationship between the 
        intelligence community and countries in the covered region, 
        including an assessment of the following:
                    (A) Intelligence and information sharing with such 
                countries.
                    (B) Any change in the collection posture of the 
                intelligence community with respect to the nuclear 
                activities of such countries as a result of the 
                withdrawal of the United States Armed Forces from 
                Afghanistan on August 31, 2021.
                    (C) The collection posture of the intelligence 
                community with respect to the presence of such countries 
                in Afghanistan (including financial contributions to the 
                Taliban, political relations with the Taliban, military 
                presence in Afghanistan, economic presence in 
                Afghanistan, and diplomatic presence in Afghanistan) and 
                the understanding of the intelligence community 
                regarding the potential risks, or benefits, of any such 
                presence, contributions, or relations.
                    (D) The ability of the intelligence community to use 
                the airspace of any such countries.
            (5) An assessment of any financial contributions to the 
        Taliban from foreign countries (particularly from China, Iran, 
        Russia, and any other foreign country in the Arab Gulf region 
        (or elsewhere) determined relevant by the Director, 
        respectively) made during the year preceding the withdrawal of 
        the United States Armed Forces from Afghanistan on August 31, 
        2021.

    (c) Form.--The report under subsection (a) may be submitted in 
classified form, but shall include an unclassified summary.
    (d) <<NOTE: Time period. Consultation.>>  Biannual Updates.--On a 
biannual basis during the 5-year period following the date of the 
submission of the report under subsection (a), the Director of National 
Intelligence, in consultation with the heads of the elements of the 
intelligence community determined relevant by the Director, shall submit 
to the congressional intelligence committees an update to such report.

    (e) Definitions.--In this section:
            (1) Covered region.--The term ``covered region'' includes 
        the following countries:
                    (A) China.
                    (B) The Gulf Cooperation Council countries, 
                including Qatar, Saudi Arabia, the United Arab Emirates.
                    (C) India.
                    (D) Iran.
                    (E) Pakistan.
                    (F) Tajikistan.
                    (G) Turkey.
                    (H) Turkmenistan.
                    (I) Uzbekistan.

[[Page 136 STAT. 1008]]

            (2) United states entity.--The term ``United States entity'' 
        means a citizen of the United States, an embassy or consulate of 
        the United States, or an installation, facility, or personnel of 
        the United States Government.
SEC. 713. REPORT ON PROPAGATION OF EXTREMIST IDEOLOGIES FROM SAUDI 
                        ARABIA.

    (a) <<NOTE: Consultation.>>  Report.--Not later than May 30, 2022, 
the Director of National Intelligence, in consultation with other 
relevant Federal departments and agencies, and consistent with the 
protection of intelligence sources and methods, shall submit to the 
appropriate congressional committees a report on the threat of extremist 
ideologies propagated from Saudi Arabia and the failure of the 
Government of Saudi Arabia to prevent the propagation of such 
ideologies. Such report shall include a detailed description of--
            (1) the role of governmental and nongovernmental entities 
        and individuals of Saudi Arabia in promoting, funding, and 
        exporting ideologies, including so-called ``Wahhabist 
        ideology'', that inspire extremism or extremist groups in other 
        countries; and
            (2) the practical and strategic consequences for vital 
        national security interests of the United States as a result of 
        such promotion, funding, or export.

    (b) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (3) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
SEC. 714. REPORT ON LIKELIHOOD OF MILITARY ACTION BY COUNTRIES OF 
                        THE SOUTH CAUCASUS.

    (a) <<NOTE: Assessment.>>  Report.--Not later than 90 days after the 
date of the enactment of this Act, the Director of National 
Intelligence, consistent with the protection of intelligence sources and 
methods, shall submit to the appropriate congressional committees a 
report assessing the likelihood of a South Caucasus country taking 
military action against another country (including in Nagorno-Karabakh 
or any other disputed territory). Such report shall include an 
indication of the strategic balance in the region, including with 
respect to the offensive military capabilities of each South Caucasus 
country.

    (b) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives; and
                    (C) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate.

[[Page 136 STAT. 1009]]

            (2) South caucasus country.--The term ``South Caucasus 
        country'' means any of the following:
                    (A) Armenia.
                    (B) Azerbaijan.
                    (C) Georgia.
SEC. 715. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE 
                        TIES.

    (a) <<NOTE: Consultation. Determination.>>  Report.--Not later than 
30 days after the date of the enactment of this Act, the Director of 
National Intelligence, consistent with the protection of intelligence 
sources and methods, and in consultation with the heads of other 
departments and agencies of the United States Government as the Director 
determines appropriate, shall submit to the appropriate congressional 
committees a report on Nord Stream II efforts, including--
            (1) an unclassified list of all companies supporting the 
        Nord Stream II project; and
            (2) <<NOTE: Update. Assessment.>>  an updated assessment of 
        current or former ties between Nord Stream's Chief Executive 
        Officer and Russian, East German, or other hostile intelligence 
        agencies.

    (b) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services, the Committee on 
        Commerce, Science, and Transportation, the Committee on Banking, 
        Housing, and Urban Affairs, the Committee on Foreign Relations, 
        and the Committee on Appropriations of the Senate; and
            (3) the Committee on Armed Services, the Committee on Energy 
        and Commerce, the Committee on Financial Services, the Committee 
        on Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
SEC. 716. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION AND 
                        RESEARCH ACTIVITIES.

    (a) <<NOTE: Determination.>>  Assessment.--Not later than 120 days 
after the date of the enactment of this Act, the Director of National 
Intelligence, consistent with the protection of intelligence sources and 
methods, and in consultation with the heads of other departments and 
agencies of the United States Government as the Director determines 
appropriate, shall submit to the appropriate congressional committees an 
assessment of the activities and objectives of the Organization of 
Defensive Innovation and Research. The Director shall include in the 
assessment information about the composition of the organization, the 
relationship of the personnel of the organization to any research on 
weapons of mass destruction, and any sources of financial and material 
support that such organization receives, including from the Government 
of Iran.

    (b) Form.--The assessment under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;

[[Page 136 STAT. 1010]]

            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate; and
            (3) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
SEC. 717. <<NOTE: Consultation.>>  REPORT ON EFFECTS OF ECONOMIC 
                        SANCTIONS BY UNITED STATES.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, in consultation with 
the Assistant Secretary of the Treasury for Intelligence and Analysis, 
shall submit to the appropriate congressional committees a report on the 
effects of economic sanctions imposed by the United States.
    (b) Matters Included.--The report under subsection (a) shall--
            (1) cover entities, individuals, and governments that the 
        Director, in consultation with the Assistant Secretary of the 
        Treasury for Intelligence and Analysis, determines appropriate 
        as case studies for the purposes of the report, including with 
        respect to China and Iran; and
            (2) <<NOTE: Assessments.>>  include--
                    (A) an assessment of whether economic sanctions 
                imposed by the United States on entities, individuals, 
                or governments have constrained, modified, or otherwise 
                affected the ability of the individuals, entities, or 
                governments to continue the activities for which they 
                were sanctioned; and
                    (B) an assessment of the effectiveness of imposing 
                additional sanctions.

    (c) <<NOTE: Summary.>>  Form.--The report under subsection (a) may 
be submitted in classified form, but if so submitted shall include an 
unclassified executive summary.

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Subcommittees on Financial Services and General 
        Government of the Committees on Appropriations of the House of 
        Representatives and the Senate;
            (3) the Committee on Foreign Affairs and the Committee on 
        Energy and Commerce of the House of Representatives; and
            (4) the Committee on Foreign Relations and the Committee on 
        Commerce, Science, and Transportation of the Senate.

[[Page 136 STAT. 1011]]

                  TITLE VIII--REPORTS AND OTHER MATTERS

                Subtitle A--Matters Relating to Personnel

SEC. 801. PERIODIC REPORT ON POSITIONS IN INTELLIGENCE COMMUNITY 
                        THAT CAN BE CONDUCTED WITHOUT ACCESS TO 
                        CLASSIFIED INFORMATION, NETWORKS, OR 
                        FACILITIES.

    Section 6610 of the Damon Paul Nelson and Matthew Young Pollard 
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 
U.S.C. 3352e) is amended--
            (1) by striking ``this Act and not less frequently than once 
        every 5 years thereafter,'' and inserting ``this Act, and 
        biennially thereafter,''; and
            (2) by adding at the end the following new sentence: ``Such 
        report shall take into account the potential effect of 
        maintaining continuity of operations during a covered national 
        emergency (as defined by section 303 of the Intelligence 
        Authorization Act for Fiscal Year 2021 (division W of Public Law 
        116-260)) and the assessed needs of the intelligence community 
        to maintain such continuity of operations.''.
SEC. 802. IMPROVEMENTS TO ANNUAL REPORT ON DEMOGRAPHIC DATA OF 
                        EMPLOYEES OF INTELLIGENCE COMMUNITY.

    Section 5704(c) of the Damon Paul Nelson and Matthew Young Pollard 
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 
U.S.C. 3334b(c)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``After making available a report under subsection (b), the 
        Director of National Intelligence shall annually provide a 
        report'' and inserting ``Not later than March 31 of each year, 
        the Director of National Intelligence shall provide a report''; 
        and
            (2) by striking paragraph (1) and inserting the following 
        new paragraph:
            ``(1) demographic data and information on the status of 
        diversity and inclusion efforts of the intelligence community, 
        including demographic data relating to--
                    ``(A) the average years of service;
                    ``(B) the average number of years of service for 
                each level in the General Schedule, Senior Executive 
                Service, Senior Intelligence Service, or equivalent; and
                    ``(C) career categories;''.
SEC. 803. PLAN FOR AUTHORITY TO ENTER INTO CONTRACTS WITH 
                        PROVIDERS OF SERVICES RELATING TO 
                        SENSITIVE COMPARTMENTED INFORMATION 
                        FACILITIES.

    (a) <<NOTE: Deadline.>>  Plan Required.--Not later than 180 days 
after the date of the enactment of this Act, the Director of National 
Intelligence shall submit to the appropriate congressional committees a 
plan for providing elements of the intelligence community with the 
authority to enter into contracts with providers of services relating to 
sensitive compartmented information facilities for the providers to 
facilitate the use of such facilities by businesses and organizations 
performing work, at multiple security levels, in such facilities 
pursuant to contracts with the element.

[[Page 136 STAT. 1012]]

    (b) Elements.--The plan required by subsection (a) shall include the 
following:
            (1) An explanation of how the Director of National 
        Intelligence will leverage the contracting methodology of the 
        National Reconnaissance Office for leasing sensitive 
        compartmented information facilities, or space therein, to 
        businesses and organizations.
            (2) <<NOTE: Guidance.>>  Policy and budget guidance to 
        incentivize the heads of the elements of the intelligence 
        community to implement such plan.

    (c) <<NOTE: Definitions.>>  Appropriate Congressional Committees.--
In this section, the term ``appropriate congressional committees'' 
means--
            (1) the congressional intelligence committees; and
            (2) the Committees on Armed Services of the House of 
        Representatives and the Senate.
SEC. 804. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT 
                        AUTHORITY.

    (a) In General. <<NOTE: Deadline.>> --Not later than 180 days after 
the date of the enactment of this Act, the Under Secretary of Defense 
for Intelligence and Security and the Director of National Intelligence 
shall jointly submit to the appropriate congressional committees a study 
on the utility of providing elements of the intelligence community of 
the Department of Defense, other than the National Geospatial-
Intelligence Agency, personnel management authority to attract experts 
in science and engineering under section 4092 of title 10, United States 
Code.

    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the congressional defense committees.
SEC. 805. REPORT ON PROSPECTIVE ABILITY TO ADMINISTER COVID-19 
                        VACCINES AND OTHER MEDICAL INTERVENTIONS 
                        TO CERTAIN INTELLIGENCE COMMUNITY 
                        PERSONNEL.

    (a) <<NOTE: Consultation.>>  Report.--Not later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence and the Under Secretary of Defense for Intelligence and 
Security, in consultation with the elements of the intelligence 
community and relevant public health agencies of the United States, 
shall jointly develop and submit to the appropriate congressional 
committees a report on the prospective ability of the intelligence 
community to administer COVID-19 vaccines, and such other medical 
interventions as may be relevant in the case of a future covered 
national emergency, to covered personnel (particularly with respect to 
essential covered personnel and covered personnel deployed outside of 
the United States).

    (b) Matters Included. <<NOTE: Assessments.>> --The report under 
subsection (a) shall include an assessment of the following:
            (1) The prospective ability of the elements of the 
        intelligence community to administer COVID-19 vaccines 
        (including subsequent booster shots for COVID-19), to covered 
        personnel, and whether additional authorities or resources are 
        necessary for, or may otherwise facilitate, such administration.
            (2) The potential risks and benefits of granting the 
        additional authorities or resources described in paragraph (1) 
        to the Director, the Under Secretary, or both.

[[Page 136 STAT. 1013]]

            (3) With respect to potential future covered national 
        emergencies, including future outbreaks of an infectious 
        pandemic disease or similar public health emergencies, the 
        following:
                    (A) The ability of the intelligence community to 
                ensure the timely administration of medical 
                interventions to covered personnel during the covered 
                national emergency.
                    (B) Whether additional authorities or resources are 
                necessary to ensure, or may otherwise facilitate, such 
                timely administration, including with respect to the 
                ability of the Director or Under Secretary to provide an 
                alternative means of access to covered personnel with 
                reduced access to the interventions provided by the 
                respective element.
                    (C) The potential risks and benefits of granting the 
                additional authorities or resources described in 
                subparagraph (B) to the Director, the Under Secretary, 
                or both.
            (4) <<NOTE: Summary.>>  A summary of the findings of the 
        survey under subsection (c).

    (c) <<NOTE: Deadline. Determination.>>  Survey.--Not later than 120 
days after the date of the enactment of this Act, and prior to 
submitting the report under subsection (a), the Director and the Under 
Secretary shall jointly conduct a survey to determine the process by 
which each element of the intelligence community has administered COVID-
19 vaccines to covered personnel, to inform continued medical care 
relating to COVID-19 and future responses to covered national 
emergencies. Such survey shall address, with respect to each element, 
the following:
            (1) The timeline of the element with respect to the 
        administration of COVID-19 vaccines prior to the date of the 
        enactment of this Act.
            (2) The process by which the element determined when covered 
        personnel would become eligible to receive the COVID-19 vaccine 
        (including if certain categories of such personnel became 
        eligible before others).
            (3) A general approximation of the percentage of covered 
        personnel of the element that received the COVID-19 vaccine from 
        the element versus through an alternative means (such as a 
        private sector entity, foreign government, State, or local 
        government), particularly with respect to covered personnel 
        deployed outside of the United States.
            (4) Any challenges encountered by the element with respect 
        to the administration of COVID-19 vaccines prior to the date of 
        the enactment of this Act.
            (5) Any other feedback determined relevant for purposes of 
        the survey.

    (d) Privacy Considerations.--In carrying out the report and survey 
requirements under this section, the Director, the Under Secretary, and 
the heads of the elements of the intelligence community shall ensure, to 
the extent practicable, the preservation of medical privacy and the 
anonymity of data.
    (e) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees; and
                    (B) the Committees on Armed Services of the House of 
                Representatives and the Senate.

[[Page 136 STAT. 1014]]

            (2) Covered national emergency.--The term ``covered national 
        emergency'' has the meaning given such term in section 303 of 
        the Intelligence Authorization Act for Fiscal Year 2021 (50 
        U.S.C. 3316b).
            (3) Covered personnel.--The term ``covered personnel'' means 
        personnel who are--
                    (A) employees of, or otherwise detailed or assigned 
                to, an element of the intelligence community; or
                    (B) funded under the National Intelligence Program 
                or the Military Intelligence Program.
            (4) Essential covered personnel.--The term ``essential 
        covered personnel'' means covered personnel deemed essential 
        to--
                    (A) continuity of operations of the intelligence 
                community;
                    (B) continuity of operations of the United States 
                Government; or
                    (C) other purposes related to the national security 
                of the United States.
            (5) National intelligence program.--The term ``National 
        Intelligence Program'' has the meaning given such term in 
        section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 806. <<NOTE: 50 USC 3352f note.>>  FEDERAL POLICY ON SHARING 
                        OF COVERED INSIDER THREAT INFORMATION 
                        PERTAINING TO CONTRACTOR EMPLOYEES IN THE 
                        TRUSTED WORKFORCE.

    (a) <<NOTE: Deadline. Coordination.>>  Policy Required.--Not later 
than 2 years after the date of the enactment of this Act, the Director 
of National Intelligence, in coordination with the Secretary of Defense, 
the Director of the Office of Management and Budget, and the Attorney 
General, shall issue a policy for the Federal Government on sharing 
covered insider threat information pertaining to contractor employees.

    (b) Consent Requirement.--The Director shall ensure that the policy 
issued under subsection (a) requires, as a condition of obtaining and 
maintaining a security clearance with the Federal Government, that a 
contractor employee provide prior written consent for the Federal 
Government to share covered insider threat information with the senior 
official responsible for the insider threat program of the contracting 
agency. The Director may include in such policy restrictions on the 
further disclosure of such information.
    (c) <<NOTE: Time period.>>  Consultation.--On a quarterly basis 
during the period in which the Director is developing the policy under 
subsection (a), the Director shall consult with Congress and industry 
partners with respect to such development.

    (d) Review.--
            (1) <<NOTE: Deadline.>>  Submission.--Not later than 1 year 
        after the date of the issuance of the policy under subsection 
        (a), the Director of National Intelligence and the Secretary of 
        Defense shall jointly submit to Congress and make available to 
        such industry partners as the Director and the Secretary 
        consider appropriate a review of the policy.
            (2) Contents.--The review under paragraph (1) shall include 
        the following:
                    (A) <<NOTE: Assessment.>>  An assessment of the 
                utility and effectiveness of the policy issued under 
                subsection (a).

[[Page 136 STAT. 1015]]

                    (B) <<NOTE: Recommenda- tions.>>  Such 
                recommendations as the Director and the Secretary 
                determine appropriate with respect to legislative or 
                administrative action relevant to such policy.

    (e) Definitions.--In this section:
            (1) Covered insider threat information.--The term ``covered 
        insider threat information''--
                    (A) means information that--
                          (i) is relevant with respect to adjudications 
                      relating to determinations of eligibility for 
                      access to classified information;
                          (ii) an agency or department of the Federal 
                      Government has vetted and verified; and
                          (iii) according to Director of National 
                      Intelligence policy, is considered relevant to the 
                      ability of a contractor employee to protect 
                      against insider threats as required by section 
                      117.7(d) of title 32, Code of Federal Regulations, 
                      or successor regulation; and
                    (B) includes pertinent information considered in the 
                counter-threat assessment, as authorized by a provision 
                of Federal law or Executive Order.
            (2) Contractor employee.--The term ``contractor employee'' 
        means an employee of a contractor, subcontractor, grantee, 
        subgrantee, or personal services contractor, of a department or 
        agency of the Federal Government.
SEC. 807. <<NOTE: Deadlines.>>  GOVERNANCE OF TRUSTED WORKFORCE 
                        2.0 INITIATIVE.

    (a) <<NOTE: Coordination. 50 USC 3352f note.>>  Governance.--The 
Director of National Intelligence, acting as the Security Executive 
Agent, and the Director of the Office of Personnel Management, acting as 
the Suitability and Credentialing Executive Agent, in coordination with 
the Deputy Director for Management in the Office of Management and 
Budget, acting as the chairman of the Performance Accountability 
Council, and the Under Secretary of Defense for Intelligence and 
Security shall jointly--
            (1) <<NOTE: Federal 
        Register, publication. Guidelines. Standards.>>  not later than 
        180 days after the date of the enactment of this Act, publish, 
        in the Federal Register as appropriate, a policy with guidelines 
        and standards for Federal Government agencies and industry 
        partners to implement the Trusted Workforce 2.0 initiative;
            (2) <<NOTE: Time period.>>  not later than 2 years after the 
        date of the enactment of this Act and not less frequently than 
        once every 6 months thereafter, submit to Congress a report on 
        the timing, delivery, and adoption of Federal Government 
        agencies' policies, products, and services to implement the 
        Trusted Workforce 2.0 initiative, including those associated 
        with the National Background Investigation Service; and
            (3) <<NOTE: Performance metrics.>>  not later than 90 days 
        after the date of the enactment of this Act, submit to Congress 
        performance management metrics for the implementation of the 
        Trusted Workforce 2.0 initiative, including performance metrics 
        regarding timeliness, cost, and measures of effectiveness.

    (b) Independent Study on Trusted Workforce 2.0.--
            (1) <<NOTE: Contracts.>>  Study required.--Not later than 60 
        days after the date of the enactment of this Act, the Director 
        of National Intelligence shall enter into an agreement with an 
        entity that is not part of the Federal Government to conduct a 
        study

[[Page 136 STAT. 1016]]

        on the effectiveness of the initiatives of the Federal 
        Government known as Trusted Workforce 1.25, 1.5, and 2.0.
            (2) <<NOTE: Assessments.>>  Elements.--The study required by 
        paragraph (1) shall include the following:
                    (A) An assessment of how effective such initiatives 
                are or will be in determining who should or should not 
                have access to classified information.
                    (B) A comparison of the effectiveness of such 
                initiatives with the system of periodic reinvestigations 
                that was in effect on the day before the date of the 
                enactment of this Act.
                    (C) Identification of what is lost from the 
                suspension of universal periodic reinvestigations in 
                favor of a system of continuous vetting.
                    (D) An assessment of the relative effectiveness of 
                Trusted Workforce 1.25, Trusted Workforce 1.5, and 
                Trusted Workforce 2.0.
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Director shall submit a report on the 
        findings from the study conducted under paragraph (1) to the 
        following:
                    (A) The congressional intelligence committees.
                    (B) The Committee on Armed Services and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.
                    (C) The Committee on Armed Services and the 
                Committee on Oversight and Reform of the House of 
                Representatives.

     Subtitle B--Matters Relating to Organizations and Capabilities

SEC. 811. PLAN TO ESTABLISH INTEGRATED COMMERCIAL GEOSPATIAL 
                        INTELLIGENCE DATA PROGRAM OFFICE.

    (a) <<NOTE: Deadline. Consultation.>>  Plan.--Not later than 90 days 
after the date of the enactment of this Act, the Director of the 
National Reconnaissance Office and the Director of the National 
Geospatial-Intelligence Agency, in consultation with the Director of 
National Intelligence, shall jointly develop and submit to the 
appropriate congressional committees a plan to establish an integrated 
commercial geospatial intelligence data program office.

    (b) Contents.--The plan under subsection (a) shall include the 
following:
            (1) An explanation of how the Director of the National 
        Reconnaissance Office will elevate the commercial space program 
        office within the organizational structure of the National 
        Reconnaissance Office.
            (2) An explanation of how the Director of the National 
        Reconnaissance Office and the Director of the National 
        Geospatial-Intelligence Agency will integrate the commercial 
        space program office within the National Reconnaissance Office 
        to include empowered functional manager personnel to ensure 
        imagery purchases are responsive to functional manager-provided 
        requirements and priorities.
            (3) An explanation of--

[[Page 136 STAT. 1017]]

                    (A) an approach that will rapidly leverage 
                innovative commercial geospatial intelligence data 
                capabilities to meet new intelligence challenges and 
                inform operational requirements;
                    (B) how the Directors will annually evaluate new 
                commercially available capabilities and provide 
                opportunities for new entrants; and
                    (C) how the Directors will synchronize the 
                procurement of commercial geospatial intelligence data 
                and commercial geospatial intelligence analytic 
                services, respectively.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services of the Senate; and
            (3) the Committee on Armed Services of the House of 
        Representatives.
SEC. 812. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION 
                        CENTER REPORT, STRATEGY, AND PLAN.

    (a) Requirement for Report and Strategy.--Not later than 120 days 
after the date of the enactment of this Act, the Director of the Central 
Intelligence Agency shall submit to the congressional intelligence 
committees--
            (1) a report stating the mission and purpose of the 
        Acquisition Innovation Center of the Agency; and
            (2) a strategy for incorporating the Acquisition Innovation 
        Center into the standard operating procedures and procurement 
        and acquisition practices of the Agency.

    (b) <<NOTE: Deadline.>>  Requirement for Implementation Plan.--Not 
later than 120 days after the date of the enactment of this Act, the 
Director shall, using the findings of the Director with respect to the 
report submitted under subsection (a)(1), submit to the congressional 
intelligence committees an implementation plan that addresses--
            (1) how the Director will ensure the contracting officers of 
        the Agency and the technical representatives of the Acquisition 
        Innovation Center for the contracting officers have access to 
        the technical expertise required to inform requirements 
        development, technology maturity assessments, and monitoring of 
        acquisitions;
            (2) how the plan specifically applies to technical 
        industries, including telecommunications, software, aerospace, 
        and large-scale construction; and
            (3) projections for resources necessary to support the 
        Acquisition Innovation Center, including staff, training, and 
        contracting support tools.
SEC. 813. REPORT ON UNITED STATES SOUTHERN COMMAND INTELLIGENCE 
                        CAPABILITIES.

    (a) <<NOTE: Consultation.>>  Report Required.--Not later than 120 
days after the date of the enactment of this Act, the Director of the 
Defense Intelligence Agency, in consultation with such other Federal 
Government entities as the Director considers relevant, and consistent 
with the protection of intelligence sources and methods, shall submit to 
the appropriate congressional committees a report detailing the status 
of the intelligence collection, analysis, and operational capabilities 
of the United States Southern Command to support Latin America-based 
missions.

[[Page 136 STAT. 1018]]

    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the congressional defense committees.
SEC. 814. REPORT ON PROJECT MAVEN TRANSITION.

    (a) <<NOTE: Consultation.>>  Report Required.--Not later than 120 
days after the date of the enactment of this Act, the Director of the 
National Geospatial-Intelligence Agency, in consultation with such other 
Federal Government entities as the Director considers appropriate, shall 
submit to the appropriate congressional committees a report on the 
transition of Project Maven to operational mission support.

    (b) Plan of Action and Milestones.--The report required by 
subsection (a) shall include a detailed plan of action and milestones 
that identifies--
            (1) the milestones and decision points leading up to the 
        transition of successful geospatial intelligence capabilities 
        developed under Project Maven to the National Geospatial-
        Intelligence Agency; and
            (2) <<NOTE: Metrics. Time periods.>>  the metrics of success 
        regarding the transition described in paragraph (1) and mission 
        support provided to the National Geospatial-Intelligence Agency 
        for each of fiscal years 2022 and 2023.

    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the congressional defense committees.
SEC. 815. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES OF 
                        FOREIGN MALIGN INFLUENCE CENTER.

    (a) Assessment and Report Required.--Not later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence shall--
            (1) conduct an assessment as to the future structure, 
        responsibilities, and organizational placement of the Foreign 
        Malign Influence Center; and
            (2) submit to the congressional intelligence committees a 
        report on the findings of the Director with respect to the 
        assessment conducted under paragraph (1).

    (b) <<NOTE: Assessments.>>  Elements.--The assessment conducted 
under subsection (a)(1) shall include--
            (1) an assessment of whether the statutory functions of the 
        Foreign Malign Influence Center are optimized to the needs of 
        the intelligence community and policymakers;
            (2) a description of potential changes to the statutory 
        functions of the Foreign Malign Influence Center that might 
        further advance the counter-foreign malign influence mission of 
        the Center and the intelligence community, including whether the 
        Director of the Foreign Malign Influence Center should continue 
        to report directly to the Director of National Intelligence and 
        whether the Foreign Malign Influence Center should remain a 
        separate, stand-alone center; and

[[Page 136 STAT. 1019]]

            (3) an assessment of the risks, benefits, and feasibility of 
        predominantly staffing the Foreign Malign Influence Center with 
        detailees from other agencies, including from outside the 
        intelligence community.

                        Subtitle C--Other Matters

SEC. 821. BIENNIAL REPORTS ON FOREIGN BIOLOGICAL THREATS.

    (a) Requirement.--Title XI of the National Security Act of 1947 (50 
U.S.C. 3231 et seq.) is amended by adding at the end the following new 
section (and conforming the table of contents at the beginning of such 
Act accordingly):
``SEC. 1111. <<NOTE: 50 USC 3241.>>  BIENNIAL REPORTS ON FOREIGN 
                          BIOLOGICAL THREATS.

    ``(a) <<NOTE: Termination date.>>  Reports.--On a biennial basis 
until the date that is 10 years after the date of the enactment of the 
Intelligence Authorization Act for Fiscal Year 2022, the Director of 
National Intelligence shall submit to the congressional intelligence 
committees a comprehensive report on the activities, prioritization, and 
responsibilities of the intelligence community with respect to foreign 
biological threats emanating from the territory of, or sponsored by, a 
covered country.

    ``(b) <<NOTE: Assessments.>>  Matters Included.--Each report under 
subsection (a) shall include, with respect to foreign biological threats 
emanating from the territory of, or sponsored by, a covered country, the 
following:
            ``(1) A detailed description of all activities relating to 
        such threats undertaken by each element of the intelligence 
        community, and an assessment of any gaps in such activities.
            ``(2) A detailed description of all duties and 
        responsibilities relating to such threats explicitly authorized 
        or otherwise assigned, exclusively or jointly, to each element 
        of the intelligence community, and an assessment of any 
        identified gaps in such duties or responsibilities.
            ``(3) A description of the coordination among the relevant 
        elements of the intelligence community with respect to the 
        activities specified in paragraph (1) and the duties and 
        responsibilities specified in paragraph (2).
            ``(4) <<NOTE: Inventory.>>  An inventory of the strategies, 
        plans, policies, and interagency agreements of the intelligence 
        community relating to the collection, monitoring, analysis, 
        mitigation, and attribution of such threats, and an assessment 
        of any identified gaps therein.
            ``(5) A description of the coordination and interactions 
        among the relevant elements of the intelligence community and 
        non-intelligence community partners.
            ``(6) An assessment of foreign malign influence efforts 
        relating to such threats, including any foreign academics 
        engaged in such efforts, and a description of how the 
        intelligence community contributes to efforts by non-
        intelligence community partners to counter such foreign malign 
        influence.

    ``(c) <<NOTE: Summary.>>  Form.--Each report submitted under 
subsection (a) may be submitted in classified form, but if so submitted 
shall include an unclassified executive summary.

    ``(d) Definitions.--In this section:

[[Page 136 STAT. 1020]]

            ``(1) Covered country.--The term `covered country' means--
                    ``(A) China;
                    ``(B) Iran;
                    ``(C) North Korea;
                    ``(D) Russia; and
                    ``(E) <<NOTE: Determinations.>>  any other foreign 
                country--
                          ``(i) from which the Director of National 
                      Intelligence determines a biological threat 
                      emanates; or
                          ``(ii) that the Director determines has a 
                      known history of, or has been assessed as having 
                      conditions present for, infectious disease 
                      outbreaks or epidemics.
            ``(2) Foreign biological threat.--The term `foreign 
        biological threat' means biological warfare, bioterrorism, 
        naturally occurring infectious diseases, or accidental exposures 
        to biological materials, without regard to whether the threat 
        originates from a state actor, a non-state actor, natural 
        conditions, or an undetermined source.
            ``(3) Foreign malign influence.--The term `foreign malign 
        influence' has the meaning given such term in section 119C(e) of 
        this Act.
            ``(4) Non-intelligence community partner.--The term `non-
        intelligence community partner' means a Federal department or 
        agency that is not an element of the intelligence community.''.

    (b) <<NOTE: 50 USC 3241 note.>>  First Report.--Not later than 120 
days after the date of the enactment of this Act, the Director of 
National Intelligence shall submit to the congressional intelligence 
committees the first report required under section 1111 of the National 
Security Act of 1947, as added by subsection (a).
SEC. 822. ANNUAL REPORTS ON CERTAIN CYBER VULNERABILITIES PROCURED 
                        BY INTELLIGENCE COMMUNITY AND FOREIGN 
                        COMMERCIAL PROVIDERS OF CYBER 
                        VULNERABILITIES.

    (a) Requirement.--Title XI of the National Security Act of 1947 (50 
U.S.C. 3231 et seq.), as amended by section 821, is further amended by 
adding at the end the following new section (and conforming the table of 
contents at the beginning of such Act accordingly):
``SEC. 1112. <<NOTE: 50 USC 3242.>>  ANNUAL REPORTS ON CERTAIN 
                          CYBER VULNERABILITIES PROCURED BY 
                          INTELLIGENCE COMMUNITY AND FOREIGN 
                          COMMERCIAL PROVIDERS OF CYBER 
                          VULNERABILITIES.

    ``(a) <<NOTE: Termination date. Coordination.>>  Annual Reports.--On 
an annual basis through 2026, the Director of the Central Intelligence 
Agency and the Director of the National Security Agency, in coordination 
with the Director of National Intelligence, shall jointly submit to the 
congressional intelligence committees a report containing information on 
foreign commercial providers and the cyber vulnerabilities procured by 
the intelligence community through foreign commercial providers.

    ``(b) <<NOTE: Assessments.>>  Elements.--Each report under 
subsection (a) shall include, with respect to the period covered by the 
report, the following:
            ``(1) A description of each cyber vulnerability procured 
        through a foreign commercial provider, including--
                    ``(A) a description of the vulnerability;
                    ``(B) the date of the procurement;
                    ``(C) whether the procurement consisted of only that 
                vulnerability or included other vulnerabilities;

[[Page 136 STAT. 1021]]

                    ``(D) the cost of the procurement;
                    ``(E) the identity of the commercial provider and, 
                if the commercial provider was not the original supplier 
                of the vulnerability, a description of the original 
                supplier;
                    ``(F) the country of origin of the vulnerability; 
                and
                    ``(G) an assessment of the ability of the 
                intelligence community to use the vulnerability, 
                including whether such use will be operational or for 
                research and development, and the approximate timeline 
                for such use.
            ``(2) An assessment of foreign commercial providers that--
                    ``(A) pose a significant threat to the national 
                security of the United States; or
                    ``(B) have provided cyber vulnerabilities to any 
                foreign government that--
                          ``(i) has used the cyber vulnerabilities to 
                      target United States persons, the United States 
                      Government, journalists, or dissidents; or
                          ``(ii) has an established pattern or practice 
                      of violating human rights or suppressing dissent.
            ``(3) <<NOTE: Time period.>>  An assessment of whether the 
        intelligence community has conducted business with the foreign 
        commercial providers identified under paragraph (2) during the 
        5-year period preceding the date of the report.

    ``(c) Form.--Each report under subsection (a) may be submitted in 
classified form.
    ``(d) Definitions.--In this section:
            ``(1) Commercial provider.--The term `commercial provider' 
        means any person that sells, or acts as a broker, for a cyber 
        vulnerability.
            ``(2) Cyber vulnerability.--The term `cyber vulnerability' 
        means any tool, exploit, vulnerability, or code that is intended 
        to compromise a device, network, or system, including such a 
        tool, exploit, vulnerability, or code procured by the 
        intelligence community for purposes of research and 
        development.''.

    (b) <<NOTE: 50 USC 3242 note.>>  First Report.--Not later than 90 
days after the date of the enactment of this Act, the Director of the 
Central Intelligence Agency and the Director of the National Security 
Agency shall jointly submit the first report required under section 1112 
of the National Security Act of 1947, as added by subsection (a).
SEC. 823. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF INTELLIGENCE 
                        COMMUNITY.

    (a) Periodic Reports Required.--Title XI of the National Security 
Act of 1947 (50 U.S.C. 3231 et seq.), as amended by section 822, is 
further amended by adding at the end the following new section (and 
conforming the table of contents at the beginning of such Act 
accordingly):
``SEC. 1113. <<NOTE: 50 USC 3243.>>  PERIODIC REPORTS ON 
                          TECHNOLOGY STRATEGY OF INTELLIGENCE 
                          COMMUNITY.

    ``(a) <<NOTE: Coordination.>>  Reports.--On a basis that is not less 
frequent than once every 4 years, the Director of National Intelligence, 
in coordination with the Director of the Office of Science and 
Technology Policy, the Secretary of Commerce, and the heads of such 
other agencies as the Director considers appropriate, shall submit to 
the congressional intelligence committees a comprehensive report on the 
technology strategy of the intelligence community, which shall be 
designed to support the maintenance of the leadership of the United

[[Page 136 STAT. 1022]]

States in critical and emerging technologies essential to the national 
security of the United States.

    ``(b) Elements.--Each report submitted under subsection (a) shall 
include the following:
            ``(1) <<NOTE: Assessment.>>  An assessment of technologies 
        critical to the national security of the United States, 
        particularly those technologies with respect to which foreign 
        countries that are adversarial to the United States have or are 
        poised to match or surpass the technology leadership of the 
        United States.
            ``(2) <<NOTE: Review.>>  A review of current technology 
        policies of the intelligence community, including long-term 
        goals.
            ``(3) <<NOTE: Determination.>>  An identification of sectors 
        and supply chains the Director determines to be of the greatest 
        strategic importance to national security.
            ``(4) An identification of opportunities to protect the 
        leadership of the United States, and the allies and partners of 
        the United States, in critical technologies, including through 
        targeted export controls, investment screening, and 
        counterintelligence activities.
            ``(5) <<NOTE: Determination.>>  An identification of 
        research and development areas the Director determines critical 
        to the national security of the United States, including areas 
        in which the private sector does not focus.
            ``(6) <<NOTE: Recommenda- tions.>>  Recommendations for 
        growing talent in key critical and emerging technologies and 
        enhancing the ability of the intelligence community to recruit 
        and retain individuals with critical skills relating to such 
        technologies.
            ``(7) An identification of opportunities to improve the 
        leadership of the United States in critical technologies, 
        including opportunities to develop international partnerships to 
        reinforce domestic policy actions, develop new markets, engage 
        in collaborative research, and maintain an international 
        environment that reflects the values of the United States and 
        protects the interests of the United States.
            ``(8) <<NOTE: Technology annex.>>  A technology annex to 
        establish an approach for the identification, prioritization, 
        development, and fielding of emerging technologies critical to 
        the mission of the intelligence community.
            ``(9) <<NOTE: Determination.>>  Such other information as 
        the Director determines may be necessary to inform Congress on 
        matters relating to the technology strategy of the intelligence 
        community and related implications for the national security of 
        the United States.

    ``(c) Form of Annex.--Each annex submitted under subsection (b)(8) 
may be submitted in classified form.''.
    (b) <<NOTE: 50 USC 3243 note.>>  First Report.--Not later than 1 
year after the date of the enactment of this Act, the Director of 
National Intelligence shall submit to the congressional intelligence 
committees the first report required under section 1113 of the National 
Security Act of 1947, as added by subsection (a).
SEC. 824. INTELLIGENCE ASSESSMENT AND REPORTS ON FOREIGN RACIALLY 
                        MOTIVATED VIOLENT EXTREMISTS.

    (a) Intelligence Assessment.--

[[Page 136 STAT. 1023]]

            (1) <<NOTE: Deadline. Coordination. Consultation.>>  
        Requirement.--Not later than 120 days after the date of the 
        enactment of this Act, the Director of National Intelligence, 
        acting through the Director of the National Counterterrorism 
        Center, in coordination with the Director of the Federal Bureau 
        of Investigation and the Under Secretary of Homeland Security 
        for Intelligence and Analysis, and in consultation with other 
        relevant Federal departments and agencies, shall submit to the 
        appropriate congressional committees an intelligence assessment 
        on significant threats to the United States associated with 
        foreign racially motivated violent extremist organizations.
            (2) Elements.--The assessment under paragraph (1) shall 
        include the following:
                    (A) <<NOTE: List.>>  A list of foreign racially 
                motivated violent extremist organizations that pose a 
                significant threat to the national security of the 
                United States.
                    (B) With respect to each such organization--
                          (i) an overview of the membership, ideology, 
                      and activities;
                          (ii) a description of any transnational links 
                      to the United States or United States persons;
                          (iii) a description of the leadership, plans, 
                      intentions, and capabilities;
                          (iv) whether (and if so, to what extent) 
                      foreign governments or their proxies provide any 
                      manner of support to such organizations, including 
                      a list of each such foreign government or proxy;
                          (v) a description of the composition and 
                      characteristics of the members and support 
                      networks, including whether (and if so, to what 
                      extent) the members are also a part of a military, 
                      security service, or police;
                          (vi) a description of financing and other 
                      forms of material support;
                          (vii) an assessment of trends and patterns 
                      relative to communications, travel, and training 
                      (including whether and to what extent the 
                      organization is engaged in or facilitating 
                      military or paramilitary training);
                          (viii) an assessment of the radicalization and 
                      recruitment, including an analysis of the 
                      extremist messaging motivating members and 
                      supporters; and
                          (ix) whether (and if so, to what extent) 
                      foreign governments have sufficient laws and 
                      policies to counter threats to the United States 
                      associated with the organization, including best 
                      practices and gaps.
                    (C) An assessment of the status and extent of 
                information sharing, intelligence partnerships, foreign 
                police cooperation, and mutual legal assistance between 
                the United States and foreign governments relative to 
                countering threats to the United States associated with 
                foreign racially motivated violent extremist 
                organizations.
                    (D) An assessment of intelligence gaps and 
                recommendations on how to remedy such gaps.
                    (E) <<NOTE: Analysis.>>  An opportunity analysis 
                regarding countering such threats, including, at a 
                minimum, with respect to mitigating and disrupting the 
                transnational nexus.

[[Page 136 STAT. 1024]]

            (3) Standards.--The intelligence assessment under paragraph 
        (1) shall be conducted in a manner that meets the analytic 
        integrity and tradecraft standards of the intelligence 
        community.
            (4) Form.--The intelligence assessment under paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex in electronic form that is fully indexed and 
        searchable. In carrying out this paragraph, the officials 
        responsible for submitting such assessment shall ensure that the 
        assessment is unclassified to the extent practicable.

    (b) Report.--
            (1) <<NOTE: Coordination.>>  Requirement.--Not later than 
        150 days after the date of the enactment of this Act, the 
        Director of National Intelligence, acting through the Director 
        of the National Counterterrorism Center, in coordination with 
        the Secretary of State, the Secretary of the Treasury, the 
        Attorney General, the Secretary of Homeland Security, and in a 
        manner consistent with the authorities and responsibilities of 
        such Secretary or Director, shall submit to the appropriate 
        congressional committees a report on the use of Federal laws, 
        regulations, and policies by the Federal Government to counter 
        significant threats to the United States and United States 
        persons associated with foreign racially motivated violent 
        extremist organizations.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) An identification, description, and assessment 
                of the use and efficacy of, Federal laws, regulations, 
                and policies used by the Federal Government to address 
                significant threats to the United States and United 
                States persons associated with foreign racially 
                motivated violent extremist organizations, including 
                pursuant to--
                          (i) section 1016 of the Intelligence Reform 
                      and Terrorism Prevention Act of 2004 (6 U.S.C. 
                      485) and section 119 of the National Security Act 
                      of 1949 (50 U.S.C. 3056), particularly with 
                      respect to the coordination and integration of all 
                      instruments of national power;
                          (ii) Executive Order 12333 (50 U.S.C. 3001 
                      note), as amended;
                          (iii) the designation of foreign terrorist 
                      organizations under section 219 of the Immigration 
                      and Nationality Act (8 U.S.C. 1189);
                          (iv) the designation of specially designated 
                      terrorists, specially designated global 
                      terrorists, or specially designated nationals and 
                      blocked persons, pursuant to Executive Orders 
                      13886, 13372, and 13224 and parts 594, 595, 596, 
                      and 597 of title 31, Code of Federal Regulations;
                          (v) National Security Presidential Memorandums 
                      7 and 9, particularly with respect to the sharing 
                      of terrorism information and screening and vetting 
                      activities; and
                          (vi) any other applicable Federal laws, 
                      regulations, or policies.

[[Page 136 STAT. 1025]]

                    (B) An assessment of whether (and if so, to what 
                extent and why) such Federal laws, regulations, and 
                policies are sufficient to counter such threats, 
                including a description of any gaps and specific 
                examples to illustrate such gaps.
                    (C) <<NOTE: Recommenda- tions.>>  Recommendations 
                regarding how to remedy the gaps under subparagraph (B).
            (3) <<NOTE: Consultation.>>  Privacy and civil liberties 
        assessment.--Not later than 180 days after the date of the 
        enactment of this Act, the Privacy and Civil Liberties Oversight 
        Board, in consultation with the civil liberties and privacy 
        officers of the Federal departments and agencies the Board 
        determines appropriate, shall submit to the appropriate 
        congressional committees a report containing--
                    (A) an assessment of the impacts on the privacy and 
                civil liberties of United States persons concerning the 
                use or recommended use of any Federal laws, regulations, 
                and policies specified in paragraph (2); and
                    (B) <<NOTE: Recommenda- tions.>>  recommendations on 
                options to develop protections to mitigate such impacts.
            (4) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may include a classified annex in 
        electronic form that is fully indexed and searchable. In 
        carrying out this paragraph, the officials responsible for 
        submitting such report shall ensure that the report is 
        unclassified to the extent practicable.
            (5) Separate submission.--The Director shall submit to the 
        appropriate congressional committees the report under paragraph 
        (1) as a separate report from the report submitted under section 
        826(a)(2).

    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees;
                    (B) the Subcommittees on Financial Services and 
                General Government, the Subcommittees on Homeland 
                Security, and the Subcommittees on State, Foreign 
                Operations, and Related Programs of the Committees on 
                Appropriations of the House of Representatives and the 
                Senate; and
                    (C) the Committee on Foreign Affairs of the House of 
                Representatives and the Committee on Foreign Relations 
                of the Senate.
            (2) Terrorism information.--The term ``terrorism 
        information'' has the meaning given that term in section 1016(a) 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 485(a)).
            (3) United states person.--The term ``United States person'' 
        has the meaning given that term in section 105A(c) of the 
        National Security Act of 1947 (50 U.S.C. 3039).
SEC. 825. NATIONAL INTELLIGENCE ESTIMATE ON ESCALATION AND DE-
                        ESCALATION OF GRAY ZONE ACTIVITIES IN 
                        GREAT POWER COMPETITION.

    (a) Findings.--Congress finds the following:
            (1) The conventional power of the United States has driven 
        foreign adversaries to a level of competition that does not 
        always depend on military confrontation with the United States.

[[Page 136 STAT. 1026]]

            (2) Rather than challenging the United States in a manner 
        that could provoke a kinetic military response, foreign 
        adversaries of the United States have turned to carrying out 
        gray zone activities to advance the interests of such 
        adversaries, weaken the power of the United States, and erode 
        the norms that underpin the United States-led international 
        order.
            (3) Gray zone activity falls on a spectrum of attribution 
        and deniability that ranges from covert adversary operations, to 
        detectible covert adversary operations, to unattributable 
        adversary operations, to deniable adversary operations, to open 
        adversary operations.
            (4) To adequately address such a shift to gray zone 
        activity, the United States must understand what actions tend to 
        either escalate or de-escalate such activity by its adversaries.
            (5) The laws, principles, and values of the United States 
        are strategic advantages in great power competition with 
        authoritarian foreign adversaries that carry out gray zone 
        activities, because such laws, principles, and values increase 
        the appeal of the governance model of the United States, and the 
        United States-led international order, to states and peoples 
        around the world.
            (6) The international security environment has demonstrated 
        numerous examples of gray zone activities carried out by foreign 
        adversaries, including the following activities of foreign 
        adversaries:
                    (A) Information operations, such as efforts by 
                Russia to influence the 2020 United States Federal 
                elections (as described in the March 15, 2021, 
                intelligence community assessment of the Office of the 
                Director of National Intelligence made publicly 
                available on March 15, 2021).
                    (B) Adversary political coercion operations, such as 
                the wielding of energy by Russia, particularly in the 
                context of Ukrainian gas pipelines, to coerce its 
                neighbors into compliance with its policies.
                    (C) Adversary economic coercion operations, such as 
                the threat, and use, by China of economic retaliation to 
                coerce sovereign countries into compliance with its 
                policies or to blunt any criticism of its violations of 
                the rules-based international order and its perpetration 
                of severe human rights abuses.
                    (D) Cyber operations, such as the use by China of 
                cyber tools to conduct industrial espionage.
                    (E) Provision of support to proxy forces, such as 
                the support provided by Iran to Hezbollah and Shia 
                militia groups.
                    (F) Provocation by armed forces controlled by the 
                government of the foreign adversary through measures 
                that do not rise to the level of an armed attack, such 
                as the use of the China Coast Guard and maritime militia 
                by China to harass the fishing vessels of other 
                countries in the South China Sea.
                    (G) Alleged uses of lethal force on foreign soil, 
                such as the 2018 poisoning of Sergei Skripal in London 
                by Russia.
                    (H) The potential use by an adversary of technology 
                that causes anomalous health incidents among United 
                States Government personnel.

[[Page 136 STAT. 1027]]

    (b) National Intelligence Estimate.--
            (1) Requirement.--The Director of National Intelligence, 
        acting through the National Intelligence Council, shall produce 
        a National Intelligence Estimate on how foreign adversaries use 
        gray zone activities to advance interests, what responses by the 
        United States (or the allies or partners of the United States) 
        would tend to result in the escalation or de-escalation of such 
        gray zone activities by foreign adversaries, and any 
        opportunities for the United States to minimize the extent to 
        which foreign adversaries use gray zone activities in 
        furtherance of great power competition.
            (2) <<NOTE: Determination. Assessments.>>  Matters 
        included.--To the extent determined appropriate by the National 
        Intelligence Council, the National Intelligence Estimate 
        produced under paragraph (1) may include an assessment of the 
        following topics:
                    (A) Any potential or actual lethal or harmful gray 
                zone activities carried out against the United States by 
                foreign adversaries, including against United States 
                Government employees and United States persons, whether 
                located within or outside of the United States.
                    (B) To the extent such activities have occurred, or 
                are predicted to occur--
                          (i) opportunities to reduce or deter any such 
                      activities; and
                          (ii) any actions of the United States 
                      Government that would tend to result in the 
                      escalation or de-escalation of such activities.
                    (C) Any incidents in which foreign adversaries could 
                have used, but ultimately did not use, gray zone 
                activities to advance the interests of such adversaries, 
                including an assessment as to why the foreign adversary 
                ultimately did not use gray zone activities.
                    (D) The effect of lowering the United States 
                Government threshold for the public attribution of 
                detectible covert adversary operations, unattributable 
                adversary operations, and deniable adversary operations.
                    (E) The effect of lowering the United States 
                Government threshold for responding to detectible covert 
                adversary operations, unattributable adversary 
                operations, and deniable adversary operations.
                    (F) The extent to which the governments of foreign 
                adversaries exercise control over any proxies or 
                parastate actors used by such governments in carrying 
                out gray zone activities.
                    (G) The extent to which gray zone activities carried 
                out by foreign adversaries affect the private sector of 
                the United States.
                    (H) The international norms that provide the 
                greatest deterrence to gray zone activities carried out 
                by foreign adversaries, and opportunities for 
                strengthening those norms.
                    (I) The effect, if any, of the strengthening of 
                democratic governance abroad on the resilience of United 
                States allies and partners to gray zone activities.
                    (J) Opportunities to strengthen the resilience of 
                United States allies and partners to gray zone 
                activities, and associated tactics, carried out by 
                foreign adversaries.

[[Page 136 STAT. 1028]]

                    (K) Opportunities for the United States to improve 
                the detection of, and early warning for, such activities 
                and tactics.
                    (L) Opportunities for the United States to galvanize 
                international support in responding to such activities 
                and tactics.
            (3) Submission to congress.--
                    (A) <<NOTE: Deadline.>>  Submission.--Not later than 
                1 year after the date of the enactment of this Act, the 
                Director shall submit to the congressional intelligence 
                committees and the Committees on Armed Services of the 
                House of Representatives and the Senate the National 
                Intelligence Estimate produced under paragraph (1). In 
                so submitting the Estimate to the congressional 
                intelligence committees, the Director shall include all 
                intelligence reporting underlying the Estimate.
                    (B) <<NOTE: Determination.>>  Notice regarding 
                submission.--If at any time before the deadline 
                specified in subparagraph (A), the Director determines 
                that the National Intelligence Estimate produced under 
                paragraph (1) cannot be submitted by such deadline, the 
                Director shall (before such deadline) submit to the 
                committees specified in subparagraph (A) a report 
                setting forth the reasons why the National Intelligence 
                Estimate cannot be submitted by such deadline and an 
                estimated date for the submission of the National 
                Intelligence Estimate.
                    (C) Form.--Any report under subparagraph (B) shall 
                be submitted in unclassified form.
            (4) <<NOTE: Web posting.>>  Public version.--Consistent with 
        the protection of intelligence sources and methods, at the same 
        time as the Director submits to the congressional intelligence 
        committees and the Committees on Armed Services of the House of 
        Representatives and the Senate the National Intelligence 
        Estimate under paragraph (1), the Director shall make publicly 
        available on the internet website of the Director an 
        unclassified version of the key findings of the National 
        Intelligence Estimate.
            (5) <<NOTE: 50 USC 3316c note.>>  Definitions.--In this 
        subsection:
                    (A) Gray zone activity.--The term ``gray zone 
                activity'' means an activity to advance the national 
                interests of a State that--
                          (i) falls between ordinary statecraft and open 
                      warfare;
                          (ii) is carried out with an intent to maximize 
                      the advancement of interests of the state without 
                      provoking a kinetic military response by the 
                      United States; and
                          (iii) falls on a spectrum that ranges from 
                      covert adversary operations, to detectible covert 
                      adversary operations, to unattributable adversary 
                      operations, to deniable adversary operations, to 
                      open adversary operations.
                    (B) Covert adversary operation.--The term ``covert 
                adversary operation'' means an operation by an adversary 
                that--
                          (i) the adversary intends to remain below the 
                      threshold at which the United States detects the 
                      operation; and

[[Page 136 STAT. 1029]]

                          (ii) does stay below such threshold.
                    (C) Detectible covert adversary operation.--The term 
                ``detectible covert adversary operation'' means an 
                operation by an adversary that--
                          (i) the adversary intends to remain below the 
                      threshold at which the United States detects the 
                      operation; but
                          (ii) is ultimately detected by the United 
                      States at a level below the level at which the 
                      United States will publicly attribute the 
                      operation to the adversary.
                    (D) Unattributable adversary operation.--The term 
                ``unattributable adversary operation'' means an 
                operation by an adversary that the adversary intends to 
                be detected by the United States, but remains below the 
                threshold at which the United States will publicly 
                attribute the operation to the adversary.
                    (E) Deniable adversary operation.--The term 
                ``deniable adversary operation'' means an operation by 
                an adversary that--
                          (i) the adversary intends to be detected and 
                      publicly or privately attributed by the United 
                      States; and
                          (ii) the adversary intends to deny, to limit 
                      the response by the United States, and any allies 
                      of the United States.
                    (F) Open adversary operation.--The term ``open 
                adversary operation'' means an operation by an adversary 
                that the adversary openly acknowledges as attributable 
                to the adversary.

    (c) Requirement to Develop Lexicon.--
            (1) Requirement.--The Director of National Intelligence, 
        acting through the National Intelligence Council, shall develop 
        a lexicon of common terms (and corresponding definitions for 
        such terms) for concepts associated with gray zone activities.
            (2) <<NOTE: Determination.>>  Considerations.--In developing 
        the lexicon under paragraph (1), the National Intelligence 
        Council shall include in the lexicon each term (and the 
        corresponding definition for each term) specified in subsection 
        (b)(5), unless the National Intelligence Council determines that 
        an alternative term (or alternative definition)--
                    (A) more accurately describes a concept associated 
                with gray zone activities; or
                    (B) is preferable for any other reason.
            (3) Report.--
                    (A) Publication.--The Director of National 
                Intelligence shall publish a report containing the 
                lexicon developed under paragraph (1).
                    (B) Form.--The report under subparagraph (A) shall 
                be published in unclassified form.
SEC. 826. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC VIOLENT 
                        EXTREMISM.

    (a) <<NOTE: Deadline.>>  Assessment.--Not later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence, consistent with the protection of intelligence sources and 
methods, shall--
            (1) complete an assessment to identify the role of foreign 
        groups, including entities, adversaries, governments, or other

[[Page 136 STAT. 1030]]

        groups, in domestic violent extremist activities in the United 
        States; and
            (2) submit to the appropriate congressional committees a 
        report containing the findings of the Director with respect to 
        the assessment.

    (b) Form.--The report under subsection (a)(2) shall be submitted in 
unclassified form, but may include a classified annex.
    (c) Separate Submission.--The Director shall submit to the 
appropriate congressional committees the report under subsection (a)(2) 
as a separate report from the report submitted under section 824(b)(1).
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Relations and the Committee on 
        the Judiciary of the Senate; and
            (3) the Committee on Foreign Affairs and the Committee on 
        the Judiciary of the House of Representatives.
SEC. 827. REPORT ON POTENTIAL INCLUSION WITHIN INTELLIGENCE 
                        COMMUNITY OF THE OFFICE OF NATIONAL 
                        SECURITY OF THE DEPARTMENT OF HEALTH AND 
                        HUMAN SERVICES.

    (a) <<NOTE: Coordination.>>  Report.--Not later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence, in coordination with the Secretary of Health and Human 
Services, shall submit to the appropriate congressional committees a 
report on the potential advantages and disadvantages of adding the 
Office of National Security of the Department of Health and Human 
Services as a new element of the intelligence community.

    (b) Matters Included.--The report under subsection (a) shall include 
the following:
            (1) <<NOTE: Assessments.>>  An assessment of the following:
                    (A) The likelihood that the addition of the Office 
                of National Security as a new element of the 
                intelligence community would increase connectivity 
                between other elements of the intelligence community 
                working on health security topics and the Department of 
                Health and Human Services.
                    (B) The likelihood that such addition would increase 
                the flow of raw intelligence and finished intelligence 
                products to officials of the Department of Health and 
                Human Services.
                    (C) The likelihood that such addition would 
                facilitate the flow of information relating to health 
                security topics to intelligence analysts of various 
                other elements of the intelligence community working on 
                such topics.
                    (D) The extent to which such addition would clearly 
                demonstrate to both the national security community and 
                the public health community that health security is 
                national security.
                    (E) Any anticipated impediments to such addition 
                relating to additional budgetary oversight by the 
                executive branch or Congress.
                    (F) Any other significant advantages or 
                disadvantages of such addition, as identified by either 
                the Director of

[[Page 136 STAT. 1031]]

                National Intelligence or the Secretary of Health and 
                Human Services.
            (2) <<NOTE: Recommenda- tion.>>  A joint recommendation by 
        the Director of National Intelligence and the Secretary of 
        Health and Human Services as to whether to add the Office of 
        National Security as a new element of the intelligence 
        community.

    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate; and
            (3) the Subcommittees on Labor, Health and Human Services, 
        Education, and Related Agencies of the Committees on 
        Appropriations of the House of Representatives and the Senate.
SEC. 828. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID SPACE 
                        ARCHITECTURE.

    (a) <<NOTE: Time period. Coordination.>>  Report Required.--Not 
later than 180 days after the date of the enactment of this Act, and 
annually for 2 years thereafter, the Director of National Intelligence, 
in coordination with the Under Secretary of Defense for Intelligence and 
Security and the Director of the National Reconnaissance Office, shall 
submit to the appropriate congressional committees a report on the 
efforts of the intelligence community to build an integrated hybrid 
space architecture that combines national and commercial capabilities 
and large and small satellites.

    (b) <<NOTE: Assessments.>>  Elements.--The report required by 
subsection (a) shall include the following:
            (1) An assessment of how the integrated hybrid space 
        architecture approach is being realized in the overhead 
        architecture of the National Reconnaissance Office.
            (2) An assessment of the benefits to the mission of the 
        National Reconnaissance Office and the cost of integrating 
        capabilities from smaller, proliferated satellites and data from 
        commercial satellites with the national technical means 
        architecture.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the congressional defense committees.
SEC. 829. REPORT ON CERTAIN ACTIONS TAKEN BY INTELLIGENCE 
                        COMMUNITY WITH RESPECT TO HUMAN RIGHTS AND 
                        INTERNATIONAL HUMANITARIAN LAW.

    (a) <<NOTE: Coordination.>>  Report.--Not later than 120 days after 
the date of the enactment of this Act, the Director of National 
Intelligence, in coordination with the Director of the Central 
Intelligence Agency, the Director of the National Security Agency, the 
Secretary of Defense, and the Director of the Defense Intelligence 
Agency, and consistent with the protection of intelligence sources and 
methods, shall submit to the appropriate congressional committees a 
report on certain actions taken by the intelligence community with 
respect to human rights and international humanitarian law.

[[Page 136 STAT. 1032]]

    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) A detailed explanation of whether, and to what extent, 
        each element of the intelligence community has provided 
        intelligence products relating to the efforts of the Secretary 
        of State and the Secretary of Treasury regarding the 
        categorization, determinations on eligibility for assistance and 
        training, and general understanding, of covered entities that 
        commit, engage, or are otherwise complicit in, violations of 
        human rights or international humanitarian law.
            (2) A detailed explanation of whether, and to what extent, 
        each element of the intelligence community has provided 
        intelligence products relating to any of the following:
                    (A) Section 7031(c) of the Department of State, 
                Foreign Operations, and Related Programs Appropriations 
                Act, 2020 (division G of Public Law 116-94; 8 U.S.C. 
                1182 note).
                    (B) The visa restriction policy of the Department of 
                State announced on February 26, 2021, and commonly 
                referred to as the ``Khashoggi Ban''.
                    (C) The annual report requirement of the Department 
                of Defense under section 1057 of the National Defense 
                Authorization Act for Fiscal Year 2018 (131 Stat. 1572).
                    (D) The Global Magnitsky Human Rights Accountability 
                Act (subtitle F of title XII of Public Law 114-328; 22 
                U.S.C. 2656 note).
            (3) A detailed explanation of the following processes:
                    (A) The process of each element of the intelligence 
                community for monitoring covered entities for derogatory 
                human rights or international humanitarian law 
                information.
                    (B) The process of each element of the intelligence 
                community for determining the credibility of derogatory 
                human rights or international humanitarian law 
                information.
                    (C) The process of each element of the intelligence 
                community for determining what further action is 
                appropriate if derogatory human rights or international 
                humanitarian law information is determined to be 
                credible.
            (4) <<NOTE: Records.>>  An unredacted copy of each policy or 
        similar document that describes a process specified in paragraph 
        (3).
            (5) A detailed explanation of whether, with respect to each 
        element of the intelligence community, the head of the element 
        has changed or restricted any activities of the element in 
        response to derogatory human rights or international 
        humanitarian law information.
            (6) <<NOTE: Time period.>>  Examples of any changes or 
        restrictions specified in paragraph (5) taken by the head of the 
        element of the intelligence community during the two years 
        preceding the date of the submission of the report.

    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees;

[[Page 136 STAT. 1033]]

                    (B) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives;
                    (C) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (D) the Subcommittees on Financial Services and 
                General Government and the Subcommittees on State, 
                Foreign Operations, and Related Programs of the 
                Committees on Appropriations of the House of 
                Representatives and the Senate.
            (2) Covered entity.--The term ``covered entity''--
                    (A) means an individual, unit, or foreign government 
                that--
                          (i) has a cooperative relationship with the 
                      United States Government; or
                          (ii) is the target of an intelligence 
                      collection activity carried out by the United 
                      States Government; but
                    (B) does not include an employee of the United 
                States Government.
            (3) Derogatory human rights or international humanitarian 
        law information.--The term ``derogatory human rights or 
        international humanitarian law information'' means information 
        tending to suggest that a covered entity committed, 
        participated, or was otherwise complicit in, a violation of 
        human rights or international humanitarian law, regardless of 
        the credibility of such information, the source of the 
        information, or the level of classification of the information.
            (4) Violation of human rights or international humanitarian 
        law.--The term ``violation of human rights or international 
        humanitarian law'' includes a violation of any authority or 
        obligation of the United States Government related to human 
        rights or international humanitarian law, without regard to 
        whether such authority or obligation is codified in a provision 
        of law, regulation, or policy.
SEC. 830. REPORT ON RARE EARTH ELEMENTS.

    (a) <<NOTE: Coordination.>>  Report.--Not later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence, in coordination with the Director of the Defense 
Intelligence Agency, the Director of the Office of Intelligence and 
Counterintelligence of the Department of Energy, and any other head of 
an element of the intelligence community that the Director of National 
Intelligence determines relevant, shall submit to the congressional 
intelligence committees a report on rare earth elements.

    (b) Matters Included.--The report under subsection (a) shall include 
the following:
            (1) <<NOTE: Assessments. China.>>  An assessment coordinated 
        by the National Intelligence Council of--
                    (A) long-term trends in the global rare earth 
                element industry;
                    (B) the national security, economic, and industrial 
                risks to the United States, and to the partners and 
                allies of the United States, with respect to relying on 
                foreign countries, including China, for rare earth 
                mining and the processing or production of rare earth 
                elements;
                    (C) the intentions of foreign governments, including 
                the government of China, with respect to limiting, 
                reducing,

[[Page 136 STAT. 1034]]

                or ending access of the United States or the partners 
                and allies of the United States to--
                          (i) rare earth elements; or
                          (ii) any aspect of the rare earth mining, 
                      processing, or production chain; and
                    (D) opportunities for the United States, and for the 
                partners and allies of the United States, to assure 
                continued access to--
                          (i) rare earth elements; and
                          (ii) the rare earth mining, processing, or 
                      production chain.
            (2) A description of--
                    (A) any relevant procurement, use, and supply chain 
                needs of the intelligence community with respect to rare 
                earth elements;
                    (B) any relevant planning or efforts by the 
                intelligence community to assure secured access to rare 
                earth elements;
                    (C) any assessed vulnerabilities or risks to the 
                intelligence community with respect to rare earth 
                elements;
                    (D) any relevant planning or efforts by the 
                intelligence community to coordinate with departments 
                and agencies of the United States Government that are 
                not elements of the intelligence community on securing 
                the rare earth element supply chain; and
                    (E) any previous or anticipated efforts by the 
                Supply Chain and Counterintelligence Risk Management 
                Task Force established under section 6306 of the Damon 
                Paul Nelson and Matthew Young Pollard Intelligence 
                Authorization Act for Fiscal Years 2018, 2019, and 2020 
                (50 U.S.C. 3370) with respect to rare earth elements.

    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (d) Rare Earth Elements Defined.--In this section, the term ``rare 
earth elements'' includes products that contain rare earth elements, 
including rare earth magnets.
SEC. 831. REPORT ON ASSESSMENT OF ALL-SOURCE CYBER INTELLIGENCE 
                        INFORMATION.

    (a) <<NOTE: Coordination.>>  Report Required.--Not later than 180 
days after the date of the enactment of this Act, the Inspector General 
of the Intelligence Community, in coordination with the Inspector 
General of the National Security Agency and the Inspector General of the 
Central Intelligence Agency, shall submit to the congressional 
intelligence committees a report on the effectiveness of the 
intelligence community with respect to the integration and dissemination 
of all-source intelligence relating to foreign cyber threats.

    (b) <<NOTE: Assessments.>>  Contents.--The report under subsection 
(a) shall include the following:
            (1) An assessment of the effectiveness of the all-source 
        cyber intelligence integration capabilities of the intelligence 
        community, including the identification of capability gaps 
        relating to the integration of all-source intelligence, or any 
        deficiencies associated with the timely dissemination of such 
        intelligence.
            (2) An assessment of the effectiveness of the intelligence 
        community in analyzing and reporting on cyber supply chain 
        risks, including with respect to interagency coordination and

[[Page 136 STAT. 1035]]

        the leadership of the Office of the Director of National 
        Intelligence.
SEC. 832. BRIEFING ON TRAININGS RELATING TO BLOCKCHAIN TECHNOLOGY.

    (a) <<NOTE: Deadline.>>  Briefing.--Not later than 90 days after the 
date of the enactment of this Act, the Director of National Intelligence 
shall provide to the congressional intelligence committees a briefing on 
the feasibility and benefits of providing training described in 
subsection (b).

    (b) <<NOTE: Criteria.>>  Training Described.--Training described in 
this subsection is training that meets the following criteria:
            (1) The training is on cryptocurrency, blockchain 
        technology, or both subjects.
            (2) The training may be provided through partnerships with 
        universities or private sector entities.
SEC. 833. REPORT ON TRENDS IN TECHNOLOGIES OF STRATEGIC IMPORTANCE 
                        TO UNITED STATES.

    (a) <<NOTE: Time period. Termination 
date. Consultation. Assessments.>>  In General.--Not less frequently 
than once every 2 years until the date that is 4 years after the date of 
the enactment of this Act, the Director of National Intelligence, in 
consultation with the Secretary of Commerce and the Director of the 
Office of Science and Technology Policy, shall submit to the 
congressional intelligence committees a report assessing commercial and 
foreign trends in technologies the Director considers of strategic 
importance to the national and economic security of the United States.

    (b) <<NOTE: Lists. Determinations.>>  Contents.--Each report under 
subsection (a) shall include the following:
            (1) A list of the top technology focus areas the Director 
        determines to be of the greatest strategic importance to the 
        United States.
            (2) A list of the top technology focus areas in which the 
        Director determines foreign countries that are adversarial to 
        the United States are poised to match or surpass the 
        technological leadership of the United States.

    (c) Form.--Each report under subsection (a)--
            (1) may be submitted in the form of a National Intelligence 
        Estimate; and
            (2) <<NOTE: Classified information.>>  shall be submitted in 
        classified form, but may include an unclassified summary.
SEC. 834. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.

    (a) <<NOTE: Deadline. Coordination.>>  Plan.--Not later than 1 year 
after the date of the enactment of this Act, the Director of National 
Intelligence shall coordinate with the heads of other elements of the 
intelligence community and, in conjunction with the heads of those 
elements, shall--
            (1) develop a plan for the development and resourcing of a 
        modern digital ecosystem that embraces state-of-the-art tools 
        and modern processes to enable development, testing, fielding, 
        and continuous updating of artificial intelligence-powered 
        applications at speed and scale from headquarters to the 
        tactical edge; and
            (2) submit to the congressional intelligence committees the 
        plan developed under paragraph (1).

    (b) Contents of Plan.--At a minimum, the plan required by subsection 
(a) shall include the following:

[[Page 136 STAT. 1036]]

            (1) Policies to enable elements of the intelligence 
        community to adopt a hoteling model to allow trusted small- and 
        medium-sized artificial intelligence companies access to 
        classified facilities on a flexible basis.
            (2) Policies for an open architecture and an evolving 
        reference design and guidance for needed technical investments 
        in the proposed ecosystem that address issues, including common 
        interfaces, authentication, applications, platforms, software, 
        hardware, and data infrastructure.
            (3) Policies to ensure, to the extent possible, 
        interoperability, and the reduction of duplication, of 
        artificial intelligence capabilities developed or acquired by 
        elements of the intelligence community.
            (4) <<NOTE: Guidance. Standards.>>  A governance structure, 
        together with associated policies and guidance, to drive the 
        implementation of the reference throughout the intelligence 
        community on a federated basis.
            (5) Community standards for the use of artificial 
        intelligence and associated data, as appropriate.
            (6) <<NOTE: Recommenda- tions.>>  Recommendations to ensure 
        that use of artificial intelligence and associated data by the 
        Federal Government related to United States persons comport with 
        rights relating to freedom of expression, equal protection, 
        privacy, and due process.

    (c) Form.--The plan submitted under subsection (a)(2) shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 835. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY OF THE 
                        SERGEANTS AT ARMS OF THE SENATE AND THE 
                        HOUSE OF REPRESENTATIVES AND THE UNITED 
                        STATES CAPITOL POLICE.

    (a) Report on Intelligence Support.--
            (1) <<NOTE: Coordination.>>  Requirement.--Not later than 60 
        days after the date of the enactment of this Act, the Director 
        of National Intelligence, in coordination with the Director of 
        the Federal Bureau of Investigation and the Secretary of 
        Homeland Security, shall submit to the congressional 
        intelligence committees, the Subcommittees on Commerce, Justice, 
        Science, and Related Agencies and the Subcommittees on Homeland 
        Security of the Committees on Appropriations of the House of 
        Representatives and the Senate, and congressional leadership a 
        report on intelligence support provided to the Sergeants at Arms 
        and the United States Capitol Police.
            (2) Elements.--The report under paragraph (1) shall include 
        a description of the following:
                    (A) Policies related to the Sergeants at Arms and 
                the United States Capitol Police as customers of 
                intelligence.
                    (B) How the intelligence community, the Federal 
                Bureau of Investigation, and the Department of Homeland 
                Security, including the Cybersecurity and Infrastructure 
                Security Agency, are structured, staffed, and resourced 
                to provide intelligence support to the Sergeants at Arms 
                and the United States Capitol Police.
                    (C) The classified electronic and telephony 
                interoperability of the intelligence community, the 
                Federal Bureau of Investigation, and the Department of 
                Homeland Security

[[Page 136 STAT. 1037]]

                with the Sergeants at Arms and the United States Capitol 
                Police.
                    (D) Any expedited security clearances provided for 
                the Sergeants at Arms and the United States Capitol 
                Police.
                    (E) Counterterrorism intelligence and other 
                intelligence relevant to the physical security of 
                Congress that are provided to the Sergeants at Arms and 
                the United States Capitol Police, including--
                          (i) strategic analysis and real-time warning; 
                      and
                          (ii) access to classified systems for 
                      transmitting and posting intelligence.
                    (F) Cyber intelligence relevant to the protection of 
                cyber networks of Congress and the personal devices and 
                accounts of Members and employees of Congress, 
                including--
                          (i) strategic and real-time warnings, such as 
                      malware signatures and other indications of 
                      attack; and
                          (ii) access to classified systems for 
                      transmitting and posting intelligence.
            (3) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may include a classified annex.

    (b) Government Accountability Office Report.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Comptroller General of the United 
        States shall submit to the appropriate congressional committees 
        and congressional leadership a report on the capacity of the 
        Sergeants at Arms and the United States Capitol Police to access 
        and use intelligence and threat information relevant to the 
        physical and cyber security of Congress.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) <<NOTE: Assessment.>>  An assessment of the 
                extent to which the Sergeants at Arms and the United 
                States Capitol Police have the resources, including 
                facilities, cleared personnel, and necessary training, 
                and authorities to adequately access, analyze, manage, 
                and use intelligence and threat information necessary to 
                defend the physical and cyber security of Congress.
                    (B) The extent to which the Sergeants at Arms and 
                the United States Capitol Police communicate and 
                coordinate threat data with each other and with other 
                local law enforcement entities.
            (3) Form.--The report under paragraph (1) shall be submitted 
        in unclassified form, but may include a classified annex.

    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Rules and 
                Administration, the Committee on the Judiciary, and the 
                Committee on Appropriations of the Senate; and
                    (C) the Committee on Homeland Security, the 
                Committee on House Administration, the Committee on the 
                Judiciary, and the Committee on Appropriations of the 
                House of Representatives.

[[Page 136 STAT. 1038]]

            (2) Congressional leadership.--The term ``congressional 
        leadership'' means--
                    (A) the majority leader of the Senate;
                    (B) the minority leader of the Senate;
                    (C) the Speaker of the House of Representatives; and
                    (D) the minority leader of the House of 
                Representatives.
            (3) Sergeants at arms.--The term ``Sergeants at Arms'' means 
        the Sergeant at Arms and Doorkeeper of the Senate, the Sergeant 
        at Arms of the House of Representatives, and the Chief 
        Administrative Officer of the House of Representatives.

              DIVISION Y <<NOTE: Cyber Incident Reporting 
 for Critical Infrastructure Act of 2022.>> --CYBER INCIDENT REPORTING 
FOR CRITICAL INFRASTRUCTURE ACT OF 2022
SEC. 101. <<NOTE: 6 USC 101 note.>>  SHORT TITLE.

    This division may be cited as the ``Cyber Incident Reporting for 
Critical Infrastructure Act of 2022''.
SEC. 102. <<NOTE: 6 USC 665j note.>>  DEFINITIONS.

    In this division:
            (1) Covered cyber incident; covered entity; cyber incident; 
        information system; ransom payment; ransomware attack; security 
        vulnerability.--The terms ``covered cyber incident'', ``covered 
        entity'', ``cyber incident'', ``information system'', ``ransom 
        payment'', ``ransomware attack'', and ``security vulnerability'' 
        have the meanings given those terms in section 2240 of the 
        Homeland Security Act of 2002, as added by section 103 of this 
        division.
            (2) Director.--The term ``Director'' means the Director of 
        the Cybersecurity and Infrastructure Security Agency.
SEC. 103. CYBER INCIDENT REPORTING.

    (a) Cyber Incident Reporting.--Title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.) is amended--
            (1) in section 2209(c) (6 U.S.C. 659(c))--
                    (A) in paragraph (11), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (12), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) receiving, aggregating, and analyzing reports related 
        to covered cyber incidents (as defined in section 2240) 
        submitted by covered entities (as defined in section 2240) and 
        reports related to ransom payments (as defined in section 2240) 
        submitted by covered entities (as defined in section 2240) in 
        furtherance of the activities specified in sections 2202(e), 
        2203, and 2241, this subsection, and any other authorized 
        activity of the Director, to enhance the situational awareness 
        of cybersecurity threats across critical infrastructure 
        sectors.''; and
            (2) by adding at the end the following:

[[Page 136 STAT. 1039]]

                 ``Subtitle D--Cyber Incident Reporting

``SEC. 2240. <<NOTE: 6 USC 681.>>  DEFINITIONS.

    ``In this subtitle:
            ``(1) Center.--The term `Center' means the center 
        established under section 2209.
            ``(2) Cloud service provider.--The term `cloud service 
        provider' means an entity offering products or services related 
        to cloud computing, as defined by the National Institute of 
        Standards and Technology in NIST Special Publication 800-145 and 
        any amendatory or superseding document relating thereto.
            ``(3) Council.--The term `Council' means the Cyber Incident 
        Reporting Council described in section 2246.
            ``(4) Covered cyber incident.--The term `covered cyber 
        incident' means a substantial cyber incident experienced by a 
        covered entity that satisfies the definition and criteria 
        established by the Director in the final rule issued pursuant to 
        section 2242(b).
            ``(5) Covered entity.--The term `covered entity' means an 
        entity in a critical infrastructure sector, as defined in 
        Presidential Policy Directive 21, that satisfies the definition 
        established by the Director in the final rule issued pursuant to 
        section 2242(b).
            ``(6) Cyber incident.--The term `cyber incident'--
                    ``(A) has the meaning given the term `incident' in 
                section 2209; and
                    ``(B) does not include an occurrence that 
                imminently, but not actually, jeopardizes--
                          ``(i) information on information systems; or
                          ``(ii) information systems.
            ``(7) Cyber threat.--The term `cyber threat' has the meaning 
        given the term `cybersecurity threat' in section 2201.
            ``(8) Cyber threat indicator; cybersecurity purpose; 
        defensive measure; federal entity; security vulnerability.--The 
        terms `cyber threat indicator', `cybersecurity purpose', 
        `defensive measure', `Federal entity', and `security 
        vulnerability' have the meanings given those terms in section 
        102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).
            ``(9) Incident; sharing.--The terms `incident' and `sharing' 
        have the meanings given those terms in section 2209.
            ``(10) Information sharing and analysis organization.--The 
        term `Information Sharing and Analysis Organization' has the 
        meaning given the term in section 2222.
            ``(11) Information system.--The term `information system'--
                    ``(A) has the meaning given the term in section 3502 
                of title 44, United States Code; and
                    ``(B) includes industrial control systems, such as 
                supervisory control and data acquisition systems, 
                distributed control systems, and programmable logic 
                controllers.
            ``(12) Managed service provider.--The term `managed service 
        provider' means an entity that delivers services, such as 
        network, application, infrastructure, or security services, via 
        ongoing and regular support and active administration on

[[Page 136 STAT. 1040]]

        the premises of a customer, in the data center of the entity 
        (such as hosting), or in a third party data center.
            ``(13) Ransom payment.--The term `ransom payment' means the 
        transmission of any money or other property or asset, including 
        virtual currency, or any portion thereof, which has at any time 
        been delivered as ransom in connection with a ransomware attack.
            ``(14) Ransomware attack.--The term `ransomware attack'--
                    ``(A) means an incident that includes the use or 
                threat of use of unauthorized or malicious code on an 
                information system, or the use or threat of use of 
                another digital mechanism such as a denial of service 
                attack, to interrupt or disrupt the operations of an 
                information system or compromise the confidentiality, 
                availability, or integrity of electronic data stored on, 
                processed by, or transiting an information system to 
                extort a demand for a ransom payment; and
                    ``(B) does not include any such event where the 
                demand for payment is--
                          ``(i) not genuine; or
                          ``(ii) made in good faith by an entity in 
                      response to a specific request by the owner or 
                      operator of the information system.
            ``(15) Sector risk management agency.--The term `Sector Risk 
        Management Agency' has the meaning given the term in section 
        2201.
            ``(16) Significant cyber incident.--The term `significant 
        cyber incident' means a cyber incident, or a group of related 
        cyber incidents, that the Secretary determines is likely to 
        result in demonstrable harm to the national security interests, 
        foreign relations, or economy of the United States or to the 
        public confidence, civil liberties, or public health and safety 
        of the people of the United States.
            ``(17) Supply chain compromise.--The term `supply chain 
        compromise' means an incident within the supply chain of an 
        information system that an adversary can leverage or does 
        leverage to jeopardize the confidentiality, integrity, or 
        availability of the information system or the information the 
        system processes, stores, or transmits, and can occur at any 
        point during the life cycle.
            ``(18) Virtual currency.--The term `virtual currency' means 
        the digital representation of value that functions as a medium 
        of exchange, a unit of account, or a store of value.
            ``(19) Virtual currency address.--The term `virtual currency 
        address' means a unique public cryptographic key identifying the 
        location to which a virtual currency payment can be made.
``SEC. 2241. <<NOTE: 6 USC 681a.>>  CYBER INCIDENT REVIEW.

    ``(a) Activities.--The Center shall--
            ``(1) <<NOTE: Analysis. Assessments.>>  receive, aggregate, 
        analyze, and secure, using processes consistent with the 
        processes developed pursuant to the Cybersecurity Information 
        Sharing Act of 2015 (6 U.S.C. 1501 et seq.) reports from covered 
        entities related to a covered cyber incident to assess the 
        effectiveness of security controls, identify tactics, 
        techniques, and procedures adversaries use to overcome

[[Page 136 STAT. 1041]]

        those controls and other cybersecurity purposes, including to 
        assess potential impact of cyber incidents on public health and 
        safety and to enhance situational awareness of cyber threats 
        across critical infrastructure sectors;
            ``(2) <<NOTE: Coordination.>>  coordinate and share 
        information with appropriate Federal departments and agencies to 
        identify and track ransom payments, including those utilizing 
        virtual currencies;
            ``(3) leverage information gathered about cyber incidents 
        to--
                    ``(A) enhance the quality and effectiveness of 
                information sharing and coordination efforts with 
                appropriate entities, including agencies, sector 
                coordinating councils, Information Sharing and Analysis 
                Organizations, State, local, Tribal, and territorial 
                governments, technology providers, critical 
                infrastructure owners and operators, cybersecurity and 
                cyber incident response firms, and security researchers; 
                and
                    ``(B) provide appropriate entities, including sector 
                coordinating councils, Information Sharing and Analysis 
                Organizations, State, local, Tribal, and territorial 
                governments, technology providers, cybersecurity and 
                cyber incident response firms, and security researchers, 
                with timely, actionable, and anonymized reports of cyber 
                incident campaigns and trends, including, to the maximum 
                extent practicable, related contextual information, 
                cyber threat indicators, and defensive measures, 
                pursuant to section 2245;
            ``(4) establish mechanisms to receive feedback from 
        stakeholders on how the Agency can most effectively receive 
        covered cyber incident reports, ransom payment reports, and 
        other voluntarily provided information, and how the Agency can 
        most effectively support private sector cybersecurity;
            ``(5) facilitate the timely sharing, on a voluntary basis, 
        between relevant critical infrastructure owners and operators of 
        information relating to covered cyber incidents and ransom 
        payments, particularly with respect to ongoing cyber threats or 
        security vulnerabilities and identify and disseminate ways to 
        prevent or mitigate similar cyber incidents in the future;
            ``(6) for a covered cyber incident, including a ransomware 
        attack, that also satisfies the definition of a significant 
        cyber incident, or is part of a group of related cyber incidents 
        that together satisfy such definition, conduct a review of the 
        details surrounding the covered cyber incident or group of those 
        incidents and identify and disseminate ways to prevent or 
        mitigate similar incidents in the future;
            ``(7) with respect to covered cyber incident reports under 
        section 2242(a) and 2243 involving an ongoing cyber threat or 
        security vulnerability, immediately review those reports for 
        cyber threat indicators that can be anonymized and disseminated, 
        with defensive measures, to appropriate stakeholders, in 
        coordination with other divisions within the Agency, as 
        appropriate;
            ``(8) <<NOTE: Publication. Time period. Public 
        information. Reports.>>  publish quarterly unclassified, public 
        reports that describe aggregated, anonymized observations, 
        findings, and recommendations based on covered cyber incident 
        reports, which may be based on the unclassified information 
        contained in the briefings required under subsection (c);

[[Page 136 STAT. 1042]]

            ``(9) proactively identify opportunities, consistent with 
        the protections in section 2245, to leverage and utilize data on 
        cyber incidents in a manner that enables and strengthens 
        cybersecurity research carried out by academic institutions and 
        other private sector organizations, to the greatest extent 
        practicable; and
            ``(10) <<NOTE: Deadline.>>  in accordance with section 2245 
        and subsection (b) of this section, as soon as possible but not 
        later than 24 hours after receiving a covered cyber incident 
        report, ransom payment report, voluntarily submitted information 
        pursuant to section 2243, or information received pursuant to a 
        request for information or subpoena under section 2244, make 
        available the information to appropriate Sector Risk Management 
        Agencies and other appropriate Federal agencies.

    ``(b) <<NOTE: President.>>  Interagency Sharing.--The President or a 
designee of the President--
            ``(1) <<NOTE: Requirement.>>  may establish a specific time 
        requirement for sharing information under subsection (a)(10); 
        and
            ``(2) <<NOTE: Determination.>>  shall determine the 
        appropriate Federal agencies under subsection (a)(10).

    ``(c) <<NOTE: Deadline. Consultation.>>  Periodic Briefing.--Not 
later than 60 days after the effective date of the final rule required 
under section 2242(b), and on the first day of each month thereafter, 
the Director, in consultation with the National Cyber Director, the 
Attorney General, and the Director of National Intelligence, shall 
provide to the majority leader of the Senate, the minority leader of the 
Senate, the Speaker of the House of Representatives, the minority leader 
of the House of Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committee on Homeland 
Security of the House of Representatives a briefing that characterizes 
the national cyber threat landscape, including the threat facing Federal 
agencies and covered entities, and applicable intelligence and law 
enforcement information, covered cyber incidents, and ransomware 
attacks, as of the date of the briefing, which shall--
            ``(1) include the total number of reports submitted under 
        sections 2242 and 2243 during the preceding month, including a 
        breakdown of required and voluntary reports;
            ``(2) include any identified trends in covered cyber 
        incidents and ransomware attacks over the course of the 
        preceding month and as compared to previous reports, including 
        any trends related to the information collected in the reports 
        submitted under sections 2242 and 2243, including--
                    ``(A) the infrastructure, tactics, and techniques 
                malicious cyber actors commonly use; and
                    ``(B) intelligence gaps that have impeded, or 
                currently are impeding, the ability to counter covered 
                cyber incidents and ransomware threats;
            ``(3) include a summary of the known uses of the information 
        in reports submitted under sections 2242 and 2243; and
            ``(4) include an unclassified portion, but may include a 
        classified component.
``SEC. 2242. <<NOTE: 6 USC 681b.>>  REQUIRED REPORTING OF CERTAIN 
                          CYBER INCIDENTS.

    ``(a) In General.--
            ``(1) Covered cyber incident reports.--

[[Page 136 STAT. 1043]]

                    ``(A) In general.--A covered entity that experiences 
                a covered cyber incident shall report the covered cyber 
                incident to the Agency not later than 72 hours after the 
                covered entity reasonably believes that the covered 
                cyber incident has occurred.
                    ``(B) Limitation.--The Director may not require 
                reporting under subparagraph (A) any earlier than 72 
                hours after the covered entity reasonably believes that 
                a covered cyber incident has occurred.
            ``(2) Ransom payment reports.--
                    ``(A) In general.--A covered entity that makes a 
                ransom payment as the result of a ransomware attack 
                against the covered entity shall report the payment to 
                the Agency not later than 24 hours after the ransom 
                payment has been made.
                    ``(B) Application.--The requirements under 
                subparagraph (A) shall apply even if the ransomware 
                attack is not a covered cyber incident subject to the 
                reporting requirements under paragraph (1).
            ``(3) <<NOTE: Updates. Notification.>>  Supplemental 
        reports.--A covered entity shall promptly submit to the Agency 
        an update or supplement to a previously submitted covered cyber 
        incident report if substantial new or different information 
        becomes available or if the covered entity makes a ransom 
        payment after submitting a covered cyber incident report 
        required under paragraph (1), until such date that such covered 
        entity notifies the Agency that the covered cyber incident at 
        issue has concluded and has been fully mitigated and resolved.
            ``(4) Preservation of information.--Any covered entity 
        subject to requirements of paragraph (1), (2), or (3) shall 
        preserve data relevant to the covered cyber incident or ransom 
        payment in accordance with procedures established in the final 
        rule issued pursuant to subsection (b).
            ``(5) Exceptions.--
                    ``(A) Reporting of covered cyber incident with 
                ransom payment. <<NOTE: Applicability.>> --If a covered 
                entity is the victim of a covered cyber incident and 
                makes a ransom payment prior to the 72 hour requirement 
                under paragraph (1), such that the reporting 
                requirements under paragraphs (1) and (2) both apply, 
                the covered entity may submit a single report to satisfy 
                the requirements of both paragraphs in accordance with 
                procedures established in the final rule issued pursuant 
                to subsection (b).
                    ``(B) Substantially similar reported information.--
                          ``(i) In general.--Subject to the limitation 
                      described in clause (ii), where the Agency has an 
                      agreement in place that satisfies the requirements 
                      of section 104(a) of the Cyber Incident Reporting 
                      for Critical Infrastructure Act of 2022, the 
                      requirements under paragraphs (1), (2), and (3) 
                      shall not apply to a covered entity required by 
                      law, regulation, or contract to report 
                      substantially similar information to another 
                      Federal agency within a substantially similar 
                      timeframe.
                          ``(ii) Limitation.--The exemption in clause 
                      (i) shall take effect with respect to a covered 
                      entity once an agency agreement and sharing 
                      mechanism is in place between the Agency and the 
                      respective Federal agency,

[[Page 136 STAT. 1044]]

                      pursuant to section 104(a) of the Cyber Incident 
                      Reporting for Critical Infrastructure Act of 2022.
                          ``(iii) Rules of construction.--Nothing in 
                      this paragraph shall be construed to--
                                    ``(I) exempt a covered entity from 
                                the reporting requirements under 
                                paragraph (3) unless the supplemental 
                                report also meets the requirements of 
                                clauses (i) and (ii) of this paragraph;
                                    ``(II) prevent the Agency from 
                                contacting an entity submitting 
                                information to another Federal agency 
                                that is provided to the Agency pursuant 
                                to section 104 of the Cyber Incident 
                                Reporting for Critical Infrastructure 
                                Act of 2022; or
                                    ``(III) prevent an entity from 
                                communicating with the Agency.
                    ``(C) <<NOTE: Determination.>>  Domain name 
                system.--The requirements under paragraphs (1), (2) and 
                (3) shall not apply to a covered entity or the functions 
                of a covered entity that the Director determines 
                constitute critical infrastructure owned, operated, or 
                governed by multi-stakeholder organizations that 
                develop, implement, and enforce policies concerning the 
                Domain Name System, such as the Internet Corporation for 
                Assigned Names and Numbers or the Internet Assigned 
                Numbers Authority.
            ``(6) Manner, timing, and form of reports.--Reports made 
        under paragraphs (1), (2), and (3) shall be made in the manner 
        and form, and within the time period in the case of reports made 
        under paragraph (3), prescribed in the final rule issued 
        pursuant to subsection (b).
            ``(7) Effective date.--Paragraphs (1) through (4) shall take 
        effect on the dates prescribed in the final rule issued pursuant 
        to subsection (b).

    ``(b) <<NOTE: Deadlines.>>  Rulemaking.--
            ``(1) <<NOTE: Consultation. Federal 
        Register, publication.>>  Notice of proposed rulemaking.--Not 
        later than 24 months after the date of enactment of this 
        section, the Director, in consultation with Sector Risk 
        Management Agencies, the Department of Justice, and other 
        Federal agencies, shall publish in the Federal Register a notice 
        of proposed rulemaking to implement subsection (a).
            ``(2) Final rule.--Not later than 18 months after 
        publication of the notice of proposed rulemaking under paragraph 
        (1), the Director shall issue a final rule to implement 
        subsection (a).
            ``(3) Subsequent rulemakings.--
                    ``(A) In general.--The Director is authorized to 
                issue regulations to amend or revise the final rule 
                issued pursuant to paragraph (2).
                    ``(B) <<NOTE: Compliance.>>  Procedures.--Any 
                subsequent rules issued under subparagraph (A) shall 
                comply with the requirements under chapter 5 of title 5, 
                United States Code, including the issuance of a notice 
                of proposed rulemaking under section 553 of such title.

    ``(c) Elements.--The final rule issued pursuant to subsection (b) 
shall be composed of the following elements:
            ``(1) A clear description of the types of entities that 
        constitute covered entities, based on--

[[Page 136 STAT. 1045]]

                    ``(A) the consequences that disruption to or 
                compromise of such an entity could cause to national 
                security, economic security, or public health and 
                safety;
                    ``(B) the likelihood that such an entity may be 
                targeted by a malicious cyber actor, including a foreign 
                country; and
                    ``(C) the extent to which damage, disruption, or 
                unauthorized access to such an entity, including the 
                accessing of sensitive cybersecurity vulnerability 
                information or penetration testing tools or techniques, 
                will likely enable the disruption of the reliable 
                operation of critical infrastructure.
            ``(2) A clear description of the types of substantial cyber 
        incidents that constitute covered cyber incidents, which shall--
                    ``(A) at a minimum, require the occurrence of--
                          ``(i) a cyber incident that leads to 
                      substantial loss of confidentiality, integrity, or 
                      availability of such information system or 
                      network, or a serious impact on the safety and 
                      resiliency of operational systems and processes;
                          ``(ii) a disruption of business or industrial 
                      operations, including due to a denial of service 
                      attack, ransomware attack, or exploitation of a 
                      zero day vulnerability, against
                                    ``(I) an information system or 
                                network; or
                                    ``(II) an operational technology 
                                system or process; or
                          ``(iii) unauthorized access or disruption of 
                      business or industrial operations due to loss of 
                      service facilitated through, or caused by, a 
                      compromise of a cloud service provider, managed 
                      service provider, or other third-party data 
                      hosting provider or by a supply chain compromise;
                    ``(B) consider--
                          ``(i) the sophistication or novelty of the 
                      tactics used to perpetrate such a cyber incident, 
                      as well as the type, volume, and sensitivity of 
                      the data at issue;
                          ``(ii) the number of individuals directly or 
                      indirectly affected or potentially affected by 
                      such a cyber incident; and
                          ``(iii) potential impacts on industrial 
                      control systems, such as supervisory control and 
                      data acquisition systems, distributed control 
                      systems, and programmable logic controllers; and
                    ``(C) exclude--
                          ``(i) any event where the cyber incident is 
                      perpetrated in good faith by an entity in response 
                      to a specific request by the owner or operator of 
                      the information system; and
                          ``(ii) the threat of disruption as extortion, 
                      as described in section 2240(14)(A).
            ``(3) <<NOTE: Requirement. Compliance.>>  A requirement 
        that, if a covered cyber incident or a ransom payment occurs 
        following an exempted threat described in paragraph (2)(C)(ii), 
        the covered entity shall comply with the requirements in this 
        subtitle in reporting the covered cyber incident or ransom 
        payment.

[[Page 136 STAT. 1046]]

            ``(4) A clear description of the specific required contents 
        of a report pursuant to subsection (a)(1), which shall include 
        the following information, to the extent applicable and 
        available, with respect to a covered cyber incident:
                    ``(A) A description of the covered cyber incident, 
                including--
                          ``(i) identification and a description of the 
                      function of the affected information systems, 
                      networks, or devices that were, or are reasonably 
                      believed to have been, affected by such cyber 
                      incident;
                          ``(ii) a description of the unauthorized 
                      access with substantial loss of confidentiality, 
                      integrity, or availability of the affected 
                      information system or network or disruption of 
                      business or industrial operations;
                          ``(iii) the estimated date range of such 
                      incident; and
                          ``(iv) the impact to the operations of the 
                      covered entity.
                    ``(B) Where applicable, a description of the 
                vulnerabilities exploited and the security defenses that 
                were in place, as well as the tactics, techniques, and 
                procedures used to perpetrate the covered cyber 
                incident.
                    ``(C) Where applicable, any identifying or contact 
                information related to each actor reasonably believed to 
                be responsible for such cyber incident.
                    ``(D) Where applicable, identification of the 
                category or categories of information that were, or are 
                reasonably believed to have been, accessed or acquired 
                by an unauthorized person.
                    ``(E) The name and other information that clearly 
                identifies the covered entity impacted by the covered 
                cyber incident, including, as applicable, the State of 
                incorporation or formation of the covered entity, trade 
                names, legal names, or other identifiers.
                    ``(F) Contact information, such as telephone number 
                or electronic mail address, that the Agency may use to 
                contact the covered entity or an authorized agent of 
                such covered entity, or, where applicable, the service 
                provider of such covered entity acting with the express 
                permission of, and at the direction of, the covered 
                entity to assist with compliance with the requirements 
                of this subtitle.
            ``(5) A clear description of the specific required contents 
        of a report pursuant to subsection (a)(2), which shall be the 
        following information, to the extent applicable and available, 
        with respect to a ransom payment:
                    ``(A) A description of the ransomware attack, 
                including the estimated date range of the attack.
                    ``(B) Where applicable, a description of the 
                vulnerabilities, tactics, techniques, and procedures 
                used to perpetrate the ransomware attack.
                    ``(C) Where applicable, any identifying or contact 
                information related to the actor or actors reasonably 
                believed to be responsible for the ransomware attack.
                    ``(D) The name and other information that clearly 
                identifies the covered entity that made the ransom 
                payment or on whose behalf the payment was made.

[[Page 136 STAT. 1047]]

                    ``(E) Contact information, such as telephone number 
                or electronic mail address, that the Agency may use to 
                contact the covered entity that made the ransom payment 
                or an authorized agent of such covered entity, or, where 
                applicable, the service provider of such covered entity 
                acting with the express permission of, and at the 
                direction of, that covered entity to assist with 
                compliance with the requirements of this subtitle.
                    ``(F) The date of the ransom payment.
                    ``(G) The ransom payment demand, including the type 
                of virtual currency or other commodity requested, if 
                applicable.
                    ``(H) The ransom payment instructions, including 
                information regarding where to send the payment, such as 
                the virtual currency address or physical address the 
                funds were requested to be sent to, if applicable.
                    ``(I) The amount of the ransom payment.
            ``(6) A clear description of the types of data required to 
        be preserved pursuant to subsection (a)(4), the period of time 
        for which the data is required to be preserved, and allowable 
        uses, processes, and procedures.
            ``(7) <<NOTE: Criteria.>>  Deadlines and criteria for 
        submitting supplemental reports to the Agency required under 
        subsection (a)(3), which shall--
                    ``(A) <<NOTE: Consultation.>>  be established by the 
                Director in consultation with the Council;
                    ``(B) consider any existing regulatory reporting 
                requirements similar in scope, purpose, and timing to 
                the reporting requirements to which such a covered 
                entity may also be subject, and make efforts to 
                harmonize the timing and contents of any such reports to 
                the maximum extent practicable;
                    ``(C) balance the need for situational awareness 
                with the ability of the covered entity to conduct cyber 
                incident response and investigations; and
                    ``(D) provide a clear description of what 
                constitutes substantial new or different information.
            ``(8) <<NOTE: Procedures.>>  Procedures for--
                    ``(A) entities, including third parties pursuant to 
                subsection (d)(1), to submit reports required by 
                paragraphs (1), (2), and (3) of subsection (a), 
                including the manner and form thereof, which shall 
                include, at a minimum, a concise, user-friendly web-
                based form;
                    ``(B) the Agency to carry out--
                          ``(i) the enforcement provisions of section 
                      2244, including with respect to the issuance, 
                      service, withdrawal, referral process, and 
                      enforcement of subpoenas, appeals and due process 
                      procedures;
                          ``(ii) other available enforcement mechanisms 
                      including acquisition, suspension and debarment 
                      procedures; and
                          ``(iii) other aspects of noncompliance;
                    ``(C) implementing the exceptions provided in 
                subsection (a)(5); and
                    ``(D) protecting privacy and civil liberties 
                consistent with processes adopted pursuant to section 
                105(b) of the Cybersecurity Act of 2015 (6 U.S.C. 
                1504(b)) and

[[Page 136 STAT. 1048]]

                anonymizing and safeguarding, or no longer retaining, 
                information received and disclosed through covered cyber 
                incident reports and ransom payment reports that is 
                known to be personal information of a specific 
                individual or information that identifies a specific 
                individual that is not directly related to a 
                cybersecurity threat.
            ``(9) Other procedural measures directly necessary to 
        implement subsection (a).

    ``(d) Third Party Report Submission and Ransom Payment.--
            ``(1) Report submission.--A covered entity that is required 
        to submit a covered cyber incident report or a ransom payment 
        report may use a third party, such as an incident response 
        company, insurance provider, service provider, Information 
        Sharing and Analysis Organization, or law firm, to submit the 
        required report under subsection (a).
            ``(2) Ransom payment.--If a covered entity impacted by a 
        ransomware attack uses a third party to make a ransom payment, 
        the third party shall not be required to submit a ransom payment 
        report for itself under subsection (a)(2).
            ``(3) Duty to report.--Third-party reporting under this 
        subparagraph does not relieve a covered entity from the duty to 
        comply with the requirements for covered cyber incident report 
        or ransom payment report submission.
            ``(4) Responsibility to advise.--Any third party used by a 
        covered entity that knowingly makes a ransom payment on behalf 
        of a covered entity impacted by a ransomware attack shall advise 
        the impacted covered entity of the responsibilities of the 
        impacted covered entity regarding reporting ransom payments 
        under this section.

    ``(e) Outreach to Covered Entities.--
            ``(1) In general.--The Agency shall conduct an outreach and 
        education campaign to inform likely covered entities, entities 
        that offer or advertise as a service to customers to make or 
        facilitate ransom payments on behalf of covered entities 
        impacted by ransomware attacks and other appropriate entities of 
        the requirements of paragraphs (1), (2), and (3) of subsection 
        (a).
            ``(2) Elements.--The outreach and education campaign under 
        paragraph (1) shall include the following:
                    ``(A) An overview of the final rule issued pursuant 
                to subsection (b).
                    ``(B) An overview of mechanisms to submit to the 
                Agency covered cyber incident reports, ransom payment 
                reports, and information relating to the disclosure, 
                retention, and use of covered cyber incident reports and 
                ransom payment reports under this section.
                    ``(C) An overview of the protections afforded to 
                covered entities for complying with the requirements 
                under paragraphs (1), (2), and (3) of subsection (a).
                    ``(D) An overview of the steps taken under section 
                2244 when a covered entity is not in compliance with the 
                reporting requirements under subsection (a).
                    ``(E) Specific outreach to cybersecurity vendors, 
                cyber incident response providers, cybersecurity 
                insurance entities, and other entities that may support 
                covered entities.
                    ``(F) An overview of the privacy and civil liberties 
                requirements in this subtitle.

[[Page 136 STAT. 1049]]

            ``(3) Coordination.--In conducting the outreach and 
        education campaign required under paragraph (1), the Agency may 
        coordinate with--
                    ``(A) the Critical Infrastructure Partnership 
                Advisory Council established under section 871;
                    ``(B) Information Sharing and Analysis 
                Organizations;
                    ``(C) trade associations;
                    ``(D) information sharing and analysis centers;
                    ``(E) sector coordinating councils; and
                    ``(F) <<NOTE: Determination.>>  any other entity as 
                determined appropriate by the Director.

    ``(f) Exemption.--Sections 3506(c), 3507, 3508, and 3509 of title 
44, United States Code, shall not apply to any action to carry out this 
section.
    ``(g) Rule of Construction.--Nothing in this section shall affect 
the authorities of the Federal Government to implement the requirements 
of Executive Order 14028 (86 Fed. Reg. 26633; relating to improving the 
nation's cybersecurity), including changes to the Federal Acquisition 
Regulations and remedies to include suspension and debarment.
    ``(h) Savings Provision.--Nothing in this section shall be construed 
to supersede or to abrogate, modify, or otherwise limit the authority 
that is vested in any officer or any agency of the United States 
Government to regulate or take action with respect to the cybersecurity 
of an entity.
``SEC. 2243. <<NOTE: 6 USC 681c.>>  VOLUNTARY REPORTING OF OTHER 
                          CYBER INCIDENTS.

    ``(a) In General.--Entities may voluntarily report cyber incidents 
or ransom payments to the Agency that are not required under paragraph 
(1), (2), or (3) of section 2242(a), but may enhance the situational 
awareness of cyber threats.
    ``(b) Voluntary Provision of Additional Information in Required 
Reports.--Covered entities may voluntarily include in reports required 
under paragraph (1), (2), or (3) of section 2242(a) information that is 
not required to be included, but may enhance the situational awareness 
of cyber threats.
    ``(c) Application of Protections.--The protections under section 
2245 applicable to reports made under section 2242 shall apply in the 
same manner and to the same extent to reports and information submitted 
under subsections (a) and (b).
``SEC. 2244. <<NOTE: 6 USC 681d.>>  NONCOMPLIANCE WITH REQUIRED 
                          REPORTING.

    ``(a) <<NOTE: Subpoenas. Determination.>>  Purpose.--In the event 
that a covered entity that is required to submit a report under section 
2242(a) fails to comply with the requirement to report, the Director may 
obtain information about the cyber incident or ransom payment by 
engaging the covered entity directly to request information about the 
cyber incident or ransom payment, and if the Director is unable to 
obtain information through such engagement, by issuing a subpoena to the 
covered entity, pursuant to subsection (c), to gather information 
sufficient to determine whether a covered cyber incident or ransom 
payment has occurred.

    ``(b) Initial Request for Information.--
            ``(1) In general.--If the Director has reason to believe, 
        whether through public reporting or other information in the 
        possession of the Federal Government, including through analysis 
        performed pursuant to paragraph (1) or (2) of section 2241(a), 
        that a covered entity has experienced a covered cyber

[[Page 136 STAT. 1050]]

        incident or made a ransom payment but failed to report such 
        cyber incident or payment to the Agency in accordance with 
        section 2242(a), the Director may request additional information 
        from the covered entity to confirm whether or not a covered 
        cyber incident or ransom payment has occurred.
            ``(2) Treatment.--Information provided to the Agency in 
        response to a request under paragraph (1) shall be treated as if 
        it was submitted through the reporting procedures established in 
        section 2242.

    ``(c) Enforcement.--
            ``(1) <<NOTE: Deadline. Subpoenas. Determination.>>  In 
        general.--If, after the date that is 72 hours from the date on 
        which the Director made the request for information in 
        subsection (b), the Director has received no response from the 
        covered entity from which such information was requested, or 
        received an inadequate response, the Director may issue to such 
        covered entity a subpoena to compel disclosure of information 
        the Director deems necessary to determine whether a covered 
        cyber incident or ransom payment has occurred and obtain the 
        information required to be reported pursuant to section 2242 and 
        any implementing regulations, and assess potential impacts to 
        national security, economic security, or public health and 
        safety.
            ``(2) Civil action.--
                    ``(A) In general.--If a covered entity fails to 
                comply with a subpoena, the Director may refer the 
                matter to the Attorney General to bring a civil action 
                in a district court of the United States to enforce such 
                subpoena.
                    ``(B) Venue.--An action under this paragraph may be 
                brought in the judicial district in which the covered 
                entity against which the action is brought resides, is 
                found, or does business.
                    ``(C) Contempt of court.--A court may punish a 
                failure to comply with a subpoena issued under this 
                subsection as contempt of court.
            ``(3) Non-delegation.--The authority of the Director to 
        issue a subpoena under this subsection may not be delegated.
            ``(4) Authentication.--
                    ``(A) In general.--Any subpoena issued 
                electronically pursuant to this subsection shall be 
                authenticated with a cryptographic digital signature of 
                an authorized representative of the Agency, or other 
                comparable successor technology, that allows the Agency 
                to demonstrate that such subpoena was issued by the 
                Agency and has not been altered or modified since such 
                issuance.
                    ``(B) Invalid if not authenticated.--Any subpoena 
                issued electronically pursuant to this subsection that 
                is not authenticated in accordance with subparagraph (A) 
                shall not be considered to be valid by the recipient of 
                such subpoena.

    ``(d) Provision of Certain Information to Attorney General.--
            ``(1) <<NOTE: Determination.>>  In general.--Notwithstanding 
        section 2245(a)(5) and paragraph (b)(2) of this section, if the 
        Director determines, based on the information provided in 
        response to a subpoena issued pursuant to subsection (c), that 
        the facts relating to the cyber incident or ransom payment at 
        issue may constitute grounds for a regulatory enforcement action 
        or criminal

[[Page 136 STAT. 1051]]

        prosecution, the Director may provide such information to the 
        Attorney General or the head of the appropriate Federal 
        regulatory agency, who may use such information for a regulatory 
        enforcement action or criminal prosecution.
            ``(2) Consultation.--The Director may consult with the 
        Attorney General or the head of the appropriate Federal 
        regulatory agency when making the determination under paragraph 
        (1).

    ``(e) <<NOTE: Determination.>>  Considerations.--When determining 
whether to exercise the authorities provided under this section, the 
Director shall take into consideration--
            ``(1) the complexity in determining if a covered cyber 
        incident has occurred; and
            ``(2) prior interaction with the Agency or awareness of the 
        covered entity of the policies and procedures of the Agency for 
        reporting covered cyber incidents and ransom payments.

    ``(f) Exclusions.--This section shall not apply to a State, local, 
Tribal, or territorial government entity.
    ``(g) Report to Congress.--The Director shall submit to Congress an 
annual report on the number of times the Director--
            ``(1) issued an initial request for information pursuant to 
        subsection (b);
            ``(2) issued a subpoena pursuant to subsection (c); or
            ``(3) referred a matter to the Attorney General for a civil 
        action pursuant to subsection (c)(2).

    ``(h) <<NOTE: Web posting.>>  Publication of the Annual Report.--The 
Director shall publish a version of the annual report required under 
subsection (g) on the website of the Agency, which shall include, at a 
minimum, the number of times the Director--
            ``(1) issued an initial request for information pursuant to 
        subsection (b); or
            ``(2) issued a subpoena pursuant to subsection (c).

    ``(i) Anonymization of Reports.--The Director shall ensure any 
victim information contained in a report required to be published under 
subsection (h) be anonymized before the report is published.
``SEC. 2245. <<NOTE: 6 USC 681e.>>  INFORMATION SHARED WITH OR 
                          PROVIDED TO THE FEDERAL GOVERNMENT.

    ``(a) Disclosure, Retention, and Use.--
            ``(1) Authorized activities.--Information provided to the 
        Agency pursuant to section 2242 or 2243 may be disclosed to, 
        retained by, and used by, consistent with otherwise applicable 
        provisions of Federal law, any Federal agency or department, 
        component, officer, employee, or agent of the Federal Government 
        solely for--
                    ``(A) a cybersecurity purpose;
                    ``(B) the purpose of identifying--
                          ``(i) a cyber threat, including the source of 
                      the cyber threat; or
                          ``(ii) a security vulnerability;
                    ``(C) the purpose of responding to, or otherwise 
                preventing or mitigating, a specific threat of death, a 
                specific threat of serious bodily harm, or a specific 
                threat of serious economic harm, including a terrorist 
                act or use of a weapon of mass destruction;

[[Page 136 STAT. 1052]]

                    ``(D) the purpose of responding to, investigating, 
                prosecuting, or otherwise preventing or mitigating, a 
                serious threat to a minor, including sexual exploitation 
                and threats to physical safety; or
                    ``(E) the purpose of preventing, investigating, 
                disrupting, or prosecuting an offense arising out of a 
                cyber incident reported pursuant to section 2242 or 2243 
                or any of the offenses listed in section 105(d)(5)(A)(v) 
                of the Cybersecurity Act of 2015 (6 U.S.C. 
                1504(d)(5)(A)(v)).
            ``(2) Agency actions after receipt.--
                    ``(A) <<NOTE: Review. Determination.>>  Rapid, 
                confidential sharing of cyber threat indicators.--Upon 
                receiving a covered cyber incident or ransom payment 
                report submitted pursuant to this section, the Agency 
                shall immediately review the report to determine whether 
                the cyber incident that is the subject of the report is 
                connected to an ongoing cyber threat or security 
                vulnerability and where applicable, use such report to 
                identify, develop, and rapidly disseminate to 
                appropriate stakeholders actionable, anonymized cyber 
                threat indicators and defensive measures.
                    ``(B) Principles for sharing security 
                vulnerabilities.--With respect to information in a 
                covered cyber incident or ransom payment report 
                regarding a security vulnerability referred to in 
                paragraph (1)(B)(ii), the Director shall develop 
                principles that govern the timing and manner in which 
                information relating to security vulnerabilities may be 
                shared, consistent with common industry best practices 
                and United States and international standards.
            ``(3) Privacy and civil liberties.--Information contained in 
        covered cyber incident and ransom payment reports submitted to 
        the Agency pursuant to section 2242 shall be retained, used, and 
        disseminated, where permissible and appropriate, by the Federal 
        Government in accordance with processes to be developed for the 
        protection of personal information consistent with processes 
        adopted pursuant to section 105 of the Cybersecurity Act of 2015 
        (6 U.S.C. 1504) and in a manner that protects personal 
        information from unauthorized use or unauthorized disclosure.
            ``(4) Digital security.--The Agency shall ensure that 
        reports submitted to the Agency pursuant to section 2242, and 
        any information contained in those reports, are collected, 
        stored, and protected at a minimum in accordance with the 
        requirements for moderate impact Federal information systems, as 
        described in Federal Information Processing Standards 
        Publication 199, or any successor document.
            ``(5) Prohibition on use of information in regulatory 
        actions.--
                    ``(A) In general.--A Federal, State, local, or 
                Tribal government shall not use information about a 
                covered cyber incident or ransom payment obtained solely 
                through reporting directly to the Agency in accordance 
                with this subtitle to regulate, including through an 
                enforcement action, the activities of the covered entity 
                or entity that made a ransom payment, unless the 
                government entity expressly allows entities to submit 
                reports to the Agency to meet regulatory reporting 
                obligations of the entity.

[[Page 136 STAT. 1053]]

                    ``(B) Clarification.--A report submitted to the 
                Agency pursuant to section 2242 or 2243 may, consistent 
                with Federal or State regulatory authority specifically 
                relating to the prevention and mitigation of 
                cybersecurity threats to information systems, inform the 
                development or implementation of regulations relating to 
                such systems.

    ``(b) Protections for Reporting Entities and Information.--Reports 
describing covered cyber incidents or ransom payments submitted to the 
Agency by entities in accordance with section 2242, as well as 
voluntarily-submitted cyber incident reports submitted to the Agency 
pursuant to section 2243, shall--
            ``(1) be considered the commercial, financial, and 
        proprietary information of the covered entity when so designated 
        by the covered entity;
            ``(2) be exempt from disclosure under section 552(b)(3) of 
        title 5, United States Code (commonly known as the `Freedom of 
        Information Act'), as well as any provision of State, Tribal, or 
        local freedom of information law, open government law, open 
        meetings law, open records law, sunshine law, or similar law 
        requiring disclosure of information or records;
            ``(3) be considered not to constitute a waiver of any 
        applicable privilege or protection provided by law, including 
        trade secret protection; and
            ``(4) not be subject to a rule of any Federal agency or 
        department or any judicial doctrine regarding ex parte 
        communications with a decision-making official.

    ``(c) Liability Protections.--
            ``(1) In general.--No cause of action shall lie or be 
        maintained in any court by any person or entity and any such 
        action shall be promptly dismissed for the submission of a 
        report pursuant to section 2242(a) that is submitted in 
        conformance with this subtitle and the rule promulgated under 
        section 2242(b), except that this subsection shall not apply 
        with regard to an action by the Federal Government pursuant to 
        section 2244(c)(2).
            ``(2) <<NOTE: Applicability.>>  Scope.--The liability 
        protections provided in this subsection shall only apply to or 
        affect litigation that is solely based on the submission of a 
        covered cyber incident report or ransom payment report to the 
        Agency.
            ``(3) Restrictions.--Notwithstanding paragraph (2), no 
        report submitted to the Agency pursuant to this subtitle or any 
        communication, document, material, or other record, created for 
        the sole purpose of preparing, drafting, or submitting such 
        report, may be received in evidence, subject to discovery, or 
        otherwise used in any trial, hearing, or other proceeding in or 
        before any court, regulatory body, or other authority of the 
        United States, a State, or a political subdivision thereof, 
        provided that nothing in this subtitle shall create a defense to 
        discovery or otherwise affect the discovery of any 
        communication, document, material, or other record not created 
        for the sole purpose of preparing, drafting, or submitting such 
        report.

    ``(d) Sharing With Non-Federal Entities.--The Agency shall anonymize 
the victim who reported the information when making information provided 
in reports received under section 2242 available to critical 
infrastructure owners and operators and the general public.

[[Page 136 STAT. 1054]]

    ``(e) Stored Communications Act.--Nothing in this subtitle shall be 
construed to permit or require disclosure by a provider of a remote 
computing service or a provider of an electronic communication service 
to the public of information not otherwise permitted or required to be 
disclosed under chapter 121 of title 18, United States Code (commonly 
known as the `Stored Communications Act').
``SEC. 2246. <<NOTE: 6 USC 681f.>>  CYBER INCIDENT REPORTING 
                          COUNCIL.

    ``(a) <<NOTE: Consultation. Coordination.>>  Responsibility of the 
Secretary.--The Secretary shall lead an intergovernmental Cyber Incident 
Reporting Council, in consultation with the Director of the Office of 
Management and Budget, the Attorney General, the National Cyber 
Director, Sector Risk Management Agencies, and other appropriate Federal 
agencies, to coordinate, deconflict, and harmonize Federal incident 
reporting requirements, including those issued through regulations.

    ``(b) Rule of Construction.--Nothing in subsection (a) shall be 
construed to provide any additional regulatory authority to any Federal 
entity.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2135) is amended by inserting after the items relating to 
subtitle C of title XXII the following:

                 ``Subtitle D--Cyber Incident Reporting

``Sec. 2240. Definitions.
``Sec. 2241. Cyber Incident Review.
``Sec. 2242. Required reporting of certain cyber incidents.
``Sec. 2243. Voluntary reporting of other cyber incidents.
``Sec. 2244. Noncompliance with required reporting.
``Sec. 2245. Information shared with or provided to the Federal 
           Government.
``Sec. 2246. Cyber Incident Reporting Council.''.

SEC. 104. <<NOTE: 6 USC 681g.>>  FEDERAL SHARING OF INCIDENT 
                        REPORTS.

    (a) Cyber Incident Reporting Sharing.--
            (1) In general.--Notwithstanding any other provision of law 
        or regulation, any Federal agency, including any independent 
        establishment (as defined in section 104 of title 5, United 
        States Code), that receives a report from an entity of a cyber 
        incident, including a ransomware attack, shall provide the 
        report to the Agency as soon as possible, but not later than 24 
        hours after receiving the report, unless a shorter period is 
        required by an agreement made between the Department of Homeland 
        Security (including the Cybersecurity and Infrastructure 
        Security Agency) and the recipient Federal 
        agency. <<NOTE: Coordination.>>  The Director shall share and 
        coordinate each report pursuant to section 2241(b) of the 
        Homeland Security Act of 2002, as added by section 103 of this 
        division.
            (2) Rule of construction.--The requirements described in 
        paragraph (1) and section 2245(d) of the Homeland Security Act 
        of 2002, as added by section 103 of this division, may not be 
        construed to be a violation of any provision of law or policy 
        that would otherwise prohibit disclosure or provision of 
        information within the executive branch.
            (3) <<NOTE: Compliance.>>  Protection of information.--The 
        Director shall comply with any obligations of the recipient 
        Federal agency described in paragraph (1) to protect 
        information, including with respect to privacy, confidentiality, 
        or information security, if those obligations would impose 
        greater protection requirements than this division or the 
        amendments made by this division.

[[Page 136 STAT. 1055]]

            (4) Effective date.--This subsection shall take effect on 
        the effective date of the final rule issued pursuant to section 
        2242(b) of the Homeland Security Act of 2002, as added by 
        section 103 of this division.
            (5) Agency agreements.--
                    (A) In general.--The Agency and any Federal agency, 
                including any independent establishment (as defined in 
                section 104 of title 5, United States Code), that 
                receives incident reports from entities, including due 
                to ransomware attacks, shall, as appropriate, enter into 
                a documented agreement to establish policies, processes, 
                procedures, and mechanisms to ensure reports are shared 
                with the Agency pursuant to paragraph (1).
                    (B) <<NOTE: Public information.>>  Availability.--To 
                the maximum extent practicable, each documented 
                agreement required under subparagraph (A) shall be made 
                publicly available.
                    (C) Requirement.--The documented agreements required 
                by subparagraph (A) shall require reports be shared from 
                Federal agencies with the Agency in such time as to meet 
                the overall timeline for covered entity reporting of 
                covered cyber incidents and ransom payments established 
                in section 2242 of the Homeland Security Act of 2002, as 
                added by section 103 of this division.

    (b) <<NOTE: Consultation.>>  Harmonizing Reporting Requirements.--
The Secretary of Homeland Security, acting through the Director, shall, 
in consultation with the Cyber Incident Reporting Council described in 
section 2246 of the Homeland Security Act of 2002, as added by section 
103 of this division, to the maximum extent practicable--
            (1) <<NOTE: Reviews.>>  periodically review existing 
        regulatory requirements, including the information required in 
        such reports, to report incidents and ensure that any such 
        reporting requirements and procedures avoid conflicting, 
        duplicative, or burdensome requirements; and
            (2) <<NOTE: Coordination.>>  coordinate with appropriate 
        Federal partners and regulatory authorities that receive reports 
        relating to incidents to identify opportunities to streamline 
        reporting processes, and where feasible, facilitate interagency 
        agreements between such authorities to permit the sharing of 
        such reports, consistent with applicable law and policy, without 
        impacting the ability of the Agency to gain timely situational 
        awareness of a covered cyber incident or ransom payment.
SEC. 105. <<NOTE: 6 USC 652 note.>>  RANSOMWARE VULNERABILITY 
                        WARNING PILOT PROGRAM.

    (a) Program. <<NOTE: Deadline. Procedures.>> --Not later than 1 year 
after the date of enactment of this Act, the Director shall establish a 
ransomware vulnerability warning pilot program to leverage existing 
authorities and technology to specifically develop processes and 
procedures for, and to dedicate resources to, identifying information 
systems that contain security vulnerabilities associated with common 
ransomware attacks, and to notify the owners of those vulnerable systems 
of their security vulnerability.

    (b) Identification of Vulnerable Systems.--The pilot program 
established under subsection (a) shall--
            (1) identify the most common security vulnerabilities 
        utilized in ransomware attacks and mitigation techniques; and

[[Page 136 STAT. 1056]]

            (2) utilize existing authorities to identify information 
        systems that contain the security vulnerabilities identified in 
        paragraph (1).

    (c) Entity Notification.--
            (1) Identification.--If the Director is able to identify the 
        entity at risk that owns or operates a vulnerable information 
        system identified in subsection (b), the Director may notify the 
        owner of the information system.
            (2) <<NOTE: Subpoenas.>>  No identification.--If the 
        Director is not able to identify the entity at risk that owns or 
        operates a vulnerable information system identified in 
        subsection (b), the Director may utilize the subpoena authority 
        pursuant to section 2209 of the Homeland Security Act of 2002 (6 
        U.S.C. 659) to identify and notify the entity at risk pursuant 
        to the procedures under that section.
            (3) Required information.--A notification made under 
        paragraph (1) shall include information on the identified 
        security vulnerability and mitigation techniques.

    (d) Prioritization of Notifications.--To the extent practicable, the 
Director shall prioritize covered entities for identification and 
notification activities under the pilot program established under this 
section.
    (e) Limitation on Procedures.--No procedure, notification, or other 
authorities utilized in the execution of the pilot program established 
under subsection (a) shall require an owner or operator of a vulnerable 
information system to take any action as a result of a notice of a 
security vulnerability made pursuant to subsection (c).
    (f) Rule of Construction.--Nothing in this section shall be 
construed to provide additional authorities to the Director to identify 
vulnerabilities or vulnerable systems.
    (g) Termination.--The pilot program established under subsection (a) 
shall terminate on the date that is 4 years after the date of enactment 
of this Act.
SEC. 106. <<NOTE: 6 USC 665j.>>  RANSOMWARE THREAT MITIGATION 
                        ACTIVITIES.

    (a) Joint Ransomware Task Force.--
            
        (1) <<NOTE: Deadline. Consultation. Establishment. Coordination.>> 
         In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director, in consultation with the 
        National Cyber Director, the Attorney General, and the Director 
        of the Federal Bureau of Investigation, shall establish and 
        chair the Joint Ransomware Task Force to coordinate an ongoing 
        nationwide campaign against ransomware attacks, and identify and 
        pursue opportunities for international cooperation.
            (2) <<NOTE: Determination. Consultation.>>  Composition.--
        The Joint Ransomware Task Force shall consist of participants 
        from Federal agencies, as determined appropriate by the National 
        Cyber Director in consultation with the Secretary of Homeland 
        Security.
            (3) <<NOTE: Coordination.>>  Responsibilities.--The Joint 
        Ransomware Task Force, utilizing only existing authorities of 
        each participating Federal agency, shall coordinate across the 
        Federal Government the following activities:
                    (A) Prioritization of intelligence-driven operations 
                to disrupt specific ransomware actors.

[[Page 136 STAT. 1057]]

                    (B) <<NOTE: Consultation.>>  Consult with relevant 
                private sector, State, local, Tribal, and territorial 
                governments and international stakeholders to identify 
                needs and establish mechanisms for providing input into 
                the Joint Ransomware Task Force.
                    (C) <<NOTE: Consultation.>>  Identifying, in 
                consultation with relevant entities, a list of highest 
                threat ransomware entities updated on an ongoing basis, 
                in order to facilitate--
                          (i) prioritization for Federal action by 
                      appropriate Federal agencies; and
                          (ii) identify metrics for success of said 
                      actions.
                    (D) Disrupting ransomware criminal actors, 
                associated infrastructure, and their finances.
                    (E) <<NOTE: Coordination.>>  Facilitating 
                coordination and collaboration between Federal entities 
                and relevant entities, including the private sector, to 
                improve Federal actions against ransomware threats.
                    (F) <<NOTE: Analysis.>>  Collection, sharing, and 
                analysis of ransomware trends to inform Federal actions.
                    (G) <<NOTE: Reports.>>  Creation of after-action 
                reports and other lessons learned from Federal actions 
                that identify successes and failures to improve 
                subsequent actions.
                    (H) <<NOTE: Determination.>>  Any other activities 
                determined appropriate by the Joint Ransomware Task 
                Force to mitigate the threat of ransomware attacks.

    (b) Rule of Construction.--Nothing in this section shall be 
construed to provide any additional authority to any Federal agency.
SEC. 107. CONGRESSIONAL REPORTING.

    (a) Report on Stakeholder Engagement.--Not later than 30 days after 
the date on which the Director issues the final rule under section 
2242(b) of the Homeland Security Act of 2002, as added by section 103 of 
this division, the Director shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives a report that 
describes how the Director engaged stakeholders in the development of 
the final rule.
    (b) Report on Opportunities to Strengthen Security Research.--Not 
later than 1 year after the date of enactment of this Act, the Director 
shall submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of the 
House of Representatives a report describing how the National 
Cybersecurity and Communications Integration Center established under 
section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) has 
carried out activities under section 2241(a)(9) of the Homeland Security 
Act of 2002, as added by section 103 of this division, by proactively 
identifying opportunities to use cyber incident data to inform and 
enable cybersecurity research within the academic and private sector.
    (c) <<NOTE: Time period. Annex.>>  Report on Ransomware 
Vulnerability Warning Pilot Program.--Not later than 1 year after the 
date of enactment of this Act, and annually thereafter for the duration 
of the pilot program established under section 105, the Director shall 
submit to the Committee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security of the House of 
Representatives a report, which may include a classified annex, on the 
effectiveness of the pilot program, which shall include a discussion of 
the following:

[[Page 136 STAT. 1058]]

            (1) The effectiveness of the notifications under section 
        105(c) in mitigating security vulnerabilities and the threat of 
        ransomware.
            (2) Identification of the most common vulnerabilities 
        utilized in ransomware.
            (3) The number of notifications issued during the preceding 
        year.
            (4) To the extent practicable, the number of vulnerable 
        devices or systems mitigated under the pilot program by the 
        Agency during the preceding year.

    (d) Report on Harmonization of Reporting Regulations.--
            (1) In general.--Not later than 180 days after the date on 
        which the Secretary of Homeland Security convenes the Cyber 
        Incident Reporting Council described in section 2246 of the 
        Homeland Security Act of 2002, as added by section 103 of this 
        division, the Secretary of Homeland Security shall submit to the 
        appropriate congressional committees a report that includes--
                    (A) <<NOTE: List.>>  a list of duplicative Federal 
                cyber incident reporting requirements on covered 
                entities;
                    (B) a description of any challenges in harmonizing 
                the duplicative reporting requirements;
                    (C) any actions the Director intends to take to 
                facilitate harmonizing the duplicative reporting 
                requirements; and
                    (D) <<NOTE: Legislative proposals.>>  any proposed 
                legislative changes necessary to address the duplicative 
                reporting.
            (2) Rule of construction.--Nothing in paragraph (1) shall be 
        construed to provide any additional regulatory authority to any 
        Federal agency.

    (e) GAO Reports.--
            (1) Implementation of this division.--Not later than 2 years 
        after the date of enactment of this Act, the Comptroller General 
        of the United States shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives a 
        report on the implementation of this division and the amendments 
        made by this division.
            (2) <<NOTE: Evaluations.>>  Exemptions to reporting.--Not 
        later than 1 year after the date on which the Director issues 
        the final rule required under section 2242(b) of the Homeland 
        Security Act of 2002, as added by section 103 of this division, 
        the Comptroller General of the United States shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a report on the exemptions to reporting under 
        paragraphs (2) and (5) of section 2242(a) of the Homeland 
        Security Act of 2002, as added by section 103 of this division, 
        which shall include--
                    (A) to the extent practicable, an evaluation of the 
                quantity of cyber incidents not reported to the Federal 
                Government;
                    (B) an evaluation of the impact on impacted 
                entities, homeland security, and the national economy 
                due to cyber incidents, ransomware attacks, and ransom 
                payments, including a discussion on the scope of impact 
                of cyber incidents that were not reported to the Federal 
                Government;

[[Page 136 STAT. 1059]]

                    (C) an evaluation of the burden, financial and 
                otherwise, on entities required to report cyber 
                incidents under this division, including an analysis of 
                entities that meet the definition of a small business 
                concern under section 3 of the Small Business Act (15 
                U.S.C. 632); and
                    (D) a description of the consequences and effects of 
                limiting covered cyber incident and ransom payment 
                reporting to only covered entities.

    (f) Report on Effectiveness of Enforcement Mechanisms.--Not later 
than 1 year after the date on which the Director issues the final rule 
required under section 2242(b) of the Homeland Security Act of 2002, as 
added by section 103 of this division, the Director shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives a 
report on the effectiveness of the enforcement mechanisms within section 
2244 of the Homeland Security Act of 2002, as added by section 103 of 
this division.

   DIVISION Z <<NOTE: Israel Relations Normalization Act of 2022.>> --
ISRAEL RELATIONS NORMALIZATION ACT OF 2022
SEC. 101. <<NOTE: 22 USC 8601 note.>>  SHORT TITLE.

    This division may be cited as the ``Israel Relations Normalization 
Act of 2022''.
SEC. 102. FINDINGS.

    Congress makes the following findings:
            (1) Support for peace between Israel and its neighbors has 
        longstanding bipartisan support in Congress.
            (2) For decades, Congress has promoted Israel's acceptance 
        among Arab and other relevant countries and regions by passing 
        numerous laws opposing efforts to boycott, isolate, and 
        stigmatize America's ally, Israel.
            (3) The recent peace and normalization agreements between 
        Israel and several Arab states--the United Arab Emirates, 
        Bahrain, Sudan, and Morocco--have the potential to fundamentally 
        transform the security, diplomatic, and economic environment in 
        the Middle East and North Africa and advance vital United States 
        national security interests.
            (4) These historic agreements could help advance peace 
        between and among Israel, the Arab states, and other relevant 
        countries and regions, further diplomatic openings, and enhance 
        efforts towards a negotiated solution to the Israeli-Palestinian 
        conflict resulting in two states--a democratic Jewish state of 
        Israel and a viable, democratic Palestinian state--living side 
        by side in peace, security, and mutual recognition.
            (5) These agreements build upon the decades-long leadership 
        of the United States Government in helping Israel broker peace 
        treaties with Egypt and Jordan and promoting peace talks between 
        Israel and Syria, Lebanon, and the Palestinians.
            (6) These agreements also build on decades of private 
        diplomatic and security engagement between Israel and countries 
        in the region.

[[Page 136 STAT. 1060]]

            (7) These normalization and peace agreements could begin to 
        transform the region by spurring economic growth, investment, 
        and tourism, enhancing technological innovation, promoting 
        security cooperation, bolstering water security and sustainable 
        development, advancing understanding, and forging closer people-
        to-people relations.
SEC. 103. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this division, the term ``appropriate congressional committees'' 
means the Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs of the House of Representatives.
SEC. 104. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to expand and strengthen the Abraham Accords to 
        encourage other nations to normalize relations with Israel and 
        ensure that existing agreements reap tangible security and 
        economic benefits for the citizens of those countries;
            (2) to develop and implement a regional strategy to 
        encourage economic cooperation between and among Israel, Arab 
        states, and the Palestinians to enhance the prospects for peace, 
        respect for human rights, transparent governance, and for 
        cooperation to address water scarcity, climate solutions, health 
        care, sustainable development, and other areas that result in 
        benefits for residents of those countries and regions;
            (3) to develop and implement a regional security strategy 
        that recognizes the shared threat posed by Iran and violent 
        extremist organizations, ensures sufficient United States 
        deterrence in the region, builds partner capacity to address 
        shared threats, and explores multilateral security arrangements 
        built around like-minded partners;
            (4) to support and encourage government-to-government and 
        grassroots initiatives aimed at normalizing ties with the state 
        of Israel and promoting people-to-people contact between 
        Israelis, Arabs, and residents of other relevant countries and 
        regions, including by expanding and enhancing the Abraham 
        Accords;
            (5) to support a negotiated solution to the Israeli-
        Palestinian conflict resulting in two states living side by side 
        in peace, security, and mutual recognition;
            (6) to implement the Nita M. Lowey Middle East Partnership 
        for Peace Act (title VIII of division K of Public Law 116-260), 
        which will support economic development and peacebuilding 
        efforts among Israelis and Palestinians, in a manner which 
        encourages regional allies to become international donors to 
        these efforts;
            (7) to oppose efforts to delegitimize the state of Israel 
        and legal barriers to normalization with Israel; and
            (8) to work to combat anti-Semitism and support 
        normalization with Israel, including by countering anti-Semitic 
        narratives on social media and state media and pressing for 
        curricula reform in education.

[[Page 136 STAT. 1061]]

SEC. 105. UNITED STATES STRATEGY TO STRENGTHEN AND EXPAND THE 
                        ABRAHAM ACCORDS AND OTHER RELATED 
                        NORMALIZATION AGREEMENTS WITH ISRAEL.

    (a) <<NOTE: Deadline. Time period. Consultation.>>  In General.--Not 
later than 90 days after the date of the enactment of this Act, and 
annually thereafter, the Secretary of State, in consultation with the 
Administrator of the United States Agency for International Development 
and the heads of other appropriate Federal departments and agencies, 
shall develop and submit to the appropriate congressional committees a 
strategy on expanding and strengthening the Abraham Accords.

    (b) <<NOTE: Assessments.>>  Elements.--The strategy required under 
subsection (a) shall include the following elements:
            (1) An assessment of future staffing and resourcing 
        requirements of entities within the Department of State, the 
        United States Agency for International Development, and other 
        appropriate Federal departments and agencies with responsibility 
        to coordinate United States efforts to expand and strengthen the 
        Abraham Accords.
            (2) An assessment of opportunities to further promote 
        bilateral and multilateral cooperation between Israel, Arab 
        states, and other relevant countries and in the economic, 
        social, cultural, scientific, technical, educational, and health 
        fields and an assessment of roadblocks to increased cooperation.
            (3) An assessment of bilateral and multilateral security 
        cooperation between Israel, the United States, Arab states, and 
        other relevant countries and regions that have normalized 
        relations with Israel, including an assessment of potential 
        roadblocks to increased security cooperation, interoperability, 
        and information sharing.
            (4) An assessment of the likelihood of additional Arab and 
        other relevant countries and regions to normalize relations with 
        Israel.
            (5) An assessment of opportunities created by normalization 
        agreements with Israel to advance prospects for peace between 
        Israelis and Palestinians
            (6) A detailed description of how the United States 
        Government will leverage diplomatic lines of effort and 
        resources from other stakeholders (including from foreign 
        governments, international donors, and multilateral 
        institutions) to encourage normalization, economic development, 
        and people-to-people programming.
            (7) <<NOTE: Recommenda- tions.>>  Identification of existing 
        investment funds that support Israel-Arab state cooperation and 
        recommendations for how such funds could be used to support 
        normalization and increase prosperity for all relevant 
        stakeholders.
            (8) <<NOTE: Proposal.>>  A proposal for how the United 
        States Government and others can utilize the scholars and Arabic 
        language resources of the United States Holocaust Museum to 
        counter Holocaust denial and anti-Semitism.
            (9) An assessment for creating an Abrahamic Center for 
        Pluralism to prepare educational materials, convene 
        international seminars, promote tolerance and pluralism, and 
        bring together scholars as a means of advancing religious 
        tolerance and countering political and religious extremism.
            (10) <<NOTE: Recommenda- tions.>>  Recommendations to 
        improve Department of State cooperation and coordination, 
        particularly between the Special Envoy to Monitor Anti-Semitism 
        and the Ambassador at Large

[[Page 136 STAT. 1062]]

        for International Religious Freedom, and the Office of 
        International Religious Freedom, to combat racism, xenophobia, 
        Islamophobia, and anti-Semitism, which hinder improvement of 
        relations between Israel, Arab states, and other relevant 
        countries and regions.
            (11) An assessment on the value and feasibility of Federal 
        support for inter-parliamentary exchange programs for Members of 
        Congress, Knesset, and parliamentarians from Arab and other 
        relevant countries and regions, including through existing 
        Federal programs that support such exchanges.

    (c) Form.--The report required under subsection (a) shall be in 
unclassified form but may contain a classified annex.
SEC. 106. <<NOTE: Strengthening Reporting of Actions Taken Against 
                        the Normalization of Relations with Israel 
                        Act of 2022.>>  BREAKING DOWN BARRIERS TO 
                        NORMALIZATION WITH ISRAEL.

    (a) Short Title.--This section may be cited as the ``Strengthening 
Reporting of Actions Taken Against the Normalization of Relations with 
Israel Act of 2022''.
    (b) Findings.--Congress makes the following findings:
            (1) The Arab League, an organization comprising 22 Middle 
        Eastern and African countries and entities, has maintained an 
        official boycott of Israeli companies and Israeli-made goods 
        since the founding of Israel in 1948.
            (2) Longstanding United States policy has encouraged Arab 
        League states to normalize their relations with Israel and has 
        long prioritized funding cooperative programs that promote 
        normalization between Arab League States and Israel, including 
        the Middle East Regional Cooperation program, which promotes 
        Arab-Israeli scientific cooperation.
            (3) While some Arab League governments are signaling 
        enhanced cooperation with the state of Israel on the government-
        to-government level, most continue to persecute their own 
        citizens who establish people-to-people relations with Israelis 
        in nongovernmental fora, through a combination of judicial and 
        extrajudicial retribution.
            (4) Some Arab League states maintain draconian anti-
        normalization laws that punish their citizens for people-to-
        people relations with Israelis, with punishments, including 
        imprisonment, revocation of citizenship, and execution. 
        Extrajudicial punishments by these and other Arab states include 
        summary imprisonment, accusations of ``treason'' in government-
        controlled media, and professional blacklisting.
            (5) Anti-normalization laws, together with the other forms 
        of retribution, effectively condemn these societies to mutual 
        estrangement and, by extension, reduce the possibility of 
        conciliation and compromise.
            (6) Former Israeli President Shimon Peres said in 2008 at 
        the United Nations that Israel agrees with the Arab Peace 
        Initiative that a military solution to the conflict ``will not 
        achieve peace or provide security for the parties''.
            (7) Despite the risk of retaliatory action, a rising tide of 
        Arab civic actors advocate direct engagement with Israeli 
        citizens and residents. These include the Arab Council for 
        Regional Integration, a group of 32 public figures from 15 Arab 
        countries who oppose the boycott of Israel on the grounds that 
        the boycott has denied Arabs the benefits of partnership with 
        Israelis, has blocked Arabs from helping to bridge the

[[Page 136 STAT. 1063]]

        Israeli-Palestinian divide, and inspired divisive intra-Arab 
        boycotts among diverse sects and ethnic groups.
            (8) On February 11, 2020, a delegation of the Arab Council 
        to the French National Assembly in Paris testified to the 
        harmful effects of ``anti-normalization laws'', called on the 
        Assembly to enact a law instructing the relevant French 
        authorities to issue an annual report on instances of Arab 
        government retribution for any of their citizens or residents 
        who call for peace with Israel or engage in direct civil 
        relations with Israeli citizens, and requested democratic 
        legislatures to help defend the region's civil peacemakers.
            (9) On May 11, 2020, 85 leaders in France published an 
        endorsement of the Arab Council's proposal, calling on France 
        and other democratic governments to ``protect Arabs who engage 
        in dialogue with Israeli citizens'' and proposing ``the creation 
        of a study group in the National Assembly as well as in the 
        Senate whose mission would be to ensure a legal and technical 
        monitoring of the obstacles which Arab proponents of dialogue 
        with Israelis face''.
            (10) Arab-Israeli cooperation provides significant symbiotic 
        benefit to the security and economic prosperity of the region.

    (c) Additional Reporting.--
            (1) <<NOTE: Time period.>>  In general.--Not later than 90 
        days after the date of the enactment of this Act, and annually 
        thereafter for 5 years, the Secretary of State shall submit to 
        the appropriate congressional committees a report on the status 
        of efforts to promote normalization of relations with Israel and 
        other countries .
            (2) Elements.--The report required under paragraph (1) shall 
        include the following information:
                    (A) The status of ``anti-normalization laws'' in 
                countries comprising the Arab League, including efforts 
                within each country to sharpen existing laws, enact new 
                or additional ``anti-normalization legislation'', or 
                repeal such laws.
                    (B) Instances of the use of state-owned or state-
                operated media outlets to promote anti-Semitic 
                propaganda, the prosecution of citizens or residents of 
                Arab countries for calling for peace with Israel, 
                visiting the state of Israel, or engaging Israeli 
                citizens in any way.
                    (C) Instances of extrajudicial retribution by Arab 
                governments or government-controlled institutions 
                against citizens or residents of Arab countries for any 
                of the same actions referred to in subparagraph (B).
SEC. 107. SUNSET.

    This division shall cease to be effective on the date that is 5 
years after the date of the enactment of this Act.

     DIVISION AA <<NOTE: Trans-Sahara Counterterrorism Partnership 
   Program Act of 2022.>> --TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP 
PROGRAM
SEC. 101. <<NOTE: 22 USC 2151 note.>>  SHORT TITLE.

    This division may be cited as the Trans-Sahara Counterterrorism 
Partnership Program Act of 2022.

[[Page 136 STAT. 1064]]

SEC. 102. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) terrorist and violent extremist organizations, such as 
        Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State 
        of West Africa, and other affiliated groups, have killed tens of 
        thousands of innocent civilians, displaced populations, 
        destabilized local and national governments, and caused mass 
        human suffering in the affected communities;
            (2) poor governance, political and economic marginalization, 
        and lack of accountability for human rights abuses by security 
        forces are drivers of extremism;
            (3) it is in the national security interest of the United 
        States--
                    (A) to combat the spread of terrorism and violent 
                extremism; and
                    (B) to build the capacity of partner countries to 
                combat such threats in Africa;
            (4) terrorist and violent extremist organizations exploit 
        vulnerable and marginalized communities suffering from poverty, 
        lack of economic opportunity (particularly among youth 
        populations), corruption, and weak governance; and
            (5) a comprehensive, coordinated, interagency approach is 
        needed to develop an effective strategy--
                    (A) to address the security challenges in the Sahel-
                Maghreb;
                    (B) to appropriately allocate resources and de-
                conflict programs; and
                    (C) to maximize the effectiveness of United States 
                defense, diplomatic, and development capabilities.
SEC. 103. STATEMENT OF POLICY.

    It is the policy of the United States to assist countries in North 
Africa and West Africa, and other allies and partners that are active in 
those regions, in combating terrorism and violent extremism through a 
coordinated, interagency approach with a consistent strategy that 
appropriately balances security activities with diplomatic and 
development efforts to address the political, socioeconomic, governance, 
and development challenges in North Africa and West Africa that 
contribute to terrorism and violent extremism.
SEC. 104. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM.

    (a) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Armed Services of the Senate;
            (3) the Committee on Appropriations of the Senate;
            (4) the Select Committee on Intelligence of the Senate;
            (5) the Committee on Foreign Affairs of the House of 
        Representatives;
            (6) the Committee on Armed Services of the House of 
        Representatives;
            (7) the Committee on Appropriations of the House of 
        Representatives; and

[[Page 136 STAT. 1065]]

            (8) the Permanent Select Committee on Intelligence of the 
        House of Representatives.

    (b) <<NOTE: President.>>  In General.--
            (1) Establishment.--The President shall establish a 
        partnership program, which shall be known as the ``Trans-Sahara 
        Counterterrorism Partnership Program'' (referred to in this 
        section as the ``Program''), to coordinate the programs, 
        projects, and activities of the Program in countries in North 
        Africa and West Africa that are conducted--
                    (A) to improve governance and the capacities of 
                countries in North Africa and West Africa to deliver 
                basic services, particularly to at-risk communities, as 
                a means of countering terrorism and violent extremism by 
                enhancing state legitimacy and authority and countering 
                corruption;
                    (B) to address the factors that make people and 
                communities vulnerable to recruitment by terrorist and 
                violent extremist organizations, including economic 
                vulnerability and mistrust of government and government 
                security forces, through activities such as--
                          (i) supporting strategies that increase youth 
                      employment opportunities;
                          (ii) promoting girls' education and women's 
                      political participation;
                          (iii) strengthening local governance and civil 
                      society capacity;
                          (iv) improving government transparency and 
                      accountability;
                          (v) fighting corruption;
                          (vi) improving access to economic 
                      opportunities; and
                          (vii) other development activities necessary 
                      to support community resilience;
                    (C) to strengthen the rule of law in such countries, 
                including by enhancing the capability of the judicial 
                institutions to independently, transparently, and 
                credibly deter, investigate, and prosecute acts of 
                terrorism and violent extremism;
                    (D) to improve the ability of military and law 
                enforcement entities in partner countries--
                          (i) to detect, disrupt, respond to, and 
                      prosecute violent extremist and terrorist 
                      activity, while respecting human rights; and
                          (ii) to cooperate with the United States and 
                      other partner countries on counterterrorism and 
                      counter-extremism efforts;
                    (E) to enhance the border security capacity of 
                partner countries, including the ability to monitor, 
                detain, and interdict terrorists;
                    (F) to identify, monitor, disrupt, and counter the 
                human capital and financing pipelines of terrorism; or
                    (G) to support the free expression and operations of 
                independent, local-language media, particularly in rural 
                areas, while countering the media operations and 
                recruitment propaganda of terrorist and violent 
                extremist organizations.
            (2) Assistance framework.--Program activities shall--

[[Page 136 STAT. 1066]]

                    (A) be carried out in countries in which the 
                President--
                          (i) <<NOTE: Determination.>>  determines that 
                      there is an adequate level of partner country 
                      commitment; and
                          (ii) has considered partner country needs, 
                      absorptive capacity, sustainment capacity, and 
                      efforts of other donors in the sector;
                    (B) have clearly defined outcomes;
                    (C) be closely coordinated among relevant 
                participating departments and agencies;
                    (D) have specific plans with robust indicators to 
                regularly monitor and evaluate outcomes and impact;
                    (E) complement and enhance efforts to promote 
                democratic governance, the rule of law, human rights, 
                and economic growth;
                    (F) in the case of train and equip programs, 
                complement longer-term security sector institution-
                building; and
                    (G) have mechanisms in place to track resources and 
                routinely monitor and evaluate the efficacy of relevant 
                programs.
            (3) <<NOTE: Deadline.>>  Congressional notification.--Not 
        later than 15 days before obligating amounts for an activity 
        conducted pursuant to the Program under paragraph (1), the 
        Secretary of State shall notify the appropriate congressional 
        committees, in accordance with section 634A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2394-1), of--
                    (A) the foreign country and entity, as applicable, 
                whose capabilities are to be enhanced in accordance with 
                the purposes described in paragraph (1);
                    (B) the amount, type, and purpose of support to be 
                provided;
                    (C) the absorptive capacity of the foreign country 
                to effectively implement the assistance to be provided;
                    (D) the extent to which state security forces of the 
                foreign country have been implicated in gross violations 
                of human rights and the risk that obligated funds may be 
                used to perpetrate further abuses;
                    (E) the anticipated implementation timeline for the 
                activity; and
                    (F) the plans to sustain any military or security 
                equipment provided beyond the completion date of such 
                activity, if applicable, and the estimated cost and 
                source of funds to support such sustainment.
            (4) Exception.--The requirement under paragraph (1) does not 
        apply to activities conducted by the Department of Defense 
        pursuant to title 10, United States Code.

    (c) International Coordination.--Efforts carried out under this 
section--
            (1) shall take into account partner country 
        counterterrorism, counter-extremism, and development strategies;
            (2) shall be aligned with such strategies, to the extent 
        practicable; and
            (3) shall be coordinated with counterterrorism and counter-
        extremism activities and programs in the areas of defense, 
        diplomacy, and development carried out by other like-minded 
        donors and international organizations in the relevant country.

    (d) <<NOTE: President.>>  Strategies.--

[[Page 136 STAT. 1067]]

            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the President 
        and other relevant Federal Government agencies, shall submit the 
        strategies described in paragraphs (2) and (3) to the 
        appropriate congressional committees.
            (2) <<NOTE: Plans.>>  Comprehensive, 5-year strategy for the 
        sahel-maghreb.--The President shall develop a comprehensive, 5-
        year strategy for the Sahel-Maghreb, including details related 
        to interagency efforts conducted pursuant to the Program in the 
        areas of security, diplomacy, and development to advance the 
        national security, economic, and humanitarian interests of the 
        United States, including--
                    (A) efforts to ensure coordination with multilateral 
                and bilateral partners, such as the Joint Force of the 
                Group of Five of the Sahel, and with other relevant 
                assistance frameworks;
                    (B) a public diplomacy strategy and actions to 
                ensure that populations in the Sahel-Maghreb are aware 
                of the development activities of the United States 
                Government, especially in countries with a significant 
                United States Government presence or engagement through 
                train and equip programs;
                    (C) activities aimed at supporting democratic 
                institutions and countering violent extremism with 
                measurable goals and transparent benchmarks;
                    (D) plans to help each partner country address 
                humanitarian and development needs and to help prevent, 
                respond to, and mitigate intercommunal violence;
                    (E) a comprehensive plan to support security sector 
                reform in each partner country that includes a detailed 
                section on programs and activities being undertaken by 
                relevant stakeholders and other international actors 
                operating in the sector; and
                    (F) <<NOTE: Mali.>>  a specific strategy for Mali 
                that includes plans for sustained, high-level diplomatic 
                engagement with stakeholders, including countries in 
                Europe and the Middle East with interests in the Sahel-
                Maghreb, regional governments, relevant multilateral 
                organizations, signatory groups of the Agreement for 
                Peace and Reconciliation in Mali, done in Algiers July 
                24, 2014, and civil society actors.
            (3) <<NOTE: Plans.>>  Comprehensive 5-year strategy for 
        program counterterrorism efforts.--The President shall develop a 
        comprehensive 5-year strategy for the Program that includes--
                    (A) a clear statement of the objectives of United 
                States counterterrorism efforts in North Africa and West 
                Africa with respect to the use of assistance to combat 
                terrorism and counter violent extremism, including 
                efforts--
                          (i) to build military and civilian law 
                      enforcement capacity;
                          (ii) to strengthen the rule of law;
                          (iii) to promote responsive and accountable 
                      governance; and
                          (iv) to address the root causes of terrorism 
                      and violent extremism;
                    (B) <<NOTE: Coordination.>>  a plan for coordinating 
                programs through the Program pursuant to subsection 
                (b)(1), including identifying the agency or bureau of 
                the Department of State, as

[[Page 136 STAT. 1068]]

                applicable, that will be responsible for leading and 
                coordinating each such program;
                    (C) <<NOTE: Evaluation. Data.>>  a plan to monitor, 
                evaluate, and share data and learning about the Program 
                in accordance with monitoring and evaluation provisions 
                under sections 3 and 4 of the Foreign Aid Transparency 
                and Accountability Act of 2016 (22 U.S.C. 2394c note and 
                2394c); and
                    (D) <<NOTE: Coordination. Complaince.>>  a plan for 
                ensuring coordination and compliance with related 
                requirements in United States law, including the Global 
                Fragility Act of 2019 (22 U.S.C. 9801 et seq.).
            (4) <<NOTE: Deadline.>>  Consultation.--Not later than 90 
        days after the date of the enactment of this Act, the Secretary 
        of State shall consult with the appropriate congressional 
        committees regarding the progress made towards developing the 
        strategies required under paragraphs (2) and (3).

    (e) Supporting Material in Annual Budget Request.--
            (1) <<NOTE: Time period.>>  In general.--The Secretary of 
        State shall include a description of the requirements, 
        activities, and planned allocation of amounts requested by the 
        Program in the budget materials submitted to Congress in support 
        of the President's annual budget request pursuant to section 
        1105 of title 31, United States Code, for each fiscal year 
        beginning after the date of the enactment of this Act and 
        annually thereafter for the following 5 years.
            (2) Exception.--The requirement under paragraph (1) shall 
        not apply to activities of the Department of Defense conducted 
        pursuant to authorities under title 10, United States Code.

    (f) Monitoring and Evaluation of Programs and 
Activities. <<NOTE: Time periods. Reports.>> --Not later than 1 year 
after the date of the enactment of this Act, and annually thereafter for 
the following 5 years, the President shall submit a report to the 
appropriate congressional committees that describes--
            (1) the progress made in meeting the objectives of the 
        strategies required under paragraphs (2) and (3) of subsection 
        (d), including any lessons learned in carrying out Program 
        activities and any recommendations for improving such programs 
        and activities;
            (2) the efforts taken to coordinate, de-conflict, and 
        streamline Program activities to maximize resource 
        effectiveness;
            (3) the extent to which each partner country has 
        demonstrated the ability to absorb the equipment or training 
        provided in the previous year under the Program, and as 
        applicable, the ability to maintain and appropriately utilize 
        such equipment;
            (4) the extent to which each partner country is investing 
        its own resources to advance the goals described in subsection 
        (b)(1) or is demonstrating a commitment and willingness to 
        cooperate with the United States to advance such goals;
            (5) the actions taken by the government of each partner 
        country receiving assistance under the Program to combat 
        corruption, improve transparency and accountability, and promote 
        other forms of democratic governance;
            (6) the extent to which state security forces in each 
        partner country have been implicated in gross violations of 
        human rights during the reporting period, including how such 
        gross

[[Page 136 STAT. 1069]]

        violations of human rights have been addressed and or will be 
        addressed through Program activities;
            (7) the assistance provided in each of the 3 preceding 
        fiscal years under the Program, broken down by partner country, 
        including the type, statutory authorization, and purpose of 
        assistance provided to the country; and
            (8) any changes or updates to the Comprehensive 5-Year 
        Strategy for the Program required under subsection (d)(3) 
        necessitated by the findings in this annual report.

    (g) Reporting Requirement Related to Audit of Bureau of African 
Affairs Monitoring and Coordination of the Trans-sahara Counterterrorism 
Partnership Program. <<NOTE: Time period. Termination date.>> --Not 
later than 90 days after the date of the enactment of this Act, and 
every 120 days thereafter until the earlier of the date on which all 13 
recommendations in the September 2020 Department of State Office of 
Inspector General audit entitled ``Audit of the Department of State 
Bureau of African Affairs Monitoring and Coordination of the Trans-
Sahara Counterterrorism Partnership Program'' (AUD-MERO-20-42) are 
closed or the date that is 3 years after the date of the enactment of 
this Act, the Secretary of State shall submit a report to the 
appropriate congressional committees that identifies--
            (1) which of the 13 recommendations in AUD-MERO-20-42 have 
        not been closed;
            (2) a description of progress made since the last report 
        toward closing each recommendation identified under paragraph 
        (1);
            (3) <<NOTE: Assessment.>>  additional resources needed, 
        including assessment of staffing capacity, if any, to complete 
        action required to close each recommendation identified under 
        paragraph (1); and
            (4) the anticipated timeline for completion of action 
        required to close each recommendation identified under paragraph 
        (1), including application of all recommendations into all 
        existing security assistance programs managed by the Department 
        of State under the Program.

    (h) <<NOTE: Reports.>>  Program Administration.--Not later than 120 
days after the date of the enactment of this Act, the Secretary of State 
shall submit a report to Congress that describes plans for conducting a 
written review of a representative sample of each of the security 
assistance programs administered by the Bureau of African Affairs that--
            (1) identifies potential waste, fraud, abuse, 
        inefficiencies, or deficiencies; and
            (2) <<NOTE: Analysis.>>  includes an analysis of staff 
        capacity, including human resource needs, available resources, 
        procedural guidance, and monitoring and evaluation processes to 
        ensure that the Bureau of African Affairs is managing programs 
        efficiently and effectively.

    (i) Form.--The strategies required under paragraphs (2) and (3) of 
subsection (d) and the report required under subsection (f) shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 105. RULE OF CONSTRUCTION.

    Nothing in this division may be construed as authorizing the use of 
military force.

[[Page 136 STAT. 1070]]

  DIVISION BB <<NOTE: EB-5 Reform and Integrity Act of 2022.>> --EB-5 
REFORM AND INTEGRITY ACT OF 2022
SEC. 101. <<NOTE: 8 USC 1101 note.>>  SHORT TITLE.

    This division may be cited as the ``EB-5 Reform and Integrity Act of 
2022''.
SEC. 102. EB-5 VISA REFORMS.

    (a) Employment Creation.--Section 203(b)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(5)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``(C), and'' and 
                inserting ``(C) and which is expected to remain invested 
                for not less than 2 years; and''; and
                    (B) in clause (ii)--
                          (i) by striking ``and create'' and inserting 
                      ``by creating''; and
                          (ii) by inserting ``, United States 
                      nationals,'' after ``citizens'';
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Designations and reserved visas.--
                          ``(i) Reserved visas.--
                                    ``(I) In general.--Of the visas made 
                                available under this paragraph in each 
                                fiscal year--
                                            ``(aa) 20 percent shall be 
                                        reserved for qualified 
                                        immigrants who invest in a rural 
                                        area;
                                            ``(bb) 10 percent shall be 
                                        reserved for qualified 
                                        immigrants who invest in an area 
                                        designated by the Secretary of 
                                        Homeland Security under clause 
                                        (ii) as a high unemployment 
                                        area; and
                                            ``(cc) 2 percent shall be 
                                        reserved for qualified 
                                        immigrants who invest in 
                                        infrastructure projects.
                                    ``(II) Unused visas.--
                                            ``(aa) Carryover.--At the 
                                        end of each fiscal year, any 
                                        unused visas reserved for 
                                        qualified immigrants investing 
                                        in each of the categories 
                                        described in items (aa) through 
                                        (cc) of subclause (I) shall 
                                        remain available within the same 
                                        category for the immediately 
                                        succeeding fiscal year.
                                            ``(bb) General 
                                        availability.--Visas described 
                                        in items (aa) through (cc) of 
                                        subclause (I) that are not 
                                        issued by the end of the 
                                        succeeding fiscal year referred 
                                        to in item (aa) shall be made 
                                        available to qualified 
                                        immigrants described under 
                                        subparagraph (A).
                          ``(ii) Designation of high unemployment 
                      area.--
                                    ``(I) In general.--The Secretary of 
                                Homeland Security, or a designee of the 
                                Secretary who is an employee of the 
                                Department of Homeland Security, may 
                                designate, as a high unemployment area, 
                                a census tract, or contiguous census 
                                tracts, in which--

[[Page 136 STAT. 1071]]

                                            ``(aa) the new commercial 
                                        enterprise is principally doing 
                                        business; and
                                            ``(bb) the weighted average 
                                        of the unemployment rate for the 
                                        census tracts, based on the 
                                        labor force employment measure 
                                        for each applicable census tract 
                                        and any adjacent tract included 
                                        under subclause (III), is not 
                                        less than 150 percent of the 
                                        national average unemployment 
                                        rate.
                                    ``(II) Prohibition on designation by 
                                any other official.--A targeted 
                                employment area may not be designated as 
                                a high unemployment area by--
                                            ``(aa) a Federal official 
                                        other than the Secretary of 
                                        Homeland Security or a designee 
                                        of the Secretary; or
                                            ``(bb) any official of a 
                                        State or local government.
                                    ``(III) Inclusion.--In making a 
                                designation under subclause (I), the 
                                Secretary of Homeland Security may 
                                include a census tract directly adjacent 
                                to a census tract or contiguous census 
                                tracts described in that subclause.
                                    ``(IV) Duration.--
                                            ``(aa) In general.--A 
                                        designation under this clause 
                                        shall be in effect for the 2-
                                        year period beginning on--
                                                ``(AA) the date on which 
                                            an application under 
                                            subparagraph (F) is filed; 
                                            or
                                                ``(BB) in the case of an 
                                            alien who is not subject to 
                                            subparagraph (F), at the 
                                            time of investment.
                                            ``(bb) Renewal.--A 
                                        designation under this clause 
                                        may be renewed for 1 or more 
                                        additional 2-year periods if the 
                                        applicable area continues to 
                                        meet the criteria described in 
                                        subclause (I).
                                    ``(V) Additional investment not 
                                required.--An immigrant investor who has 
                                invested the amount of capital required 
                                by subparagraph (C) in a targeted 
                                employment area designated as a high 
                                unemployment area during the period in 
                                which the area is so designated shall 
                                not be required to increase the amount 
                                of investment due to the expiration of 
                                the designation.
                          ``(iii) Infrastructure projects.--
                                    ``(I) <<NOTE: Determination.>>  In 
                                general.--The Secretary of Homeland 
                                Security shall determine whether a 
                                specific capital investment project 
                                meets the definition of `infrastructure 
                                project' set forth in subparagraph 
                                (D)(iv).
                                    ``(II) Prohibition on designation by 
                                any other official.--A determination 
                                under subclause (I) may not be made by--
                                            ``(aa) a Federal official 
                                        other than the Secretary of 
                                        Homeland Security or a designee 
                                        of the Secretary; or

[[Page 136 STAT. 1072]]

                                            ``(bb) any official of a 
                                        State or local government.'';
            (3) in subparagraph (C)--
                    (A) in clause (i), by striking ``$1,000,000'' and 
                all that follows through ``previous sentence'' and 
                inserting ``$1,050,000'';
                    (B) by amending clause (ii) to read as follows:
                          ``(ii) Adjustment for targeted employment 
                      areas and infrastructure projects.--The amount of 
                      capital required under subparagraph (A) for an 
                      investment in a targeted employment area or in an 
                      infrastructure project shall be $800,000.'';
                    (C) by redesignating clause (iii) as clause (iv);
                    (D) by inserting after clause (ii) the following:
                          ``(iii) <<NOTE: Effective date. Time 
                      periods.>>  Automatic adjustment in minimum 
                      investment amount.--
                                    ``(I) In general.--Beginning on 
                                January 1, 2027, and every 5 years 
                                thereafter, the amount in clause (i) 
                                shall automatically adjust for petitions 
                                filed on or after the effective date of 
                                each adjustment, based on the cumulative 
                                annual percentage change in the 
                                unadjusted consumer price index for all 
                                urban consumers (all items; U.S. city 
                                average) reported by the Bureau of Labor 
                                Statistics between January 1, 2022, and 
                                the date of adjustment. The qualifying 
                                investment amounts shall be rounded down 
                                to the nearest 
                                $50,000. <<NOTE: Update. Federal 
                                Register, publication.>>  The Secretary 
                                of Homeland Security shall update such 
                                amounts by publication of a technical 
                                amendment in the Federal Register.
                                    ``(II) Beginning on January 1, 2027, 
                                and every 5 years thereafter, the amount 
                                in clause (ii) shall automatically 
                                adjust for petitions filed on or after 
                                the effective date of each adjustment, 
                                to be equal to 75 percent of the 
                                standard investment amount under 
                                subclause (I).''; and
                    (E) in clause (iv), as redesignated, in the 
                undesignated matter following subclause (II)--
                          (i) by striking ``Attorney General'' and 
                      inserting ``Secretary of Homeland Security''; and
                          (ii) by inserting ``, as adjusted under clause 
                      (iii)'' before the period at the end; and
            (4) by amending subparagraph (D) to read as follows:
                    ``(D) Definitions.--In this paragraph:
                          ``(i) Affiliated job-creating entity.--The 
                      term `affiliated job-creating entity' means any 
                      job-creating entity that is controlled, managed, 
                      or owned by any of the people involved with the 
                      regional center or new commercial enterprise under 
                      section 203(b)(5)(H)(v).
                          ``(ii) Capital.--The term `capital'--
                                    ``(I) means cash and all real, 
                                personal, or mixed tangible assets owned 
                                and controlled by the alien investor, or 
                                held in trust for the benefit of the 
                                alien and to which the alien has 
                                unrestricted access;

[[Page 136 STAT. 1073]]

                                    ``(II) shall be valued at fair 
                                market value in United States dollars, 
                                in accordance with Generally Accepted 
                                Accounting Principles or other standard 
                                accounting practice adopted by the 
                                Securities and Exchange Commission, at 
                                the time it is invested under this 
                                paragraph;
                                    ``(III) does not include--
                                            ``(aa) assets directly or 
                                        indirectly acquired by unlawful 
                                        means, including any cash 
                                        proceeds of indebtedness secured 
                                        by such assets;
                                            ``(bb) capital invested in 
                                        exchange for a note, bond, 
                                        convertible debt, obligation, or 
                                        any other debt arrangement 
                                        between the alien investor and 
                                        the new commercial enterprise;
                                            ``(cc) capital invested with 
                                        a guaranteed rate of return on 
                                        the amount invested by the alien 
                                        investor; or
                                            ``(dd) except as provided in 
                                        subclause (IV), capital invested 
                                        that is subject to any agreement 
                                        between the alien investor and 
                                        the new commercial enterprise 
                                        that provides the investor with 
                                        a contractual right to 
                                        repayment, such as a mandatory 
                                        redemption at a certain time or 
                                        upon the occurrence of a certain 
                                        event, or a put or sell-back 
                                        option held by the alien 
                                        investor, even if such 
                                        contractual right is contingent 
                                        on the success of the new 
                                        commercial enterprise, such as 
                                        having sufficient available cash 
                                        flow; and
                                    ``(IV) includes capital invested 
                                that--
                                            ``(aa) is subject to a buy 
                                        back option that may be 
                                        exercised solely at the 
                                        discretion of the new commercial 
                                        enterprise; and
                                            ``(bb) results in the alien 
                                        investor withdrawing his or her 
                                        petition unless the alien 
                                        investor has fulfilled his or 
                                        her sustainment period and other 
                                        requirements under this 
                                        paragraph.
                          ``(iii) Certifier.--The term `certifier' means 
                      a person in a position of substantive authority 
                      for the management or operations of a regional 
                      center, new commercial enterprise, affiliated job-
                      creating entity, or issuer of securities, such as 
                      a principal executive officer or principal 
                      financial officer, with knowledge of such 
                      entities' policies and procedures related to 
                      compliance with the requirements under this 
                      paragraph.
                          ``(iv) Infrastructure project.--The term 
                      `infrastructure project' means a capital 
                      investment project in a filed or approved business 
                      plan, which is administered by a governmental 
                      entity (such as a Federal, State, or local agency 
                      or authority) that is the job-creating entity 
                      contracting with a regional center or new 
                      commercial enterprise to receive capital 
                      investment under the regional center program 
                      described in subparagraph (E) from alien investors 
                      or the new commercial enterprise as financing for 
                      maintaining, improving, or constructing a public 
                      works project.

[[Page 136 STAT. 1074]]

                          ``(v) Job-creating entity.--The term `job-
                      creating entity' means any organization formed in 
                      the United States for the ongoing conduct of 
                      lawful business, including sole proprietorship, 
                      partnership (whether limited or general), 
                      corporation, limited liability company, business 
                      trust, or other entity, which may be publicly or 
                      privately owned, including an entity consisting of 
                      a holding company and its wholly owned 
                      subsidiaries or affiliates (provided that each 
                      subsidiary or affiliate is engaged in an activity 
                      formed for the ongoing conduct of a lawful 
                      business) that receives, or is established to 
                      receive, capital investment from alien investors 
                      or a new commercial enterprise under the regional 
                      center program described in this subparagraph and 
                      which is responsible for creating jobs to satisfy 
                      the requirement under subparagraph (A)(ii).
                          ``(vi) New commercial enterprise.--The term 
                      `new commercial enterprise' means any for-profit 
                      organization formed in the United States for the 
                      ongoing conduct of lawful business, including sole 
                      proprietorship, partnership (whether limited or 
                      general), holding company and its wholly owned 
                      subsidiaries (provided that each subsidiary is 
                      engaged in a for-profit activity formed for the 
                      ongoing conduct of a lawful business), joint 
                      venture, corporation, business trust, limited 
                      liability company, or other entity (which may be 
                      publicly or privately owned) that receives, or is 
                      established to receive, capital investment from 
                      investors under this paragraph.
                          ``(vii) Rural area.--The term `rural area' 
                      means any area other than an area within a 
                      metropolitan statistical area (as designated by 
                      the Director of the Office of Management and 
                      Budget) or within the outer boundary of any city 
                      or town having a population of 20,000 or more 
                      (based on the most recent decennial census of the 
                      United States).
                          ``(viii) Targeted employment area.--The term 
                      `targeted employment area' means, at the time of 
                      investment, a rural area or an area designated by 
                      the Secretary of Homeland Security under 
                      subparagraph (B)(ii) as a high unemployment 
                      area.''.

    (b) Age Determination for Children of Alien Investors.--Section 
203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is 
amended by adding at the end the following:
            ``(5) Age determination for children of alien investors.--An 
        alien who has reached 21 years of age and has been admitted 
        under subsection (d) as a lawful permanent resident on a 
        conditional basis as the child of an alien lawfully admitted for 
        permanent residence under subsection (b)(5), whose lawful 
        permanent resident status on a conditional basis is terminated 
        under section 216A or subsection (b)(5)(M), shall continue to be 
        considered a child of the principal alien for the purpose of a 
        subsequent immigrant petition by such alien under subsection 
        (b)(5) if the alien remains unmarried and the subsequent 
        petition is filed by the principal alien not later than 1 year 
        after the termination of conditional lawful permanent resident 
        status. No alien shall be considered a child under

[[Page 136 STAT. 1075]]

        this paragraph with respect to more than 1 petition filed after 
        the alien reaches 21 years of age.''.

    (c) <<NOTE: 8 USC 1153 note.>>  Enhanced Pay Scale for Certain 
Federal Employees Administering the Employment Creation Program.--The 
Secretary of Homeland Security may establish, fix the compensation of, 
and appoint individuals to designated critical, technical, and 
professional positions needed to administer sections 203(b)(5) and 216A 
of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).

    (d) Concurrent Filing of EB-5 Petitions and Applications for 
Adjustment of Status.--Section 245 of the Immigration and Nationality 
Act (8 U.S.C. 1255) is amended--
            (1) in subsection (k), in the matter preceding paragraph 
        (1), by striking ``or (3)'' and inserting ``(3), or (5)''; and
            (2) by adding at the end the following:

    ``(n) If the approval of a petition for classification under section 
203(b)(5) would make a visa immediately available to the alien 
beneficiary, the alien beneficiary's application for adjustment of 
status under this section shall be considered to be properly filed 
whether the application is submitted concurrently with, or subsequent 
to, the visa petition.''.
    (e) <<NOTE: 8 USC 1153 note.>>  Effective Date.--The amendments made 
by this section shall take effect on the date of the enactment of this 
Act.
SEC. 103. REAUTHORIZATION AND REFORM OF THE REGIONAL CENTER 
                        PROGRAM.

    (a) Repeal.--Section 610 of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1993 
(8 U.S.C. 1153 note) is repealed.
    (b) Authorization.--
            (1) In general.--Section 203(b)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)(5)) is amended by adding at 
        the end the following:
                    ``(E) Regional center program.--
                          ``(i) In general.--Visas under this 
                      subparagraph shall be made available through 
                      September 30, 2027, to qualified immigrants (and 
                      the eligible spouses and children of such 
                      immigrants) pooling their investments with 1 or 
                      more qualified immigrants participating in a 
                      program implementing this paragraph that involves 
                      a regional center in the United States, which has 
                      been designated by the Secretary of Homeland 
                      Security on the basis of a proposal for the 
                      promotion of economic growth, including 
                      prospective job creation and increased domestic 
                      capital investment.
                          ``(ii) Processing.--In processing petitions 
                      under section 204(a)(1)(H) for classification 
                      under this paragraph, the Secretary of Homeland 
                      Security--
                                    ``(I) shall prioritize the 
                                processing and adjudication of petitions 
                                for rural areas;
                                    ``(II) may process petitions in a 
                                manner and order established by the 
                                Secretary; and
                                    ``(III) shall deem such petitions to 
                                include records previously filed with 
                                the Secretary pursuant to subparagraph 
                                (F) if the alien petitioner certifies 
                                that such records are incorporated by 
                                reference into the alien's petition.

[[Page 136 STAT. 1076]]

                          ``(iii) Establishment of a regional center.--A 
                      regional center shall operate within a defined, 
                      contiguous, and limited geographic area, which 
                      shall be described in the proposal and be 
                      consistent with the purpose of concentrating 
                      pooled investment within such area. The proposal 
                      to establish a regional center shall demonstrate 
                      that the pooled investment will have a substantive 
                      economic impact on such geographic area, and shall 
                      include--
                                    ``(I) reasonable predictions, 
                                supported by economically and 
                                statistically valid and transparent 
                                forecasting tools, concerning the amount 
                                of investment that will be pooled, the 
                                kinds of commercial enterprises that 
                                will receive such investments, details 
                                of the jobs that will be created 
                                directly or indirectly as a result of 
                                such investments, and other positive 
                                economic effects such investments will 
                                have;
                                    ``(II) a description of the policies 
                                and procedures in place reasonably 
                                designed to monitor new commercial 
                                enterprises and any associated job-
                                creating entity to seek to ensure 
                                compliance with--
                                            ``(aa) all applicable laws, 
                                        regulations, and Executive 
                                        orders of the United States, 
                                        including immigration laws, 
                                        criminal laws, and securities 
                                        laws; and
                                            ``(bb) all securities laws 
                                        of each State in which 
                                        securities offerings will be 
                                        conducted, investment advice 
                                        will be rendered, or the 
                                        offerors or offerees reside;
                                    ``(III) attestations and information 
                                confirming that all persons involved 
                                with the regional center meet the 
                                requirements under clauses (i) and (ii) 
                                of subparagraph (H);
                                    ``(IV) a description of the policies 
                                and procedures in place that are 
                                reasonably designed to ensure program 
                                compliance; and
                                    ``(V) the identities of all natural 
                                persons involved in the regional center, 
                                as described in subparagraph (H)(v).
                          ``(iv) Indirect job creation.--
                                    ``(I) In general.--The Secretary of 
                                Homeland Security shall permit aliens 
                                seeking admission under this 
                                subparagraph to satisfy only up to 90 
                                percent of the requirement under 
                                subparagraph (A)(ii) with jobs that are 
                                estimated to be created indirectly 
                                through investment under this paragraph 
                                in accordance with this subparagraph. An 
                                employee of the new commercial 
                                enterprise or job-creating entity may be 
                                considered to hold a job that has been 
                                directly created.
                                    ``(II) Construction activity lasting 
                                less than 2 years.--If the jobs 
                                estimated to be created are created by 
                                construction activity lasting less than 
                                2 years, the Secretary shall permit 
                                aliens seeking admission under this 
                                subparagraph to satisfy only up to 75 
                                percent of the requirement under

[[Page 136 STAT. 1077]]

                                subparagraph (A)(ii) with jobs that are 
                                estimated to be created indirectly 
                                through investment under this paragraph 
                                in accordance with this subparagraph.
                          ``(v) Compliance.--
                                    ``(I) <<NOTE: Determination.>>  In 
                                general.--In determining compliance with 
                                subparagraph (A)(ii), the Secretary of 
                                Homeland Security shall permit aliens 
                                seeking admission under this 
                                subparagraph to rely on economically and 
                                statistically valid methodologies for 
                                determining the number of jobs created 
                                by the program, including--
                                            ``(aa) jobs estimated to 
                                        have been created directly, 
                                        which may be verified using such 
                                        methodologies; and
                                            ``(bb) consistent with this 
                                        subparagraph, jobs estimated to 
                                        have been directly or indirectly 
                                        created through capital 
                                        expenditures, revenues generated 
                                        from increased exports, improved 
                                        regional productivity, job 
                                        creation, and increased domestic 
                                        capital investment resulting 
                                        from the program.
                                    ``(II) Job and investment 
                                requirements.--
                                            ``(aa) Relocated 
                                        jobs. <<NOTE: Determination.>> --
                                        In determining compliance with 
                                        the job creation requirement 
                                        under subparagraph (A)(ii), the 
                                        Secretary of Homeland Security 
                                        may include jobs estimated to be 
                                        created under a methodology that 
                                        attributes jobs to prospective 
                                        tenants occupying commercial 
                                        real estate created or improved 
                                        by capital investments if the 
                                        number of such jobs estimated to 
                                        be created has been determined 
                                        by an economically and 
                                        statistically valid methodology 
                                        and such jobs are not existing 
                                        jobs that have been relocated.
                                            
                                        ``(bb) <<NOTE: Regulations.>>  
                                        Publicly available bonds.--The 
                                        Secretary of Homeland Security 
                                        shall prescribe regulations to 
                                        ensure that alien investor 
                                        capital may not be utilized, by 
                                        a new commercial enterprise or 
                                        otherwise, to purchase municipal 
                                        bonds or any other bonds, if 
                                        such bonds are available to the 
                                        general public, either as part 
                                        of a primary offering or from a 
                                        secondary market.
                                            ``(cc) Construction activity 
                                        jobs. <<NOTE: Time period.>> --
                                        If the number of direct jobs 
                                        estimated to be created has been 
                                        determined by an economically 
                                        and statistically valid 
                                        methodology, and such direct 
                                        jobs are created by construction 
                                        activity lasting less than 2 
                                        years, the number of such jobs 
                                        that may be considered direct 
                                        jobs for purposes of clause (iv) 
                                        shall be calculated by 
                                        multiplying the total number of 
                                        such jobs estimated to be 
                                        created by the fraction of the 
                                        2-year period that the 
                                        construction activity lasts.

[[Page 136 STAT. 1078]]

                          ``(vi) Amendments.--The Secretary of Homeland 
                      Security shall--
                                    
                                ``(I) <<NOTE: Requirement. Deadline.>>  
                                require a regional center--
                                            
                                        ``(aa) <<NOTE: Notification.>>  
                                        to notify the Secretary, not 
                                        later than 120 days before the 
                                        implementation of significant 
                                        proposed changes to its 
                                        organizational structure, 
                                        ownership, or administration, 
                                        including the sale of such 
                                        center, or other arrangements 
                                        which would result in 
                                        individuals not previously 
                                        subject to the requirements 
                                        under subparagraph (H) becoming 
                                        involved with the regional 
                                        center; or
                                            ``(bb) if exigent 
                                        circumstances are present, to 
                                        provide the notice described in 
                                        item (aa) to the Secretary not 
                                        later than 5 business days after 
                                        a change described in such item; 
                                        and
                                    ``(II) adjudicate business plans 
                                under subparagraph (F) and petitions 
                                under section 204(a)(1)(H) during any 
                                notice period as long as the amendment 
                                to the business or petition does not 
                                negatively impact program eligibility.
                          ``(vii) Record keeping and audits.--
                                    ``(I) <<NOTE: Time period. Effective 
                                date.>>  Record keeping.--Each regional 
                                center shall make and preserve, during 
                                the 5-year period beginning on the last 
                                day of the Federal fiscal year in which 
                                any transactions occurred, books, 
                                ledgers, records, and other 
                                documentation from the regional center, 
                                new commercial enterprise, or job-
                                creating entity used to support--
                                            ``(aa) any claims, evidence, 
                                        or certifications contained in 
                                        the regional center's annual 
                                        statements under subparagraph 
                                        (G); and
                                            ``(bb) associated petitions 
                                        by aliens seeking classification 
                                        under this section or removal of 
                                        conditions under section 216A.
                                    ``(II) Audits. <<NOTE: Time 
                                periods.>> --The Secretary shall audit 
                                each regional center not less frequently 
                                than once every 5 
                                years. <<NOTE: Reviews.>>  Each such 
                                audit shall include a review of any 
                                documentation required to be maintained 
                                under subclause (I) for the preceding 5 
                                years and a review of the flow of alien 
                                investor capital into any capital 
                                investment project. To the extent 
                                multiple regional centers are located at 
                                a single site, the Secretary may audit 
                                multiple regional centers in a single 
                                site visit.
                                    ``(III) Termination.--The Secretary 
                                shall terminate the designation of a 
                                regional center that fails to consent to 
                                an audit under subclause (II) or 
                                deliberately attempts to impede such an 
                                audit.
                    ``(F) Business plans for regional center 
                investments.--
                          ``(i) Application for approval of an 
                      investment in a commercial enterprise.--A regional 
                      center shall file an application with the 
                      Secretary of Homeland Security for each particular 
                      investment offering through an associated new 
                      commercial enterprise

[[Page 136 STAT. 1079]]

                      before any alien files a petition for 
                      classification under this paragraph by reason of 
                      investment in that offering. The application shall 
                      include--
                                    ``(I) a comprehensive business plan 
                                for a specific capital investment 
                                project;
                                    ``(II) a credible economic analysis 
                                regarding estimated job creation that is 
                                based upon economically and 
                                statistically valid and transparent 
                                methodologies;
                                    ``(III) any documents filed with the 
                                Securities and Exchange Commission under 
                                the Securities Act of 1933 (15 U.S.C. 
                                77a et seq.) or with the securities 
                                regulator of any State, as required by 
                                law;
                                    ``(IV) any investment and offering 
                                documents, including subscription, 
                                investment, partnership, and operating 
                                agreements, private placement memoranda, 
                                term sheets, biographies of management, 
                                officers, directors, and any person with 
                                similar responsibilities, the 
                                description of the business plan to be 
                                provided to potential alien investors, 
                                and marketing materials used, or drafts 
                                prepared for use, in connection with the 
                                offering, which shall contain 
                                references, as appropriate, to--
                                            ``(aa) all material 
                                        investment risks associated with 
                                        the new commercial enterprise 
                                        and the job-creating entity;
                                            ``(bb) any conflicts of 
                                        interest that currently exist or 
                                        may arise among the regional 
                                        center, the new commercial 
                                        enterprise, the job-creating 
                                        entity, or the principals, 
                                        attorneys, or individuals 
                                        responsible for recruitment or 
                                        promotion of such entities;
                                            ``(cc) <<NOTE: Time 
                                        period.>>  any pending material 
                                        litigation or bankruptcy, or 
                                        material adverse judgments or 
                                        bankruptcy orders issued during 
                                        the most recent 10-year period, 
                                        in the United States or in 
                                        another country, affecting the 
                                        regional center, the new 
                                        commercial enterprise, any 
                                        associated job-creating entity, 
                                        or any other enterprise in which 
                                        any principal of any of the 
                                        aforementioned entities held 
                                        majority ownership at the time; 
                                        and
                                            ``(dd)(AA) any fees, ongoing 
                                        interest, or other compensation 
                                        paid, or to be paid by the 
                                        regional center, the new 
                                        commercial enterprise, or any 
                                        issuer of securities intended to 
                                        be offered to alien investors, 
                                        to agents, finders, or broker 
                                        dealers involved in the offering 
                                        of securities to alien investors 
                                        in connection with the 
                                        investment;
                                            ``(BB) a description of the 
                                        services performed, or that will 
                                        be performed, by such person to 
                                        entitle the person to such fees, 
                                        interest, or compensation; and

[[Page 136 STAT. 1080]]

                                            ``(CC) the name and contact 
                                        information of any such person, 
                                        if known at the time of filing;
                                    ``(V) a description of the policies 
                                and procedures, such as those related to 
                                internal and external due diligence, 
                                reasonably designed to cause the 
                                regional center and any issuer of 
                                securities intended to be offered to 
                                alien investors in connection with the 
                                relevant capital investment project, to 
                                comply, as applicable, with the 
                                securities laws of the United States and 
                                the laws of the applicable States in 
                                connection with the offer, purchase, or 
                                sale of its securities; and
                                    ``(VI) <<NOTE: Certification.>>  a 
                                certification from the regional center, 
                                and any issuer of securities intended to 
                                be offered to alien investors in 
                                connection with the relevant capital 
                                investment project, that their 
                                respective agents and employees, and any 
                                parties associated with the regional 
                                center and such issuer of securities 
                                affiliated with the regional center are 
                                in compliance with the securities laws 
                                of the United States and the laws of the 
                                applicable States in connection with the 
                                offer, purchase, or sale of its 
                                securities, to the best of the 
                                certifier's knowledge, after a due 
                                diligence investigation.
                          ``(ii) Effect of approval of a business plan 
                      for an investment in a regional center's 
                      commercial enterprise.--The approval of an 
                      application under this subparagraph, including an 
                      approval before the date of the enactment of this 
                      subparagraph, shall be binding for purposes of the 
                      adjudication of subsequent petitions seeking 
                      classification under this paragraph by immigrants 
                      investing in the same offering described in such 
                      application, and of petitions by the same 
                      immigrants filed under section 216A unless--
                                    ``(I) the applicant engaged in 
                                fraud, misrepresentation, or criminal 
                                misuse;
                                    ``(II) such approval would threaten 
                                public safety or national security;
                                    ``(III) there has been a material 
                                change that affects eligibility;
                                    ``(IV) the discovery of other 
                                evidence affecting program eligibility 
                                was not disclosed by the applicant 
                                during the adjudication process; or
                                    ``(V) the previous adjudication 
                                involved a material mistake of law or 
                                fact.
                          ``(iii) Amendments.--
                                    
                                ``(I) <<NOTE: Procedures. Deadline.>>  
                                Approval.--The Secretary of Homeland 
                                Security may establish procedures by 
                                which a regional center may seek 
                                approval of an amendment to an approved 
                                application under this subparagraph that 
                                reflects changes specified by the 
                                Secretary to any information, documents, 
                                or other aspects of the investment 
                                offering described in such approved 
                                application not later than 30 days after 
                                any such changes.

[[Page 136 STAT. 1081]]

                                    ``(II) Incorporation.--Upon the 
                                approval of a timely filed amendment to 
                                an approved application, any changes 
                                reflected in such amendment may be 
                                incorporated into and considered in 
                                determining program eligibility through 
                                adjudication of--
                                            ``(aa) pending petitions 
                                        from immigrants investing in the 
                                        offering described in the 
                                        approved application who are 
                                        seeking classification under 
                                        this paragraph; and
                                            ``(bb) petitions by 
                                        immigrants described in item 
                                        (aa) that are filed under 
                                        section 216A.
                          ``(iv) Site visits.--The Secretary of Homeland 
                      Security shall--
                                    ``(I) <<NOTE: Time 
                                period. Notification.>>  perform site 
                                visits to regional centers not earlier 
                                than 24 hours after providing notice of 
                                such site visit; and
                                    ``(II) perform at least 1 site visit 
                                to, as applicable, each new commercial 
                                enterprise or job-creating entity, or 
                                the business locations where any jobs 
                                that are claimed as being created.
                          ``(v) Parameters for capital redeployment.--
                                    ``(I) In 
                                general. <<NOTE: Regulations.>> --The 
                                Secretary of Homeland Security shall 
                                prescribe regulations, in accordance 
                                with subchapter II of chapter 5 and 
                                chapter 7 of title 5, United States Code 
                                (commonly known as the `Administrative 
                                Procedure Act'), that allow a new 
                                commercial enterprise to redeploy 
                                investment funds anywhere within the 
                                United States or its territories for the 
                                purpose of maintaining the investors' 
                                capital at risk if--
                                            ``(aa) the new commercial 
                                        enterprise has executed the 
                                        business plan for a capital 
                                        investment project in good faith 
                                        without a material change;
                                            ``(bb) the new commercial 
                                        enterprise has created a 
                                        sufficient number of new full 
                                        time positions to satisfy the 
                                        job creation requirements of the 
                                        program for all investors in the 
                                        new commercial enterprise, 
                                        either directly or indirectly, 
                                        as evidenced by the 
                                        methodologies set forth in this 
                                        Act;
                                            ``(cc) the job creating 
                                        entity has repaid the capital 
                                        initially deployed in conformity 
                                        with the initial investment 
                                        contemplated by the business 
                                        plan; and
                                            ``(dd) the capital, after 
                                        repayment by the job creating 
                                        entity, remains at risk and it 
                                        is not redeployed in passive 
                                        investments, such as stocks or 
                                        bonds.
                                    ``(II) <<NOTE: Determination.>>  
                                Termination.--The Secretary of Homeland 
                                Security shall terminate the designation 
                                of a regional center if the Secretary 
                                determines that a new commercial 
                                enterprise has violated any of the 
                                requirements under subclause (I) in the 
                                redeployment of funds invested in such 
                                regional center.

[[Page 136 STAT. 1082]]

                    ``(G) Regional center annual statements.--
                          ``(i) In general.--Each regional center 
                      designated under subparagraph (E) shall submit an 
                      annual statement, in a manner prescribed by the 
                      Secretary of Homeland 
                      Security. <<NOTE: Certifications.>>  Each such 
                      statement shall include--
                                    ``(I) a certification stating that, 
                                to the best of the certifier's 
                                knowledge, after a due diligence 
                                investigation, the regional center is in 
                                compliance with clauses (i) and (ii) of 
                                subparagraph (H);
                                    ``(II) a certification described in 
                                subparagraph (I)(ii)(II);
                                    ``(III) a certification stating 
                                that, to the best of the certifier's 
                                knowledge, after a due diligence 
                                investigation, the regional center is in 
                                compliance with subparagraph (K)(iii);
                                    ``(IV) a description of any pending 
                                material litigation or bankruptcy 
                                proceedings, or material litigation or 
                                bankruptcy proceedings resolved during 
                                the preceding fiscal year, involving the 
                                regional center, the new commercial 
                                enterprise, or any affiliated job-
                                creating entity;
                                    ``(V) an accounting of all 
                                individual alien investor capital 
                                invested in the regional center, new 
                                commercial enterprise, and job-creating 
                                entity;
                                    ``(VI) for each new commercial 
                                enterprise associated with the regional 
                                center--
                                            ``(aa) an accounting of the 
                                        aggregate capital invested in 
                                        the new commercial enterprise 
                                        and any job-creating entity by 
                                        alien investors under this 
                                        paragraph for each capital 
                                        investment project being 
                                        undertaken by the new commercial 
                                        enterprise;
                                            ``(bb) a description of how 
                                        the capital described in item 
                                        (aa) is being used to execute 
                                        each capital investment project 
                                        in the filed business plan or 
                                        plans;
                                            ``(cc) evidence that 100 
                                        percent of the capital described 
                                        in item (aa) has been committed 
                                        to each capital investment 
                                        project;
                                            ``(dd) detailed evidence of 
                                        the progress made toward the 
                                        completion of each capital 
                                        investment project;
                                            ``(ee) an accounting of the 
                                        aggregate direct jobs created or 
                                        preserved;
                                            ``(ff) to the best of the 
                                        regional center's knowledge, for 
                                        all fees, including 
                                        administrative fees, loan 
                                        monitoring fees, loan management 
                                        fees, commissions and similar 
                                        transaction-based compensation, 
                                        collected from alien investors 
                                        by the regional center, the new 
                                        commercial enterprise, any 
                                        affiliated job-creating entity, 
                                        any affiliated issuer of 
                                        securities intended to be 
                                        offered to alien investors, or 
                                        any promoter, finder, broker-
                                        dealer, or other

[[Page 136 STAT. 1083]]

                                        entity engaged by any of the 
                                        aforementioned entities to 
                                        locate individual investors--
                                                ``(AA) a description of 
                                            all fees collected;
                                                ``(BB) an accounting of 
                                            the entities that received 
                                            such fees; and
                                                ``(CC) the purpose for 
                                            which such fees were 
                                            collected;
                                            ``(gg) any documentation 
                                        referred to in subparagraph 
                                        (F)(i)(IV) if there has been a 
                                        material change during the 
                                        preceding fiscal year; and
                                            ``(hh) a certification by 
                                        the regional center that the 
                                        information provided under items 
                                        (aa) through (gg) is accurate, 
                                        to the best of the certifier's 
                                        knowledge, after a due diligence 
                                        investigation; and
                                    ``(VII) a description of the 
                                regional center's policies and 
                                procedures that are designed to enable 
                                the regional center to comply with 
                                applicable Federal labor laws.
                          
                      ``(ii) <<NOTE: Requirements. Determinations.>>  
                      Amendment of annual statements.--The Secretary of 
                      Homeland Security--
                                    ``(I) shall require the regional 
                                center to amend or supplement an annual 
                                statement required under clause (i) if 
                                the Secretary determines that such 
                                statement is deficient; and
                                    ``(II) may require the regional 
                                center to amend or supplement such 
                                annual statement if the Director 
                                determines that such an amendment or 
                                supplement is appropriate.
                          ``(iii) Sanctions.--
                                    ``(I) Effect of 
                                violation. <<NOTE: Determination.>> --
                                The Director shall sanction any regional 
                                center entity in accordance with 
                                subclause (II) if the regional center 
                                fails to submit an annual statement or 
                                if the Director determines that the 
                                regional center--
                                            ``(aa) knowingly submitted 
                                        or caused to be submitted a 
                                        statement, certification, or any 
                                        information submitted pursuant 
                                        to this subparagraph that 
                                        contained an untrue statement of 
                                        material fact; or
                                            ``(bb) is conducting itself 
                                        in a manner inconsistent with 
                                        its designation under 
                                        subparagraph (E), including any 
                                        willful, undisclosed, and 
                                        material deviation by new 
                                        commercial enterprises from any 
                                        filed business plan for such new 
                                        commercial enterprises.
                                    ``(II) Authorized sanctions.--The 
                                Director shall establish a graduated set 
                                of sanctions based on the severity of 
                                the violations referred to in subclause 
                                (I), including--
                                            ``(aa) fines equal to not 
                                        more than 10 percent of the 
                                        total capital invested by alien 
                                        investors in the regional 
                                        center's new commercial 
                                        enterprises or job-creating 
                                        entities directly involved in 
                                        such violations, the payment of

[[Page 136 STAT. 1084]]

                                        which shall not in any 
                                        circumstance utilize any of such 
                                        alien investors' capital 
                                        investments, and which shall be 
                                        deposited into the EB-5 
                                        Integrity Fund established under 
                                        subparagraph (J);
                                            ``(bb) temporary suspension 
                                        from participation in the 
                                        program described in 
                                        subparagraph (E), which may be 
                                        lifted by the Director if the 
                                        individual or entity cures the 
                                        alleged violation after being 
                                        provided such an opportunity by 
                                        the Director;
                                            ``(cc) permanent bar from 
                                        participation in the program 
                                        described in subparagraph (E) 
                                        for 1 or more individuals or 
                                        business entities associated 
                                        with the regional center, new 
                                        commercial enterprise, or job-
                                        creating entity; and
                                            ``(dd) termination of 
                                        regional center designation.
                          ``(iv) Availability of annual statements to 
                      investors. <<NOTE: Deadline. Records.>> --Not 
                      later than 30 days after a request from an alien 
                      investor, a regional center shall make available 
                      to such alien investor a copy of the filed annual 
                      statement and any amendments filed to such 
                      statement, which shall be redacted to exclude any 
                      information unrelated to such alien investor or 
                      the new commercial enterprise or job creating 
                      entity into which the alien investor invested.
                    ``(H) Bona fides of persons involved with regional 
                center program.--
                          ``(i) In general.--The Secretary of Homeland 
                      Security may not permit any person to be involved 
                      with any regional center, new commercial 
                      enterprise, or job-creating entity if--
                                    ``(I) <<NOTE: Time periods.>>  the 
                                person has been found to have 
                                committed--
                                            ``(aa) a criminal or civil 
                                        offense involving fraud or 
                                        deceit within the previous 10 
                                        years;
                                            ``(bb) a civil offense 
                                        involving fraud or deceit that 
                                        resulted in a liability in 
                                        excess of $1,000,000; or
                                            ``(cc) a crime for which the 
                                        person was convicted and 
                                        sentenced to a term of 
                                        imprisonment of more than 1 
                                        year;
                                    ``(II) the person is subject to a 
                                final order, for the duration of any 
                                penalty imposed by such order, of a 
                                State securities commission (or an 
                                agency or officer of a State performing 
                                similar functions), a State authority 
                                that supervises or examines banks, 
                                savings associations, or credit unions, 
                                a State insurance commission (or an 
                                agency or officer of a State performing 
                                similar functions), an appropriate 
                                Federal banking agency, the Commodity 
                                Futures Trading Commission, the 
                                Securities and Exchange Commission, a 
                                financial self-regulatory organization 
                                recognized by the Securities and 
                                Exchange Commission, or the

[[Page 136 STAT. 1085]]

                                National Credit Union Administration, 
                                which is based on a violation of any law 
                                or regulation that--
                                            ``(aa) prohibits fraudulent, 
                                        manipulative, or deceptive 
                                        conduct; or
                                            ``(bb) bars the person 
                                        from--
                                                ``(AA) association with 
                                            an entity regulated by such 
                                            commission, authority, 
                                            agency, or officer;
                                                ``(BB) appearing before 
                                            such commission, authority, 
                                            agency, or officer;
                                                ``(CC) engaging in the 
                                            business of securities, 
                                            insurance, or banking; or
                                                ``(DD) engaging in 
                                            savings association or 
                                            credit union activities;
                                    ``(III) <<NOTE: Determination.>>  
                                the Secretary determines that the person 
                                is engaged in, has ever been engaged in, 
                                or seeks to engage in--
                                            ``(aa) any illicit 
                                        trafficking in any controlled 
                                        substance or in any listed 
                                        chemical (as defined in section 
                                        102 of the Controlled Substances 
                                        Act);
                                            ``(bb) any activity relating 
                                        to espionage, sabotage, or theft 
                                        of intellectual property;
                                            ``(cc) any activity related 
                                        to money laundering (as 
                                        described in section 1956 or 
                                        1957 of title 18, United States 
                                        Code);
                                            ``(dd) any terrorist 
                                        activity (as defined in section 
                                        212(a)(3)(B));
                                            ``(ee) any activity 
                                        constituting or facilitating 
                                        human trafficking or a human 
                                        rights offense;
                                            ``(ff) any activity 
                                        described in section 
                                        212(a)(3)(E); or
                                            ``(gg) the violation of any 
                                        statute, regulation, or 
                                        Executive order regarding 
                                        foreign financial transactions 
                                        or foreign asset control; or
                                    ``(IV) <<NOTE: Time period.>>  the 
                                person--
                                            ``(aa) is, or during the 
                                        preceding 10 years has been, 
                                        included on the Department of 
                                        Justice's List of Currently 
                                        Disciplined Practitioners; or
                                            ``(bb) during the preceding 
                                        10 years, has received a 
                                        reprimand or has otherwise been 
                                        publicly disciplined for conduct 
                                        related to fraud or deceit by a 
                                        State bar association of which 
                                        the person is or was a member.
                          ``(ii) Foreign involvement in regional center 
                      program.--
                                    ``(I) Lawful status required.--A 
                                person may not be involved with a 
                                regional center unless the person--
                                            ``(aa) is a national of the 
                                        United States or an individual 
                                        who has been lawfully admitted 
                                        for permanent residence (as such 
                                        terms are defined in paragraphs 
                                        (20) and (22) of section 
                                        101(a)); and

[[Page 136 STAT. 1086]]

                                            ``(bb) is not the subject of 
                                        rescission or removal 
                                        proceedings.
                                    ``(II) Foreign governments.--No 
                                agency, official, or other similar 
                                entity or representative of a foreign 
                                government entity may provide capital 
                                to, or be directly or indirectly 
                                involved with the ownership or 
                                administration of, a regional center, a 
                                new commercial enterprise, or a job-
                                creating entity, except that a foreign 
                                or domestic investment fund or other 
                                investment vehicle that is wholly or 
                                partially owned, directly or indirectly, 
                                by a bona fide foreign sovereign wealth 
                                fund or a foreign state-owned enterprise 
                                otherwise permitted to do business in 
                                the United States may be involved with 
                                the ownership, but not the 
                                administration, of a job-creating entity 
                                that is not an affiliated job-creating 
                                entity.
                                    ``(III) <<NOTE: Deadline.>>  
                                Rulemaking.--Not later than 270 days 
                                after the date of the enactment of the 
                                EB-5 Reform and Integrity Act of 2022, 
                                the Secretary shall issue regulations 
                                implementing subparagraphs (I) and (II).
                          ``(iii) Information required.--The Secretary 
                      of Homeland Security--
                                    
                                ``(I) <<NOTE: Attestations. Determination
                                s.>>  shall require such attestations 
                                and information, including the 
                                submission of fingerprints or other 
                                biometrics to the Federal Bureau of 
                                Investigation with respect to a regional 
                                center, a new commercial enterprise, and 
                                any affiliated job creating entity, and 
                                persons involved with such entities (as 
                                described in clause (v)), as may be 
                                necessary to determine whether such 
                                entities are in compliance with clauses 
                                (i) and (ii);
                                    ``(II) shall perform such criminal 
                                record checks and other background and 
                                database checks with respect to a 
                                regional center, a new commercial 
                                enterprise, and any affiliated job-
                                creating entity, and persons involved 
                                with such entities (as described in 
                                clause (v)), as may be necessary to 
                                determine whether such entities are in 
                                compliance with clauses (i) and (ii); 
                                and
                                    ``(III) may, at the Secretary's 
                                discretion, require the information 
                                described to in subclause (I) and may 
                                perform the checks described in 
                                subclause (II) with respect to any job 
                                creating entity and persons involved 
                                with such entity if there is a 
                                reasonable basis to believe such entity 
                                or person is not in compliance with 
                                clauses (i) and (ii).
                          ``(iv) Termination.--
                                    ``(I) <<NOTE: Determination.>>  In 
                                general.--The Secretary of Homeland 
                                Security may suspend or terminate the 
                                designation of any regional center, or 
                                the participation under the program of 
                                any new commercial enterprise or job-
                                creating entity under this paragraph if 
                                the Secretary determines that such 
                                entity--

[[Page 136 STAT. 1087]]

                                            ``(aa) <<NOTE: Deadline.>>  
                                        knowingly involved a person with 
                                        such entity in violation of 
                                        clause (i) or (ii) by failing, 
                                        within 14 days of acquiring such 
                                        knowledge--
                                                ``(AA) to take 
                                            commercially reasonable 
                                            efforts to discontinue the 
                                            prohibited person's 
                                            involvement; or
                                                
                                            ``(BB) <<NOTE: Notification.>> 
                                             to provide notice to the 
                                            Secretary;
                                            ``(bb) failed to provide an 
                                        attestation or information 
                                        requested by the Secretary under 
                                        clause (iii)(I); or
                                            ``(cc) knowingly provided 
                                        any false attestation or 
                                        information under clause 
                                        (iii)(I).
                                    ``(II) Limitation.--The Secretary's 
                                authorized sanctions under subclause (I) 
                                shall be limited to entities that have 
                                engaged in any activity described in 
                                subclause (I).
                                    ``(III) Information.--
                                            ``(aa) Notification.--The 
                                        Secretary, after performing the 
                                        criminal record checks and other 
                                        background checks described in 
                                        clause (iii), shall notify a 
                                        regional center, new commercial 
                                        enterprise, or job-creating 
                                        entity whether any person 
                                        involved with such entities is 
                                        not in compliance with clause 
                                        (i) or (ii), unless the 
                                        information that provides the 
                                        basis for the determination is 
                                        classified or disclosure is 
                                        otherwise prohibited under law.
                                            ``(bb) <<NOTE: Deadline.>>  
                                        Effect of failure to respond.--
                                        If the regional center, new 
                                        commercial enterprise, or job-
                                        creating entity fails to 
                                        discontinue the prohibited 
                                        person's involvement with the 
                                        regional center, new commercial 
                                        enterprise, or job-creating 
                                        entity, as applicable, within 30 
                                        days after receiving such 
                                        notification, such entity shall 
                                        be deemed to have knowledge 
                                        under subclause (I)(aa) that the 
                                        involvement of such person with 
                                        the entity is in violation of 
                                        clause (i) or (ii).
                          ``(v) Persons involved with a regional center, 
                      new commercial enterprise, or job-creating 
                      entity. <<NOTE: Determination.>> --For the 
                      purposes of this paragraph, unless otherwise 
                      determined by the Secretary of Homeland Security, 
                      a person is involved with a regional center, a new 
                      commercial enterprise, any affiliated job-creating 
                      entity, as applicable, if the person is, directly 
                      or indirectly, in a position of substantive 
                      authority to make operational or managerial 
                      decisions over pooling, securitization, 
                      investment, release, acceptance, or control or use 
                      of any funding that was procured under the program 
                      described in subparagraph (E). An individual may 
                      be in a position of substantive authority if the 
                      person serves as a principal, a representative, an 
                      administrator, an owner, an officer, a board 
                      member, a manager, an executive, a general 
                      partner, a fiduciary, an agent, or in a similar 
                      position at the

[[Page 136 STAT. 1088]]

                      regional center, new commercial enterprise, or 
                      job-creating entity, respectively.
                    ``(I) Compliance with securities laws.--
                          ``(i) Jurisdiction.--
                                    ``(I) In general.--The United States 
                                has jurisdiction, including subject 
                                matter jurisdiction, over the purchase 
                                or sale of any security offered or sold, 
                                or any investment advice provided, by 
                                any regional center or any party 
                                associated with a regional center for 
                                purposes of the securities laws.
                                    ``(II) Compliance with regulation 
                                s.--For purposes of section 5 of the 
                                Securities Act of 1933 (15 U.S.C. 77e), 
                                a regional center or any party 
                                associated with a regional center is not 
                                precluded from offering or selling a 
                                security pursuant to Regulation S (17 
                                C.F.R. 230.901 et seq.) to the extent 
                                that such offering or selling otherwise 
                                complies with that regulation.
                                    ``(III) Savings provision.--
                                Subclause (I) is not intended to modify 
                                any existing rules or regulations of the 
                                Securities and Exchange Commission 
                                related to the application of section 
                                15(a) of the Securities and Exchange Act 
                                of 1934 (15 U.S.C. 78o(a)) to foreign 
                                brokers or dealers.
                          ``(ii) <<NOTE: Compliance.>>  Regional center 
                      certifications required.--
                                    ``(I) Initial certification.--The 
                                Secretary of Homeland Security may not 
                                approve an application for regional 
                                center designation or regional center 
                                amendment unless the regional center 
                                certifies that, to the best of the 
                                certifier's knowledge, after a due 
                                diligence investigation, the regional 
                                center is in compliance with and has 
                                policies and procedures, including those 
                                related to internal and external due 
                                diligence, reasonably designed to 
                                confirm, as applicable, that all parties 
                                associated with the regional center are 
                                and will remain in compliance with the 
                                securities laws of the United States and 
                                of any State in which--
                                            ``(aa) the offer, purchase, 
                                        or sale of securities was 
                                        conducted;
                                            ``(bb) the issuer of 
                                        securities was located; or
                                            ``(cc) the investment advice 
                                        was provided by the regional 
                                        center or parties associated 
                                        with the regional center.
                                    ``(II) Reissue.--A regional center 
                                shall annually reissue a certification 
                                described in subclause (I), in 
                                accordance with subparagraph (G), to 
                                certify compliance with clause (iii) by 
                                stating that--
                                            ``(aa) the certification is 
                                        made by a certifier;
                                            ``(bb) to the best of the 
                                        certifier's knowledge, after a 
                                        due diligence investigation, all 
                                        such offers, purchases, and 
                                        sales of securities or the 
                                        provision of investment advice 
                                        complied

[[Page 136 STAT. 1089]]

                                        with the securities laws of the 
                                        United States and the securities 
                                        laws of any State in which--
                                                ``(AA) the offer, 
                                            purchase, or sale of 
                                            securities was conducted;
                                                ``(BB) the issuer of 
                                            securities was located; or
                                                ``(CC) the investment 
                                            advice was provided; and
                                            
                                        ``(cc) <<NOTE: Records. Data.>>  
                                        records, data, and information 
                                        related to such offers, 
                                        purchases, and sales have been 
                                        maintained.
                                    ``(III) Effect of noncompliance.--If 
                                a regional center, through its due 
                                diligence, discovered during the 
                                previous fiscal year that the regional 
                                center or any party associated with the 
                                regional center was not in compliance 
                                with the securities laws of the United 
                                States or the securities laws of any 
                                State in which the securities activities 
                                were conducted by any party associated 
                                with the regional center, the certifier 
                                shall--
                                            ``(aa) describe the 
                                        activities that led to 
                                        noncompliance;
                                            ``(bb) describe the actions 
                                        taken to remedy the 
                                        noncompliance; and
                                            ``(cc) certify that the 
                                        regional center and all parties 
                                        associated with the regional 
                                        center are currently in 
                                        compliance, to the best of the 
                                        certifier's knowledge, after a 
                                        due diligence investigation.
                          ``(iii) <<NOTE: Records. Data.>>  Oversight 
                      required.--Each regional center shall--
                                    ``(I) use commercially reasonable 
                                efforts to monitor and supervise 
                                compliance with the securities laws in 
                                relations to all offers, purchases, and 
                                sales of, and investment advice relating 
                                to, securities made by parties 
                                associated with the regional center;
                                    ``(II) <<NOTE: Time period.>>  
                                maintain records, data, and information 
                                relating to all such offers, purchases, 
                                sales, and investment advice during the 
                                5-year period beginning on the date of 
                                their creation; and
                                    ``(III) make the records, data, and 
                                information described in subclause (II) 
                                available to the Secretary or to the 
                                Securities and Exchange Commission upon 
                                request.
                          ``(iv) Suspension or termination.--In addition 
                      to any other authority provided to the Secretary 
                      under this paragraph, the Secretary, in the 
                      Secretary's discretion, may suspend or terminate 
                      the designation of any regional center or impose 
                      other sanctions against the regional center if the 
                      regional center, or any parties associated with 
                      the regional center that the regional center knew 
                      or reasonably should have known--
                                    ``(I) are permanently or temporarily 
                                enjoined by order, judgment, or decree 
                                of any court of competent jurisdiction 
                                in connection with the offer,

[[Page 136 STAT. 1090]]

                                purchase, or sale of a security or the 
                                provision of investment advice;
                                    ``(II) are subject to any final 
                                order of the Securities and Exchange 
                                Commission or a State securities 
                                regulator that--
                                            ``(aa) bars such person from 
                                        association with an entity 
                                        regulated by the Securities and 
                                        Exchange Commission or a State 
                                        securities regulator; or
                                            ``(bb) constitutes a final 
                                        order based on a finding of an 
                                        intentional violation or a 
                                        violation related to fraud or 
                                        deceit in connection with the 
                                        offer, purchase, or sale of, or 
                                        investment advice relating to, a 
                                        security; or
                                    ``(III) submitted, or caused to be 
                                submitted, a certification described in 
                                clause (ii) that contained an untrue 
                                statement of a material fact or omitted 
                                to state a material fact necessary in 
                                order to make the statements made, in 
                                light of the circumstances under which 
                                they were made, not misleading.
                          ``(v) Defined term.--In this subparagraph, the 
                      term `parties associated with a regional center' 
                      means--
                                    ``(I) the regional center;
                                    ``(II) any new commercial enterprise 
                                or affiliated job-creating entity or 
                                issuer of securities associated with the 
                                regional center;
                                    ``(III) the regional center's and 
                                new commercial enterprise's owners, 
                                officers, directors, managers, partners, 
                                agents, employees, promoters and 
                                attorneys, or similar position, as 
                                determined by the Secretary; and
                                    ``(IV) any person under the control 
                                of the regional center, new commercial 
                                enterprise, or issuer of securities 
                                associated with the regional center who 
                                is responsible for the marketing, 
                                offering, or sale of any security 
                                offered in connection with the capital 
                                investment project.
                          ``(vi) Savings provision.--Nothing in this 
                      subparagraph may be construed to impair or limit 
                      the authority of the Securities and Exchange 
                      Commission under the Federal securities laws or 
                      any State securities regulator under State 
                      securities laws.
                    ``(J) EB-5 integrity fund.--
                          ``(i) Establishment.--There is established in 
                      the United States Treasury a special fund, which 
                      shall be known as the `EB-5 Integrity Fund' 
                      (referred to in this subparagraph as the `Fund'). 
                      Amounts deposited into the Fund shall be available 
                      to the Secretary of Homeland Security until 
                      expended for the purposes set forth in clause 
                      (iii).
                          ``(ii) Fees.--
                                    ``(I) <<NOTE: Effective date. Time 
                                period.>>  Annual fee.--On October 1, 
                                2022, and each October 1 thereafter, the 
                                Secretary of Homeland Security shall 
                                collect for the Fund an annual fee--

[[Page 136 STAT. 1091]]

                                            ``(aa) except as provided in 
                                        item (bb), of $20,000 from each 
                                        regional center designated under 
                                        subparagraph (E); and
                                            ``(bb) of $10,000 from each 
                                        such regional center with 20 or 
                                        fewer total investors in the 
                                        preceding fiscal year in its new 
                                        commercial enterprises.
                                    ``(II) <<NOTE: Effective date.>>  
                                Petition fee.--Beginning on October 1, 
                                2022, the Secretary shall collect a fee 
                                of $1,000 for the Fund with each 
                                petition filed under section 
                                204(a)(1)(H) for classification under 
                                subparagraph (E). The fee under this 
                                subclause is in addition to the fee that 
                                the Secretary is authorized to establish 
                                and collect for each petition to recover 
                                the costs of adjudication and 
                                naturalization services under section 
                                286(m).
                                    ``(III) 
                                Increases. <<NOTE: Regulations.>> --The 
                                Secretary may increase the amounts under 
                                this clause by prescribing such 
                                regulations as may be necessary to 
                                ensure that amounts in the Fund are 
                                sufficient to carry out the purposes set 
                                forth in clause (iii).
                          ``(iii) <<NOTE: Compliance.>>  Permissible 
                      uses of fund.--The Secretary shall--
                                    ``(I) <<NOTE: Investigations.>>  use 
                                not less than \1/3\ of the amounts 
                                deposited into the Fund for 
                                investigations based outside of the 
                                United States, including--
                                            ``(aa) monitoring and 
                                        investigating program-related 
                                        events and promotional 
                                        activities; and
                                            ``(bb) ensuring an alien 
                                        investor's compliance with 
                                        subparagraph (L); and
                                    ``(II) use amounts deposited into 
                                the Fund--
                                            ``(aa) to detect and 
                                        investigate fraud or other 
                                        crimes;
                                            
                                        ``(bb) <<NOTE: Determination.>>  
                                        to determine whether regional 
                                        centers, new commercial 
                                        enterprises, job-creating 
                                        entities, and alien investors 
                                        (and their alien spouses and 
                                        alien children) comply with the 
                                        immigration laws;
                                            ``(cc) <<NOTE: Audits.>>  to 
                                        conduct audits and site visits; 
                                        and
                                            
                                        ``(dd) <<NOTE: Determination.>>  
                                        as the Secretary determines to 
                                        be necessary, including 
                                        monitoring compliance with the 
                                        requirements under section 107 
                                        of the EB-5 Reform and Integrity 
                                        Act of 2022.
                          ``(iv) <<NOTE: Deadlines.>>  Failure to pay 
                      fee.--The Secretary of Homeland Security shall--
                                    ``(I) impose a reasonable penalty, 
                                which shall be deposited into the Fund, 
                                if any regional center does not pay the 
                                fee required under clause (ii) within 30 
                                days after the date on which such fee is 
                                due; and
                                    ``(II) <<NOTE: Termination.>>  
                                terminate the designation of any 
                                regional center that does not pay the 
                                fee required under clause (ii) within 90 
                                days after the date on which such fee is 
                                due.
                          ``(v) Report.--The Secretary shall submit an 
                      annual report to the Committee on the Judiciary of

[[Page 136 STAT. 1092]]

                      the Senate and the Committee on the Judiciary of 
                      the House of Representatives that describes how 
                      amounts in the Fund were expended during the 
                      previous fiscal year.
                    ``(K) Direct and third-party promoters.--
                          ``(i) <<NOTE: Compliance. Guidelines.>>  Rules 
                      and standards.--Direct and third-party promoters 
                      (including migration agents) of a regional center, 
                      any new commercial enterprise, an affiliated job-
                      creating entity, or an issuer of securities 
                      intended to be offered to alien investors in 
                      connection with a particular capital investment 
                      project shall comply with the rules and standards 
                      prescribed by the Secretary of Homeland Security 
                      and any applicable Federal or State securities 
                      laws, to oversee promotion of any offering of 
                      securities related to the EB-5 Program, 
                      including--
                                    ``(I) registration with U.S. 
                                Citizenship and Immigration Services, 
                                which--
                                            ``(aa) includes identifying 
                                        and contact information for such 
                                        promoter and confirmation of the 
                                        existence of the written 
                                        agreement required under clause 
                                        (iii); and
                                            ``(bb) <<NOTE: Public 
                                        information.>>  may be made 
                                        publicly available at the 
                                        discretion of the Secretary;
                                    ``(II) <<NOTE: Certification.>>  
                                certification by each promoter that such 
                                promoter is not ineligible under 
                                subparagraph (H)(i);
                                    ``(III) guidelines for accurately 
                                representing the visa process to foreign 
                                investors; and
                                    ``(IV) guidelines describing 
                                permissible fee arrangements under 
                                applicable securities and immigration 
                                laws.
                          ``(ii) Effect of 
                      violation. <<NOTE: Determination.>> --If the 
                      Secretary determines that a direct or third-party 
                      promoter has violated clause (i), the Secretary 
                      shall suspend or permanently bar such individual 
                      from participation in the program described in 
                      subparagraph (E).
                          ``(iii) Compliance. <<NOTE: Contracts.>> --
                      Each regional center, new commercial enterprise, 
                      and affiliated job-creating entity shall maintain 
                      a written agreement between or among such entities 
                      and each direct or third-party promoter operating 
                      on behalf of such entities that outlines the rules 
                      and standards prescribed under clause (i).
                          ``(iv) Disclosure.--Each petition filed under 
                      section 204(a)(1)(H) shall include a disclosure, 
                      signed by the investor, that reflects all fees, 
                      ongoing interest, and other compensation paid to 
                      any person that the regional center or new 
                      commercial enterprise knows has received, or will 
                      receive, in connection with the investment, 
                      including compensation to agents, finders, or 
                      broker dealers involved in the offering, to the 
                      extent not already specifically identified in the 
                      business plan filed under subparagraph (F).
                    ``(L) Source of funds.--
                          ``(i) In general.--An alien investor shall 
                      demonstrate that the capital required under 
                      subparagraph

[[Page 136 STAT. 1093]]

                      (A) and any funds used to pay administrative costs 
                      and fees associated with the alien's investment 
                      were obtained from a lawful source and through 
                      lawful means.
                          ``(ii) Required information.--The Secretary of 
                      Homeland Security shall require that an alien 
                      investor's petition under this paragraph contain, 
                      as applicable--
                                    ``(I) <<NOTE: Records.>>  business 
                                and tax records, or similar records, 
                                including--
                                            ``(aa) foreign business 
                                        registration records;
                                            ``(bb) <<NOTE: Time 
                                        period. Determination.>>  
                                        corporate or partnership tax 
                                        returns (or tax returns of any 
                                        other entity in any form filed 
                                        in any country or subdivision of 
                                        such country), and personal tax 
                                        returns, including income, 
                                        franchise, property (whether 
                                        real, personal, or intangible), 
                                        or any other tax returns of any 
                                        kind, filed during the past 7 
                                        years (or another period to be 
                                        determined by the Secretary to 
                                        ensure that the investment is 
                                        obtained from a lawful source of 
                                        funds) with any taxing 
                                        jurisdiction within or outside 
                                        the United States by or on 
                                        behalf of the alien investor; 
                                        and
                                            ``(cc) any other evidence 
                                        identifying any other source of 
                                        capital or administrative fees;
                                    ``(II) evidence related to monetary 
                                judgments against the alien investor, 
                                including certified copies of any 
                                judgments, and evidence of all pending 
                                governmental civil or criminal actions, 
                                governmental administrative proceedings, 
                                and any private civil actions (pending 
                                or otherwise) involving possible 
                                monetary judgments against the alien 
                                investor from any court within or 
                                outside the United States; and
                                    ``(III) the identity of all persons 
                                who transfer into the United States, on 
                                behalf of the investor, any funds that 
                                are used to meet the capital requirement 
                                under subparagraph (A).
                          ``(iii) Gift and loan restrictions.--
                                    ``(I) In general.--Gifted and 
                                borrowed funds may not be counted toward 
                                the minimum capital investment 
                                requirement under subparagraph (C) 
                                unless such funds--
                                            ``(aa) were gifted or loaned 
                                        to the alien investor in good 
                                        faith; and
                                            ``(bb) were not gifted or 
                                        loaned to circumvent any 
                                        limitations imposed on 
                                        permissible sources of capital 
                                        under this subparagraph, 
                                        including but not limited to 
                                        proceeds from illegal activity.
                                    ``(II) Records requirement.--If 
                                funds invested under subparagraph (A) 
                                are gifted or loaned to the alien 
                                investor, the Secretary shall require 
                                that the alien investor's petition under 
                                this paragraph includes the records 
                                described in

[[Page 136 STAT. 1094]]

                                subclauses (I) and (II) of clause (ii) 
                                from the donor or, if other than a bank, 
                                the lender.
                    ``(M) Treatment of good faith investors following 
                program noncompliance.--
                          ``(i) Termination or debarment of eb-5 
                      entity.--Except as provided in clause (vi), upon 
                      the termination or debarment, as applicable, from 
                      the program under this paragraph of a regional 
                      center, a new commercial enterprise, or a job-
                      creating entity--
                                    ``(I) an otherwise qualified 
                                petition under section 204(a)(1)(H) or 
                                the conditional permanent residence of 
                                an alien who has been admitted to the 
                                United States pursuant to section 
                                216A(a)(1) based on an investment in a 
                                terminated regional center, new 
                                commercial enterprise, or job-creating 
                                entity shall remain valid or continue to 
                                be authorized, as applicable, consistent 
                                with this subparagraph; and
                                    ``(II) <<NOTE: Notification.>>  the 
                                Secretary of Homeland Security shall 
                                notify the alien beneficiaries of such 
                                petitions of such termination or 
                                debarment.
                          ``(ii) <<NOTE: Termination. Deadline.>>  New 
                      regional center or investment.--The petition under 
                      section 204(a)(1)(H) of an alien described in 
                      clause (i) and the conditional permanent resident 
                      status of an alien described in clause (i) shall 
                      be terminated 180 days after notification of the 
                      termination from the program under this paragraph 
                      of a regional center, a new commercial enterprise, 
                      or a job creating entity (but not sooner than 180 
                      days after the date of the enactment of the EB-5 
                      Reform and Integrity Act of 2022) unless--
                                    ``(I) in the case of the termination 
                                of a regional center--
                                            ``(aa) the new commercial 
                                        enterprise associates with an 
                                        approved regional center, 
                                        regardless of the approved 
                                        geographical boundaries of such 
                                        regional center's designation; 
                                        or
                                            ``(bb) such alien makes a 
                                        qualifying investment in another 
                                        new commercial enterprise; or
                                    ``(II) in the case of the debarment 
                                of a new commercial enterprise or job-
                                creating entity, such alien--
                                            ``(aa) associates with a new 
                                        commercial enterprise in good 
                                        standing; and
                                            ``(bb) invests additional 
                                        investment capital solely to the 
                                        extent necessary to satisfy 
                                        remaining job creation 
                                        requirements under subparagraph 
                                        (A)(ii).
                          ``(iii) Amendments.--
                                    
                                ``(I) <<NOTE: Notification. Deadline.>>  
                                Filing requirement.--The Secretary shall 
                                permit a petition described in clause 
                                (i)(I) to be amended to allow such 
                                petition to meet the applicable 
                                eligibility requirements under clause 
                                (ii), or to notify the Secretary that a 
                                pending or approved petition continues 
                                to meet the eligibility

[[Page 136 STAT. 1095]]

                                requirements described in clause (ii) 
                                notwithstanding termination or debarment 
                                described in clause (i) if such 
                                amendment is filed not later than 180 
                                days after the Secretary provides 
                                notification of termination or debarment 
                                of a regional center, a new commercial 
                                enterprise, or a job-creating entity, as 
                                applicable.
                                    ``(II) Determination of 
                                eligibility.--For purposes of 
                                determining eligibility under subclause 
                                (I)--
                                            ``(aa) the Secretary shall 
                                        permit amendments to the 
                                        business plan, without such 
                                        facts underlying the amendment 
                                        being deemed a material change; 
                                        and
                                            ``(bb) may deem any funds 
                                        obtained or recovered by an 
                                        alien investor, directly or 
                                        indirectly, from claims against 
                                        third parties, including 
                                        insurance proceeds, or any 
                                        additional investment capital 
                                        provided by the alien, to be 
                                        such alien's investment capital 
                                        for the purposes of subparagraph 
                                        (A) if such investment otherwise 
                                        complies with the requirements 
                                        under this paragraph and section 
                                        216A.
                          ``(iv) <<NOTE: Effective date. Time period.>>  
                      Removal of conditions.--Aliens described in 
                      subclauses (I)(bb) and (II) of clause (ii) shall 
                      be eligible to have their conditions removed 
                      pursuant to section 216A beginning on the date 
                      that is 2 years after the date of the subsequent 
                      investment.
                          ``(v) Remedies.--For petitions approved under 
                      clause (ii), including following an amendment 
                      filed under clause (iii), the Secretary--
                                    ``(I) shall retain the immigrant 
                                visa priority date related to the 
                                original petition and prevent age-out of 
                                derivative beneficiaries; and
                                    ``(II) may hold such petition in 
                                abeyance and extend any applicable 
                                deadlines under this paragraph.
                          ``(vi) Exception.--If the Secretary has reason 
                      to believe that an alien was a knowing participant 
                      in the conduct that led to the termination of a 
                      regional center, new commercial enterprise, or 
                      job-creating entity described in clause (i)--
                                    ``(I) the alien shall not be 
                                accorded any benefit under this 
                                subparagraph; and
                                    ``(II) the Secretary shall--
                                            
                                        ``(aa) <<NOTE: Notification.>>  
                                        notify the alien of such belief; 
                                        and
                                            ``(bb) subject to section 
                                        216A(b)(2), shall deny or 
                                        initiate proceedings to revoke 
                                        the approval of such alien's 
                                        petition, application, or 
                                        benefit (and that of any spouse 
                                        or child, if applicable) 
                                        described in this paragraph.
                    ``(N) Threats to the national interest.--
                          ``(i) Denial or revocation.--The Secretary of 
                      Homeland Security shall deny or revoke the 
                      approval of a petition, application, or benefit 
                      described in this paragraph, including the 
                      documents described in clause

[[Page 136 STAT. 1096]]

                      (ii), if the Secretary determines, in the 
                      Secretary's discretion, that the approval of such 
                      petition, application, or benefit is contrary to 
                      the national interest of the United States for 
                      reasons relating to threats to public safety or 
                      national security.
                          ``(ii) Documents.--The documents described in 
                      this clause are--
                                    ``(I) <<NOTE: Certification.>>  a 
                                certification, designation, or amendment 
                                to the designation of a regional center;
                                    ``(II) a petition seeking 
                                classification of an alien as an alien 
                                investor under this paragraph;
                                    ``(III) a petition to remove 
                                conditions under section 216A;
                                    ``(IV) an application for approval 
                                of a business plan in a new commercial 
                                enterprise under subparagraph (F); or
                                    ``(V) a document evidencing 
                                conditional permanent resident status 
                                that was issued to an alien pursuant to 
                                section 216A.
                          ``(iii) Debarment. <<NOTE: Determination.>> --
                      If a regional center, new commercial enterprise, 
                      or job-creating entity has its designation or 
                      participation in the program under this paragraph 
                      terminated for reasons relating to public safety 
                      or national security, any person associated with 
                      such regional center, new commercial enterprise, 
                      or job-creating entity, including an alien 
                      investor, shall be permanently barred from future 
                      participation in the program under this paragraph 
                      if the Secretary of Homeland Security, in the 
                      Secretary's discretion, determines, by a 
                      preponderance of the evidence, that such person 
                      was a knowing participant in the conduct that led 
                      to the termination.
                          ``(iv) <<NOTE: Determination.>>  Notice.--If 
                      the Secretary of Homeland Security determines that 
                      the approval of a petition, application, or 
                      benefit described in this paragraph should be 
                      denied or revoked pursuant to clause (i), the 
                      Secretary shall--
                                    ``(I) notify the relevant 
                                individual, regional center, or 
                                commercial entity of such determination;
                                    ``(II) deny or revoke such petition, 
                                application, or benefit or terminate the 
                                permanent resident status of the alien 
                                (and the alien spouse and alien children 
                                of such immigrant), as of the date of 
                                such determination; and
                                    ``(III) provide any United States-
                                owned regional center, new commercial 
                                enterprise, or job creating entity an 
                                explanation for such determination 
                                unless the relevant information is 
                                classified or disclosure is otherwise 
                                prohibited under law.
                          ``(v) Judicial review.--Notwithstanding any 
                      other provision of law (statutory or 
                      nonstatutory), including section 2241 of title 28, 
                      United States Code, or any other habeas corpus 
                      provision, and sections 1361 and 1651 of such 
                      title, no court shall have jurisdiction to review 
                      a denial or revocation under this subparagraph. 
                      Nothing in this clause may be construed as 
                      precluding review of constitutional claims or 
                      questions

[[Page 136 STAT. 1097]]

                      of law raised upon a petition for review filed 
                      with an appropriate court of appeals in accordance 
                      with section 242.
                    ``(O) <<NOTE: Determinations.>>  Fraud, 
                misrepresentation, and criminal misuse.--
                          ``(i) Denial or revocation.--Subject to 
                      subparagraph (M), the Secretary of Homeland 
                      Security shall deny or revoke the approval of a 
                      petition, application, or benefit described in 
                      this paragraph, including the documents described 
                      in subparagraph (N)(ii), if the Secretary 
                      determines, in the Secretary's discretion, that 
                      such petition, application, or benefit was 
                      predicated on or involved fraud, deceit, 
                      intentional material misrepresentation, or 
                      criminal misuse.
                          ``(ii) Debarment.--If a regional center, new 
                      commercial enterprise, or job-creating entity has 
                      its designation or participation in the program 
                      under this paragraph terminated for reasons 
                      relating to fraud, intentional material 
                      misrepresentation, or criminal misuse, any person 
                      associated with such regional center, new 
                      commercial enterprise, or job-creating entity, 
                      including an alien investor, shall be permanently 
                      barred from future participation in the program if 
                      the Secretary determines, in the Secretary's 
                      discretion, by a preponderance of the evidence, 
                      that such person was a knowing participant in the 
                      conduct that led to the termination.
                          ``(iii) Notice.--If the Secretary determines 
                      that the approval of a petition, application, or 
                      benefit described in this paragraph should be 
                      denied or revoked pursuant to clause (i), the 
                      Secretary shall--
                                    ``(I) notify the relevant 
                                individual, regional center, or 
                                commercial entity of such determination; 
                                and
                                    ``(II) deny or revoke such petition, 
                                application, or benefit or terminate the 
                                permanent resident status of the alien 
                                (and the alien spouse and alien children 
                                of such immigrant), in accordance with 
                                clause (i), as of the date of such 
                                determination.
                    ``(P) Administrative appellate review.--
                          ``(i) In general.--The Director of U.S. 
                      Citizenship and Immigration Services shall provide 
                      an opportunity for an administrative appellate 
                      review by the Administrative Appeals Office of 
                      U.S. Citizenship and Immigration Services of any 
                      determination made under this paragraph, 
                      including--
                                    ``(I) an application for regional 
                                center designation or regional center 
                                amendment;
                                    ``(II) an application for approval 
                                of a business plan filed under 
                                subparagraph (F);
                                    ``(III) a petition by an alien 
                                investor for status as an immigrant 
                                under this paragraph;
                                    ``(IV) the termination or suspension 
                                of any benefit accorded under this 
                                paragraph; and
                                    ``(V) any sanction imposed by the 
                                Secretary under this paragraph.

[[Page 136 STAT. 1098]]

                          ``(ii) Judicial review.--Subject to 
                      subparagraph (N)(v) and section 242(a)(2), and 
                      notwithstanding any other provision of law 
                      (statutory or nonstatutory), including section 
                      2241 of title 28, United States Code, or any other 
                      habeas corpus provision, and sections 1361 and 
                      1651 of such title, no court shall have 
                      jurisdiction to review a determination under this 
                      paragraph until the regional center, its 
                      associated entities, or the alien investor has 
                      exhausted all administrative appeals.
                    ``(Q) Fund administration.--
                          ``(i) In general.--Each new commercial 
                      enterprise shall deposit and maintain the capital 
                      investment of each alien investor in a separate 
                      account, including amounts held in escrow.
                          ``(ii) Use of funds.--Amounts in a separate 
                      account may only--
                                    ``(I) be transferred to another 
                                separate account or a job creating 
                                entity;
                                    ``(II) otherwise be deployed into 
                                the capital investment project for which 
                                the funds were intended; or
                                    ``(III) be transferred to the alien 
                                investor who contributed the funds as a 
                                refund of that investor's capital 
                                investment, if otherwise permitted under 
                                this paragraph.
                          ``(iii) Deployment of funds into an affiliated 
                      job-creating entity.--If amounts are transferred 
                      to an affiliated job-creating entity pursuant to 
                      clause (ii)(I)--
                                    ``(I) the affiliated job-creating 
                                entity shall maintain such amounts in a 
                                separate account until they are deployed 
                                into the capital investment project for 
                                which they were intended; and
                                    
                                ``(II) <<NOTE: Deadline. Notification. Ve
                                rification.>>  not later than 30 days 
                                after such amounts are deployed pursuant 
                                to subclause (I), the affiliated job-
                                creating entity shall provide written 
                                notice to the fund administrator 
                                retained pursuant to clause (iv) that a 
                                construction consultant or other 
                                individual authorized by the Secretary 
                                has verified that such amounts have been 
                                deployed into the project.
                          ``(iv) Fund administrator.--Except as provided 
                      in clause (v), the new commercial enterprise shall 
                      retain a fund administrator to fulfill the 
                      requirements under this subparagraph. The fund 
                      administrator--
                                    ``(I) shall be independent of, and 
                                not directly related to, the new 
                                commercial enterprise, the regional 
                                center associated with the new 
                                commercial enterprise, the job creating 
                                entity, or any of the principals or 
                                managers of such entities;
                                    ``(II) shall be licensed, active, 
                                and in good standing as--
                                            ``(aa) a certified public 
                                        accountant;
                                            ``(bb) an attorney;

[[Page 136 STAT. 1099]]

                                            ``(cc) a broker-dealer or 
                                        investment adviser registered 
                                        with the Securities and Exchange 
                                        Commission; or
                                            ``(dd) an individual or 
                                        company that otherwise meets 
                                        such requirements as may be 
                                        established by the Secretary;
                                    ``(III) shall monitor and track any 
                                transfer of amounts from the separate 
                                account;
                                    ``(IV) shall serve as a cosignatory 
                                on all separate accounts;
                                    ``(V) before any transfer of amounts 
                                from a separate account, shall--
                                            
                                        ``(aa) <<NOTE: Verification. Comp
                                        liance.>>  verify that the 
                                        transfer complies with all 
                                        governing documents, including 
                                        organizational, operational, and 
                                        investment documents; and
                                            ``(bb) <<NOTE: Approval.>>  
                                        approve such transfer with a 
                                        written or electronic signature;
                                    ``(VI) shall periodically provide 
                                each alien investor with information 
                                about the activity of the account in 
                                which the investor's capital investment 
                                is held, including--
                                            ``(aa) the name and location 
                                        of the bank or financial 
                                        institution at which the account 
                                        is maintained;
                                            ``(bb) the history of the 
                                        account; and
                                            ``(cc) any additional 
                                        information required by the 
                                        Secretary; and
                                    ``(VII) <<NOTE: Time 
                                period. Records. Compliance.>>  shall 
                                make and preserve, during the 5-year 
                                period beginning on the last day of the 
                                Federal fiscal year in which any 
                                transactions occurred, books, ledgers, 
                                records, and other documentation 
                                necessary to comply with this clause, 
                                which shall be provided to the Secretary 
                                upon request.
                          ``(v) Waiver.--
                                    
                                ``(I) <<NOTE: Consultation. Determination
                                .>>  Waiver permitted.--The Secretary of 
                                Homeland Security, after consultation 
                                with the Securities and Exchange 
                                Commission, may waive the requirements 
                                under clause (iv) for any new commercial 
                                enterprise or affiliated job-creating 
                                entity that is controlled by or under 
                                common control of an investment adviser 
                                or broker-dealer that is registered with 
                                the Securities and Exchange Commission 
                                if the Secretary, in the Secretary's 
                                discretion, determines that the 
                                Securities and Exchange Commission 
                                provides comparable protections and 
                                transparency for alien investors as the 
                                protections and transparency provided 
                                under clause (iv).
                                    ``(II) Waiver required.--The 
                                Secretary of Homeland Security shall 
                                waive the requirements under clause (iv) 
                                for any new commercial enterprise that 
                                commissions an annual independent 
                                financial audit of such new commercial 
                                enterprise or job creating entity 
                                conducted in accordance with Generally 
                                Accepted Auditing Standards, which

[[Page 136 STAT. 1100]]

                                audit shall be provided to the Secretary 
                                and all investors in the new commercial 
                                enterprise.
                          ``(vi) Defined term.--In this subparagraph, 
                      the term `separate account' means an account 
                      that--
                                    ``(I) is maintained in the United 
                                States by a new commercial enterprise or 
                                job creating entity at a federally 
                                regulated bank or at another financial 
                                institution (as defined in section 20 of 
                                title 18, United States Code) in the 
                                United States;
                                    ``(II) is insured; and
                                    ``(III) contains only the pooled 
                                investment funds of alien investors in a 
                                new commercial enterprise with respect 
                                to a single capital investment 
                                project.''.
            (2) <<NOTE: 8 USC 1153 note.>>  Effective date.--The 
        amendment made by this subsection shall take effect on the date 
        that is 60 days after the date of the enactment of this Act.

    (c) Required Checks.--
            (1) In general.--Section 203(b)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)(5)), as amended by subsection 
        (b), is further amended by adding at the end the following:
                    ``(R) Required checks.--Any petition filed by an 
                alien under section 204(a)(1)(H) may not be approved 
                under this paragraph unless the Secretary of Homeland 
                Security has searched for the alien and any associated 
                employer of such alien on the Specially Designated 
                Nationals List of the Department of the Treasury Office 
                of Foreign Assets Control.''.
            (2) <<NOTE: 8 USC 1153 note.>>  Effective date.--The 
        amendment made by this subsection shall take effect on the date 
        of the enactment of this Act.
SEC. 104. CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIEN 
                        INVESTORS, SPOUSES, AND CHILDREN.

    (a) In General.--Section 216A of the Immigration and Nationality Act 
(8 U.S.C. 1186b) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears (except in subsection (d)(2)(C)) and inserting 
        ``Secretary of Homeland Security'';
            (2) by striking ``entrepreneur'' each place such term 
        appears and inserting ``investor'';
            (3) in subsection (a), by amending paragraph (1) to read as 
        follows:
            ``(1) Conditional basis for status.--An alien investor, 
        alien spouse, and alien child shall be considered, at the time 
        of obtaining status as an alien lawfully admitted for permanent 
        residence, to have obtained such status on a conditional basis 
        subject to the provisions of this section.'';
            (4) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Entrepreneurship'' and inserting ``Investment''; and
                    (B) by amending paragraph (1)(B) to read as follows:
                    ``(B) the alien did not invest the requisite 
                capital; or'';
            (5) in subsection (c)--
                    (A) in the subsection heading, by striking ``of 
                Timely Petition and Interview'';
                    (B) in paragraph (1)--

[[Page 136 STAT. 1101]]

                          (i) in the matter preceding subparagraph (A), 
                      by striking ``In order'' and inserting ``Except as 
                      provided in paragraph (3)(D), in order'';
                          (ii) in subparagraph (A)--
                                    (I) by striking ``must'' and 
                                inserting ``shall''; and
                                    (II) by striking ``, and'' and 
                                inserting a semicolon;
                          (iii) in subparagraph (B)--
                                    (I) by striking ``must'' and 
                                inserting ``shall'';
                                    (II) by striking ``Service'' and 
                                inserting ``Department of Homeland 
                                Security''; and
                                    (III) by striking the period at the 
                                end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(C) the Secretary shall have performed a site 
                visit to the relevant corporate office or business 
                location described in section 203(b)(5)(F)(iv).''; and
                    (C) in paragraph (3)--
                          (i) in subparagraph (A), in the undesignated 
                      matter following clause (ii), by striking ``the'' 
                      before ``such filing''; and
                          (ii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) Removal or extension of conditional basis.--
                          ``(i) <<NOTE: Determination. Compliance.>>  In 
                      general.--Except as provided in clause (ii), if 
                      the Secretary determines that the facts and 
                      information contained in a petition submitted 
                      under paragraph (1)(A) are true, including 
                      demonstrating that the alien complied with 
                      subsection (d)(1)(B)(i), the Secretary shall--
                                    ``(I) <<NOTE: Notification.>>  
                                notify the alien involved of such 
                                determination; and
                                    ``(II) remove the conditional basis 
                                of the alien's status effective as of 
                                the second anniversary of the alien's 
                                lawful admission for permanent 
                                residence.
                          ``(ii) Exception. <<NOTE: Time 
                      period. Extension.>> --If the petition 
                      demonstrates that the facts and information are 
                      true and that the alien is in compliance with 
                      subsection (d)(1)(B)(ii)--
                                    ``(I) the Secretary, in the 
                                Secretary's discretion, may provide a 1-
                                year extension of the alien's 
                                conditional status; and
                                    
                                ``(II)(aa) <<NOTE: Petition. Deadline. Ef
                                fective date.>>  if the alien files a 
                                petition not later than 30 days after 
                                the third anniversary of the alien's 
                                lawful admission for permanent residence 
                                demonstrating that the alien complied 
                                with subsection (d)(1)(B)(i), the 
                                Secretary shall remove the conditional 
                                basis of the alien's status effective as 
                                of such third anniversary; or
                                    ``(bb) <<NOTE: Termination.>>  if 
                                the alien does not file the petition 
                                described in item (aa), the conditional 
                                status shall terminate at the end of 
                                such additional year.'';
            (6) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) by amending subparagraph (A) to read as 
                      follows:

[[Page 136 STAT. 1102]]

                    ``(A) invested the requisite capital;'';
                          (ii) by redesignating subparagraph (B) as 
                      subparagraph (C); and
                          (iii) by inserting after subparagraph (A) the 
                      following:
                    ``(B)(i) created the employment required under 
                section 203(b)(5)(A)(ii); or
                    ``(ii) is actively in the process of creating the 
                employment required under section 203(b)(5)(A)(ii) and 
                will create such employment before the third anniversary 
                of the alien's lawful admission for permanent residence, 
                provided that such alien's capital will remain invested 
                during such time; and'';
                    (B) in paragraph (2), by amending subparagraph (A) 
                to read as follows:
                    ``(A) Ninety-day period before second anniversary.--
                          ``(i) In general.--Except as provided in 
                      clause (ii) and subparagraph (B), a petition under 
                      subsection (c)(1)(A) shall be filed during the 90-
                      day period immediately preceding the second 
                      anniversary of the alien investor's lawful 
                      admission for permanent residence.
                          ``(ii) Exception.--Aliens described in 
                      subclauses (I)(bb) and (II) of section 
                      203(b)(5)(M)(ii) shall file a petition under 
                      subsection (c)(1)(A) during the 90-day period 
                      before the second anniversary of the subsequent 
                      investment.''; and
                    (C) in paragraph (3)--
                          (i) by striking ``The interview'' and 
                      inserting the following:
                    ``(A) In general.--The interview'';
                          (ii) by striking ``Service'' and inserting 
                      ``Department of Homeland Security''; and
                          (iii) by striking the last sentence and 
                      inserting the following:
                    ``(B) <<NOTE: Criteria. Consultation.>>  Waiver.--
                The Secretary of Homeland Security, in the Secretary's 
                discretion, may waive the deadline for an interview 
                under subsection (c)(1)(B) or the requirement for such 
                an interview according to criteria developed by U.S. 
                Citizenship and Immigration Services, in consultation 
                with its Fraud Detection and National Security 
                Directorate and U.S. Immigration and Customs 
                Enforcement, provided that such criteria do not include 
                a reduction of case processing times or the allocation 
                of adjudicatory resources. A waiver may not be granted 
                under this subparagraph if the alien to be interviewed--
                          ``(i) invested in a regional center, new 
                      commercial enterprise, or job-creating entity that 
                      was sanctioned under section 203(b)(5); or
                          ``(ii) <<NOTE: Determination.>>  is in a class 
                      of aliens determined by the Secretary to be 
                      threats to public safety or national security.''; 
                      and
            (7) in subsection (f)(3), by striking ``a limited 
        partnership'' and inserting ``any entity formed for the purpose 
        of doing for-profit business''.

    (b) <<NOTE: 8 USC 1186b note.>>  Effective Dates.--

[[Page 136 STAT. 1103]]

            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsection (a) shall take effect on the date 
        of the enactment of this Act.
            (2) Exceptions.--
                    (A) Site visits.--The amendment made by subsection 
                (a)(5)(B)(iv) shall take effect on the date that is 2 
                years after the date of the enactment of this Act.
                    (B) Petition beneficiaries.--The amendments made by 
                subsection (a) shall not apply to the beneficiary of a 
                petition that is filed under section 216A of the 
                Immigration and Nationality Act (8 U.S.C. 1186b) if the 
                underlying petition was filed under section 203(b)(5) of 
                such Act (8 U.S.C. 1153(b)(5)) before the date of the 
                enactment of this Act.
SEC. 105. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

    (a) Filing Order and Eligibility.--Section 204(a)(1)(H) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) is amended to 
read as follows:
    ``(H)(i) <<NOTE: Petitions.>>  Any alien seeking classification 
under section 203(b)(5) may file a petition for such classification with 
the Secretary of Homeland Security. An alien seeking to pool his or her 
investment with 1 or more additional aliens seeking classification under 
section 203(b)(5) shall file for such classification in accordance with 
section 203(b)(5)(E), or before the date of the enactment of the EB-5 
Reform and Integrity Act of 2022, in accordance with section 203(b)(5). 
An alien petitioning for classification under section 203(b)(5)(E) may 
file a petition with the Secretary after a regional center has filed an 
application for approval of an investment under section 203(b)(5)(F).

    ``(ii) A petitioner described in clause (i) shall establish 
eligibility at the time he or she files a petition for classification 
under section 203(b)(5). A petitioner who was eligible for such 
classification at the time of such filing shall be deemed eligible for 
such classification at the time such petition is adjudicated, subject to 
the approval of the petitioner's associated application under section 
203(b)(5)(F), if applicable.''.
    (b) <<NOTE: 8 USC 1154 note.>>  Effective Dates.--
            (1) In general.--The amendment made by subsection (a) shall 
        take effect on the date of the enactment of this Act.
            (2) Applicability to petitions.--Section 204(a)(1)(H)(i) of 
        the Immigration and Nationality Act, as added by subsection (a), 
        shall apply to any petition for classification pursuant to 
        section 203(b)(5)(E) of such Act (8 U.S.C. 1153(b)(5)(E)) that 
        is filed with the Secretary of Homeland Security on or after the 
        date of the enactment of this Act.

    (c) <<NOTE: 8 USC 1153 note.>>  Adjudication of Petitions.--The 
Secretary of Homeland Security shall continue to adjudicate petitions 
and benefits under sections 203(b)(5) and 216A of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) during the 
implementation of this Act and the amendments made by this Act.
SEC. 106. <<NOTE: 8 USC 1153 note.>>  TIMELY PROCESSING.

    (a) Fee Study. <<NOTE: Deadline.>> --Not later than 1 year after the 
date of the enactment of this Act, the Director of U.S. Citizenship and 
Immigration Services shall complete a study of fees charged in the 
administration of the program described in sections 203(b)(5) and 216A

[[Page 136 STAT. 1104]]

of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).

    (b) <<NOTE: Deadlines.>>  Adjustment of Fees To Achieve Efficient 
Processing.--Notwithstanding section 286(m) of the Immigration and 
Nationality Act (8 U.S.C. 1356(m)), and except as provided under 
subsection (c), the Director, not later than 60 days after the 
completion of the study under subsection (a), shall set fees for 
services provided under sections 203(b)(5) and 216A of such Act (8 
U.S.C. 1153(b)(5) and 1186b) at a level sufficient to ensure the full 
recovery only of the costs of providing such services, including the 
cost of attaining the goal of completing adjudications, on average, not 
later than--
            (1) 180 days after receiving a proposal for the 
        establishment of a regional center described in section 
        203(b)(5)(E) of such Act;
            (2) 180 days after receiving an application for approval of 
        an investment in a new commercial enterprise described in 
        section 203(b)(5)(F) of such Act;
            (3) 90 days after receiving an application for approval of 
        an investment in a new commercial enterprise described in 
        section 203(b)(5)(F) of such Act that is located in a targeted 
        employment area (as defined in section 203(b)(5)(D) of such 
        Act);
            (4) 240 days after receiving a petition from an alien 
        desiring to be classified under section 203(b)(5)(E) of such 
        Act;
            (5) 120 days after receiving a petition from an alien 
        desiring to be classified under section 203(b)(5)(E) of such Act 
        with respect to an investment in a targeted employment area (as 
        defined in section 203(b)(5)(D) of such Act); and
            (6) 240 days after receiving a petition from an alien for 
        removal of conditions described in section 216A(c) of such Act.

    (c) Additional Fees.--Fees in excess of the fee levels described in 
subsection (b) may be charged only--
            (1) in an amount that is equal to the amount paid by all 
        other classes of fee-paying applicants for immigration-related 
        benefits, to contribute to the coverage or reduction of the 
        costs of processing or adjudicating classes of immigration 
        benefit applications that Congress, or the Secretary of Homeland 
        Security in the case of asylum applications, has authorized to 
        be processed or adjudicated at no cost or at a reduced cost to 
        the applicant; and
            (2) in an amount that is not greater than 1 percent of the 
        fee for filing a petition under section 203(b)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), to make 
        improvements to the information technology systems used by the 
        Secretary of Homeland Security to process, adjudicate, and 
        archive applications and petitions under such section, including 
        the conversion to electronic format of documents filed by 
        petitioners and applicants for benefits under such section.

    (d) Exemption From Paperwork Reduction Act. <<NOTE: Time 
period. Determination.>> --During the 1-year period beginning on the 
date of the enactment of this Act, the requirements under chapter 35 of 
title 44, United States Code, shall not apply to any collection of 
information required under this division, any amendment made by this 
division, or any rule promulgated by the Secretary of Homeland Security 
to implement this division or the amendments made by this division, to 
the extent that the Secretary determines that compliance with such

[[Page 136 STAT. 1105]]

requirements would impede the expeditious implementation of this 
division or the amendments made by this division.

    (e) Rule of Construction Regarding Adjudication Delays.--Nothing in 
this division may be construed to limit the authority of the Secretary 
of Homeland Security to suspend the adjudication of any application or 
petition under section 203(b)(5) or 216A of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) pending the completion 
of a national security or law enforcement investigation relating to such 
application or petition.
    (f) Rule of Construction Regarding Modification of Fees.--Nothing in 
this section may be construed to require any modification of fees before 
the completion of--
            (1) the fee study described in subsection (a); or
            (2) regulations promulgated by the Secretary of Homeland 
        Security, in accordance with subchapter II of chapter 5 and 
        chapter 7 of title 5, United States Code (commonly known as the 
        ``Administrative Procedure Act''), to carry out subsections (b) 
        and (c).
SEC. 107. <<NOTE: 8 USC 1153a.>>  TRANSPARENCY.

    (a) In General.--Employees of the Department of Homeland Security, 
including the Secretary of Homeland Security, the Secretary's 
counselors, the Assistant Secretary for the Private Sector, the Director 
of U.S. Citizenship and Immigration Services, counselors to such 
Director, and the Chief of the Immigrant Investor Programs Office (or 
any successor to such Office) at U.S. Citizenship and Immigration 
Services, shall act impartially and may not give preferential treatment 
to any entity, organization, or individual in connection with any aspect 
of the immigrant visa program described in section 203(b)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)).
    (b) Improper Activities.--Activities that constitute preferential 
treatment under subsection (a) shall include--
            (1) working on, or in any way attempting to influence, in a 
        manner not available to or accorded to all other petitioners, 
        applicants, and seekers of benefits under the immigrant visa 
        program referred to in subsection (a), the standard processing 
        of an application, petition, or benefit for--
                    (A) a regional center;
                    (B) a new commercial enterprise;
                    (C) a job-creating entity; or
                    (D) any person or entity associated with such 
                regional center, new commercial enterprise, or job-
                creating entity; and
            (2) meeting or communicating with persons associated with 
        the entities listed in paragraph (1), at the request of such 
        persons, in a manner not available to or accorded to all other 
        petitioners, applicants, and seekers of benefits under such 
        immigrant visa program.

    (c) Reporting of Communications.--
            (1) Written communication. <<NOTE: Records.>> --Employees of 
        the Department of Homeland Security, including the officials 
        listed in subsection (a), shall include, in the record of 
        proceeding for a case under section 203(b)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1153(b)(5)), actual or electronic 
        copies of all case-specific written communication, including 
        emails from

[[Page 136 STAT. 1106]]

        government and private accounts, with non-Department persons or 
        entities advocating for regional center applications or 
        individual petitions under such section that are pending on or 
        after the date of the enactment of this Act (other than routine 
        communications with other agencies of the Federal Government 
        regarding the case, including communications involving 
        background checks and litigation defense).
            (2) Oral communication.--If substantive oral communication, 
        including telephonic communication, virtual communication, or 
        in-person meetings, takes place between officials of the 
        Department of Homeland Security and non-Department persons or 
        entities advocating for regional center applications or 
        individual petitions under section 203(b)(5) of such Act that 
        are pending on or after the date of the enactment of this Act 
        (except communications exempted under paragraph (1))--
                    (A) the conversation shall be recorded; or
                    (B) detailed minutes of the session shall be taken 
                and included in the record of proceeding.
            (3) Notification.--
                    (A) In general.--If the Secretary, in the course of 
                written or oral communication described in this 
                subsection, receives evidence about a specific case from 
                anyone other than an affected party or his or her 
                representative (excluding Federal Government or law 
                enforcement sources), such information may not be made 
                part of the record of proceeding and may not be 
                considered in adjudicative proceedings unless--
                          (i) the affected party has been given notice 
                      of such evidence; and
                          (ii) if such evidence is derogatory, the 
                      affected party has been given an opportunity to 
                      respond to the evidence.
                    (B) Information from law enforcement, intelligence 
                agencies, or confidential sources.--
                          (i) Law enforcement or intelligence 
                      agencies.--Evidence received from law enforcement 
                      or intelligence agencies may not be made part of 
                      the record of proceeding without the consent of 
                      the relevant agency or law enforcement entity.
                          (ii) Whistleblowers, confidential sources, or 
                      intelligence agencies.--Evidence received from 
                      whistleblowers, other confidential sources, or the 
                      intelligence community that is included in the 
                      record of proceeding and considered in 
                      adjudicative proceedings shall be handled in a 
                      manner that does not reveal the identity of the 
                      whistleblower or confidential source, or reveal 
                      classified information.

    (d) Consideration of Evidence.--
            (1) In general.--No case-specific communication with persons 
        or entities that are not part of the Department of Homeland 
        Security may be considered in the adjudication of an application 
        or petition under section 203(b)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)(5)) unless the communication 
        is included in the record of proceeding of the case.
            (2) Waiver.--The Secretary of Homeland Security may waive 
        the requirement under paragraph (1) only in the interests

[[Page 136 STAT. 1107]]

        of national security or for investigative or law enforcement 
        purposes.

    (e) Channels of Communication.--
            (1) Email address or equivalent.--The Director of U.S. 
        Citizenship and Immigration Services shall maintain an email 
        account (or equivalent means of communication) for persons or 
        entities--
                    (A) with inquiries regarding specific petitions or 
                applications under the immigrant visa program described 
                in section 203(b)(5) of the Immigration and Nationality 
                Act (8 U.S.C. 1153(b)(5)); or
                    (B) seeking information that is not case-specific 
                about the immigrant visa program described in such 
                section 203(b)(5).
            (2) Communication only through appropriate channels or 
        offices.--
                    (A) Announcement of appropriate channels of 
                communication. <<NOTE: Deadline.>> --Not later than 40 
                days after the date of the enactment of this Act, the 
                Director of U.S. Citizenship and Immigration Services 
                shall announce that the only channels or offices by 
                which industry stakeholders, petitioners, applicants, 
                and seekers of benefits under the immigrant visa program 
                described in section 203(b)(5) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(b)(5)) may communicate 
                with the Department of Homeland Security regarding 
                specific cases under such section (except for 
                communication made by applicants and petitioners 
                pursuant to regular adjudicatory procedures), or 
                information that is not case-specific about the visa 
                program applicable to certain cases under such section, 
                are through--
                          (i) the email address or equivalent channel 
                      described in paragraph (1);
                          (ii) the National Customer Service Center, or 
                      any successor to such Center; or
                          (iii) the Office of Public Engagement, 
                      Immigrant Investor Program Office, including the 
                      Stakeholder Engagement Branch, or any successors 
                      to those Offices or that Branch.
                    (B) Direction of incoming communications.--
                          (i) In general.--Employees of the Department 
                      of Homeland Security shall direct communications 
                      described in subparagraph (A) to the channels of 
                      communication or offices listed in clauses (i) 
                      through (iii) of subparagraph (A).
                          (ii) Rule of construction.--Nothing in this 
                      subparagraph may be construed to prevent--
                                    (I) any person from communicating 
                                with the Ombudsman of U.S. Citizenship 
                                and Immigration Services regarding the 
                                immigrant investor program under section 
                                203(b)(5) of the Immigration and 
                                Nationality Act (8 U.S.C. 1153(b)(5)); 
                                or
                                    (II) the Ombudsman from resolving 
                                problems regarding such immigrant 
                                investor program pursuant to the 
                                authority granted under section 452 of 
                                the Homeland Security Act of 2002 (6 
                                U.S.C. 272).

[[Page 136 STAT. 1108]]

                    (C) Log.--
                          (i) In general.--The Director of U.S. 
                      Citizenship and Immigration Services shall 
                      maintain a written or electronic log of--
                                    (I) all communications described in 
                                subparagraph (A) and communications from 
                                Members of Congress, which shall 
                                reference the date, time, and subject of 
                                the communication, and the identity of 
                                the Department official, if any, to whom 
                                the inquiry was forwarded;
                                    (II) with respect to written 
                                communications described in subsection 
                                (c)(1), the date on which the 
                                communication was received, the 
                                identities of the sender and addressee, 
                                and the subject of the communication; 
                                and
                                    (III) with respect to oral 
                                communications described in subsection 
                                (c)(2), the date on which the 
                                communication occurred, the participants 
                                in the conversation or meeting, and the 
                                subject of the communication.
                          (ii) <<NOTE: Public information.>>  
                      Transparency.--The log of communications described 
                      in clause (i) shall be made publicly available in 
                      accordance with section 552 of title 5, United 
                      States Code (commonly known as the ``Freedom of 
                      Information Act'').
            (3) <<NOTE: Web posting. Deadline.>>  Publication of 
        information.--Not later than 30 days after a person or entity 
        inquiring about a specific case or generally about the immigrant 
        visa program described in section 203(b)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1153(b)(5)) receives, as a result 
        of a communication with an official of the Department of 
        Homeland Security, generally applicable information that is not 
        case-specific about program requirements or administration that 
        has not been made publicly available by the Department, the 
        Director of U.S. Citizenship and Immigration Services shall 
        publish such information on the U.S. Citizenship and Immigration 
        Services website as an update to the relevant Frequently Asked 
        Questions page or by some other comparable mechanism.

    (f) Penalty.--
            (1) In general.--Any person who intentionally violates the 
        prohibition on preferential treatment under this section or 
        intentionally violates the reporting requirements under 
        subsection (c) shall be disciplined in accordance with paragraph 
        (2).
            (2) Sanctions. <<NOTE: Deadline.>> --Not later than 90 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall establish a graduated set of sanctions 
        based on the severity of the violation referred to in paragraph 
        (1), which may include, in addition to any criminal or civil 
        penalties that may be imposed, written reprimand, suspension, 
        demotion, or removal.

    (g) Rule of Construction Regarding Classified Information.--Nothing 
in this section may be construed to modify any law, regulation, or 
policy regarding the handling or disclosure of classified information.
    (h) Rule of Construction Regarding Private Right of Action.--Nothing 
in this section may be construed to create or

[[Page 136 STAT. 1109]]

authorize a private right of action to challenge a decision of an 
employee of the Department of Homeland Security.
    (i) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the date of the enactment of this Act.
SEC. 108. PROTECTION FROM EXPIRED LEGISLATION.

    Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(5)), as amended by sections 102 and 103 of this division, is 
further amended by adding at the end the following:
                    ``(S) Protection from expired legislation.--
                Notwithstanding the expiration of legislation 
                authorizing the regional center program under 
                subparagraph (E), the Secretary of Homeland Security--
                          ``(i) <<NOTE: Effective date.>>  shall 
                      continue processing petitions under sections 
                      204(a)(1)(H) and 216A based on an investment in a 
                      new commercial enterprise associated with a 
                      regional center that were filed on or before 
                      September 30, 2026;
                          ``(ii) may not deny a petition described in 
                      clause (i) based on the expiration of such 
                      legislation; and
                          ``(iii) may not suspend or terminate the 
                      allocation of visas to the beneficiaries of 
                      approved petitions described in clause (i).''.

   DIVISION CC <<NOTE: Burial Equity for Guards and Reserves Act.>> --
BURIAL EQUITY FOR GUARDS AND RESERVES ACT
SEC. 101. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This division may be cited as the ``Burial Equity for Guards and 
Reserves Act''.
SEC. 102. PROHIBITIONS ON RESTRICTING INTERMENT OF CERTAIN 
                        INDIVIDUALS IN CERTAIN STATE VETERANS' 
                        CEMETERIES.

    (a) Grants.--Section 2408 of title 38, United States Code, is 
amended--
            (1) in subsection (d)(2), by striking ``The Secretary may'' 
        and inserting ``Except as provided in subsection (i), the 
        Secretary may'';
            (2) by redesignating subsection (i) as subsection (k); and
            (3) by inserting after subsection (h) the following new 
        subsections:

    ``(i)(1) The Secretary may not establish a condition for a grant 
under this section that restricts the ability of a State receiving such 
a grant to inter in a veterans' cemetery owned by that State any 
individual described in paragraph (2) solely by reason of the 
ineligibility of such individual for burial in an open national cemetery 
under the control of the National Cemetery Administration under section 
2402(a) of this title.
    ``(2) An individual described in this paragraph is the following:
            ``(A) Any member of a reserve component of the Armed Forces 
        who was discharged or released from service under conditions 
        other than dishonorable or whose death occurs under conditions 
        other than dishonorable while a member of such a reserve 
        component.

[[Page 136 STAT. 1110]]

            ``(B) Any member of the Army National Guard or the Air 
        National Guard who was discharged or released from service under 
        conditions other than dishonorable or whose death occurs under 
        conditions other than dishonorable while a member of the Army 
        National Guard or the Air National Guard.
            ``(C) Any member of the Reserve Officers' Training Corps of 
        the Army, Navy, or Air Force whose death occurs under conditions 
        other than dishonorable while a member of the Reserve Officers' 
        Training Corps of the Army, Navy, or Air Force.
            ``(D) Any spouse of any member described in subparagraphs 
        (A) through (C).
            ``(E) Any minor child or unmarried adult child (as such 
        terms are defined in section 2402(a) of this title) of any 
        member described in subparagraphs (A) through (C).

    ``(j) The Secretary may not deny an application for a grant under 
this section solely on the basis that the State receiving such grant may 
use funds from such grant to expand, improve, operate, or maintain a 
veterans' cemetery in which interment of individuals described in 
subsection (i)(2) is allowed.''.
    (b) <<NOTE: 38 USC 2408 note.>>  Prohibition on Enforcing Certain 
Conditions on Grants for State Veterans' Cemeteries.--The Secretary of 
Veterans Affairs may not enforce a condition on a grant described in 
subsection (i)(1) of section 2408 of title 38, United States Code, as 
added by subsection (a), that was established before the date of the 
enactment of this Act.

    (c) Plot Allowances.--Section 2303 of title 38, United States Code, 
is amended--
            (1) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) <<NOTE: Payments.>>  the Secretary shall pay to the 
        relevant State, agency, political subdivision, or tribal 
        organization, as the case may be, the sum of $700 (as increased 
        from time to time under subsection (c)) as a plot or interment 
        allowance for such veteran if the veteran is buried (without 
        charge for the cost of a plot or interment) in a cemetery, or a 
        section of a cemetery, that--
                    ``(A) is used solely for the interment of persons 
                who are--
                          ``(i) eligible for burial in a national 
                      cemetery;
                          ``(ii) members of a reserve component of the 
                      Armed Forces not otherwise eligible for such 
                      burial or former members of such a reserve 
                      component not otherwise eligible for such burial 
                      who are discharged or released from service under 
                      conditions other than dishonorable; or
                          ``(iii) described in section 2408(i)(2) of 
                      this title; and
                    ``(B) is--
                          ``(i) owned by a State or by an agency or 
                      political subdivision of a State; or
                          ``(ii) on trust land owned by, or held in 
                      trust for, a tribal organization.''; and
                    (B) in paragraph (2), by inserting ``tribal 
                organization,'' after ``of a State,''; and
            (2) by adding at the end the following new subsection:

[[Page 136 STAT. 1111]]

    ``(e) <<NOTE: Definition.>>  In this section, the terms `tribal 
organization' and `trust land' have the meanings given those terms in 
section 3765 of this title.''.

 DIVISION DD--AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY PILOT 
                                 PROGRAM

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIGH TECHNOLOGY 
                        PILOT PROGRAM.

    Subsection (g) of section 116 of the Harry W. Colmery Veterans 
Educational Assistance Act of 2017 (Public Law 115-48; 38 U.S.C. 3001 
note), as amended by section 4302 of the Johnny Isakson and David P. 
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 
(Public Law 116-315), is amended to read as follows:
    ``(g) Authorization of Appropriations.--Funds shall be made 
available to carry out the pilot program under this section from funds 
appropriated to, or otherwise made available to, the Department for the 
payment of readjustment benefits, in the following amounts for a fiscal 
year in which the Secretary carries out the pilot program:
            ``(1) For fiscal year 2019, $15,000,000.
            ``(2) For fiscal year 2020, $15,000,000.
            ``(3) For fiscal year 2021, $45,000,000.
            ``(4) For fiscal year 2022, $125,000,000.
            ``(5) For fiscal year 2023, $45,000,000.
            ``(6) For fiscal year 2024, $45,000,000.''.

           DIVISION EE--EXTENSION OF VISA WAIVER PROGRAM FEES

SEC. 101. EXTENSION OF VISA WAIVER PROGRAM FEES.

    Section 217(h)(3)(B)(iii) of the Immigration and Nationality Act (8 
U.S.C. 1187(h)(3)(B)(iii)) is amended by striking ``September 30, 2027'' 
and inserting ``October 31, 2028''.

    DIVISION FF--AVAILABILITY OF TRAVEL PROMOTION FUND FOR BRAND USA

SEC. 101. <<NOTE: Restoring Brand USA Act.>>  AVAILABILITY OF 
                        TRAVEL PROMOTION FUND FOR BRAND USA.

    (a) Short Title.--This section may be cited as the ``Restoring Brand 
USA Act''.
    (b) <<NOTE: Deadline. Fees. Effective date.>>  In General.--Not 
later than 30 days after the date of the enactment of this Act, the 
Secretary of the Treasury, subject to subsections (c) and (d), and 
notwithstanding any other provision of law, shall make available, from 
unobligated balances remaining available from fees collected before 
October 1, 2020, and credited to Travel Promotion Fund established under 
subsection (d) of the

[[Page 136 STAT. 1112]]

Travel Promotion Act of 2009 (22 U.S.C. 2131(d)), $250,000,000 for the 
Corporation for Travel Promotion (commonly known as ``Brand USA'').

    (c) Inapplicability of Certain Requirements and Limitations.--The 
limitations in subsection (d)(2)(B) of the Travel Promotion Act of 2009 
shall not apply to amounts made available under subsection (b), and the 
requirements in subsection (d)(3) of such Act shall not apply to more 
than $50,000,000 of the amounts so available.
    (d) Use of Funds.--Brand USA may only use funds provided under 
subsection (b) to promote travel from countries whose citizens and 
nationals are permitted to enter the United States.
    (e) <<NOTE: Plan.>>  Report Required.--Not later than 60 days after 
the date of the enactment of this Act, Brand USA shall submit to 
Congress a plan for obligating and expending the amounts described in 
subsection (b).

               DIVISION GG--COOPERATIVE PROJECT AGREEMENT

SEC. 101. <<NOTE: President.>>  AUTHORITY TO ENTER INTO 
                        COOPERATIVE PROJECT AGREEMENT.

    Notwithstanding section 27(f) of the Arms Export Control Act (22 
U.S.C. 2767(f)), the President may sign the cooperative project 
agreement notified to the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of Representatives in 
congressional notification 04-22 received on March 5, 2022. 
Notwithstanding section 27(g) of such Act (22 U.S.C. 2767(g)), any 
defense articles that result from a cooperative project agreement shall 
be subject to the requirements of section 36 of such Act (22 U.S.C. 
2776).

                       DIVISION HH--OTHER MATTERS

     TITLE I--CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS

SEC. 101. COVERED PERIODS FOR AFFECTED FOREIGN INSTITUTIONS.

    Section 3510(e) of the Coronavirus Aid, Relief, and Economic 
Security Act (20 U.S.C. 1001 note) is amended--
            (1) in paragraph (1)(B)(ii), by striking ``2022'' and 
        inserting ``2023''; and
            (2) in paragraph (2), by striking ``subparagraph (B)(i)'' 
        and inserting ``paragraph (1)(B)(i)''.

 TITLE II <<NOTE: NASA Enhanced-Use Leasing Extension Act of 2022.>> --
NASA ENHANCED-USE LEASING EXTENSION ACT OF 2022
SEC. 201. <<NOTE: 51 USC 10101 note.>>  SHORT TITLE.

    This title may be cited as the ``NASA Enhanced-Use Leasing Extension 
Act of 2022''.

[[Page 136 STAT. 1113]]

SEC. 202. <<NOTE: 51 USC 20145 note.>>  FINDINGS.

    Congress finds the following:
            (1) NASA uses enhanced-use leasing to enter into agreements 
        with private sector entities, State and local governments, 
        academic institutions, and other Federal agencies for lease of 
        non-excess, underutilized NASA properties and facilities.
            (2) NASA uses enhanced-use leasing authority to support 
        responsible management of its real property, including to 
        improve the use of underutilized property for activities that 
        are compatible with NASA's mission and to reduce facility 
        operating and maintenance costs.
            (3) In fiscal year 2019, under its enhanced-use lease 
        authority, NASA leased 65 real properties.
            (4) In fiscal year 2019, NASA's use of enhanced-use leasing 
        resulted in the collection of $10,843,025.77 in net revenue.
            (5) In fiscal year 2019, NASA used a portion of its 
        enhanced-use leasing revenues for repairs of facility control 
        systems such as lighting and heating, ventilation, and air 
        conditioning.
            (6) NASA's use of enhanced-use leasing authority can 
        contribute to reducing the rate of increase of the Agency's 
        overall deferred maintenance cost.
SEC. 203. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NON-
                        EXCESS PROPERTY OF THE NATIONAL 
                        AERONAUTICS AND SPACE ADMINISTRATION.

    Section 20145(g) of title 51, United States Code, is amended by 
striking ``December 31, 2021'' and inserting ``December 31, 2022''.

                TITLE III--CARES ACT SEMIANNUAL TESTIMONY

SEC. 301. CONGRESSIONAL TESTIMONY.

    Section 4026(c) of division A of the CARES Act (15 U.S.C. 9060(c)) 
is amended--
            (1) by striking ``quarterly'' and inserting ``semiannual''; 
        and
            (2) by adding at the end the following: ``This subsection 
        shall have no force or effect after December 31, 2027.''.

            TITLE IV--HIDDEN FIGURES CONGRESSIONAL GOLD MEDAL

SEC. 401. <<NOTE: 31 USC 5111 note.>>  HIDDEN FIGURES 
                        CONGRESSIONAL GOLD MEDAL.

    Section 3(c) of Hidden Figures Congressional Gold Medal Act (Public 
Law 116-68; 133 Stat. 1129) is amended by adding at the end the 
following:
            ``(3) Transfer to katherine goble moore. <<NOTE: Katherine 
        Johnson.>> --The gold medal awarded in honor of Katherine 
        Johnson under subsection (a)(1) shall be given to her daughter, 
        Katherine Goble Moore.''.

[[Page 136 STAT. 1114]]

 TITLE V--CONGRESSIONAL OVERSIGHT OF SENSITIVE PROGRAMS NOT COVERED BY 
                         OTHER PROVISIONS OF LAW

SEC. 501. <<NOTE: 50 USC 3348a.>>  CONGRESSIONAL OVERSIGHT OF 
                        SENSITIVE PROGRAMS NOT COVERED BY OTHER 
                        PROVISIONS OF LAW.

    (a) Reports Required.--
            (1) In general.--Not later than February 1 of each year, the 
        head of each covered element shall submit to congressional 
        leadership a report on each covered program carried out by that 
        covered element.
            (2) Contents.--Each such report shall set forth--
                    (A) the total amount requested by the covered 
                element for covered programs within the budget submitted 
                under section 1105 of title 31 for the fiscal year 
                following the fiscal year in which the report is 
                submitted; and
                    (B) <<NOTE: Costs.>>  for each program in such 
                budget that is a covered program--
                          (i) a brief description of the program;
                          (ii) in the case of a procurement program, a 
                      brief discussion of the major milestones 
                      established for the program;
                          (iii) the actual cost of the program for each 
                      fiscal year during which the program has been 
                      conducted before the fiscal year during which that 
                      budget is submitted; and
                          (iv) the estimated total cost of the program 
                      and the estimated cost of the program for--
                                    (I) the current fiscal year;
                                    (II) the fiscal year for which the 
                                budget is submitted; and
                                    (III) <<NOTE: Time period.>>  each 
                                of the four succeeding fiscal years 
                                during which the program is expected to 
                                be conducted.

    (b) Newly Designated Programs.--
            (1) <<NOTE: Reports.>>  In general.--Not later than February 
        1 of each year, the head of each covered element shall submit to 
        congressional leadership a report that, with respect to each new 
        covered program of that covered element, provides--
                    (A) <<NOTE: Notification.>>  notice of the 
                designation of the program as a special access program; 
                and
                    (B) justification for such designation.
            (2) Contents.--A report under paragraph (1) with respect to 
        a program shall include--
                    (A) <<NOTE: Cost estimate.>>  the current estimate 
                of the total program cost for the program; and
                    (B) an identification, as applicable, of existing 
                programs or technologies that are similar to the 
                technology, or that have a mission similar to the 
                technology, or that have a mission similar to the 
                mission, of the program that is the subject of the 
                notice.
            (3) New covered program defined.--In this subsection, the 
        term ``new covered program'' means a covered program that has 
        not previously been covered in a notice and justification under 
        this subsection.

[[Page 136 STAT. 1115]]

    (c) Revision in Classification of Programs.--
            (1) <<NOTE: Classified information. Reports. Notice.>>  In 
        general.--Whenever a change in the classification of a covered 
        program of a covered element is planned to be made or whenever 
        classified information concerning a covered program of a covered 
        element is to be declassified and made public, the head of the 
        covered element shall submit to congressional leadership a 
        report containing a description of the proposed change or the 
        information to be declassified, the reasons for the proposed 
        change or declassification, and notice of any public 
        announcement planned to be made with respect to the proposed 
        change or declassification.
            (2) Period for submittal.--Except as provided in paragraph 
        (3), a report referred to in paragraph (1) shall be submitted 
        not less than 14 days before the date on which the proposed 
        change, declassification, or public announcement is to occur.
            (3) <<NOTE: Determination.>>  Exception.--If the head of the 
        covered element determines that because of exceptional 
        circumstances the requirement of paragraph (2) cannot be met 
        with respect to a proposed change, declassification, or public 
        announcement concerning a covered program of the covered 
        element, the head of the department or agency may submit the 
        report required by paragraph (1) regarding the proposed change, 
        declassification, or public announcement at any time before the 
        proposed change, declassification, or public announcement is 
        made and shall include in the report an explanation of the 
        exceptional circumstances.

    (d) <<NOTE: Notification.>>  Revision of Criteria for Designating 
Programs.--Whenever there is a modification or termination of the policy 
and criteria used for designating a program of a covered element as a 
covered program, the head of the covered element shall promptly notify 
congressional leadership of such modification or termination. Any such 
notification shall contain the reasons for the modification or 
termination and, in the case of a modification, the provisions of the 
policy as modified.

    (e) Initiation of Programs.--A covered program may not be initiated 
by a covered element until--
            (1) congressional leadership is notified of the program; and
            (2) <<NOTE: Time period.>>  a period of 30 days elapses 
        after such notification is received.

    (f) Limitation on Use of Funds.--No funds may be obligated or 
expended by any covered element to carry out a covered program until the 
head of the covered element has briefed congressional leadership on the 
covered program.
    (g) Definitions.--In this section:
            (1) Covered element.--The term ``covered element'' means any 
        element or portion of the Federal Government that is not--
                    (A) a covered department or agency as defined in 
                section 1152(g) of the National Defense Authorization 
                Act for Fiscal Year 1994 (50 U.S.C. 3348(g));
                    (B) the Department of Defense (which is required to 
                submit reports on special access programs under section 
                119 of title 10, United States Code);

[[Page 136 STAT. 1116]]

                    (C) the National Nuclear Security Administration 
                (which is required to submit reports on special access 
                programs under section 3236 of the National Nuclear 
                Security Administration Act (50 U.S.C. 2426); or
                    (D) an element of the intelligence community (as 
                defined in section 3 of the National Security Act of 
                1947 (50 U.S.C. 3003)).
            (2) Congressional leadership.--The term ``congressional 
        leadership'' means--
                    (A) the majority leader of the Senate;
                    (B) the minority leader of the Senate;
                    (C) the Speaker of the House of Representatives; and
                    (D) the minority leader of the House of 
                Representatives.
            (3) Covered program.--The term ``covered program'' means any 
        special access program or similarly protected program 
        established under the authority of Executive Order 12356 (50 
        U.S.C. 3161 note; relating to prescribing a uniform system for 
        classifying, declassifying, and safeguarding national security 
        information), or any successor Executive order, or any similar 
        sensitive program established anywhere in the Federal 
        Government, including one established at the direction of the 
        President.

                        TITLE VI--FIREFIGHTER PAY

SEC. 601. FIREFIGHTER PAY.

    Section 1701 of division B of the Extending Government Funding and 
Delivering Emergency Assistance Act (5 U.S.C. 5547 note) is amended--
            (1) by inserting ``or 2022'' after ``during 2021'' each 
        place it appears;
            (2) in subsection (a)(1), by inserting ``and any services 
        during 2022 that generate payments payable in 2023'' after 
        ``payable in 2022''; and
            (3) in subsection (b), by inserting ``or 2022'' after ``in 
        2021''.

    Approved March 15, 2022.

LEGISLATIVE HISTORY--H.R. 2471 (S. 1104):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    June 28, considered in House.
                                    June 29, prior proceedings vacated; 
                                        considered and passed House.
                                                        Vol. 168 (2022):
                                    Jan. 13, considered and passed 
                                        Senate, amended.
                                    Mar. 9, House concurred in Senate 
                                        amendment with an amendment.
                                    Mar. 10, Senate concurred in House 
                                        amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
            Mar. 15, Presidential remarks.

                                   [all]