H.R. 2471, Consolidated Appropriations Act, 2022 (March 9, 2022)
Summary
The page records House of Representatives action dated March 9, 2022, agreeing to the Senate amendment to H.R. 2471. That bill is entitled "An Act to measure the progress of post-disaster recovery and efforts to address corruption, governance, rule of law, and media freedoms in Haiti." The House amendment inserts the Consolidated Appropriations Act, 2022. Its table of contents begins with Division A, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies; Division B, Commerce, Justice, Science, and Related Agencies; Division C, Department of Defense; and Division D, Energy and Water Development.
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Cite this document
“H.R. 2471, Consolidated Appropriations Act, 2022 (March 9, 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr2471eah-bills-117hr2471eah/
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In the House of Representatives, U. S.,
March 9, 2022.
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 2471) entitled ‘‘An Act to measure
the progress of post-disaster recovery and efforts to address
corruption, governance, rule of law, and media freedoms in
Haiti.’’, with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Consolidated Appropria-
3 tions Act, 2022’’.
4 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 APPROPRIA-
TIONS 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
2
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
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 Presi-
dent
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
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Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES APPRO-
PRIATIONS 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 DEVELOP-
MENT, 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
Title II—Immigration Extensions
Title III—Livestock Reporting Extension
Title IV—TVPA Extension
Title V—Budgetary Effects
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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
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
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5
1 be treated as referring only to the provisions of that divi-
2 sion.
3 SEC. 4. EXPLANATORY STATEMENT.
4 The explanatory statement regarding this Act, printed
5 in the House section of the Congressional Record on or
6 about March 9, 2022, and submitted by the chair of the
7 Committee on Appropriations of the House, shall have the
8 same effect with respect to the allocation of funds and im-
9 plementation of divisions A through L of this Act as if it
10 were a joint explanatory statement of a committee of con-
11 ference.
12 SEC. 5. STATEMENT OF APPROPRIATIONS.
13 The following sums in this Act are appropriated, out
14 of any money in the Treasury not otherwise appropriated,
15 for the fiscal year ending September 30, 2022.
16 SEC. 6. ADJUSTMENTS TO COMPENSATION.
17 Notwithstanding any other provision of law, no adjust-
18 ment shall be made under section 601(a) of the Legislative
19 Reorganization Act of 1946 (2 U.S.C. 4501) (relating to
20 cost of living adjustments for Members of Congress) during
21 fiscal year 2022.
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6
1 DIVISION A—AGRICULTURE, RURAL DE-
2 VELOPMENT, FOOD AND DRUG ADMIN-
3 ISTRATION, AND RELATED AGENCIES
4 APPROPRIATIONS ACT, 2022
5 TITLE I
6 AGRICULTURAL PROGRAMS
7 PROCESSING, RESEARCH, AND MARKETING
8 OFFICE OF THE SECRETARY
9 (INCLUDING TRANSFERS OF FUNDS)
10 For necessary expenses of the Office of the Secretary,
11 $54,710,000, of which not to exceed $7,203,000 shall be
12 available for the immediate Office of the Secretary; not to
13 exceed $1,353,000 shall be available for the Office of Home-
14 land Security; not to exceed $2,215,000 shall be available
15 for the Office of Tribal Relations; not to exceed $7,044,000
16 shall be available for the Office of Partnerships and Public
17 Engagement, of which $1,500,000 shall be for 7 U.S.C.
18 2279(c)(5); not to exceed $24,931,000 shall be available for
19 the Office of the Assistant Secretary for Administration, of
20 which $23,282,000 shall be available for Departmental Ad-
21 ministration to provide for necessary expenses for manage-
22 ment support services to offices of the Department and for
23 general administration, security, repairs and alterations,
24 and other miscellaneous supplies and expenses not otherwise
25 provided for and necessary for the practical and efficient
•HR 2471 EAH
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1 work of the Department: Provided, That funds made avail-
2 able by this Act to an agency in the Administration mission
3 area for salaries and expenses are available to fund up to
4 one administrative support staff for the Office; not to exceed
5 $4,480,000 shall be available for the Office of Assistant Sec-
6 retary for Congressional Relations and Intergovernmental
7 Affairs to carry out the programs funded by this Act, in-
8 cluding programs involving intergovernmental affairs and
9 liaison within the executive branch; and not to exceed
10 $7,484,000 shall be available for the Office of Communica-
11 tions: Provided further, That the Secretary of Agriculture
12 is authorized to transfer funds appropriated for any office
13 of the Office of the Secretary to any other office of the Office
14 of the Secretary: Provided further, That no appropriation
15 for any office shall be increased or decreased by more than
16 5 percent: Provided further, That not to exceed $22,000 of
17 the amount made available under this paragraph for the
18 immediate Office of the Secretary shall be available for offi-
19 cial reception and representation expenses, not otherwise
20 provided for, as determined by the Secretary: Provided fur-
21 ther, That the amount made available under this heading
22 for Departmental Administration shall be reimbursed from
23 applicable appropriations in this Act for travel expenses in-
24 cident to the holding of hearings as required by 5 U.S.C.
25 551–558: Provided further, That funds made available
•HR 2471 EAH
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1 under this heading for the Office of the Assistant Secretary
2 for Congressional Relations and Intergovernmental Affairs
3 shall be transferred to agencies of the Department of Agri-
4 culture funded by this Act to maintain personnel at the
5 agency level: Provided further, That no funds made avail-
6 able under this heading for the Office of Assistant Secretary
7 for Congressional Relations may be obligated after 30 days
8 from the date of enactment of this Act, unless the Secretary
9 has notified the Committees on Appropriations of both
10 Houses of Congress on the allocation of these funds by
11 USDA agency: Provided further, That during any 30 day
12 notification period referenced in section 716 of this Act, the
13 Secretary of Agriculture shall take no action to begin imple-
14 mentation of the action that is subject to section 716 of this
15 Act or make any public announcement of such action in
16 any form.
17 EXECUTIVE OPERATIONS
18 OFFICE OF THE CHIEF ECONOMIST
19 For necessary expenses of the Office of the Chief Econo-
20 mist, $27,199,000, of which $8,000,000 shall be for grants
21 or cooperative agreements for policy research under 7
22 U.S.C. 3155: Provided, That of the amounts made available
23 under this heading, $500,000 shall be available to carry out
24 section 224 of subtitle A of the Department of Agriculture
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1 Reorganization Act of 1994 (7 U.S.C. 6924), as amended
2 by section 12504 of Public Law 115–334.
3 OFFICE OF HEARINGS AND APPEALS
4 For necessary expenses of the Office of Hearings and
5 Appeals, $16,173,000.
6 OFFICE OF BUDGET AND PROGRAM ANALYSIS
7 For necessary expenses of the Office of Budget and Pro-
8 gram Analysis, $11,337,000.
9 OFFICE OF THE CHIEF INFORMATION OFFICER
10 For necessary expenses of the Office of the Chief Infor-
11 mation Officer, $84,746,000, of which not less than
12 $69,672,000 is for cybersecurity requirements of the depart-
13 ment.
14 OFFICE OF THE CHIEF FINANCIAL OFFICER
15 For necessary expenses of the Office of the Chief Finan-
16 cial Officer, $7,118,000.
17 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
18 RIGHTS
19 For necessary expenses of the Office of the Assistant
20 Secretary for Civil Rights, $1,426,000: Provided, That
21 funds made available by this Act to an agency in the Civil
22 Rights mission area for salaries and expenses are available
23 to fund up to one administrative support staff for the Office.
•HR 2471 EAH
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1 OFFICE OF CIVIL RIGHTS
2 For necessary expenses of the Office of Civil Rights,
3 $35,328,000.
4 AGRICULTURE BUILDINGS AND FACILITIES
5 (INCLUDING TRANSFERS OF FUNDS)
6 For payment of space rental and related costs pursu-
7 ant to Public Law 92–313, including authorities pursuant
8 to the 1984 delegation of authority from the Administrator
9 of General Services to the Department of Agriculture under
10 40 U.S.C. 121, for programs and activities of the Depart-
11 ment which are included in this Act, and for alterations
12 and other actions needed for the Department and its agen-
13 cies to consolidate unneeded space into configurations suit-
14 able for release to the Administrator of General Services,
15 and for the operation, maintenance, improvement, and re-
16 pair of Agriculture buildings and facilities, and for related
17 costs, $108,397,000, to remain available until expended.
18 HAZARDOUS MATERIALS MANAGEMENT
19 (INCLUDING TRANSFERS OF FUNDS)
20 For necessary expenses of the Department of Agri-
21 culture, to comply with the Comprehensive Environmental
22 Response, Compensation, and Liability Act (42 U.S.C.
23 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C.
24 6901 et seq.), $7,540,000, to remain available until ex-
25 pended: Provided, That appropriations and funds available
•HR 2471 EAH
11
1 herein to the Department for Hazardous Materials Manage-
2 ment may be transferred to any agency of the Department
3 for its use in meeting all requirements pursuant to the
4 above Acts on Federal and non-Federal lands.
5 OFFICE OF SAFETY, SECURITY, AND PROTECTION
6 For necessary expenses of the Office of Safety, Security,
7 and Protection, $23,306,000.
8 OFFICE OF INSPECTOR GENERAL
9 For necessary expenses of the Office of Inspector Gen-
10 eral, including employment pursuant to the Inspector Gen-
11 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.),
12 $106,309,000, including such sums as may be necessary for
13 contracting and other arrangements with public agencies
14 and private persons pursuant to section 6(a)(9) of the In-
15 spector General Act of 1978 (Public Law 95–452; 5 U.S.C.
16 App.), and including not to exceed $125,000 for certain con-
17 fidential operational expenses, including the payment of in-
18 formants, to be expended under the direction of the Inspec-
19 tor General pursuant to the Inspector General Act of 1978
20 (Public Law 95–452; 5 U.S.C. App.) and section 1337 of
21 the Agriculture and Food Act of 1981 (Public Law 97–98).
22 OFFICE OF THE GENERAL COUNSEL
23 For necessary expenses of the Office of the General
24 Counsel, $57,268,000.
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1 OFFICE OF ETHICS
2 For necessary expenses of the Office of Ethics,
3 $4,277,000.
4 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,
5 EDUCATION, AND ECONOMICS
6 For necessary expenses of the Office of the Under Sec-
7 retary for Research, Education, and Economics,
8 $3,327,000: Provided, That funds made available by this
9 Act to an agency in the Research, Education, and Econom-
10 ics mission area for salaries and expenses are available to
11 fund up to one administrative support staff for the Office:
12 Provided further, That of the amounts made available
13 under this heading, $1,000,000 shall be made available for
14 the Office of the Chief Scientist.
15 ECONOMIC RESEARCH SERVICE
16 For necessary expenses of the Economic Research Serv-
17 ice, $87,794,000.
18 NATIONAL AGRICULTURAL STATISTICS SERVICE
19 For necessary expenses of the National Agricultural
20 Statistics Service, $190,162,000, of which up to $46,850,000
21 shall be available until expended for the Census of Agri-
22 culture: Provided, That amounts made available for the
23 Census of Agriculture may be used to conduct Current In-
24 dustrial Report surveys subject to 7 U.S.C. 2204g(d) and
25 (f).
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1 AGRICULTURAL RESEARCH SERVICE
2 SALARIES AND EXPENSES
3 For necessary expenses of the Agricultural Research
4 Service and for acquisition of lands by donation, exchange,
5 or purchase at a nominal cost not to exceed $100, and for
6 land exchanges where the lands exchanged shall be of equal
7 value or shall be equalized by a payment of money to the
8 grantor which shall not exceed 25 percent of the total value
9 of the land or interests transferred out of Federal ownership,
10 $1,633,496,000: Provided, That appropriations hereunder
11 shall be available for the operation and maintenance of air-
12 craft and the purchase of not to exceed one for replacement
13 only: Provided further, That appropriations hereunder shall
14 be available pursuant to 7 U.S.C. 2250 for the construction,
15 alteration, and repair of buildings and improvements, but
16 unless otherwise provided, the cost of constructing any one
17 building shall not exceed $500,000, except for headhouses
18 or greenhouses which shall each be limited to $1,800,000,
19 except for 10 buildings to be constructed or improved at
20 a cost not to exceed $1,100,000 each, and except for four
21 buildings to be constructed at a cost not to exceed
22 $5,000,000 each, and the cost of altering any one building
23 during the fiscal year shall not exceed 10 percent of the cur-
24 rent replacement value of the building or $500,000, which-
25 ever is greater: Provided further, That appropriations here-
•HR 2471 EAH
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1 under shall be available for entering into lease agreements
2 at any Agricultural Research Service location for the con-
3 struction of a research facility by a non-Federal entity for
4 use by the Agricultural Research Service and a condition
5 of the lease shall be that any facility shall be owned, oper-
6 ated, and maintained by the non-Federal entity and shall
7 be removed upon the expiration or termination of the lease
8 agreement: Provided further, That the limitations on alter-
9 ations contained in this Act shall not apply to moderniza-
10 tion or replacement of existing facilities at Beltsville, Mary-
11 land: Provided further, That appropriations hereunder
12 shall be available for granting easements at the Beltsville
13 Agricultural Research Center: Provided further, That the
14 foregoing limitations shall not apply to replacement of
15 buildings needed to carry out the Act of April 24, 1948 (21
16 U.S.C. 113a): Provided further, That appropriations here-
17 under shall be available for granting easements at any Ag-
18 ricultural Research Service location for the construction of
19 a research facility by a non-Federal entity for use by, and
20 acceptable to, the Agricultural Research Service and a con-
21 dition of the easements shall be that upon completion the
22 facility shall be accepted by the Secretary, subject to the
23 availability of funds herein, if the Secretary finds that ac-
24 ceptance of the facility is in the interest of the United
25 States: Provided further, That funds may be received from
•HR 2471 EAH
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1 any State, other political subdivision, organization, or in-
2 dividual for the purpose of establishing or operating any
3 research facility or research project of the Agricultural Re-
4 search Service, as authorized by law.
5 BUILDINGS AND FACILITIES
6 For the acquisition of land, construction, repair, im-
7 provement, extension, alteration, and purchase of fixed
8 equipment or facilities as necessary to carry out the agricul-
9 tural research programs of the Department of Agriculture,
10 where not otherwise provided, $127,805,000 to remain
11 available until expended, of which $20,000,000 shall be allo-
12 cated for ARS facilities co-located with university partners,
13 and of which $62,400,000 shall be for the purposes, and in
14 the amounts, specified for this account in the table titled
15 ‘‘Community Project Funding/Congressionally Directed
16 Spending’’ in the explanatory statement described in sec-
17 tion 4 (in the matter preceding division A of this consoli-
18 dated Act), in accordance with applicable statutory and
19 regulatory requirements.
20 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
21 RESEARCH AND EDUCATION ACTIVITIES
22 For payments to agricultural experiment stations, for
23 cooperative forestry and other research, for facilities, and
24 for other expenses, $1,046,244,000, which shall be for the
25 purposes, and in the amounts, specified in the table titled
•HR 2471 EAH
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1 ‘‘National Institute of Food and Agriculture, Research and
2 Education Activities’’ in the explanatory statement de-
3 scribed in section 4 (in the matter preceding division A of
4 this consolidated Act): Provided, That funds for research
5 grants for 1994 institutions, education grants for 1890 in-
6 stitutions, Hispanic serving institutions education grants,
7 capacity building for non-land-grant colleges of agriculture,
8 the agriculture and food research initiative, veterinary
9 medicine loan repayment, multicultural scholars, graduate
10 fellowship and institution challenge grants, grants manage-
11 ment systems, tribal colleges education equity grants, and
12 scholarships at 1890 institutions shall remain available
13 until expended: Provided further, That each institution eli-
14 gible to receive funds under the Evans-Allen program re-
15 ceives no less than $1,000,000: Provided further, That funds
16 for education grants for Alaska Native and Native Hawai-
17 ian-serving institutions be made available to individual eli-
18 gible institutions or consortia of eligible institutions with
19 funds awarded equally to each of the States of Alaska and
20 Hawaii: Provided further, That funds for providing grants
21 for food and agricultural sciences for Alaska Native and
22 Native Hawaiian-Serving institutions and for Insular
23 Areas shall remain available until September 30, 2023:
24 Provided further, That funds for education grants for 1890
25 institutions shall be made available to institutions eligible
•HR 2471 EAH
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1 to receive funds under 7 U.S.C. 3221 and 3222: Provided
2 further, That not more than 5 percent of the amounts made
3 available by this or any other Act to carry out the Agri-
4 culture and Food Research Initiative under 7 U.S.C. 3157
5 may be retained by the Secretary of Agriculture to pay ad-
6 ministrative costs incurred by the Secretary in carrying out
7 that authority.
8 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
9 For the Native American Institutions Endowment
10 Fund authorized by Public Law 103–382 (7 U.S.C. 301
11 note), $11,880,000, to remain available until expended.
12 EXTENSION ACTIVITIES
13 For payments to States, the District of Columbia,
14 Puerto Rico, Guam, the Virgin Islands, Micronesia, the
15 Northern Marianas, and American Samoa, $550,605,000,
16 which shall be for the purposes, and in the amounts, speci-
17 fied in the table titled ‘‘National Institute of Food and Agri-
18 culture, Extension Activities’’ in the explanatory statement
19 described in section 4 (in the matter preceding division A
20 of this consolidated Act): Provided, That funds for extension
21 services at 1994 institutions and for facility improvements
22 at 1890 institutions shall remain available until expended:
23 Provided further, That institutions eligible to receive funds
24 under 7 U.S.C. 3221 for cooperative extension receive no
25 less than $1,000,000: Provided further, That funds for coop-
•HR 2471 EAH
18
1 erative extension under sections 3(b) and (c) of the Smith-
2 Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of
3 Public Law 93–471 shall be available for retirement and
4 employees’ compensation costs for extension agents.
5 INTEGRATED ACTIVITIES
6 For the integrated research, education, and extension
7 grants programs, including necessary administrative ex-
8 penses, $40,000,000, which shall be for the purposes, and
9 in the amounts, specified in the table titled ‘‘National Insti-
10 tute of Food and Agriculture, Integrated Activities’’ in the
11 explanatory statement described in section 4 (in the matter
12 preceding division A of this consolidated Act): Provided,
13 That funds for the Food and Agriculture Defense Initiative
14 shall remain available until September 30, 2023: Provided
15 further, That notwithstanding any other provision of law,
16 indirect costs shall not be charged against any Extension
17 Implementation Program Area grant awarded under the
18 Crop Protection/Pest Management Program (7 U.S.C.
19 7626).
20 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
21 REGULATORY PROGRAMS
22 For necessary expenses of the Office of the Under Sec-
23 retary for Marketing and Regulatory Programs, $1,577,000:
24 Provided, That funds made available by this Act to an
25 agency in the Marketing and Regulatory Programs mission
•HR 2471 EAH
19
1 area for salaries and expenses are available to fund up to
2 one administrative support staff for the Office.
3 ANIMAL AND PLANT HEALTH INSPECTION SERVICE
4 SALARIES AND EXPENSES
5 (INCLUDING TRANSFERS OF FUNDS)
6 For necessary expenses of the Animal and Plant
7 Health Inspection Service, including up to $30,000 for rep-
8 resentation allowances and for expenses pursuant to the
9 Foreign Service Act of 1980 (22 U.S.C. 4085),
10 $1,110,218,000 of which up to $3,474,000 shall be for the
11 purposes, and in the amounts, specified for this account in
12 the table titled ‘‘Community Project Funding/Congression-
13 ally Directed Spending’’ in the explanatory statement de-
14 scribed in section 4 (in the matter preceding division A of
15 this consolidated Act), in accordance with applicable statu-
16 tory and regulatory requirements; of which $491,000, to re-
17 main available until expended, shall be available for the
18 control of outbreaks of insects, plant diseases, animal dis-
19 eases and for control of pest animals and birds (‘‘contin-
20 gency fund’’) to the extent necessary to meet emergency con-
21 ditions; of which $14,725,000, to remain available until ex-
22 pended, shall be used for the cotton pests program, includ-
23 ing for cost share purposes or for debt retirement for active
24 eradication zones; of which $38,486,000, to remain avail-
25 able until expended, shall be for Animal Health Technical
•HR 2471 EAH
20
1 Services; of which $3,040,000 shall be for activities under
2 the authority of the Horse Protection Act of 1970, as
3 amended (15 U.S.C. 1831); of which $63,833,000, to remain
4 available until expended, shall be used to support avian
5 health; of which $4,251,000, to remain available until ex-
6 pended, shall be for information technology infrastructure;
7 of which $209,553,000, to remain available until expended,
8 shall be for specialty crop pests, of which $8,500,000, to re-
9 main available until September 30, 2023, shall be for one-
10 time control and management and associated activities di-
11 rectly related to the multiple-agency response to citrus
12 greening; of which, $11,137,000, to remain available until
13 expended, shall be for field crop and rangeland ecosystem
14 pests; of which $20,282,000, to remain available until ex-
15 pended, shall be for zoonotic disease management; of which
16 $42,021,000, to remain available until expended, shall be
17 for emergency preparedness and response; of which
18 $61,217,000, to remain available until expended, shall be
19 for tree and wood pests; of which $5,751,000, to remain
20 available until expended, shall be for the National Veteri-
21 nary Stockpile; of which up to $1,500,000, to remain avail-
22 able until expended, shall be for the scrapie program for
23 indemnities; of which $2,500,000, to remain available until
24 expended, shall be for the wildlife damage management pro-
25 gram for aviation safety: Provided, That any of the funds
•HR 2471 EAH
21
1 described in the ‘‘Community Project Funding/Congression-
2 ally Directed Spending’’ table in the explanatory statement
3 described in section 4 (in the matter preceding division A
4 of this consolidated Act) that the Secretary determines will
5 not be obligated during the fiscal year shall not be subject
6 to the direction provided in such table: Provided further,
7 That of amounts available under this heading for wildlife
8 services methods development, $1,000,000 shall remain
9 available until expended: Provided further, That of amounts
10 available under this heading for the screwworm program,
11 $4,990,000 shall remain available until expended; of which
12 $24,307,000, to remain available until expended, shall be
13 used to carry out the science program and transition activi-
14 ties for the National Bio and Agro-defense Facility located
15 in Manhattan, Kansas: Provided further, That no funds
16 shall be used to formulate or administer a brucellosis eradi-
17 cation program for the current fiscal year that does not re-
18 quire minimum matching by the States of at least 40 per-
19 cent: Provided further, That this appropriation shall be
20 available for the purchase, replacement, operation, and
21 maintenance of aircraft: Provided further, That in addi-
22 tion, in emergencies which threaten any segment of the agri-
23 cultural production industry of the United States, the Sec-
24 retary may transfer from other appropriations or funds
25 available to the agencies or corporations of the Department
•HR 2471 EAH
22
1 such sums as may be deemed necessary, to be available only
2 in such emergencies for the arrest and eradication of con-
3 tagious or infectious disease or pests of animals, poultry,
4 or plants, and for expenses in accordance with sections
5 10411 and 10417 of the Animal Health Protection Act (7
6 U.S.C. 8310 and 8316) and sections 431 and 442 of the
7 Plant Protection Act (7 U.S.C. 7751 and 7772), and any
8 unexpended balances of funds transferred for such emer-
9 gency purposes in the preceding fiscal year shall be merged
10 with such transferred amounts: Provided further, That ap-
11 propriations hereunder shall be available pursuant to law
12 (7 U.S.C. 2250) for the repair and alteration of leased
13 buildings and improvements, but unless otherwise provided
14 the cost of altering any one building during the fiscal year
15 shall not exceed 10 percent of the current replacement value
16 of the building.
17 In fiscal year 2022, the agency is authorized to collect
18 fees to cover the total costs of providing technical assistance,
19 goods, or services requested by States, other political sub-
20 divisions, domestic and international organizations, foreign
21 governments, or individuals, provided that such fees are
22 structured such that any entity’s liability for such fees is
23 reasonably based on the technical assistance, goods, or serv-
24 ices provided to the entity by the agency, and such fees shall
25 be reimbursed to this account, to remain available until ex-
•HR 2471 EAH
23
1 pended, without further appropriation, for providing such
2 assistance, goods, or services.
3 BUILDINGS AND FACILITIES
4 For plans, construction, repair, preventive mainte-
5 nance, environmental support, improvement, extension, al-
6 teration, and purchase of fixed equipment or facilities, as
7 authorized by 7 U.S.C. 2250, and acquisition of land as
8 authorized by 7 U.S.C. 2268a, $3,175,000, to remain avail-
9 able until expended.
10 AGRICULTURAL MARKETING SERVICE
11 MARKETING SERVICES
12 For necessary expenses of the Agricultural Marketing
13 Service, $226,657,000, of which $7,000,000 shall be avail-
14 able for the purposes of section 12306 of Public Law 113–
15 79: Provided, That of the amounts made available under
16 this heading, $25,000,000, to remain available until ex-
17 pended, shall be to carry out section 12513 of Public Law
18 115–334, of which $23,000,000 shall be for dairy business
19 innovation initiatives established in Public Law 116–6 and
20 the Secretary shall take measures to ensure an equal dis-
21 tribution of funds between these three regional innovation
22 initiatives: Provided further, That this appropriation shall
23 be available pursuant to law (7 U.S.C. 2250) for the alter-
24 ation and repair of buildings and improvements, but the
25 cost of altering any one building during the fiscal year shall
•HR 2471 EAH
24
1 not exceed 10 percent of the current replacement value of
2 the building.
3 Fees may be collected for the cost of standardization
4 activities, as established by regulation pursuant to law (31
5 U.S.C. 9701), except for the cost of activities relating to the
6 development or maintenance of grain standards under the
7 United States Grain Standards Act, 7 U.S.C. 71 et seq.
8 LIMITATION ON ADMINISTRATIVE EXPENSES
9 Not to exceed $61,786,000 (from fees collected) shall be
10 obligated during the current fiscal year for administrative
11 expenses: Provided, That if crop size is understated and/
12 or other uncontrollable events occur, the agency may exceed
13 this limitation by up to 10 percent with notification to the
14 Committees on Appropriations of both Houses of Congress.
15 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
16 SUPPLY (SECTION 32)
17 (INCLUDING TRANSFERS OF FUNDS)
18 Funds available under section 32 of the Act of August
19 24, 1935 (7 U.S.C. 612c), shall be used only for commodity
20 program expenses as authorized therein, and other related
21 operating expenses, except for: (1) transfers to the Depart-
22 ment of Commerce as authorized by the Fish and Wildlife
23 Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
24 provided in this Act; and (3) not more than $20,817,000
25 for formulation and administration of marketing agree-
•HR 2471 EAH
25
1 ments and orders pursuant to the Agricultural Marketing
2 Agreement Act of 1937 and the Agricultural Act of 1961
3 (Public Law 87–128).
4 PAYMENTS TO STATES AND POSSESSIONS
5 For payments to departments of agriculture, bureaus
6 and departments of markets, and similar agencies for mar-
7 keting activities under section 204(b) of the Agricultural
8 Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
9 LIMITATION ON INSPECTION AND WEIGHING SERVICES
10 EXPENSES
11 Not to exceed $55,000,000 (from fees collected) shall be
12 obligated during the current fiscal year for inspection and
13 weighing services: Provided, That if grain export activities
14 require additional supervision and oversight, or other un-
15 controllable factors occur, this limitation may be exceeded
16 by up to 10 percent with notification to the Committees
17 on Appropriations of both Houses of Congress.
18 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
19 For necessary expenses of the Office of the Under Sec-
20 retary for Food Safety, $1,077,000: Provided, That funds
21 made available by this Act to an agency in the Food Safety
22 mission area for salaries and expenses are available to fund
23 up to one administrative support staff for the Office.
•HR 2471 EAH
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1 FOOD SAFETY AND INSPECTION SERVICE
2 For necessary expenses to carry out services authorized
3 by the Federal Meat Inspection Act, the Poultry Products
4 Inspection Act, and the Egg Products Inspection Act, in-
5 cluding not to exceed $10,000 for representation allowances
6 and for expenses pursuant to section 8 of the Act approved
7 August 3, 1956 (7 U.S.C. 1766), $1,108,664,000; and in
8 addition, $1,000,000 may be credited to this account from
9 fees collected for the cost of laboratory accreditation as au-
10 thorized by section 1327 of the Food, Agriculture, Conserva-
11 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
12 funds provided for the Public Health Data Communication
13 Infrastructure system shall remain available until ex-
14 pended: Provided further, That no fewer than 148 full-time
15 equivalent positions shall be employed during fiscal year
16 2022 for purposes dedicated solely to inspections and en-
17 forcement related to the Humane Methods of Slaughter Act
18 (7 U.S.C. 1901 et seq.): Provided further, That the Food
19 Safety and Inspection Service shall continue implementa-
20 tion of section 11016 of Public Law 110–246 as further
21 clarified by the amendments made in section 12106 of Pub-
22 lic Law 113–79: Provided further, That this appropriation
23 shall be available pursuant to law (7 U.S.C. 2250) for the
24 alteration and repair of buildings and improvements, but
25 the cost of altering any one building during the fiscal year
•HR 2471 EAH
27
1 shall not exceed 10 percent of the current replacement value
2 of the building.
•HR 2471 EAH
28
1 TITLE II
2 FARM PRODUCTION AND CONSERVATION
3 PROGRAMS
4 OFFICE OF THE UNDER SECRETARY FOR FARM
5 PRODUCTION AND CONSERVATION
6 For necessary expenses of the Office of the Under Sec-
7 retary for Farm Production and Conservation, $1,687,000:
8 Provided, That funds made available by this Act to an
9 agency in the Farm Production and Conservation mission
10 area for salaries and expenses are available to fund up to
11 one administrative support staff for the Office.
12 FARM PRODUCTION AND CONSERVATION BUSINESS
13 CENTER
14 SALARIES AND EXPENSES
15 (INCLUDING TRANSFERS OF FUNDS)
16 For necessary expenses of the Farm Production and
17 Conservation Business Center, $238,177,000: Provided,
18 That $60,228,000 of amounts appropriated for the current
19 fiscal year pursuant to section 1241(a) of the Farm Secu-
20 rity and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
21 shall be transferred to and merged with this account.
•HR 2471 EAH
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1 FARM SERVICE AGENCY
2 SALARIES AND EXPENSES
3 (INCLUDING TRANSFERS OF FUNDS)
4 For necessary expenses of the Farm Service Agency,
5 $1,173,070,000, of which not less than $15,000,000 shall be
6 for the hiring of new employees to fill vacancies and antici-
7 pated vacancies at Farm Service Agency county offices and
8 farm loan officers and shall be available until September
9 30, 2023: Provided, That not more than 50 percent of the
10 funding made available under this heading for information
11 technology related to farm program delivery may be obli-
12 gated until the Secretary submits to the Committees on Ap-
13 propriations of both Houses of Congress, and receives writ-
14 ten or electronic notification of receipt from such Commit-
15 tees of, a plan for expenditure that (1) identifies for each
16 project/investment over $25,000 (a) the functional and per-
17 formance capabilities to be delivered and the mission bene-
18 fits to be realized, (b) the estimated lifecycle cost for the
19 entirety of the project/investment, including estimates for
20 development as well as maintenance and operations, and
21 (c) key milestones to be met; (2) demonstrates that each
22 project/investment is, (a) consistent with the Farm Service
23 Agency Information Technology Roadmap, (b) being man-
24 aged in accordance with applicable lifecycle management
25 policies and guidance, and (c) subject to the applicable De-
•HR 2471 EAH
30
1 partment’s capital planning and investment control re-
2 quirements; and (3) has been reviewed by the Government
3 Accountability Office and approved by the Committees on
4 Appropriations of both Houses of Congress: Provided fur-
5 ther, That the agency shall submit a report by the end of
6 the fourth quarter of fiscal year 2022 to the Committees on
7 Appropriations and the Government Accountability Office,
8 that identifies for each project/investment that is oper-
9 ational (a) current performance against key indicators of
10 customer satisfaction, (b) current performance of service
11 level agreements or other technical metrics, (c) current per-
12 formance against a pre-established cost baseline, (d) a de-
13 tailed breakdown of current and planned spending on oper-
14 ational enhancements or upgrades, and (e) an assessment
15 of whether the investment continues to meet business needs
16 as intended as well as alternatives to the investment: Pro-
17 vided further, That the Secretary is authorized to use the
18 services, facilities, and authorities (but not the funds) of
19 the Commodity Credit Corporation to make program pay-
20 ments for all programs administered by the Agency: Pro-
21 vided further, That other funds made available to the Agen-
22 cy for authorized activities may be advanced to and merged
23 with this account: Provided further, That funds made avail-
24 able to county committees shall remain available until ex-
25 pended: Provided further, That none of the funds available
•HR 2471 EAH
31
1 to the Farm Service Agency shall be used to close Farm
2 Service Agency county offices: Provided further, That none
3 of the funds available to the Farm Service Agency shall be
4 used to permanently relocate county based employees that
5 would result in an office with two or fewer employees with-
6 out prior notification and approval of the Committees on
7 Appropriations of both Houses of Congress.
8 STATE MEDIATION GRANTS
9 For grants pursuant to section 502(b) of the Agricul-
10 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106),
11 $7,000,000.
12 GRASSROOTS SOURCE WATER PROTECTION PROGRAM
13 For necessary expenses to carry out wellhead or
14 groundwater protection activities under section 1240O of
15 the Food Security Act of 1985 (16 U.S.C. 3839bb–2),
16 $6,500,000, to remain available until expended.
17 DAIRY INDEMNITY PROGRAM
18 (INCLUDING TRANSFER OF FUNDS)
19 For necessary expenses involved in making indemnity
20 payments to dairy farmers and manufacturers of dairy
21 products under a dairy indemnity program, such sums as
22 may be necessary, to remain available until expended: Pro-
23 vided, That such program is carried out by the Secretary
24 in the same manner as the dairy indemnity program de-
25 scribed in the Agriculture, Rural Development, Food and
•HR 2471 EAH
32
1 Drug Administration, and Related Agencies Appropria-
2 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A–
3 12).
4 GEOGRAPHICALLY DISADVANTAGED FARMERS AND
5 RANCHERS
6 For necessary expenses to carry out direct reimburse-
7 ment payments to geographically disadvantaged farmers
8 and ranchers under section 1621 of the Food Conservation,
9 and Energy Act of 2008 (7 U.S.C. 8792), $3,000,000, to
10 remain available until expended.
11 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
12 ACCOUNT
13 (INCLUDING TRANSFERS OF FUNDS)
14 For gross obligations for the principal amount of di-
15 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.)
16 and operating (7 U.S.C. 1941 et seq.) loans, emergency
17 loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition
18 loans (25 U.S.C. 5136), boll weevil loans (7 U.S.C. 1989),
19 guaranteed conservation loans (7 U.S.C. 1924 et seq.), re-
20 lending program (7 U.S.C. 1936c), and Indian highly
21 fractionated land loans (25 U.S.C. 5136) to be available
22 from funds in the Agricultural Credit Insurance Fund, as
23 follows: $3,500,000,000 for guaranteed farm ownership
24 loans and $2,800,000,000 for farm ownership direct loans;
25 $2,118,482,000 for unsubsidized guaranteed operating loans
•HR 2471 EAH
33
1 and $1,633,333,000 for direct operating loans; emergency
2 loans, $37,668,000; Indian tribe land acquisition loans,
3 $20,000,000; guaranteed conservation loans, $150,000,000;
4 relending program, $61,425,000; Indian highly fractionated
5 land loans, $5,000,000; and for boll weevil eradication pro-
6 gram loans, $60,000,000: Provided, That the Secretary shall
7 deem the pink bollworm to be a boll weevil for the purpose
8 of boll weevil eradication program loans.
9 For the cost of direct and guaranteed loans and grants,
10 including the cost of modifying loans as defined in section
11 502 of the Congressional Budget Act of 1974, as follows:
12 $40,017,000 for direct farm operating loans, $16,524,000
13 for unsubsidized guaranteed farm operating loans, $267,000
14 for emergency loans, $5,000,000 for the relending program,
15 and $407,000 for Indian highly fractionated land loans, to
16 remain available until expended.
17 In addition, for administrative expenses necessary to
18 carry out the direct and guaranteed loan programs,
19 $314,772,000: Provided, That of this amount, $294,114,000
20 shall be transferred to and merged with the appropriation
21 for ‘‘Farm Service Agency, Salaries and Expenses’’.
22 Funds appropriated by this Act to the Agricultural
23 Credit Insurance Program Account for farm ownership, op-
24 erating and conservation direct loans and guaranteed loans
25 may be transferred among these programs: Provided, That
•HR 2471 EAH
34
1 the Committees on Appropriations of both Houses of Con-
2 gress are notified at least 15 days in advance of any trans-
3 fer.
4 RISK MANAGEMENT AGENCY
5 SALARIES AND EXPENSES
6 For necessary expenses of the Risk Management Agen-
7 cy, $62,707,000: Provided, That $1,000,000 of the amount
8 appropriated under this heading in this Act shall be avail-
9 able for compliance and integrity activities required under
10 section 516(b)(2)(C) of the Federal Crop Insurance Act of
11 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to
12 amounts otherwise provided for such purpose: Provided fur-
13 ther, That not to exceed $1,000 shall be available for official
14 reception and representation expenses, as authorized by 7
15 U.S.C. 1506(i).
16 NATURAL RESOURCES CONSERVATION SERVICE
17 CONSERVATION OPERATIONS
18 For necessary expenses for carrying out the provisions
19 of the Act of April 27, 1935 (16 U.S.C. 590a–f), including
20 preparation of conservation plans and establishment of
21 measures to conserve soil and water (including farm irriga-
22 tion and land drainage and such special measures for soil
23 and water management as may be necessary to prevent
24 floods and the siltation of reservoirs and to control agricul-
25 tural related pollutants); operation of conservation plant
•HR 2471 EAH
35
1 materials centers; classification and mapping of soil; dis-
2 semination of information; acquisition of lands, water, and
3 interests therein for use in the plant materials program by
4 donation, exchange, or purchase at a nominal cost not to
5 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
6 2268a); purchase and erection or alteration or improvement
7 of permanent and temporary buildings; and operation and
8 maintenance of aircraft, $904,396,000, to remain available
9 until September 30, 2023, of which up to $19,611,000 shall
10 be for the purposes, and in the amounts, specified for this
11 account in the table titled ‘‘Community Project Funding/
12 Congressionally Directed Spending’’ in the explanatory
13 statement described in section 4 (in the matter preceding
14 division A of this consolidated Act), in accordance with ap-
15 plicable statutory and regulatory requirements: Provided,
16 That any of the funds described in the table titled ‘‘Commu-
17 nity Project Funding/Congressionally Directed Spending’’
18 in the explanatory statement described in section 4 (in the
19 matter preceding division A of this consolidated Act) that
20 the Secretary determines will not be obligated during the
21 fiscal year shall not be subject to the direction provided in
22 such table: Provided further, That appropriations hereunder
23 shall be available pursuant to 7 U.S.C. 2250 for construc-
24 tion and improvement of buildings and public improve-
25 ments at plant materials centers, except that the cost of al-
•HR 2471 EAH
36
1 terations and improvements to other buildings and other
2 public improvements shall not exceed $250,000: Provided
3 further, That when buildings or other structures are erected
4 on non-Federal land, that the right to use such land is ob-
5 tained as provided in 7 U.S.C. 2250a: Provided further,
6 That of the total amount available under this heading,
7 $8,500,000 shall be for necessary expenses to carry out the
8 Urban Agriculture and Innovative Production Program
9 under section 222 of subtitle A of title II of the Department
10 of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923),
11 as amended by section 12302 of Public Law 115–334: Pro-
12 vided further, That of the total amount available,
13 $7,000,000 shall remain available until expended for nec-
14 essary expenses to carry out the Healthy Forests Reserve
15 Program under the Healthy Forest Restoration Act of 2003
16 (16 U.S.C. 6571–6578).
17 WATERSHED AND FLOOD PREVENTION OPERATIONS
18 For necessary expenses to carry out preventive meas-
19 ures, including but not limited to surveys and investiga-
20 tions, engineering operations, works of improvement, and
21 changes in use of land, in accordance with the Watershed
22 Protection and Flood Prevention Act (16 U.S.C. 1001–1005
23 and 1007–1009) and in accordance with the provisions of
24 laws relating to the activities of the Department,
25 $100,000,000, to remain available until expended, of which
•HR 2471 EAH
37
1 up to $23,275,000 shall be for the purposes, and in the
2 amounts, specified for this account in the table titled ‘‘Com-
3 munity Project Funding/Congressionally Directed Spend-
4 ing’’ in the explanatory statement described in section 4
5 (in the matter preceding division A of this consolidated
6 Act), in accordance with applicable statutory and regu-
7 latory requirements: Provided, That for funds provided by
8 this Act or any other prior Act, the limitation regarding
9 the size of the watershed or subwatershed exceeding two hun-
10 dred and fifty thousand acres in which such activities can
11 be undertaken shall only apply for activities undertaken for
12 the primary purpose of flood prevention (including struc-
13 tural and land treatment measures): Provided further, That
14 of the amounts made available under this heading,
15 $10,000,000 shall be allocated to projects and activities that
16 can commence promptly following enactment; that address
17 regional priorities for flood prevention, agricultural water
18 management, inefficient irrigation systems, fish and wild-
19 life habitat, or watershed protection; or that address author-
20 ized ongoing projects under the authorities of section 13 of
21 the Flood Control Act of December 22, 1944 (Public Law
22 78–534) with a primary purpose of watershed protection
23 by preventing floodwater damage and stabilizing stream
24 channels, tributaries, and banks to reduce erosion and sedi-
25 ment transport: Provided further, That of the amounts
•HR 2471 EAH
38
1 made available under this heading, $10,000,000 shall re-
2 main available until expended for the authorities under 16
3 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing
4 watershed projects with a primary purpose of providing
5 water to rural communities.
6 WATERSHED REHABILITATION PROGRAM
7 Under the authorities of section 14 of the Watershed
8 Protection and Flood Prevention Act, $1,000,000 is pro-
9 vided.
10 CORPORATIONS
11 The following corporations and agencies are hereby au-
12 thorized to make expenditures, within the limits of funds
13 and borrowing authority available to each such corporation
14 or agency and in accord with law, and to make contracts
15 and commitments without regard to fiscal year limitations
16 as provided by section 104 of the Government Corporation
17 Control Act as may be necessary in carrying out the pro-
18 grams set forth in the budget for the current fiscal year for
19 such corporation or agency, except as hereinafter provided.
20 FEDERAL CROP INSURANCE CORPORATION FUND
21 For payments as authorized by section 516 of the Fed-
22 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may
23 be necessary, to remain available until expended.
•HR 2471 EAH
39
1 COMMODITY CREDIT CORPORATION FUND
2 REIMBURSEMENT FOR NET REALIZED LOSSES
3 (INCLUDING TRANSFERS OF FUNDS)
4 For the current fiscal year, such sums as may be nec-
5 essary to reimburse the Commodity Credit Corporation for
6 net realized losses sustained, but not previously reimbursed,
7 pursuant to section 2 of the Act of August 17, 1961 (15
8 U.S.C. 713a–11): Provided, That of the funds available to
9 the Commodity Credit Corporation under section 11 of the
10 Commodity Credit Corporation Charter Act (15 U.S.C.
11 714i) for the conduct of its business with the Foreign Agri-
12 cultural Service, up to $5,000,000 may be transferred to
13 and used by the Foreign Agricultural Service for informa-
14 tion resource management activities of the Foreign Agricul-
15 tural Service that are not related to Commodity Credit Cor-
16 poration business.
17 HAZARDOUS WASTE MANAGEMENT
18 (LIMITATION ON EXPENSES)
19 For the current fiscal year, the Commodity Credit Cor-
20 poration shall not expend more than $15,000,000 for site
21 investigation and cleanup expenses, and operations and
22 maintenance expenses to comply with the requirement of
23 section 107(g) of the Comprehensive Environmental Re-
24 sponse, Compensation, and Liability Act (42 U.S.C.
•HR 2471 EAH
40
1 9607(g)), and section 6001 of the Solid Waste Disposal Act
2 (42 U.S.C. 6961).
•HR 2471 EAH
41
1 TITLE III
2 RURAL DEVELOPMENT PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR RURAL
4 DEVELOPMENT
5 For necessary expenses of the Office of the Under Sec-
6 retary for Rural Development, $1,580,000: Provided, That
7 funds made available by this Act to an agency in the Rural
8 Development mission area for salaries and expenses are
9 available to fund up to one administrative support staff for
10 the Office.
11 RURAL DEVELOPMENT
12 SALARIES AND EXPENSES
13 (INCLUDING TRANSFERS OF FUNDS)
14 For necessary expenses for carrying out the adminis-
15 tration and implementation of Rural Development pro-
16 grams, including activities with institutions concerning the
17 development and operation of agricultural cooperatives; and
18 for cooperative agreements; $300,285,000: Provided, That of
19 the amount made available under this heading, up to
20 $5,000,000 shall be for the StrikeForce activities of the De-
21 partment of Agriculture, and may be transferred to agencies
22 of the Department for such purpose, consistent with the mis-
23 sions and authorities of such agencies: Provided further,
24 That notwithstanding any other provision of law, funds ap-
25 propriated under this heading may be used for advertising
•HR 2471 EAH
42
1 and promotional activities that support Rural Development
2 programs: Provided further, That in addition to any other
3 funds appropriated for purposes authorized by section
4 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
5 amounts collected under such section, as amended by this
6 Act, will immediately be credited to this account and will
7 remain available until expended for such purposes.
8 RURAL HOUSING SERVICE
9 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
10 (INCLUDING TRANSFERS OF FUNDS)
11 For gross obligations for the principal amount of di-
12 rect and guaranteed loans as authorized by title V of the
13 Housing Act of 1949, to be available from funds in the rural
14 housing insurance fund, as follows: $1,250,000,000 shall be
15 for direct loans and $30,000,000,000 shall be for unsub-
16 sidized guaranteed loans; $28,000,000 for section 504 hous-
17 ing repair loans; $50,000,000 for section 515 rental hous-
18 ing; $250,000,000 for section 538 guaranteed multi-family
19 housing loans; $10,000,000 for credit sales of single family
20 housing acquired property; $5,000,000 for section 523 self-
21 help housing land development loans; and $5,000,000 for
22 section 524 site development loans.
23 For the cost of direct and guaranteed loans, including
24 the cost of modifying loans, as defined in section 502 of
25 the Congressional Budget Act of 1974, as follows: section
•HR 2471 EAH
43
1 502 loans, $23,250,000 shall be for direct loans; section 504
2 housing repair loans, $484,000; section 523 self-help hous-
3 ing land development loans, $55,000; section 524 site devel-
4 opment loans, $206,000; and repair, rehabilitation, and
5 new construction of section 515 rental housing, $4,470,000:
6 Provided, That to support the loan program level for section
7 538 guaranteed loans made available under this heading
8 the Secretary may charge or adjust any fees to cover the
9 projected cost of such loan guarantees pursuant to the provi-
10 sions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
11 seq.), and the interest on such loans may not be subsidized:
12 Provided further, That applicants in communities that have
13 a current rural area waiver under section 541 of the Hous-
14 ing Act of 1949 (42 U.S.C. 1490q) shall be treated as living
15 in a rural area for purposes of section 502 guaranteed loans
16 provided under this heading: Provided further, That of the
17 amounts available under this paragraph for section 502 di-
18 rect loans, no less than $5,000,000 shall be available for
19 direct loans for individuals whose homes will be built pur-
20 suant to a program funded with a mutual and self-help
21 housing grant authorized by section 523 of the Housing Act
22 of 1949 until June 1, 2022: Provided further, That the Sec-
23 retary shall implement provisions to provide incentives to
24 nonprofit organizations and public housing authorities to
25 facilitate the acquisition of Rural Housing Service (RHS)
•HR 2471 EAH
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1 multifamily housing properties by such nonprofit organiza-
2 tions and public housing authorities that commit to keep
3 such properties in the RHS multifamily housing program
4 for a period of time as determined by the Secretary, with
5 such incentives to include, but not be limited to, the fol-
6 lowing: allow such nonprofit entities and public housing
7 authorities to earn a Return on Investment on their own
8 resources to include proceeds from low income housing tax
9 credit syndication, own contributions, grants, and developer
10 loans at favorable rates and terms, invested in a deal; and
11 allow reimbursement of organizational costs associated with
12 owner’s oversight of asset referred to as ‘‘Asset Management
13 Fee’’ of up to $7,500 per property.
14 In addition, for the cost of direct loans and grants,
15 including the cost of modifying loans, as defined in section
16 502 of the Congressional Budget Act of 1974, $34,000,000,
17 to remain available until expended, for a demonstration
18 program for the preservation and revitalization of the sec-
19 tions 514, 515, and 516 multi-family rental housing prop-
20 erties to restructure existing USDA multi-family housing
21 loans, as the Secretary deems appropriate, expressly for the
22 purposes of ensuring the project has sufficient resources to
23 preserve the project for the purpose of providing safe and
24 affordable housing for low-income residents and farm labor-
25 ers including reducing or eliminating interest; deferring
•HR 2471 EAH
45
1 loan payments, subordinating, reducing or re-amortizing
2 loan debt; and other financial assistance including ad-
3 vances, payments and incentives (including the ability of
4 owners to obtain reasonable returns on investment) required
5 by the Secretary: Provided, That the Secretary shall, as
6 part of the preservation and revitalization agreement, ob-
7 tain a restrictive use agreement consistent with the terms
8 of the restructuring: Provided further, That any balances,
9 including obligated balances, available for all demonstra-
10 tion programs for the preservation and revitalization of sec-
11 tions 514, 515, and 516 multi-family rental housing prop-
12 erties in the ‘‘Multi-Family Housing Revitalization Pro-
13 gram Account’’ shall be transferred to and merged with this
14 account, and shall also be available for the preservation and
15 revitalization of sections 514, 515, and 516 multi-family
16 rental housing properties, including the restructuring of ex-
17 isting USDA multi-family housing loans: Provided further,
18 That following the transfer of balances described in the pre-
19 ceding proviso, any adjustments to obligations for dem-
20 onstration programs for the preservation and revitalization
21 of sections 514, 515, and 516 multi-family rental housing
22 properties that would otherwise be incurred in the ‘‘Multi-
23 Family Housing Revitalization Program Account’’ shall be
24 made in this account from amounts transferred to this ac-
25 count under the preceding proviso.
•HR 2471 EAH
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1 In addition, for the cost of direct loans, grants, and
2 contracts, as authorized by sections 514 and 516 of the
3 Housing Act of 1949 (42 U.S.C. 1484, 1486), $12,831,000,
4 to remain available until expended, for direct farm labor
5 housing loans and domestic farm labor housing grants and
6 contracts: Provided, That any balances available for the
7 Farm Labor Program Account shall be transferred to and
8 merged with this account.
9 In addition, for administrative expenses necessary to
10 carry out the direct and guaranteed loan programs,
11 $412,254,000 shall be transferred to and merged with the
12 appropriation for ‘‘Rural Development, Salaries and Ex-
13 penses’’.
14 RENTAL ASSISTANCE PROGRAM
15 For rental assistance agreements entered into or re-
16 newed pursuant to the authority under section 521(a)(2)
17 of the Housing Act of 1949 or agreements entered into in
18 lieu of debt forgiveness or payments for eligible households
19 as authorized by section 502(c)(5)(D) of the Housing Act
20 of 1949, $1,450,000,000, of which $40,000,000 shall be
21 available until September 30, 2023; and in addition such
22 sums as may be necessary, as authorized by section 521(c)
23 of the Act, to liquidate debt incurred prior to fiscal year
24 1992 to carry out the rental assistance program under sec-
25 tion 521(a)(2) of the Act: Provided, That rental assistance
•HR 2471 EAH
47
1 agreements entered into or renewed during the current fiscal
2 year shall be funded for a one-year period: Provided further,
3 That upon request by an owner of a project financed by
4 an existing loan under section 514 or 515 of the Act, the
5 Secretary may renew the rental assistance agreement for
6 a period of 20 years or until the term of such loan has
7 expired, subject to annual appropriations: Provided further,
8 That any unexpended balances remaining at the end of such
9 one-year agreements may be transferred and used for pur-
10 poses of any debt reduction, maintenance, repair, or reha-
11 bilitation of any existing projects; preservation; and rental
12 assistance activities authorized under title V of the Act: Pro-
13 vided further, That rental assistance provided under agree-
14 ments entered into prior to fiscal year 2022 for a farm labor
15 multi-family housing project financed under section 514 or
16 516 of the Act may not be recaptured for use in another
17 project until such assistance has remained unused for a pe-
18 riod of 12 consecutive months, if such project has a waiting
19 list of tenants seeking such assistance or the project has
20 rental assistance eligible tenants who are not receiving such
21 assistance: Provided further, That such recaptured rental
22 assistance shall, to the extent practicable, be applied to an-
23 other farm labor multi-family housing project financed
24 under section 514 or 516 of the Act: Provided further, That
25 except as provided in the fourth proviso under this heading
•HR 2471 EAH
48
1 and notwithstanding any other provision of the Act, the
2 Secretary may recapture rental assistance provided under
3 agreements entered into prior to fiscal year 2022 for a
4 project that the Secretary determines no longer needs rental
5 assistance and use such recaptured funds for current needs.
6 RURAL HOUSING VOUCHER ACCOUNT
7 For the rural housing voucher program as authorized
8 under section 542 of the Housing Act of 1949, but notwith-
9 standing subsection (b) of such section, $45,000,000, to re-
10 main available until expended: Provided, That the funds
11 made available under this heading shall be available for
12 rural housing vouchers to any low-income household (in-
13 cluding those not receiving rental assistance) residing in
14 a property financed with a section 515 loan which has been
15 prepaid or otherwise paid off after September 30, 2005:
16 Provided further, That the amount of such voucher shall be
17 the difference between comparable market rent for the sec-
18 tion 515 unit and the tenant paid rent for such unit: Pro-
19 vided further, That funds made available for such vouchers
20 shall be subject to the availability of annual appropriations:
21 Provided further, That the Secretary shall, to the maximum
22 extent practicable, administer such vouchers with current
23 regulations and administrative guidance applicable to sec-
24 tion 8 housing vouchers administered by the Secretary of
25 the Department of Housing and Urban Development: Pro-
•HR 2471 EAH
49
1 vided further, That in addition to any other available
2 funds, the Secretary may expend not more than $1,000,000
3 total, from the program funds made available under this
4 heading, for administrative expenses for activities funded
5 under this heading: Provided further, That any obligated
6 or unobligated balances for the rural housing voucher pro-
7 gram in the ‘‘Multi-Family Housing Revitalization Pro-
8 gram Account’’ shall be transferred to and merged with this
9 account and available for the rural housing voucher pro-
10 gram.
11 MUTUAL AND SELF-HELP HOUSING GRANTS
12 For grants and contracts pursuant to section
13 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c),
14 $32,000,000, to remain available until expended.
15 RURAL HOUSING ASSISTANCE GRANTS
16 For grants for very low-income housing repair and
17 rural housing preservation made by the Rural Housing
18 Service, as authorized by 42 U.S.C. 1474, and 1490m,
19 $48,000,000, to remain available until expended.
20 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
21 (INCLUDING TRANSFERS OF FUNDS)
22 For gross obligations for the principal amount of di-
23 rect and guaranteed loans as authorized by section 306 and
24 described in section 381E(d)(1) of the Consolidated Farm
•HR 2471 EAH
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1 and Rural Development Act, $2,800,000,000 for direct loans
2 and $650,000,000 for guaranteed loans.
3 For the cost of direct loans, loan guarantees and
4 grants, including the cost of modifying loans, as defined
5 in section 502 of the Congressional Budget Act of 1974, for
6 rural community facilities programs as authorized by sec-
7 tion 306 and described in section 381E(d)(1) of the Consoli-
8 dated Farm and Rural Development Act, $239,449,000, to
9 remain available until expended, of which up to
10 $183,448,714 shall be for the purposes, and in the amounts,
11 specified for this account in the table titled ‘‘Community
12 Project Funding/Congressionally Directed Spending’’ in the
13 explanatory statement described in section 4 (in the matter
14 preceding division A of this consolidated Act) in accordance
15 with applicable statutory and regulatory requirements ex-
16 cept for 7 CFR §3570.61(c): Provided, That $6,000,000 of
17 the amount appropriated under this heading shall be avail-
18 able for a Rural Community Development Initiative: Pro-
19 vided further, That such funds shall be used solely to develop
20 the capacity and ability of private, nonprofit community-
21 based housing and community development organizations,
22 low-income rural communities, and Federally Recognized
23 Native American Tribes to undertake projects to improve
24 housing, community facilities, community and economic
25 development projects in rural areas: Provided further, That
•HR 2471 EAH
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1 such funds shall be made available to qualified private, non-
2 profit and public intermediary organizations proposing to
3 carry out a program of financial and technical assistance:
4 Provided further, That such intermediary organizations
5 shall provide matching funds from other sources, including
6 Federal funds for related activities, in an amount not less
7 than funds provided: Provided further, That any unobli-
8 gated balances from prior year appropriations under this
9 heading for the cost of direct loans, loan guarantees and
10 grants, including amounts deobligated or cancelled, may be
11 made available to cover the subsidy costs for direct loans
12 and or loan guarantees under this heading in this fiscal
13 year: Provided further, That no amounts may be made
14 available pursuant to the preceding proviso from amounts
15 that were designated by the Congress as an emergency re-
16 quirement pursuant to a Concurrent Resolution on the
17 Budget or the Balanced Budget and Emergency Deficit
18 Control Act of 1985: Provided further, That $10,000,000 of
19 the amount appropriated under this heading shall be avail-
20 able for community facilities grants to tribal colleges, as
21 authorized by section 306(a)(19) of such Act: Provided fur-
22 ther, That sections 381E–H and 381N of the Consolidated
23 Farm and Rural Development Act are not applicable to the
24 funds made available under this heading.
•HR 2471 EAH
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1 RURAL BUSINESS—COOPERATIVE SERVICE
2 RURAL BUSINESS PROGRAM ACCOUNT
3 (INCLUDING TRANSFERS OF FUNDS)
4 For the cost of loan guarantees and grants, for the
5 rural business development programs authorized by section
6 310B and described in subsections (a), (c), (f) and (g) of
7 section 310B of the Consolidated Farm and Rural Develop-
8 ment Act, $73,125,000, to remain available until expended:
9 Provided, That of the amount appropriated under this
10 heading, not to exceed $500,000 shall be made available for
11 one grant to a qualified national organization to provide
12 technical assistance for rural transportation in order to
13 promote economic development and $9,000,000 shall be for
14 grants to the Delta Regional Authority (7 U.S.C. 2009aa
15 et seq.), the Northern Border Regional Commission (40
16 U.S.C. 15101 et seq.), and the Appalachian Regional Com-
17 mission (40 U.S.C. 14101 et seq.) for any Rural Commu-
18 nity Advancement Program purpose as described in section
19 381E(d) of the Consolidated Farm and Rural Development
20 Act, of which not more than 5 percent may be used for ad-
21 ministrative expenses: Provided further, That $4,000,000 of
22 the amount appropriated under this heading shall be for
23 business grants to benefit Federally Recognized Native
24 American Tribes, including $250,000 for a grant to a quali-
25 fied national organization to provide technical assistance
•HR 2471 EAH
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1 for rural transportation in order to promote economic de-
2 velopment: Provided further, That of the amount appro-
3 priated under this heading, $2,000,000 shall be for the
4 Rural Innovation Stronger Economy Grant Program (7
5 U.S.C. 2008w): Provided further, That sections 381E–H
6 and 381N of the Consolidated Farm and Rural Develop-
7 ment Act are not applicable to funds made available under
8 this heading.
9 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
10 (INCLUDING TRANSFER OF FUNDS)
11 For the principal amount of direct loans, as authorized
12 by the Intermediary Relending Program Fund Account (7
13 U.S.C. 1936b), $18,889,000.
14 For the cost of direct loans, $1,524,000, as authorized
15 by the Intermediary Relending Program Fund Account (7
16 U.S.C. 1936b), of which $167,000 shall be available through
17 June 30, 2022, for Federally Recognized Native American
18 Tribes; and of which $305,000 shall be available through
19 June 30, 2022, for Mississippi Delta Region counties (as
20 determined in accordance with Public Law 100–460): Pro-
21 vided, That such costs, including the cost of modifying such
22 loans, shall be as defined in section 502 of the Congressional
23 Budget Act of 1974.
24 In addition, for administrative expenses to carry out
25 the direct loan programs, $4,468,000 shall be transferred
•HR 2471 EAH
54
1 to and merged with the appropriation for ‘‘Rural Develop-
2 ment, Salaries and Expenses’’.
3 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
4 ACCOUNT
5 For the principal amount of direct loans, as authorized
6 under section 313B(a) of the Rural Electrification Act, for
7 the purpose of promoting rural economic development and
8 job creation projects, $50,000,000.
9 The cost of grants authorized under section 313B(a)
10 of the Rural Electrification Act, for the purpose of pro-
11 moting rural economic development and job creation
12 projects shall not exceed $10,000,000.
13 RURAL COOPERATIVE DEVELOPMENT GRANTS
14 For rural cooperative development grants authorized
15 under section 310B(e) of the Consolidated Farm and Rural
16 Development Act (7 U.S.C. 1932), $27,600,000, of which
17 $2,800,000 shall be for cooperative agreements for the ap-
18 propriate technology transfer for rural areas program: Pro-
19 vided, That not to exceed $3,000,000 shall be for grants for
20 cooperative development centers, individual cooperatives, or
21 groups of cooperatives that serve socially disadvantaged
22 groups and a majority of the boards of directors or gov-
23 erning boards of which are comprised of individuals who
24 are members of socially disadvantaged groups; and of which
25 $16,000,000, to remain available until expended, shall be
•HR 2471 EAH
55
1 for value-added agricultural product market development
2 grants, as authorized by section 210A of the Agricultural
3 Marketing Act of 1946, of which $3,000,000, to remain
4 available until expended, shall be for Agriculture Innova-
5 tion Centers authorized pursuant to section 6402 of Public
6 Law 107–171.
7 RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
8 For gross obligations for the principal amount of di-
9 rect loans as authorized by section 379E of the Consolidated
10 Farm and Rural Development Act (U.S.C. 2008s),
11 $150,000,000.
12 For the cost of grants, $6,500,000 under the same
13 terms and conditions as authorized by section 379E of the
14 Consolidated Farm and Rural Development Act (7 U.S.C.
15 2008s).
16 RURAL ENERGY FOR AMERICA PROGRAM
17 For the cost of a program of loan guarantees and
18 grants, under the same terms and conditions as authorized
19 by section 9007 of the Farm Security and Rural Investment
20 Act of 2002 (7 U.S.C. 8107), $12,920,000: Provided, That
21 the cost of loan guarantees, including the cost of modifying
22 such loans, shall be as defined in section 502 of the Congres-
23 sional Budget Act of 1974.
•HR 2471 EAH
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1 HEALTHY FOOD FINANCING INITIATIVE
2 For the cost of loans and grants that is consistent with
3 section 243 of subtitle D of title II of the Department of
4 Agriculture Reorganization Act of 1994 (7 U.S.C. 6953),
5 as added by section 4206 of the Agricultural Act of 2014,
6 for necessary expenses of the Secretary to support projects
7 that provide access to healthy food in underserved areas,
8 to create and preserve quality jobs, and to revitalize low-
9 income communities, $5,000,000, to remain available until
10 expended: Provided, That such costs of loans, including the
11 cost of modifying such loans, shall be as defined in section
12 502 of the Congressional Budget Act of 1974.
13 RURAL UTILITIES SERVICE
14 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
15 (INCLUDING TRANSFERS OF FUNDS)
16 For gross obligations for the principal amount of di-
17 rect and guaranteed loans as authorized by section 306 and
18 described in section 381E(d)(2) of the Consolidated Farm
19 and Rural Development Act, as follows: $1,400,000,000 for
20 direct loans; and $50,000,000 for guaranteed loans.
21 For the cost of loan guarantees and grants, including
22 the cost of modifying loans, as defined in section 502 of
23 the Congressional Budget Act of 1974, for rural water,
24 waste water, waste disposal, and solid waste management
25 programs authorized by sections 306, 306A, 306C, 306D,
•HR 2471 EAH
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1 306E, and 310B and described in sections 306C(a)(2),
2 306D, 306E, and 381E(d)(2) of the Consolidated Farm and
3 Rural Development Act, $653,307,000, to remain available
4 until expended, of which not to exceed $1,000,000 shall be
5 available for the rural utilities program described in section
6 306(a)(2)(B) of such Act, and of which not to exceed
7 $5,000,000 shall be available for the rural utilities program
8 described in section 306E of such Act: Provided, That not
9 to exceed $15,000,000 of the amount appropriated under
10 this heading shall be for grants authorized by section
11 306A(i)(2) of the Consolidated Farm and Rural Develop-
12 ment Act in addition to funding authorized by section
13 306A(i)(1) of such Act: Provided further, That $70,000,000
14 of the amount appropriated under this heading shall be for
15 loans and grants including water and waste disposal sys-
16 tems grants authorized by section 306C(a)(2)(B) and sec-
17 tion 306D of the Consolidated Farm and Rural Develop-
18 ment Act, and Federally Recognized Native American
19 Tribes authorized by 306C(a)(1) of such Act: Provided fur-
20 ther, That funding provided for section 306D of the Consoli-
21 dated Farm and Rural Development Act may be provided
22 to a consortium formed pursuant to section 325 of Public
23 Law 105–83: Provided further, That not more than 2 per-
24 cent of the funding provided for section 306D of the Consoli-
25 dated Farm and Rural Development Act may be used by
•HR 2471 EAH
58
1 the State of Alaska for training and technical assistance
2 programs and not more than 2 percent of the funding pro-
3 vided for section 306D of the Consolidated Farm and Rural
4 Development Act may be used by a consortium formed pur-
5 suant to section 325 of Public Law 105–83 for training and
6 technical assistance programs: Provided further, That not
7 to exceed $37,500,000 of the amount appropriated under
8 this heading shall be for technical assistance grants for
9 rural water and waste systems pursuant to section
10 306(a)(14) of such Act, unless the Secretary makes a deter-
11 mination of extreme need, of which $8,500,000 shall be
12 made available for a grant to a qualified nonprofit multi-
13 State regional technical assistance organization, with expe-
14 rience in working with small communities on water and
15 waste water problems, the principal purpose of such grant
16 shall be to assist rural communities with populations of
17 3,300 or less, in improving the planning, financing, devel-
18 opment, operation, and management of water and waste
19 water systems, and of which not less than $800,000 shall
20 be for a qualified national Native American organization
21 to provide technical assistance for rural water systems for
22 tribal communities: Provided further, That not to exceed
23 $20,762,000 of the amount appropriated under this heading
24 shall be for contracting with qualified national organiza-
25 tions for a circuit rider program to provide technical assist-
•HR 2471 EAH
59
1 ance for rural water systems: Provided further, That not
2 to exceed $4,000,000 of the amounts made available under
3 this heading shall be for solid waste management grants:
4 Provided further, That $10,000,000 of the amount appro-
5 priated under this heading shall be transferred to, and
6 merged with, the Rural Utilities Service, High Energy Cost
7 Grants Account to provide grants authorized under section
8 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
9 Provided further, That any prior year balances for high-
10 energy cost grants authorized by section 19 of the Rural
11 Electrification Act of 1936 (7 U.S.C. 918a) shall be trans-
12 ferred to and merged with the Rural Utilities Service, High
13 Energy Cost Grants Account: Provided further, That sec-
14 tions 381E–H and 381N of the Consolidated Farm and
15 Rural Development Act are not applicable to the funds
16 made available under this heading.
17 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
18 LOANS PROGRAM ACCOUNT
19 (INCLUDING TRANSFER OF FUNDS)
20 The principal amount of direct and guaranteed loans
21 as authorized by sections 4, 305, 306, and 317 of the Rural
22 Electrification Act of 1936 (7 U.S.C. 904, 935, 936, and
23 940g) shall be made as follows: loans made pursuant to sec-
24 tions 4(c), 305(d)(2), 306, and 317, notwithstanding 317(c)
25 and 4(c)(2), of that Act, rural direct electric loans,
•HR 2471 EAH
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1 $6,500,000,000; guaranteed underwriting loans pursuant to
2 section 313A of that Act, $750,000,000; 5 percent rural tele-
3 communications loans, cost of money rural telecommuni-
4 cations loans, and for loans made pursuant to section 306
5 of that Act, rural telecommunications loans, $690,000,000:
6 Provided, That up to $2,000,000,000 shall be used for the
7 construction, acquisition, design and engineering or im-
8 provement of fossil-fueled electric generating plants (wheth-
9 er new or existing) that utilize carbon subsurface utilization
10 and storage systems.
11 For the cost of direct loans as authorized by section
12 305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
13 935(d)(2)), including the cost of modifying loans, as defined
14 in section 502 of the Congressional Budget Act of 1974, cost
15 of money rural telecommunications loans, $2,070,000.
16 In addition, $11,500,000 to remain available until ex-
17 pended, to carry out section 6407 of the Farm Security and
18 Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
19 That the energy efficiency measures supported by the fund-
20 ing in this paragraph shall contribute in a demonstrable
21 way to the reduction of greenhouse gases.
22 In addition, for administrative expenses necessary to
23 carry out the direct and guaranteed loan programs,
24 $33,270,000, which shall be transferred to and merged with
•HR 2471 EAH
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1 the appropriation for ‘‘Rural Development, Salaries and
2 Expenses’’.
3 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND
4 PROGRAM
5 For grants for telemedicine and distance learning serv-
6 ices in rural areas, as authorized by 7 U.S.C. 950aaa et
7 seq., $62,510,000, to remain available until expended, of
8 which up to $2,510,000 shall be for the purposes, and in
9 the amounts, specified for this account in the table titled
10 ‘‘Community Project Funding/Congressionally Directed
11 Spending’’ in the explanatory statement described in sec-
12 tion 4 (in the matter preceding division A of this consoli-
13 dated Act), in accordance with applicable statutory and
14 regulatory requirements: Provided, That $3,000,000 shall be
15 made available for grants authorized by section 379G of the
16 Consolidated Farm and Rural Development Act: Provided
17 further, That funding provided under this heading for
18 grants under section 379G of the Consolidated Farm and
19 Rural Development Act may only be provided to entities
20 that meet all of the eligibility criteria for a consortium as
21 established by this section.
22 For the cost of broadband loans, as authorized by sec-
23 tions 601 and 602 of the Rural Electrification Act,
24 $2,272,000, to remain available until expended: Provided,
•HR 2471 EAH
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1 That the cost of direct loans shall be as defined in section
2 502 of the Congressional Budget Act of 1974.
3 For the broadband loan and grant pilot program es-
4 tablished by section 779 of division A of the Consolidated
5 Appropriations Act, 2018 (Public Law 115–141) under the
6 Rural Electrification Act of 1936, as amended (7 U.S.C.
7 901 et seq.), $436,605,000, to remain available until ex-
8 pended, of which up to $36,604,792 shall be for the pur-
9 poses, and in the amounts, specified for this account in the
10 table titled ‘‘Community Project Funding/Congressionally
11 Directed Spending’’ in the explanatory statement described
12 in section 4 (in the matter preceding division A of this con-
13 solidated Act), in accordance with applicable statutory and
14 regulatory requirements: Provided, That the Secretary may
15 award grants described in section 601(a) of the Rural Elec-
16 trification Act of 1936, as amended (7 U.S.C. 950bb(a)) for
17 the purposes of carrying out such pilot program: Provided
18 further, That the cost of direct loans shall be defined in sec-
19 tion 502 of the Congressional Budget Act of 1974: Provided
20 further, That at least 90 percent of the households to be
21 served by a project receiving a loan or grant under the pilot
22 program shall be in a rural area without sufficient access
23 to broadband: Provided further, That for purposes of such
24 pilot program, a rural area without sufficient access to
25 broadband shall be defined as twenty-five megabytes per sec-
•HR 2471 EAH
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1 ond downstream and three megabytes per second upstream:
2 Provided further, That to the extent possible, projects receiv-
3 ing funds provided under the pilot program must build out
4 service to at least one hundred megabytes per second down-
5 stream, and twenty megabytes per second upstream: Pro-
6 vided further, That an entity to which a loan or grant is
7 made under the pilot program shall not use the loan or
8 grant to overbuild or duplicate broadband service in a serv-
9 ice area by any entity that has received a broadband loan
10 from the Rural Utilities Service unless such service is not
11 provided sufficient access to broadband at the minimum
12 service threshold: Provided further, That not more than four
13 percent of the funds made available in this paragraph can
14 be used for administrative costs to carry out the pilot pro-
15 gram and up to three percent of funds made available in
16 this paragraph may be available for technical assistance
17 and pre-development planning activities to support the
18 most rural communities: Provided further, That the Rural
19 Utilities Service is directed to expedite program delivery
20 methods that would implement this paragraph: Provided
21 further, That for purposes of this paragraph, the Secretary
22 shall adhere to the notice, reporting and service area assess-
23 ment requirements set forth in section 701 of the Rural
24 Electrification Act (7 U.S.C. 950cc).
•HR 2471 EAH
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1 In addition, $35,000,000, to remain available until ex-
2 pended, for the Community Connect Grant Program au-
3 thorized by 7 U.S.C. 950bb–3.
•HR 2471 EAH
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1 TITLE IV
2 DOMESTIC FOOD PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR FOOD,
4 NUTRITION, AND CONSUMER SERVICES
5 For necessary expenses of the Office of the Under Sec-
6 retary for Food, Nutrition, and Consumer Services,
7 $1,327,000: Provided, That funds made available by this
8 Act to an agency in the Food, Nutrition and Consumer
9 Services mission area for salaries and expenses are avail-
10 able to fund up to one administrative support staff for the
11 Office.
12 FOOD AND NUTRITION SERVICE
13 CHILD NUTRITION PROGRAMS
14 (INCLUDING TRANSFERS OF FUNDS)
15 For necessary expenses to carry out the Richard B.
16 Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
17 except section 21, and the Child Nutrition Act of 1966 (42
18 U.S.C. 1771 et seq.), except sections 17 and 21;
19 $26,883,922,000 to remain available through September 30,
20 2023, of which such sums as are made available under sec-
21 tion 14222(b)(1) of the Food, Conservation, and Energy Act
22 of 2008 (Public Law 110–246), as amended by this Act,
23 shall be merged with and available for the same time period
24 and purposes as provided herein: Provided, That of the total
25 amount available, $18,004,000 shall be available to carry
•HR 2471 EAH
66
1 out section 19 of the Child Nutrition Act of 1966 (42 U.S.C.
2 1771 et seq.): Provided further, That of the total amount
3 available, $15,607,000 shall be available to carry out stud-
4 ies and evaluations and shall remain available until ex-
5 pended: Provided further, That of the total amount avail-
6 able, $12,000,000 shall remain available until expended to
7 carry out section 18(g) of the Richard B. Russell National
8 School Lunch Act (42 U.S.C. 1769(g)): Provided further,
9 That notwithstanding section 18(g)(3)(C) of the Richard B.
10 Russell National School Lunch Act (42 U.S.C.
11 1769(g)(3)(c)), the total grant amount provided to a farm
12 to school grant recipient in fiscal year 2022 shall not exceed
13 $500,000: Provided further, That of the total amount avail-
14 able, $30,000,000 shall be available to provide competitive
15 grants to State agencies for subgrants to local educational
16 agencies and schools to purchase the equipment, with a
17 value of greater than $1,000, needed to serve healthier
18 meals, improve food safety, and to help support the estab-
19 lishment, maintenance, or expansion of the school breakfast
20 program: Provided further, That of the total amount avail-
21 able, $45,000,000 shall remain available until expended to
22 carry out section 749(g) of the Agriculture Appropriations
23 Act of 2010 (Public Law 111–80): Provided further, That
24 of the total amount available, $2,000,000 shall remain
25 available until expended to carry out activities authorized
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1 under subsections (a)(2) and (e)(2) of section 21 of the Rich-
2 ard B. Russell National School Lunch Act (42 U.S.C.
3 1769b–1(a)(2) and (e)(2)): Provided further, That of the
4 total amount available, $6,000,000 shall be available until
5 September 30, 2023 to carry out section 23 of the Child
6 Nutrition Act of 1966 (42 U.S.C. 1793), of which
7 $2,000,000 shall be for grants under such section to the
8 Commonwealth of Puerto Rico, the Commonwealth of the
9 Northern Mariana Islands, the United States Virgin Is-
10 lands, Guam, and American Samoa: Provided further, That
11 section 26(d) of the Richard B. Russell National School
12 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first
13 sentence by striking ‘‘2010 through 2022’’ and inserting
14 ‘‘2010 through 2023’’: Provided further, That section
15 9(h)(3) of the Richard B. Russell National School Lunch
16 Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence
17 by striking ‘‘For fiscal year 2021’’ and inserting ‘‘For fiscal
18 year 2022’’: Provided further, That section 9(h)(4) of the
19 Richard B. Russell National School Lunch Act (42 U.S.C.
20 1758(h)(4)) is amended in the first sentence by striking
21 ‘‘For fiscal year 2021’’ and inserting ‘‘For fiscal year
22 2022’’.
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1 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
2 WOMEN, INFANTS, AND CHILDREN (WIC)
3 For necessary expenses to carry out the special supple-
4 mental nutrition program as authorized by section 17 of
5 the Child Nutrition Act of 1966 (42 U.S.C. 1786),
6 $6,000,000,000, to remain available through September 30,
7 2023: Provided, That notwithstanding section 17(h)(10) of
8 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
9 not less than $90,000,000 shall be used for breastfeeding
10 peer counselors and other related activities, and
11 $14,000,000 shall be used for infrastructure: Provided fur-
12 ther, That none of the funds provided in this account shall
13 be available for the purchase of infant formula except in
14 accordance with the cost containment and competitive bid-
15 ding requirements specified in section 17 of such Act: Pro-
16 vided further, That none of the funds provided shall be
17 available for activities that are not fully reimbursed by
18 other Federal Government departments or agencies unless
19 authorized by section 17 of such Act: Provided further, That
20 upon termination of a federally mandated vendor morato-
21 rium and subject to terms and conditions established by the
22 Secretary, the Secretary may waive the requirement at 7
23 CFR 246.12(g)(6) at the request of a State agency.
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1 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
2 For necessary expenses to carry out the Food and Nu-
3 trition Act of 2008 (7 U.S.C. 2011 et seq.),
4 $140,440,868,000, of which $3,000,000,000, to remain
5 available through September 30, 2024, shall be placed in
6 reserve for use only in such amounts and at such times as
7 may become necessary to carry out program operations:
8 Provided, That funds provided herein shall be expended in
9 accordance with section 16 of the Food and Nutrition Act
10 of 2008: Provided further, That of the funds made available
11 under this heading, $998,000 may be used to provide nutri-
12 tion education services to State agencies and Federally Rec-
13 ognized Tribes participating in the Food Distribution Pro-
14 gram on Indian Reservations: Provided further, That of the
15 funds made available under this heading, $3,000,000, to re-
16 main available until September 30, 2023, shall be used to
17 carry out section 4003(b) of Public Law 115–334 relating
18 to demonstration projects for tribal organizations: Provided
19 further, That this appropriation shall be subject to any
20 work registration or workfare requirements as may be re-
21 quired by law: Provided further, That funds made available
22 for Employment and Training under this heading shall re-
23 main available through September 30, 2023: Provided fur-
24 ther, That funds made available under this heading for sec-
25 tion 28(d)(1), section 4(b), and section 27(a) of the Food
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1 and Nutrition Act of 2008 shall remain available through
2 September 30, 2023: Provided further, That none of the
3 funds made available under this heading may be obligated
4 or expended in contravention of section 213A of the Immi-
5 gration and Nationality Act (8 U.S.C. 1183A): Provided
6 further, That funds made available under this heading may
7 be used to enter into contracts and employ staff to conduct
8 studies, evaluations, or to conduct activities related to pro-
9 gram integrity provided that such activities are authorized
10 by the Food and Nutrition Act of 2008.
11 COMMODITY ASSISTANCE PROGRAM
12 For necessary expenses to carry out disaster assistance
13 and the Commodity Supplemental Food Program as au-
14 thorized by section 4(a) of the Agriculture and Consumer
15 Protection Act of 1973 (7 U.S.C. 612c note); the Emergency
16 Food Assistance Act of 1983; special assistance for the nu-
17 clear affected islands, as authorized by section 103(f)(2) of
18 the Compact of Free Association Amendments Act of 2003
19 (Public Law 108–188); and the Farmers’ Market Nutrition
20 Program, as authorized by section 17(m) of the Child Nutri-
21 tion Act of 1966, $440,070,000, to remain available through
22 September 30, 2023: Provided, That none of these funds
23 shall be available to reimburse the Commodity Credit Cor-
24 poration for commodities donated to the program: Provided
25 further, That notwithstanding any other provision of law,
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1 effective with funds made available in fiscal year 2022 to
2 support the Seniors Farmers’ Market Nutrition Program,
3 as authorized by section 4402 of the Farm Security and
4 Rural Investment Act of 2002, such funds shall remain
5 available through September 30, 2023: Provided further,
6 That of the funds made available under section 27(a) of
7 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)),
8 the Secretary may use up to 20 percent for costs associated
9 with the distribution of commodities.
10 NUTRITION PROGRAMS ADMINISTRATION
11 For necessary administrative expenses of the Food and
12 Nutrition Service for carrying out any domestic nutrition
13 assistance program, $170,133,000: Provided, That of the
14 funds provided herein, $2,000,000 shall be used for the pur-
15 poses of section 4404 of Public Law 107–171, as amended
16 by section 4401 of Public Law 110–246.
17 TITLE V
18 FOREIGN ASSISTANCE AND RELATED PROGRAMS
19 OFFICE OF THE UNDER SECRETARY FOR TRADE AND
20 FOREIGN AGRICULTURAL AFFAIRS
21 For necessary expenses of the Office of the Under Sec-
22 retary for Trade and Foreign Agricultural Affairs,
23 $908,000: Provided, That funds made available by this Act
24 to any agency in the Trade and Foreign Agricultural Af-
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1 fairs mission area for salaries and expenses are available
2 to fund up to one administrative support staff for the Office.
3 OFFICE OF CODEX ALIMENTARIUS
4 For necessary expenses of the Office of Codex
5 Alimentarius, $4,841,000, including not to exceed $40,000
6 for official reception and representation expenses.
7 FOREIGN AGRICULTURAL SERVICE
8 SALARIES AND EXPENSES
9 (INCLUDING TRANSFERS OF FUNDS)
10 For necessary expenses of the Foreign Agricultural
11 Service, including not to exceed $250,000 for representation
12 allowances and for expenses pursuant to section 8 of the
13 Act approved August 3, 1956 (7 U.S.C. 1766),
14 $228,644,000, of which no more than 6 percent shall remain
15 available until September 30, 2023, for overseas operations
16 to include the payment of locally employed staff: Provided,
17 That the Service may utilize advances of funds, or reim-
18 burse this appropriation for expenditures made on behalf
19 of Federal agencies, public and private organizations and
20 institutions under agreements executed pursuant to the ag-
21 ricultural food production assistance programs (7 U.S.C.
22 1737) and the foreign assistance programs of the United
23 States Agency for International Development: Provided fur-
24 ther, That funds made available for middle-income country
25 training programs, funds made available for the Borlaug
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1 International Agricultural Science and Technology Fellow-
2 ship program, and up to $2,000,000 of the Foreign Agricul-
3 tural Service appropriation solely for the purpose of offset-
4 ting fluctuations in international currency exchange rates,
5 subject to documentation by the Foreign Agricultural Serv-
6 ice, shall remain available until expended.
7 FOOD FOR PEACE TITLE II GRANTS
8 For expenses during the current fiscal year, not other-
9 wise recoverable, and unrecovered prior years’ costs, includ-
10 ing interest thereon, under the Food for Peace Act (Public
11 Law 83–480), for commodities supplied in connection with
12 dispositions abroad under title II of said Act,
13 $1,740,000,000, to remain available until expended.
14 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION
15 AND CHILD NUTRITION PROGRAM GRANTS
16 For necessary expenses to carry out the provisions of
17 section 3107 of the Farm Security and Rural Investment
18 Act of 2002 (7 U.S.C. 1736o–1), $237,000,000, to remain
19 available until expended: Provided, That the Commodity
20 Credit Corporation is authorized to provide the services, fa-
21 cilities, and authorities for the purpose of implementing
22 such section, subject to reimbursement from amounts pro-
23 vided herein: Provided further, That of the amount made
24 available under this heading, not more than 10 percent, but
25 not less than $23,700,000, shall remain available until ex-
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1 pended to purchase agricultural commodities as described
2 in subsection 3107(a)(2) of the Farm Security and Rural
3 Investment Act of 2002 (7 U.S.C. 1736o–1(a)(2)).
4 COMMODITY CREDIT CORPORATION EXPORT (LOANS)
5 CREDIT GUARANTEE PROGRAM ACCOUNT
6 (INCLUDING TRANSFERS OF FUNDS)
7 For administrative expenses to carry out the Com-
8 modity Credit Corporation’s Export Guarantee Program,
9 GSM 102 and GSM 103, $6,063,000, to cover common over-
10 head expenses as permitted by section 11 of the Commodity
11 Credit Corporation Charter Act and in conformity with the
12 Federal Credit Reform Act of 1990, which shall be trans-
13 ferred to and merged with the appropriation for ‘‘Foreign
14 Agricultural Service, Salaries and Expenses’’.
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1 TITLE VI
2 RELATED AGENCIES AND FOOD AND DRUG
3 ADMINISTRATION
4 DEPARTMENT OF HEALTH AND HUMAN SERVICES
5 FOOD AND DRUG ADMINISTRATION
6 SALARIES AND EXPENSES
7 (INCLUDING TRANSFERS OF FUNDS)
8 For necessary expenses of the Food and Drug Adminis-
9 tration, including hire and purchase of passenger motor ve-
10 hicles; for payment of space rental and related costs pursu-
11 ant to Public Law 92–313 for programs and activities of
12 the Food and Drug Administration which are included in
13 this Act; for rental of special purpose space in the District
14 of Columbia or elsewhere; in addition to amounts appro-
15 priated to the FDA Innovation Account, for carrying out
16 the activities described in section 1002(b)(4) of the 21st
17 Century Cures Act (Public Law 114–255); for miscellaneous
18 and emergency expenses of enforcement activities, author-
19 ized and approved by the Secretary and to be accounted
20 for solely on the Secretary’s certificate, not to exceed
21 $25,000; and notwithstanding section 521 of Public Law
22 107–188; $6,095,882,000: Provided, That of the amount
23 provided under this heading, $1,200,129,000 shall be de-
24 rived from prescription drug user fees authorized by 21
25 U.S.C. 379h, and shall be credited to this account and re-
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1 main available until expended; $243,473,000 shall be de-
2 rived from medical device user fees authorized by 21 U.S.C.
3 379j, and shall be credited to this account and remain
4 available until expended; $539,656,000 shall be derived
5 from human generic drug user fees authorized by 21 U.S.C.
6 379j–42, and shall be credited to this account and remain
7 available until expended; $40,040,000 shall be derived from
8 biosimilar biological product user fees authorized by 21
9 U.S.C. 379j–52, and shall be credited to this account and
10 remain available until expended; $31,641,000 shall be de-
11 rived from animal drug user fees authorized by 21 U.S.C.
12 379j–12, and shall be credited to this account and remain
13 available until expended; $24,798,000 shall be derived from
14 generic new animal drug user fees authorized by 21 U.S.C.
15 379j–21, and shall be credited to this account and remain
16 available until expended; $712,000,000 shall be derived
17 from tobacco product user fees authorized by 21 U.S.C.
18 387s, and shall be credited to this account and remain
19 available until expended: Provided further, That in addi-
20 tion to and notwithstanding any other provision under this
21 heading, amounts collected for prescription drug user fees,
22 medical device user fees, human generic drug user fees, bio-
23 similar biological product user fees, animal drug user fees,
24 and generic new animal drug user fees that exceed the re-
25 spective fiscal year 2022 limitations are appropriated and
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1 shall be credited to this account and remain available until
2 expended: Provided further, That fees derived from prescrip-
3 tion drug, medical device, human generic drug, biosimilar
4 biological product, animal drug, and generic new animal
5 drug assessments for fiscal year 2022, including any such
6 fees collected prior to fiscal year 2022 but credited for fiscal
7 year 2022, shall be subject to the fiscal year 2022 limita-
8 tions: Provided further, That the Secretary may accept pay-
9 ment during fiscal year 2022 of user fees specified under
10 this heading and authorized for fiscal year 2023, prior to
11 the due date for such fees, and that amounts of such fees
12 assessed for fiscal year 2023 for which the Secretary accepts
13 payment in fiscal year 2022 shall not be included in
14 amounts under this heading: Provided further, That none
15 of these funds shall be used to develop, establish, or operate
16 any program of user fees authorized by 31 U.S.C. 9701:
17 Provided further, That of the total amount appropriated:
18 (1) $1,133,176,000 shall be for the Center for Food Safety
19 and Applied Nutrition and related field activities in the
20 Office of Regulatory Affairs, of which no less than
21 $15,000,000 shall be used for inspections of foreign seafood
22 manufacturers and field examinations of imported seafood;
23 (2) $2,115,017,000 shall be for the Center for Drug Evalua-
24 tion and Research and related field activities in the Office
25 of Regulatory Affairs, of which no less than $8,500,000 shall
•HR 2471 EAH
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1 be for pilots to increase unannounced foreign inspections
2 and shall remain available until expended; (3)
3 $456,882,000 shall be for the Center for Biologics Evalua-
4 tion and Research and for related field activities in the Of-
5 fice of Regulatory Affairs; (4) $254,255,000 shall be for the
6 Center for Veterinary Medicine and for related field activi-
7 ties in the Office of Regulatory Affairs; (5) $628,639,000
8 shall be for the Center for Devices and Radiological Health
9 and for related field activities in the Office of Regulatory
10 Affairs; (6) $70,348,000 shall be for the National Center for
11 Toxicological Research; (7) $679,944,000 shall be for the
12 Center for Tobacco Products and for related field activities
13 in the Office of Regulatory Affairs; (8) $192,691,000 shall
14 be for Rent and Related activities, of which $53,832,000
15 is for White Oak Consolidation, other than the amounts
16 paid to the General Services Administration for rent; (9)
17 $235,691,000 shall be for payments to the General Services
18 Administration for rent; and (10) $329,239,000 shall be for
19 other activities, including the Office of the Commissioner
20 of Food and Drugs, the Office of Food Policy and Response,
21 the Office of Operations, the Office of the Chief Scientist,
22 and central services for these offices: Provided further, That
23 not to exceed $25,000 of this amount shall be for official
24 reception and representation expenses, not otherwise pro-
25 vided for, as determined by the Commissioner: Provided
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1 further, That any transfer of funds pursuant to, and for
2 the administration of, section 770(n) of the Federal Food,
3 Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only
4 be from amounts made available under this heading for
5 other activities and shall not exceed $2,000,000: Provided
6 further, That of the amounts that are made available under
7 this heading for ‘‘other activities’’, and that are not derived
8 from user fees, $1,500,000 shall be transferred to and
9 merged with the appropriation for ‘‘Department of Health
10 and Human Services—Office of Inspector General’’ for
11 oversight of the programs and operations of the Food and
12 Drug Administration and shall be in addition to funds oth-
13 erwise made available for oversight of the Food and Drug
14 Administration: Provided further, That funds may be
15 transferred from one specified activity to another with the
16 prior approval of the Committees on Appropriations of both
17 Houses of Congress.
18 In addition, mammography user fees authorized by 42
19 U.S.C. 263b, export certification user fees authorized by 21
20 U.S.C. 381, priority review user fees authorized by 21
21 U.S.C. 360n and 360ff, food and feed recall fees, food rein-
22 spection fees, and voluntary qualified importer program
23 fees authorized by 21 U.S.C. 379j–31, outsourcing facility
24 fees authorized by 21 U.S.C. 379j–62, prescription drug
25 wholesale distributor licensing and inspection fees author-
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1 ized by 21 U.S.C. 353(e)(3), third-party logistics provider
2 licensing and inspection fees authorized by 21 U.S.C.
3 360eee–3(c)(1), third-party auditor fees authorized by 21
4 U.S.C. 384d(c)(8), medical countermeasure priority review
5 voucher user fees authorized by 21 U.S.C. 360bbb–4a, and
6 fees relating to over-the-counter monograph drugs author-
7 ized by 21 U.S.C. 379j–72 shall be credited to this account,
8 to remain available until expended.
9 BUILDINGS AND FACILITIES
10 For plans, construction, repair, improvement, exten-
11 sion, alteration, demolition, and purchase of fixed equip-
12 ment or facilities of or used by the Food and Drug Adminis-
13 tration, where not otherwise provided, $12,788,000, to re-
14 main available until expended.
15 FDA INNOVATION ACCOUNT, CURES ACT
16 (INCLUDING TRANSFER OF FUNDS)
17 For necessary expenses to carry out the purposes de-
18 scribed under section 1002(b)(4) of the 21st Century Cures
19 Act, in addition to amounts available for such purposes
20 under the heading ‘‘Salaries and Expenses’’, $50,000,000,
21 to remain available until expended: Provided, That
22 amounts appropriated in this paragraph are appropriated
23 pursuant to section 1002(b)(3) of the 21st Century Cures
24 Act, are to be derived from amounts transferred under sec-
25 tion 1002(b)(2)(A) of such Act, and may be transferred by
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1 the Commissioner of Food and Drugs to the appropriation
2 for ‘‘Department of Health and Human Services Food and
3 Drug Administration Salaries and Expenses’’ solely for the
4 purposes provided in such Act: Provided further, That upon
5 a determination by the Commissioner that funds trans-
6 ferred pursuant to the previous proviso are not necessary
7 for the purposes provided, such amounts may be transferred
8 back to the account: Provided further, That such transfer
9 authority is in addition to any other transfer authority
10 provided by law.
11 INDEPENDENT AGENCIES
12 COMMODITY FUTURES TRADING COMMISSION
13 (INCLUDING TRANSFER OF FUNDS)
14 For necessary expenses to carry out the provisions of
15 the Commodity Exchange Act (7 U.S.C. 1 et seq.), including
16 the purchase and hire of passenger motor vehicles, and the
17 rental of space (to include multiple year leases), in the Dis-
18 trict of Columbia and elsewhere, $320,000,000, including
19 not to exceed $3,000 for official reception and representa-
20 tion expenses, and not to exceed $25,000 for the expenses
21 for consultations and meetings hosted by the Commission
22 with foreign governmental and other regulatory officials, of
23 which not less than $20,000,000 shall remain available
24 until September 30, 2023, and of which not less than
25 $4,017,000 shall be for expenses of the Office of the Inspector
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1 General: Provided, That notwithstanding the limitations in
2 31 U.S.C. 1553, amounts provided under this heading are
3 available for the liquidation of obligations equal to current
4 year payments on leases entered into prior to the date of
5 enactment of this Act: Provided further, That for the pur-
6 pose of recording and liquidating any lease obligations that
7 should have been recorded and liquidated against accounts
8 closed pursuant to 31 U.S.C. 1552, and consistent with the
9 preceding proviso, such amounts shall be transferred to and
10 recorded in a no-year account in the Treasury, which has
11 been established for the sole purpose of recording adjust-
12 ments for and liquidating such unpaid obligations.
13 In addition, for move, replication, and related costs
14 associated with replacement leases for the Commission’s fa-
15 cilities, not to exceed $62,000,000, to remain available until
16 expended.
17 FARM CREDIT ADMINISTRATION
18 LIMITATION ON ADMINISTRATIVE EXPENSES
19 Not to exceed $84,200,000 (from assessments collected
20 from farm credit institutions, including the Federal Agri-
21 cultural Mortgage Corporation) shall be obligated during
22 the current fiscal year for administrative expenses as au-
23 thorized under 12 U.S.C. 2249: Provided, That this limita-
24 tion shall not apply to expenses associated with receiver-
25 ships: Provided further, That the agency may exceed this
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1 limitation by up to 10 percent with notification to the Com-
2 mittees on Appropriations of both Houses of Congress: Pro-
3 vided further, That the purposes of section 3.7(b)(2)(A)(i)
4 of the Farm Credit Act of 1971 (12 U.S.C.
5 2128(b)(2)(A)(i)), the Farm Credit Administration may ex-
6 empt, an amount in its sole discretion, from the application
7 of the limitation provided in that clause of export loans
8 described in the clause guaranteed or insured in a manner
9 other than described in subclause (II) of the clause.
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1 TITLE VII
2 GENERAL PROVISIONS
3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
4 SEC. 701. The Secretary may use any appropriations
5 made available to the Department of Agriculture in this
6 Act to purchase new passenger motor vehicles, in addition
7 to specific appropriations for this purpose, so long as the
8 total number of vehicles purchased in fiscal year 2022 does
9 not exceed the number of vehicles owned or leased in fiscal
10 year 2018: Provided, That, prior to purchasing additional
11 motor vehicles, the Secretary must determine that such vehi-
12 cles are necessary for transportation safety, to reduce oper-
13 ational costs, and for the protection of life, property, and
14 public safety: Provided further, That the Secretary may not
15 increase the Department of Agriculture’s fleet above the
16 2018 level unless the Secretary notifies in writing, and re-
17 ceives approval from, the Committees on Appropriations of
18 both Houses of Congress within 30 days of the notification.
19 SEC. 702. Notwithstanding any other provision of this
20 Act, the Secretary of Agriculture may transfer unobligated
21 balances of discretionary funds appropriated by this Act
22 or any other available unobligated discretionary balances
23 that are remaining available of the Department of Agri-
24 culture to the Working Capital Fund for the acquisition of
25 property, plant and equipment and for the improvement,
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1 delivery, and implementation of Department financial, and
2 administrative information technology services, and other
3 support systems necessary for the delivery of financial, ad-
4 ministrative, and information technology services, includ-
5 ing cloud adoption and migration, of primary benefit to
6 the agencies of the Department of Agriculture, such trans-
7 ferred funds to remain available until expended: Provided,
8 That none of the funds made available by this Act or any
9 other Act shall be transferred to the Working Capital Fund
10 without the prior approval of the agency administrator:
11 Provided further, That none of the funds transferred to the
12 Working Capital Fund pursuant to this section shall be
13 available for obligation without written notification to and
14 the prior approval of the Committees on Appropriations of
15 both Houses of Congress: Provided further, That none of the
16 funds appropriated by this Act or made available to the
17 Department’s Working Capital Fund shall be available for
18 obligation or expenditure to make any changes to the De-
19 partment’s National Finance Center without written notifi-
20 cation to and prior approval of the Committees on Appro-
21 priations of both Houses of Congress as required by section
22 716 of this Act: Provided further, That none of the funds
23 appropriated by this Act or made available to the Depart-
24 ment’s Working Capital Fund shall be available for obliga-
25 tion or expenditure to initiate, plan, develop, implement,
•HR 2471 EAH
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1 or make any changes to remove or relocate any systems,
2 missions, personnel, or functions of the offices of the Chief
3 Financial Officer and the Chief Information Officer, co-lo-
4 cated with or from the National Finance Center prior to
5 written notification to and prior approval of the Committee
6 on Appropriations of both Houses of Congress and in ac-
7 cordance with the requirements of section 716 of this Act:
8 Provided further, That the National Finance Center Infor-
9 mation Technology Services Division personnel and data
10 center management responsibilities, and control of any
11 functions, missions, and systems for current and future
12 human resources management and integrated personnel and
13 payroll systems (PPS) and functions provided by the Chief
14 Financial Officer and the Chief Information Officer shall
15 remain in the National Finance Center and under the man-
16 agement responsibility and administrative control of the
17 National Finance Center: Provided further, That the Sec-
18 retary of Agriculture and the offices of the Chief Financial
19 Officer shall actively market to existing and new Depart-
20 ments and other government agencies National Finance
21 Center shared services including, but not limited to, payroll,
22 financial management, and human capital shared services
23 and allow the National Finance Center to perform tech-
24 nology upgrades: Provided further, That of annual income
25 amounts in the Working Capital Fund of the Department
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1 of Agriculture attributable to the amounts in excess of the
2 true costs of the shared services provided by the National
3 Finance Center and budgeted for the National Finance Cen-
4 ter, the Secretary shall reserve not more than 4 percent for
5 the replacement or acquisition of capital equipment, includ-
6 ing equipment for the improvement, delivery, and imple-
7 mentation of financial, administrative, and information
8 technology services, and other systems of the National Fi-
9 nance Center or to pay any unforeseen, extraordinary cost
10 of the National Finance Center: Provided further, That
11 none of the amounts reserved shall be available for obliga-
12 tion unless the Secretary submits written notification of the
13 obligation to the Committees on Appropriations of both
14 Houses of Congress: Provided further, That the limitations
15 on the obligation of funds pending notification to Congres-
16 sional Committees shall not apply to any obligation that,
17 as determined by the Secretary, is necessary to respond to
18 a declared state of emergency that significantly impacts the
19 operations of the National Finance Center; or to evacuate
20 employees of the National Finance Center to a safe haven
21 to continue operations of the National Finance Center.
22 SEC. 703. No part of any appropriation contained in
23 this Act shall remain available for obligation beyond the
24 current fiscal year unless expressly so provided herein.
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1 SEC. 704. No funds appropriated by this Act may be
2 used to pay negotiated indirect cost rates on cooperative
3 agreements or similar arrangements between the United
4 States Department of Agriculture and nonprofit institu-
5 tions in excess of 10 percent of the total direct cost of the
6 agreement when the purpose of such cooperative arrange-
7 ments is to carry out programs of mutual interest between
8 the two parties. This does not preclude appropriate pay-
9 ment of indirect costs on grants and contracts with such
10 institutions when such indirect costs are computed on a
11 similar basis for all agencies for which appropriations are
12 provided in this Act.
13 SEC. 705. Appropriations to the Department of Agri-
14 culture for the cost of direct and guaranteed loans made
15 available in the current fiscal year shall remain available
16 until expended to disburse obligations made in the current
17 fiscal year for the following accounts: the Rural Develop-
18 ment Loan Fund program account, the Rural Electrifica-
19 tion and Telecommunication Loans program account, and
20 the Rural Housing Insurance Fund program account.
21 SEC. 706. None of the funds made available to the De-
22 partment of Agriculture by this Act may be used to acquire
23 new information technology systems or significant up-
24 grades, as determined by the Office of the Chief Information
25 Officer, without the approval of the Chief Information Offi-
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1 cer and the concurrence of the Executive Information Tech-
2 nology Investment Review Board: Provided, That notwith-
3 standing any other provision of law, none of the funds ap-
4 propriated or otherwise made available by this Act may be
5 transferred to the Office of the Chief Information Officer
6 without written notification to and the prior approval of
7 the Committees on Appropriations of both Houses of Con-
8 gress: Provided further, That notwithstanding section 11319
9 of title 40, United States Code, none of the funds available
10 to the Department of Agriculture for information technology
11 shall be obligated for projects, contracts, or other agreements
12 over $25,000 prior to receipt of written approval by the
13 Chief Information Officer: Provided further, That the Chief
14 Information Officer may authorize an agency to obligate
15 funds without written approval from the Chief Information
16 Officer for projects, contracts, or other agreements up to
17 $250,000 based upon the performance of an agency meas-
18 ured against the performance plan requirements described
19 in the explanatory statement accompanying Public Law
20 113–235.
21 SEC. 707. Funds made available under section 524(b)
22 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in
23 the current fiscal year shall remain available until ex-
24 pended to disburse obligations made in the current fiscal
25 year.
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1 SEC. 708. Notwithstanding any other provision of law,
2 any former Rural Utilities Service borrower that has repaid
3 or prepaid an insured, direct or guaranteed loan under the
4 Rural Electrification Act of 1936, or any not-for-profit util-
5 ity that is eligible to receive an insured or direct loan under
6 such Act, shall be eligible for assistance under section
7 313B(a) of such Act in the same manner as a borrower
8 under such Act.
9 SEC. 709. (a) Except as otherwise specifically provided
10 by law, not more than $20,000,000 in unobligated balances
11 from appropriations made available for salaries and ex-
12 penses in this Act for the Farm Service Agency shall remain
13 available through September 30, 2023, for information tech-
14 nology expenses.
15 (b) Except as otherwise specifically provided by law,
16 not more than $20,000,000 in unobligated balances from
17 appropriations made available for salaries and expenses in
18 this Act for the Rural Development mission area shall re-
19 main available through September 30, 2023, for informa-
20 tion technology expenses.
21 SEC. 710. None of the funds appropriated or otherwise
22 made available by this Act may be used for first-class travel
23 by the employees of agencies funded by this Act in con-
24 travention of sections 301–10.122 through 301–10.124 of
25 title 41, Code of Federal Regulations.
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1 SEC. 711. In the case of each program established or
2 amended by the Agricultural Act of 2014 (Public Law 113–
3 79) or by a successor to that Act, other than by title I or
4 subtitle A of title III of such Act, or programs for which
5 indefinite amounts were provided in that Act, that is au-
6 thorized or required to be carried out using funds of the
7 Commodity Credit Corporation—
8 (1) such funds shall be available for salaries and
9 related administrative expenses, including technical
10 assistance, associated with the implementation of the
11 program, without regard to the limitation on the total
12 amount of allotments and fund transfers contained in
13 section 11 of the Commodity Credit Corporation
14 Charter Act (15 U.S.C. 714i); and
15 (2) the use of such funds for such purpose shall
16 not be considered to be a fund transfer or allotment
17 for purposes of applying the limitation on the total
18 amount of allotments and fund transfers contained in
19 such section.
20 SEC. 712. Of the funds made available by this Act, not
21 more than $2,900,000 shall be used to cover necessary ex-
22 penses of activities related to all advisory committees, pan-
23 els, commissions, and task forces of the Department of Agri-
24 culture, except for panels used to comply with negotiated
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1 rule makings and panels used to evaluate competitively
2 awarded grants.
3 SEC. 713. (a) None of the funds made available in this
4 Act may be used to maintain or establish a computer net-
5 work unless such network blocks the viewing, downloading,
6 and exchanging of pornography.
7 (b) Nothing in subsection (a) shall limit the use of
8 funds necessary for any Federal, State, tribal, or local law
9 enforcement agency or any other entity carrying out crimi-
10 nal investigations, prosecution, or adjudication activities.
11 SEC. 714. Notwithstanding subsection (b) of section
12 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this
13 section referred to as ‘‘section 14222’’), none of the funds
14 appropriated or otherwise made available by this or any
15 other Act shall be used to pay the salaries and expenses of
16 personnel to carry out a program under section 32 of the
17 Act of August 24, 1935 (7 U.S.C. 612c; in this section re-
18 ferred to as ‘‘section 32’’) in excess of $1,391,211,000 (exclu-
19 sive of carryover appropriations from prior fiscal years),
20 as follows: Child Nutrition Programs Entitlement Commod-
21 ities—$485,000,000; State Option Contracts—$5,000,000;
22 Removal of Defective Commodities—$2,500,000; Adminis-
23 tration of section 32 Commodity Purchases—$36,810,000:
24 Provided, That, of the total funds made available in the
25 matter preceding this proviso that remain unobligated on
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1 October 1, 2022, such unobligated balances shall carryover
2 into fiscal year 2023 and shall remain available until ex-
3 pended for any of the purposes of section 32, except that
4 any such carryover funds used in accordance with clause
5 (3) of section 32 may not exceed $350,000,000 and may
6 not be obligated until the Secretary of Agriculture provides
7 written notification of the expenditures to the Committees
8 on Appropriations of both Houses of Congress at least two
9 weeks in advance: Provided further, That, with the excep-
10 tion of any available carryover funds authorized in any
11 prior appropriations Act to be used for the purposes of
12 clause (3) of section 32, none of the funds appropriated or
13 otherwise made available by this or any other Act shall be
14 used to pay the salaries or expenses of any employee of the
15 Department of Agriculture to carry out clause (3) of section
16 32.
17 SEC. 715. None of the funds appropriated by this or
18 any other Act shall be used to pay the salaries and expenses
19 of personnel who prepare or submit appropriations lan-
20 guage as part of the President’s budget submission to the
21 Congress for programs under the jurisdiction of the Appro-
22 priations Subcommittees on Agriculture, Rural Develop-
23 ment, Food and Drug Administration, and Related Agen-
24 cies that assumes revenues or reflects a reduction from the
25 previous year due to user fees proposals that have not been
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1 enacted into law prior to the submission of the budget unless
2 such budget submission identifies which additional spend-
3 ing reductions should occur in the event the user fees pro-
4 posals are not enacted prior to the date of the convening
5 of a committee of conference for the fiscal year 2023 appro-
6 priations Act.
7 SEC. 716. (a) None of the funds provided by this Act,
8 or provided by previous appropriations Acts to the agencies
9 funded by this Act that remain available for obligation or
10 expenditure in the current fiscal year, or provided from any
11 accounts in the Treasury derived by the collection of fees
12 available to the agencies funded by this Act, shall be avail-
13 able for obligation or expenditure through a reprogram-
14 ming, transfer of funds, or reimbursements as authorized
15 by the Economy Act, or in the case of the Department of
16 Agriculture, through use of the authority provided by sec-
17 tion 702(b) of the Department of Agriculture Organic Act
18 of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89–
19 106 (7 U.S.C. 2263), that—
20 (1) creates new programs;
21 (2) eliminates a program, project, or activity;
22 (3) increases funds or personnel by any means
23 for any project or activity for which funds have been
24 denied or restricted;
25 (4) relocates an office or employees;
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1 (5) reorganizes offices, programs, or activities; or
2 (6) contracts out or privatizes any functions or
3 activities presently performed by Federal employees;
4 unless the Secretary of Agriculture, the Secretary of Health
5 and Human Services, or the Chairman of the Commodity
6 Futures Trading Commission (as the case may be) notifies
7 in writing and receives approval from the Committees on
8 Appropriations of both Houses of Congress at least 30 days
9 in advance of the reprogramming of such funds or the use
10 of such authority.
11 (b) None of the funds provided by this Act, or provided
12 by previous Appropriations Acts to the agencies funded by
13 this Act that remain available for obligation or expenditure
14 in the current fiscal year, or provided from any accounts
15 in the Treasury derived by the collection of fees available
16 to the agencies funded by this Act, shall be available for
17 obligation or expenditure for activities, programs, or
18 projects through a reprogramming or use of the authorities
19 referred to in subsection (a) involving funds in excess of
20 $500,000 or 10 percent, whichever is less, that—
21 (1) augments existing programs, projects, or ac-
22 tivities;
23 (2) reduces by 10 percent funding for any exist-
24 ing program, project, or activity, or numbers of per-
25 sonnel by 10 percent as approved by Congress; or
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1 (3) results from any general savings from a re-
2 duction in personnel which would result in a change
3 in existing programs, activities, or projects as ap-
4 proved by Congress;
5 unless the Secretary of Agriculture, the Secretary of Health
6 and Human Services, or the Chairman of the Commodity
7 Futures Trading Commission (as the case may be) notifies
8 in writing and receives approval from the Committees on
9 Appropriations of both Houses of Congress at least 30 days
10 in advance of the reprogramming or transfer of such funds
11 or the use of such authority.
12 (c) The Secretary of Agriculture, the Secretary of
13 Health and Human Services, or the Chairman of the Com-
14 modity Futures Trading Commission shall notify in writ-
15 ing and receive approval from the Committees on Appro-
16 priations of both Houses of Congress before implementing
17 any program or activity not carried out during the pre-
18 vious fiscal year unless the program or activity is funded
19 by this Act or specifically funded by any other Act.
20 (d) None of the funds provided by this Act, or provided
21 by previous Appropriations Acts to the agencies funded by
22 this Act that remain available for obligation or expenditure
23 in the current fiscal year, or provided from any accounts
24 in the Treasury derived by the collection of fees available
25 to the agencies funded by this Act, shall be available for—
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1 (1) modifying major capital investments funding
2 levels, including information technology systems, that
3 involves increasing or decreasing funds in the current
4 fiscal year for the individual investment in excess of
5 $500,000 or 10 percent of the total cost, whichever is
6 less;
7 (2) realigning or reorganizing new, current, or
8 vacant positions or agency activities or functions to
9 establish a center, office, branch, or similar entity
10 with five or more personnel; or
11 (3) carrying out activities or functions that were
12 not described in the budget request;
13 unless the agencies funded by this Act notify, in writing,
14 the Committees on Appropriations of both Houses of Con-
15 gress at least 30 days in advance of using the funds for
16 these purposes.
17 (e) As described in this section, no funds may be used
18 for any activities unless the Secretary of Agriculture, the
19 Secretary of Health and Human Services, or the Chairman
20 of the Commodity Futures Trading Commission receives
21 from the Committee on Appropriations of both Houses of
22 Congress written or electronic mail confirmation of receipt
23 of the notification as required in this section.
24 SEC. 717. Notwithstanding section 310B(g)(5) of the
25 Consolidated Farm and Rural Development Act (7 U.S.C.
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1 1932(g)(5)), the Secretary may assess a one-time fee for any
2 guaranteed business and industry loan in an amount that
3 does not exceed 3 percent of the guaranteed principal por-
4 tion of the loan.
5 SEC. 718. None of the funds appropriated or otherwise
6 made available to the Department of Agriculture, the Food
7 and Drug Administration, the Commodity Futures Trading
8 Commission, or the Farm Credit Administration shall be
9 used to transmit or otherwise make available reports, ques-
10 tions, or responses to questions that are a result of informa-
11 tion requested for the appropriations hearing process to any
12 non-Department of Agriculture, non-Department of Health
13 and Human Services, non-Commodity Futures Trading
14 Commission, or non-Farm Credit Administration employee.
15 SEC. 719. Unless otherwise authorized by existing law,
16 none of the funds provided in this Act, may be used by an
17 executive branch agency to produce any prepackaged news
18 story intended for broadcast or distribution in the United
19 States unless the story includes a clear notification within
20 the text or audio of the prepackaged news story that the
21 prepackaged news story was prepared or funded by that ex-
22 ecutive branch agency.
23 SEC. 720. No employee of the Department of Agri-
24 culture may be detailed or assigned from an agency or office
25 funded by this Act or any other Act to any other agency
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1 or office of the Department for more than 60 days in a
2 fiscal year unless the individual’s employing agency or of-
3 fice is fully reimbursed by the receiving agency or office
4 for the salary and expenses of the employee for the period
5 of assignment.
6 SEC. 721. Not later than 30 days after the date of en-
7 actment of this Act, the Secretary of Agriculture, the Com-
8 missioner of the Food and Drug Administration, the Chair-
9 man of the Commodity Futures Trading Commission, and
10 the Chairman of the Farm Credit Administration shall sub-
11 mit to the Committees on Appropriations of both Houses
12 of Congress a detailed spending plan by program, project,
13 and activity for all the funds made available under this
14 Act including appropriated user fees, as defined in the ex-
15 planatory statement described in section 4 (in the matter
16 preceding division A of this consolidated Act).
17 SEC. 722. Of the unobligated balances from amounts
18 made available for the supplemental nutrition program as
19 authorized by section 17 of the Child Nutrition Act of 1966
20 (42 U.S.C. 1786), $621,672,000 are hereby rescinded: Pro-
21 vided, That no amounts may be rescinded from amounts
22 that were designated by the Congress as an emergency re-
23 quirement pursuant to a Concurrent Resolution on the
24 Budget or the Balanced Budget and Emergency Deficit
25 Control Act of 1985.
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1 SEC. 723. For the purposes of determining eligibility
2 or level of program assistance for Rural Development pro-
3 grams the Secretary shall not include incarcerated prison
4 populations.
5 SEC. 724. For loans and loan guarantees that do not
6 require budget authority and the program level has been
7 established in this Act, the Secretary of Agriculture may
8 increase the program level for such loans and loan guaran-
9 tees by not more than 25 percent: Provided, That prior to
10 the Secretary implementing such an increase, the Secretary
11 notifies, in writing, the Committees on Appropriations of
12 both Houses of Congress at least 15 days in advance.
13 SEC. 725. None of the credit card refunds or rebates
14 transferred to the Working Capital Fund pursuant to sec-
15 tion 729 of the Agriculture, Rural Development, Food and
16 Drug Administration, and Related Agencies Appropria-
17 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) shall
18 be available for obligation without written notification to,
19 and the prior approval of, the Committees on Appropria-
20 tions of both Houses of Congress: Provided, That the refunds
21 or rebates so transferred shall be available for obligation
22 only for the acquisition of property, plant and equipment,
23 including equipment for the improvement, delivery, and
24 implementation of Departmental financial management,
25 information technology, and other support systems nec-
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1 essary for the delivery of financial, administrative, and in-
2 formation technology services, including cloud adoption and
3 migration, of primary benefit to the agencies of the Depart-
4 ment of Agriculture.
5 SEC. 726. None of the funds made available by this
6 Act may be used to implement, administer, or enforce the
7 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc-
8 ing Retailer Standards in the Supplemental Nutrition As-
9 sistance Program (SNAP)’’ published by the Department
10 of Agriculture in the Federal Register on December 15, 2016
11 (81 Fed. Reg. 90675) until the Secretary of Agriculture
12 amends the definition of the term ‘‘variety’’ as defined in
13 section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regula-
14 tions, and ‘‘variety’’ as applied in the definition of the term
15 ‘‘staple food’’ as defined in section 271.2 of title 7, Code
16 of Federal Regulations, to increase the number of items that
17 qualify as acceptable varieties in each staple food category
18 so that the total number of such items in each staple food
19 category exceeds the number of such items in each staple
20 food category included in the final rule as published on De-
21 cember 15, 2016: Provided, That until the Secretary pro-
22 mulgates such regulatory amendments, the Secretary shall
23 apply the requirements regarding acceptable varieties and
24 breadth of stock to Supplemental Nutrition Assistance Pro-
25 gram retailers that were in effect on the day before the date
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1 of the enactment of the Agricultural Act of 2014 (Public
2 Law 113–79).
3 SEC. 727. In carrying out subsection (h) of section 502
4 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary
5 of Agriculture shall have the same authority with respect
6 to loans guaranteed under such section and eligible lenders
7 for such loans as the Secretary has under subsections (h)
8 and (j) of section 538 of such Act (42 U.S.C. 1490p–2) with
9 respect to loans guaranteed under such section 538 and eli-
10 gible lenders for such loans.
11 SEC. 728. None of the funds appropriated or otherwise
12 made available by this Act shall be available for the United
13 States Department of Agriculture to propose, finalize or im-
14 plement any regulation that would promulgate new user
15 fees pursuant to 31 U.S.C. 9701 after the date of the enact-
16 ment of this Act.
17 SEC. 729. None of the funds made available by this
18 or any other Act may be used to carry out the final rule
19 promulgated by the Food and Drug Administration and
20 put into effect November 16, 2015, in regards to the hazard
21 analysis and risk-based preventive control requirements of
22 the current good manufacturing practice, hazard analysis,
23 and risk-based preventive controls for food for animals rule
24 with respect to the regulation of the production, distribu-
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1 tion, sale, or receipt of dried spent grain byproducts of the
2 alcoholic beverage production process.
3 SEC. 730. The National Bio and Agro-Defense Facility
4 shall be transferred this or any fiscal year hereafter without
5 reimbursement from the Secretary of Homeland Security to
6 the Secretary of Agriculture.
7 SEC. 731. (a) The Secretary of Agriculture shall—
8 (1) conduct audits in a manner that evaluates
9 the following factors in the country or region being
10 audited, as applicable—
11 (A) veterinary control and oversight;
12 (B) disease history and vaccination prac-
13 tices;
14 (C) livestock demographics and traceability;
15 (D) epidemiological separation from poten-
16 tial sources of infection;
17 (E) surveillance practices;
18 (F) diagnostic laboratory capabilities; and
19 (G) emergency preparedness and response;
20 and
21 (2) promptly make publicly available the final
22 reports of any audits or reviews conducted pursuant
23 to subsection (1).
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1 (b) This section shall be applied in a manner con-
2 sistent with United States obligations under its inter-
3 national trade agreements.
4 SEC. 732. None of the funds made available by this
5 Act may be used to implement section 3.7(f) of the Farm
6 Credit Act of 1971 in a manner inconsistent with section
7 343(a)(13) of the Consolidated Farm and Rural Develop-
8 ment Act.
9 SEC. 733. None of the funds made available by this
10 Act may be used to carry out any activities or incur any
11 expense related to the issuance of licenses under section 3
12 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal
13 of such licenses, to class B dealers who sell Random Source
14 dogs and cats for use in research, experiments, teaching,
15 or testing.
16 SEC. 734. (a)(1) No Federal funds made available for
17 this fiscal year for the rural water, waste water, waste dis-
18 posal, and solid waste management programs authorized by
19 sections 306, 306A, 306C, 306D, 306E, and 310B of the
20 Consolidated Farm and Rural Development Act (7 U.S.C.
21 1926 et seq.) shall be used for a project for the construction,
22 alteration, maintenance, or repair of a public water or
23 wastewater system unless all of the iron and steel products
24 used in the project are produced in the United States.
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1 (2) In this section, the term ‘‘iron and steel products’’
2 means the following products made primarily of iron or
3 steel: lined or unlined pipes and fittings, manhole covers
4 and other municipal castings, hydrants, tanks, flanges, pipe
5 clamps and restraints, valves, structural steel, reinforced
6 precast concrete, and construction materials.
7 (b) Subsection (a) shall not apply in any case or cat-
8 egory of cases in which the Secretary of Agriculture (in this
9 section referred to as the ‘‘Secretary’’) or the designee of
10 the Secretary finds that—
11 (1) applying subsection (a) would be inconsistent
12 with the public interest;
13 (2) iron and steel products are not produced in
14 the United States in sufficient and reasonably avail-
15 able quantities or of a satisfactory quality; or
16 (3) inclusion of iron and steel products produced
17 in the United States will increase the cost of the over-
18 all project by more than 25 percent.
19 (c) If the Secretary or the designee receives a request
20 for a waiver under this section, the Secretary or the designee
21 shall make available to the public on an informal basis a
22 copy of the request and information available to the Sec-
23 retary or the designee concerning the request, and shall
24 allow for informal public input on the request for at least
25 15 days prior to making a finding based on the request.
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1 The Secretary or the designee shall make the request and
2 accompanying information available by electronic means,
3 including on the official public Internet Web site of the De-
4 partment.
5 (d) This section shall be applied in a manner con-
6 sistent with United States obligations under international
7 agreements.
8 (e) The Secretary may retain up to 0.25 percent of
9 the funds appropriated in this Act for ‘‘Rural Utilities
10 Service—Rural Water and Waste Disposal Program Ac-
11 count’’ for carrying out the provisions described in sub-
12 section (a)(1) for management and oversight of the require-
13 ments of this section.
14 (f) Subsection (a) shall not apply with respect to a
15 project for which the engineering plans and specifications
16 include use of iron and steel products otherwise prohibited
17 by such subsection if the plans and specifications have re-
18 ceived required approvals from State agencies prior to the
19 date of enactment of this Act.
20 (g) For purposes of this section, the terms ‘‘United
21 States’’ and ‘‘State’’ shall include each of the several States,
22 the District of Columbia, and each Federally recognized In-
23 dian Tribe.
24 SEC. 735. None of the funds appropriated by this Act
25 may be used in any way, directly or indirectly, to influence
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1 congressional action on any legislation or appropriation
2 matters pending before Congress, other than to commu-
3 nicate to Members of Congress as described in 18 U.S.C.
4 1913.
5 SEC. 736. Of the total amounts made available by this
6 Act for direct loans and grants under the following head-
7 ings: ‘‘Rural Housing Service—Rural Housing Insurance
8 Fund Program Account’’; ‘‘Rural Housing Service—Mu-
9 tual and Self-Help Housing Grants’’; ‘‘Rural Housing
10 Service—Rural Housing Assistance Grants’’; ‘‘Rural Hous-
11 ing Service—Rural Community Facilities Program Ac-
12 count’’; ‘‘Rural Business-Cooperative Service—Rural Busi-
13 ness Program Account’’; ‘‘Rural Business-Cooperative Serv-
14 ice—Rural Economic Development Loans Program Ac-
15 count’’; ‘‘Rural Business-Cooperative Service—Rural Coop-
16 erative Development Grants’’; ‘‘Rural Business-Cooperative
17 Service—Rural Microentrepreneur Assistance Program’’;
18 ‘‘Rural Utilities Service—Rural Water and Waste Disposal
19 Program Account’’; ‘‘Rural Utilities Service—Rural Elec-
20 trification and Telecommunications Loans Program Ac-
21 count’’; and ‘‘Rural Utilities Service—Distance Learning,
22 Telemedicine, and Broadband Program’’, to the maximum
23 extent feasible, at least 10 percent of the funds shall be allo-
24 cated for assistance in persistent poverty counties under
25 this section, including, notwithstanding any other provision
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1 regarding population limits, any county seat of such a per-
2 sistent poverty county that has a population that does not
3 exceed the authorized population limit by more than 10 per-
4 cent: Provided, That for purposes of this section, the term
5 ‘‘persistent poverty counties’’ means any county that has
6 had 20 percent or more of its population living in poverty
7 over the past 30 years, as measured by the 1990 and 2000
8 decennial censuses, and 2007–2011 American Community
9 Survey 5-year average, or any territory or possession of the
10 United States: Provided further, That with respect to spe-
11 cific activities for which program levels have been made
12 available by this Act that are not supported by budget au-
13 thority, the requirements of this section shall be applied to
14 such program level.
15 SEC. 737. None of the funds made available by this
16 Act may be used to notify a sponsor or otherwise acknowl-
17 edge receipt of a submission for an exemption for investiga-
18 tional use of a drug or biological product under section
19 505(i) of the Federal Food, Drug, and Cosmetic Act (21
20 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
21 Service Act (42 U.S.C. 262(a)(3)) in research in which a
22 human embryo is intentionally created or modified to in-
23 clude a heritable genetic modification. Any such submission
24 shall be deemed to have not been received by the Secretary,
25 and the exemption may not go into effect.
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1 SEC. 738. None of the funds made available by this
2 or any other Act may be used to enforce the final rule pro-
3 mulgated by the Food and Drug Administration entitled
4 ‘‘Standards for the Growing, Harvesting, Packing, and
5 Holding of Produce for Human Consumption,’’ and pub-
6 lished on November 27, 2015, with respect to the regulation
7 of entities that grow, harvest, pack, or hold wine grapes,
8 hops, pulse crops, or almonds.
9 SEC. 739. There is hereby appropriated $5,000,000, to
10 remain available until September 30, 2023, for a pilot pro-
11 gram for the National Institute of Food and Agriculture
12 to provide grants to nonprofit organizations for programs
13 and services to establish and enhance farming and ranching
14 opportunities for military veterans.
15 SEC. 740. For school years 2021–2022 and 2022–2023,
16 none of the funds made available by this Act may be used
17 to implement or enforce the matter following the first
18 comma in the second sentence of footnote (c) of section
19 220.8(c) of title 7, Code of Federal Regulations, with respect
20 to the substitution of vegetables for fruits under the school
21 breakfast program established under section 4 of the Child
22 Nutrition Act of 1966 (42 U.S.C. 1773).
23 SEC. 741. None of the funds made available by this
24 Act or any other Act may be used—
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1 (1) in contravention of section 7606 of the Agri-
2 cultural Act of 2014 (7 U.S.C. 5940), subtitle G of the
3 Agricultural Marketing Act of 1946, or section 10114
4 of the Agriculture Improvement Act of 2018; or
5 (2) to prohibit the transportation, processing,
6 sale, or use of hemp, or seeds of such plant, that is
7 grown or cultivated in accordance with section 7606
8 of the Agricultural Act of 2014 or Subtitle G of the
9 Agricultural Marketing Act of 1946, within or outside
10 the State in which the hemp is grown or cultivated.
11 SEC. 742. There is hereby appropriated $3,000,000, to
12 remain available until expended, for grants under section
13 12502 of Public Law 115–334.
14 SEC. 743. There is hereby appropriated $1,000,000 to
15 carry out section 3307 of Public Law 115–334.
16 SEC. 744. The Secretary of Agriculture may waive the
17 matching funds requirement under section 412(g) of the Ag-
18 ricultural Research, Extension, and Education Reform Act
19 of 1998 (7 U.S.C. 7632(g)).
20 SEC. 745. There is hereby appropriated $2,000,000, to
21 remain available until expended, for a pilot program for
22 the Secretary to provide grants to qualified non-profit orga-
23 nizations and public housing authorities to provide tech-
24 nical assistance, including financial and legal services, to
25 RHS multi-family housing borrowers to facilitate the ac-
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1 quisition of RHS multi-family housing properties in areas
2 where the Secretary determines a risk of loss of affordable
3 housing, by non-profit housing organizations and public
4 housing authorities as authorized by law that commit to
5 keep such properties in the RHS multi-family housing pro-
6 gram for a period of time as determined by the Secretary.
7 SEC. 746. There is hereby appropriated $3,000,000, to
8 carry out section 4208 of Public Law 115–334, including
9 for project locations in additional regions and timely com-
10 pletion of required reporting to Congress.
11 SEC. 747. There is hereby appropriated $4,000,000 to
12 carry out section 12301 of Public Law 115–334.
13 SEC. 748. In response to an eligible community where
14 the drinking water supplies are inadequate due to a natural
15 disaster, as determined by the Secretary, including drought
16 or severe weather, the Secretary may provide potable water
17 through the Emergency Community Water Assistance
18 Grant Program for an additional period of time not to ex-
19 ceed 120 days beyond the established period provided under
20 the Program in order to protect public health.
21 SEC. 749. Funds made available under title II of the
22 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
23 used to provide assistance to recipient nations if adequate
24 monitoring and controls, as determined by the Adminis-
25 trator, are in place to ensure that emergency food aid is
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1 received by the intended beneficiaries in areas affected by
2 food shortages and not diverted for unauthorized or inap-
3 propriate purposes.
4 SEC. 750. In this fiscal year, and notwithstanding any
5 other provision of law, ARS facilities as described in the
6 ‘‘Memorandum of Understanding Between the U.S. Depart-
7 ment of Agriculture Animal and Plant Health Inspection
8 Service (APHIS) and the U.S. Department of Agriculture
9 Agricultural Research Service (ARS) Concerning Labora-
10 tory Animal Welfare’’ (16–6100–0103–MU Revision 16–1)
11 shall be inspected by APHIS for compliance with the Ani-
12 mal Welfare Act and its regulations and standards.
13 SEC. 751. None of the funds made available by this
14 Act may be used to procure raw or processed poultry prod-
15 ucts imported into the United States from the People’s Re-
16 public of China for use in the school lunch program under
17 the Richard B. Russell National School Lunch Act (42
18 U.S.C. 1751 et seq.), the Child and Adult Care Food Pro-
19 gram under section 17 of such Act (42 U.S.C. 1766), the
20 Summer Food Service Program for Children under section
21 13 of such Act (42 U.S.C. 1761), or the school breakfast
22 program under the Child Nutrition Act of 1966 (42 U.S.C.
23 1771 et seq.).
24 SEC. 752. For school year 2022–2023, only a school
25 food authority that had a negative balance in the nonprofit
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1 school food service account as of December 31, 2021, shall
2 be required to establish a price for paid lunches in accord-
3 ance with section 12(p) of the Richard B. Russell National
4 School Lunch Act (42 U.S.C. 1760(p)).
5 SEC. 753. There is hereby appropriated $2,000,000, to
6 remain available until expended, for the Secretary of Agri-
7 culture to carry out a pilot program that assists rural hos-
8 pitals to improve long-term operations and financial health
9 by providing technical assistance through analysis of cur-
10 rent hospital management practices.
11 SEC. 754. Any funds made available by this or any
12 other Act that the Secretary withholds pursuant to section
13 1668(g)(2) of the Food, Agriculture, Conservation, and
14 Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall
15 be available for grants for biotechnology risk assessment re-
16 search: Provided, That the Secretary may transfer such
17 funds among appropriations of the Department of Agri-
18 culture for purposes of making such grants.
19 SEC. 755. Section 313(b) of the Rural Electrification
20 Act of 1936, as amended (7 U.S.C. 940c(b)), shall be applied
21 for fiscal year 2022 and each fiscal year thereafter until
22 the specified funding has been expended as if the following
23 were inserted after the final period in subsection (b)(2): ‘‘In
24 addition, the Secretary shall use $425,000,000 of funds
25 available in this subaccount in fiscal year 2019 for an addi-
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1 tional amount for the same purpose and under the same
2 terms and conditions as funds appropriated by section 779
3 of Public Law 115–141, shall use $255,000,000 of funds
4 available in this subaccount in fiscal year 2020 for an addi-
5 tional amount for the same purpose and under the same
6 terms and conditions as funds appropriated by section 779
7 of Public Law 115–141, shall use $104,000,000 of funds
8 available in this subaccount in fiscal year 2021 for an addi-
9 tional amount for the same purpose and under the same
10 terms and conditions as funds appropriated by section 779
11 of Public Law 115–141, and shall use $50,000,000 of funds
12 available in this subaccount in fiscal year 2022 for an addi-
13 tional amount for the same purpose and under the same
14 terms and conditions as funds appropriated by section 779
15 of Public Law 115–141.’’: Provided, That any use of such
16 funds shall be treated as a reprogramming of funds under
17 section 716 of this Act: Provided further, That section
18 775(b) of division A of Public Law 116–260 shall no longer
19 apply.
20 SEC. 756. There is hereby appropriated $400,000 to
21 carry out section 1672(g)(4)(B) of the Food, Agriculture,
22 Conservation, and Trade Act of 1990 (7 U.S.C.
23 5925(g)(4(B)) as amended by section 7209 of Public Law
24 115–334.
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1 SEC. 757. For an additional amount for ‘‘National In-
2 stitute of Food and Agriculture—Research and Education
3 Activities’’, $1,000,000, to develop a public-private coopera-
4 tive framework based on open data standards for neutral
5 data repository solutions to preserve and share the big data
6 generated by technological advancements in the agriculture
7 industry and for the preservation and curation of data in
8 collaboration with land-grant universities.
9 SEC. 758. Notwithstanding any other provision of law,
10 no funds available to the Department of Agriculture may
11 be used to move any staff office or any agency from the
12 mission area in which it was located on August 1, 2018,
13 to any other mission area or office within the Department
14 in the absence of the enactment of specific legislation affirm-
15 ing such move.
16 SEC. 759. The Secretary, acting through the Chief of
17 the Natural Resources Conservation Service, may use funds
18 appropriated under this Act or any other Act for the Water-
19 shed and Flood Prevention Operations Program and the
20 Watershed Rehabilitation Program carried out pursuant to
21 the Watershed Protection and Flood Prevention Act (16
22 U.S.C. 1001 et seq.), and for the Emergency Watershed Pro-
23 tection Program carried out pursuant to section 403 of the
24 Agricultural Credit Act of 1978 (16 U.S.C. 2203) to provide
25 technical services for such programs pursuant to section
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1 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
2 3851(a)(1)), notwithstanding subsection (c) of such section.
3 SEC. 760. In administering the pilot program estab-
4 lished by section 779 of division A of the Consolidated Ap-
5 propriations Act, 2018 (Public Law 115–141), the Sec-
6 retary of Agriculture may, for purposes of determining enti-
7 ties eligible to receive assistance, consider those communities
8 which are ‘‘Areas Rural in Character’’: Provided, That not
9 more than 10 percent of the funds made available under
10 the heading ‘‘Distance Learning, Telemedicine, and
11 Broadband Program’’ for the purposes of the pilot program
12 established by section 779 of Public Law 115–141 may be
13 used for this purpose.
14 SEC. 761. There is hereby appropriated $24,525,000
15 for the Goodfellow Federal facility, to remain available
16 until expended, of which $12,000,000 shall be transferred
17 to and merged with the appropriation for ‘‘Office of the
18 Chief Information Officer’’, and of which $12,525,000 shall
19 be transferred to and merged with the appropriation for
20 ‘‘Food Safety and Inspection Service’’.
21 SEC. 762. None of the funds made available by this
22 Act may be used to pay the salaries or expenses of per-
23 sonnel—
24 (1) to inspect horses under section 3 of the Fed-
25 eral Meat Inspection Act (21 U.S.C. 603);
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1 (2) to inspect horses under section 903 of the
2 Federal Agriculture Improvement and Reform Act of
3 1996 (7 U.S.C. 1901 note; Public Law 104–127); or
4 (3) to implement or enforce section 352.19 of
5 title 9, Code of Federal Regulations (or a successor
6 regulation).
7 SEC. 763. For an additional amount for ‘‘National In-
8 stitute of Food and Agriculture—Research and Education
9 Activities’’, $300,000, for the Under Secretary for Research,
10 Education, and Economics to convene a blue-ribbon panel
11 for the purpose of evaluating the overall structure of re-
12 search and education through the public and land-grant
13 universities, including 1890 Institutions, to define a new
14 architecture that can better integrate, coordinate, and assess
15 economic impact of the collective work of these institutions.
16 SEC. 764. For an additional amount for ‘‘National In-
17 stitute of Food and Agriculture—Research and Education
18 Activities’’, $5,000,000, to remain available until Sep-
19 tember 30, 2023, for a competitive grant to an institution
20 in the land-grant university system to establish a Farm of
21 the Future testbed and demonstration site.
22 SEC. 765. Section 788(b) of the Further Consolidated
23 Appropriations Act, 2020 (Public Law 116–94) is amended
24 to read as follows:
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1 ‘‘(b) hereafter, make publicly available via searchable
2 database, in their entirety without redactions except signa-
3 tures, the following records:
4 ‘‘(1) all final Animal Welfare Act inspection re-
5 ports, including all reports documenting all Animal
6 Welfare Act violations and non-compliances observed
7 by USDA officials and all animal inventories for the
8 current year and the preceding three years;
9 ‘‘(2) all final Animal Welfare Act and Horse
10 Protection Act enforcement records for the current
11 year and the preceding three years;
12 ‘‘(3) all reports or other materials documenting
13 any violations and non-compliances observed by
14 USDA officials for the current year and the preceding
15 three years; and
16 ‘‘(4) within six months of receipt by the agency,
17 all final Animal Welfare Act research facility annual
18 reports, including their attachments with appropriate
19 redactions made for confidential business information
20 that USDA could withhold under FOIA Exemption
21 4.’’.
22 SEC. 766. None of the funds made available by this
23 Act may be used to propose, promulgate, or implement any
24 rule, or take any other action with respect to, allowing or
25 requiring information intended for a prescribing health
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1 care professional, in the case of a drug or biological product
2 subject to section 503(b)(1) of the Federal Food, Drug, and
3 Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to
4 such professional electronically (in lieu of in paper form)
5 unless and until a Federal law is enacted to allow or re-
6 quire such distribution.
7 SEC. 767. There is hereby appropriated $5,000,000, to
8 remain available until expended, to establish a National
9 Farm to School Institute to provide technical and practical
10 assistance to Farm to School programs across the country
11 and shall be located at Shelburne Farms in Shelburne, VT.
12 SEC. 768. Out of amounts appropriated to the Food
13 and Drug Administration under title VI, the Secretary of
14 Health and Human Services, acting through the Commis-
15 sioner of Food and Drugs, shall, not later than September
16 30, 2022, and following the review required under Executive
17 Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
18 planning and review), issue advice revising the advice pro-
19 vided in the notice of availability entitled ‘‘Advice About
20 Eating Fish, From the Environmental Protection Agency
21 and Food and Drug Administration; Revised Fish Advice;
22 Availability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in
23 a manner that is consistent with nutrition science recog-
24 nized by the Food and Drug Administration on the net ef-
25 fects of seafood consumption.
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1 SEC. 769. In addition to amounts otherwise made
2 available by this Act and notwithstanding the last sentence
3 of 16 U.S.C. 1310, there is appropriated $4,000,000, to re-
4 main available until expended, to implement non-renewable
5 agreements on eligible lands, including flooded agricultural
6 lands, as determined by the Secretary, under the Water
7 Bank Act (16 U.S.C. 1301–1311).
8 SEC. 770. The Secretary shall set aside for Rural Eco-
9 nomic Area Partnership (REAP) Zones, until August 15,
10 2022, an amount of funds made available in title III under
11 the headings of Rural Housing Insurance Fund Program
12 Account, Mutual and Self-Help Housing Grants, Rural
13 Housing Assistance Grants, Rural Community Facilities
14 Program Account, Rural Business Program Account, Rural
15 Development Loan Fund Program Account, and Rural
16 Water and Waste Disposal Program Account, equal to the
17 amount obligated in REAP Zones with respect to funds
18 provided under such headings in the most recent fiscal year
19 any such funds were obligated under such headings for
20 REAP Zones.
21 SEC. 771. There is hereby appropriated $5,000,000, to
22 remain available until expended, to carry out section 2103
23 of Public Law 115–334: Provided, That the Secretary shall
24 prioritize the wetland compliance needs of areas with sig-
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1 nificant numbers of individual wetlands, wetland acres,
2 and conservation compliance requests.
3 SEC. 772. Notwithstanding any other provision of law,
4 the acceptable market name of any engineered animal ap-
5 proved prior to the effective date of the National Bioengi-
6 neered Food Disclosure Standard (February 19, 2019) shall
7 include the words ‘‘genetically engineered’’ prior to the ex-
8 isting acceptable market name.
9 SEC. 773. Section 9(i)(2) of the Food and Nutrition
10 Act of 2008 (7 U.S.C. 2018(i)(2)) is amended by striking
11 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’.
12 SEC. 774. There is hereby appropriated $500,000 to
13 carry out the duties of the working group established under
14 section 770 of the Agriculture, Rural Development, Food
15 and Drug Administration, and Related Agencies Appro-
16 priations Act, 2019 (Public Law 116–6; 133 Stat. 89).
17 SEC. 775. (a) There is hereby appropriated $3,000,000,
18 to remain available until expended, for a pilot program for
19 the Animal and Plant Health Inspection Service to provide
20 grants to State departments of agriculture and forestry
21 commissions in states identified in the final environmental
22 assessment published in the Federal Register on September
23 23, 2020 (85 Fed. Reg. 59735), to combat and treat
24 cogongrass through established cogongrass control programs.
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1 (b) Not to exceed 2 percent of the funds provided under
2 this section shall be available for necessary costs of grant
3 administration.
4 SEC. 776. Section 764(d)(3)(B) of division N of Public
5 Law 116–260 is amended by inserting ‘‘and fiscal year
6 2022’’ after ‘‘fiscal year 2021’’ and before the final period.
7 SEC. 777. Section 6402(f) of the Farm Security and
8 Rural Investment Act of 2002 (7 U.S.C. 1632b(f)) is amend-
9 ed in the matter preceding paragraph (1) by striking ‘‘sec-
10 tion 210A(d)(2)’’ and inserting ‘‘section 210A(d)(5)(D)’’.
11 SEC. 778. For an additional amount for the Office of
12 the Secretary, $30,000,000, to remain available until ex-
13 pended, to establish an Institute for Rural Partnerships:
14 Provided, That the Secretary shall establish a grant pro-
15 gram and distribute the funds to three geographically di-
16 verse established land-grant universities: Provided further,
17 That the Institute for Rural Partnerships shall dedicate re-
18 sources to researching the causes and conditions of chal-
19 lenges facing rural areas, and develop community partner-
20 ships to address such challenges: Provided further, That ad-
21 ministrative or other fees shall not exceed one percent: Pro-
22 vided further, That such partnership shall coordinate and
23 publish an annual report.
24 SEC. 779. There is hereby appropriated $1,000,000, to
25 remain available until September 30, 2023, for a Cattle
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1 Contracts Library pilot program that the Agricultural Mar-
2 keting Service shall develop and maintain within the Live-
3 stock, Poultry, and Grain Market News Division. This pro-
4 gram shall be similar, as determined by the Secretary, to
5 the swine contract library the U.S. Department of Agri-
6 culture currently maintains pursuant to section 222 of the
7 Packers and Stockyards Act (7 U.S.C. 198a). The promul-
8 gation of the regulations and administration of this section
9 shall be made without regard to: (1) the notice and comment
10 provisions of section 553 of title 5; and (2) chapter 35 of
11 title 44 (commonly known as the ‘‘Paperwork Reduction
12 Act’’).
13 SEC. 780. There is hereby appropriated $10,000,000,
14 to remain available until expended, for costs associated with
15 the establishment of an Institute of Rural Partnership, lo-
16 cated at the University of Vermont, Burlington, VT.
17 SEC. 781. Notwithstanding any provision of law that
18 regulates the calculation and payment of overtime and holi-
19 day pay for FSIS inspectors, the Secretary may charge es-
20 tablishments subject to the inspection requirements of the
21 Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the
22 Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the
23 Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for
24 the cost of inspection services provided outside of an estab-
25 lishment’s approved inspection shifts, and for inspection
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1 services provided on Federal holidays: Provided, That any
2 sums charged pursuant to this paragraph shall be deemed
3 as overtime pay or holiday pay under section 1001(d) of
4 the American Rescue Plan Act of 2021 (Public Law 117–
5 2, 135 Stat. 242): Provided further, That sums received by
6 the Secretary under this paragraph shall, in addition to
7 other available funds, remain available until expended to
8 the Secretary without further appropriation for the purpose
9 of funding all costs associated with FSIS inspections.
10 SEC. 782. Of the unobligated balances from prior year
11 appropriations made available under the heading ‘‘Farm
12 Service Agency—Agricultural Credit Insurance Fund Pro-
13 gram Account’’, $90,000,000 are hereby rescinded.
14 SEC. 783. Of the unobligated balances from prior year
15 appropriations made available under the heading ‘‘Agri-
16 culture Buildings and Facilities’’, $73,400,000 are hereby
17 rescinded.
18 SEC. 784. (a) DESIGNATION.—The Federal building lo-
19 cated at 1636 East Alisal Street, Salinas, California, shall
20 be known and designated as the ‘‘Sam Farr United States
21 Crop Improvement and Protection Research Center’’.
22 (b) REFERENCES.—Any reference in a law, map, regu-
23 lation, document, paper, or other record of the United
24 States to the Federal building referred to in subsection (a)
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1 shall be deemed to be a reference to the ‘‘Sam Farr United
2 States Crop Improvement and Protection Research Center’’.
3 SEC. 785. For necessary expenses for salary and re-
4 lated costs associated with Agriculture Quarantine and In-
5 spection Services activities pursuant to 21 U.S.C. 136a(6),
6 and in addition to any other funds made available for this
7 purpose, there is appropriated, out of any money in the
8 Treasury not otherwise appropriated, $250,000,000, to re-
9 main available until September 30, 2023, to offset the loss
10 resulting from the coronavirus pandemic of quarantine and
11 inspection fees collected pursuant to sections 2508 and 2509
12 of the Food, Agriculture, Conservation, and Trade Act of
13 1990 (21 U.S.C. 136, 136a): Provided, That amounts made
14 available in this section shall be treated as funds collected
15 by fees authorized under sections 2508 and 2509 of the
16 Food, Agriculture, Conservation, and Trade Act of 1990 (21
17 U.S.C. 136, 136a) for purposes of section 421(f) of the
18 Homeland Security Act of 2002 (6 U.S.C. 231(f)).
19 SEC. 786. The matter under the heading ‘‘Department
20 of Agriculture—Rural Development Programs—Rural
21 Utilities Service—Distance Learning, Telemedicine, and
22 Broadband’’ in title I of division J of Public Law 117–
23 58 is amended—
24 (1) in the eighth proviso, by striking ‘‘electric co-
25 operatives’’ and inserting ‘‘pole owners’’ and;
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1 (2) in the ninth proviso, by inserting a comma
2 after ‘‘Corporations’’.
3 Provided, That amounts repurposed pursuant to
4 this section that were previously designated by the
5 Congress as an emergency requirement pursuant to
6 section 4112(a) of H. Con. Res. 71 (115th Congress),
7 the concurrent resolution on the budget for fiscal year
8 2018, and to section 251(b) of the Balanced Budget
9 and Emergency Deficit Control Act of 1985 are des-
10 ignated by the Congress as an emergency requirement
11 pursuant to section 4001(a)(1) and section 4001(b) of
12 S. Con. Res. 14 (117th Congress), the concurrent reso-
13 lution on the budget for fiscal year 2022.
14 SEC. 787. The Secretary shall use funds made avail-
15 able under the heading ‘‘Special Supplemental Nutrition
16 Program for Women, Infants, and Children (WIC)’’ to in-
17 crease the amount of a cash-value voucher for women and
18 children participants to an amount recommended by the
19 National Academies of Science, Engineering and Medicine
20 and adjusted for inflation.
21 This division may be cited as the ‘‘Agriculture, Rural
22 Development, Food and Drug Administration, and Related
23 Agencies Appropriations Act, 2022’’.
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1 DIVISION B—COMMERCE, JUSTICE,
2 SCIENCE, AND RELATED AGENCIES AP-
3 PROPRIATIONS ACT, 2022
4 TITLE I
5 DEPARTMENT OF COMMERCE
6 INTERNATIONAL TRADE ADMINISTRATION
7 OPERATIONS AND ADMINISTRATION
8 For necessary expenses for international trade activi-
9 ties of the Department of Commerce provided for by law,
10 to carry out activities associated with facilitating, attract-
11 ing, and retaining business investment in the United
12 States, and for engaging in trade promotional activities
13 abroad, including expenses of grants and cooperative agree-
14 ments for the purpose of promoting exports of United States
15 firms, without regard to sections 3702 and 3703 of title 44,
16 United States Code; full medical coverage for dependent
17 members of immediate families of employees stationed over-
18 seas and employees temporarily posted overseas; travel and
19 transportation of employees of the International Trade Ad-
20 ministration between two points abroad, without regard to
21 section 40118 of title 49, United States Code; employment
22 of citizens of the United States and aliens by contract for
23 services; rental of space abroad for periods not exceeding
24 10 years, and expenses of alteration, repair, or improve-
25 ment; purchase or construction of temporary demountable
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1 exhibition structures for use abroad; payment of tort claims,
2 in the manner authorized in the first paragraph of section
3 2672 of title 28, United States Code, when such claims arise
4 in foreign countries; not to exceed $294,300 for official rep-
5 resentation expenses abroad; purchase of passenger motor
6 vehicles for official use abroad, not to exceed $45,000 per
7 vehicle; not to exceed $325,000 for purchase of armored ve-
8 hicles without regard to the general purchase price limita-
9 tions; obtaining insurance on official motor vehicles; and
10 rental of tie lines, $570,000,000, of which $80,000,000 shall
11 remain available until September 30, 2023: Provided, That
12 $11,000,000 is to be derived from fees to be retained and
13 used by the International Trade Administration, notwith-
14 standing section 3302 of title 31, United States Code: Pro-
15 vided further, That, of amounts provided under this head-
16 ing, not less than $16,400,000 shall be for China anti-
17 dumping and countervailing duty enforcement and compli-
18 ance activities: Provided further, That the provisions of the
19 first sentence of section 105(f) and all of section 108(c) of
20 the Mutual Educational and Cultural Exchange Act of 1961
21 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
22 out these activities; and that for the purpose of this Act,
23 contributions under the provisions of the Mutual Edu-
24 cational and Cultural Exchange Act of 1961 shall include
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1 payment for assessments for services provided as part of
2 these activities.
3 BUREAU OF INDUSTRY AND SECURITY
4 OPERATIONS AND ADMINISTRATION
5 For necessary expenses for export administration and
6 national security activities of the Department of Commerce,
7 including costs associated with the performance of export
8 administration field activities both domestically and
9 abroad; full medical coverage for dependent members of im-
10 mediate families of employees stationed overseas; employ-
11 ment of citizens of the United States and aliens by contract
12 for services abroad; payment of tort claims, in the manner
13 authorized in the first paragraph of section 2672 of title
14 28, United States Code, when such claims arise in foreign
15 countries; not to exceed $13,500 for official representation
16 expenses abroad; awards of compensation to informers
17 under the Export Control Reform Act of 2018 (subtitle B
18 of title XVII of the John S. McCain National Defense Au-
19 thorization Act for Fiscal Year 2019; Public Law 115–232;
20 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as authorized
21 by section 1(b) of the Act of June 15, 1917 (40 Stat. 223;
22 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
23 for official use and motor vehicles for law enforcement use
24 with special requirement vehicles eligible for purchase with-
25 out regard to any price limitation otherwise established by
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1 law, $141,000,000, of which $52,410,000 shall remain
2 available until expended: Provided, That the provisions of
3 the first sentence of section 105(f) and all of section 108(c)
4 of the Mutual Educational and Cultural Exchange Act of
5 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car-
6 rying out these activities: Provided further, That payments
7 and contributions collected and accepted for materials or
8 services provided as part of such activities may be retained
9 for use in covering the cost of such activities, and for pro-
10 viding information to the public with respect to the export
11 administration and national security activities of the De-
12 partment of Commerce and other export control programs
13 of the United States and other governments.
14 ECONOMIC DEVELOPMENT ADMINISTRATION
15 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
16 For grants for economic development assistance as pro-
17 vided by the Public Works and Economic Development Act
18 of 1965, for trade adjustment assistance, and for grants au-
19 thorized by sections 27 and 28 of the Stevenson-Wydler
20 Technology Innovation Act of 1980 (15 U.S.C. 3722 and
21 3723), as amended, $330,000,000 to remain available until
22 expended, of which $45,000,000 shall be for grants under
23 such section 27 and $2,000,000 shall be for grants under
24 such section 28: Provided, That any deviation from the
25 amounts designated for specific activities in the explana-
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1 tory statement described in section 4 (in the matter pre-
2 ceding division A of this consolidated Act), or any use of
3 deobligated balances of funds provided under this heading
4 in previous years, shall be subject to the procedures set forth
5 in section 505 of this Act.
6 SALARIES AND EXPENSES
7 For necessary expenses of administering the economic
8 development assistance programs as provided for by law,
9 $43,500,000: Provided, That funds provided under this
10 heading may be used to monitor projects approved pursuant
11 to title I of the Public Works Employment Act of 1976; title
12 II of the Trade Act of 1974; sections 27 and 28 of the Ste-
13 venson-Wydler Technology Innovation Act of 1980 (15
14 U.S.C. 3722 and 3723), as amended; and the Community
15 Emergency Drought Relief Act of 1977.
16 MINORITY BUSINESS DEVELOPMENT AGENCY
17 MINORITY BUSINESS DEVELOPMENT
18 For necessary expenses of the Department of Commerce
19 in fostering, promoting, and developing minority business
20 enterprises, including expenses of grants, contracts, and
21 other agreements with public or private organizations,
22 $55,000,000, of which not more than $18,000,000 shall be
23 available for overhead expenses, including salaries and ex-
24 penses, rent, utilities, and information technology services.
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1 ECONOMIC AND STATISTICAL ANALYSIS
2 SALARIES AND EXPENSES
3 For necessary expenses, as authorized by law, of eco-
4 nomic and statistical analysis programs of the Department
5 of Commerce, $116,000,000, to remain available until Sep-
6 tember 30, 2023.
7 BUREAU OF THE CENSUS
8 CURRENT SURVEYS AND PROGRAMS
9 For necessary expenses for collecting, compiling, ana-
10 lyzing, preparing, and publishing statistics, provided for by
11 law, $300,000,000: Provided, That, from amounts provided
12 herein, funds may be used for promotion, outreach, and
13 marketing activities.
14 PERIODIC CENSUSES AND PROGRAMS
15 (INCLUDING TRANSFER OF FUNDS)
16 For necessary expenses for collecting, compiling, ana-
17 lyzing, preparing, and publishing statistics for periodic
18 censuses and programs provided for by law, $1,054,000,000,
19 to remain available until September 30, 2023: Provided,
20 That, from amounts provided herein, funds may be used
21 for promotion, outreach, and marketing activities: Provided
22 further, That within the amounts appropriated, $3,556,000
23 shall be transferred to the ‘‘Office of Inspector General’’ ac-
24 count for activities associated with carrying out investiga-
25 tions and audits related to the Bureau of the Census.
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1 NATIONAL TELECOMMUNICATIONS AND INFORMATION
2 ADMINISTRATION
3 SALARIES AND EXPENSES
4 For necessary expenses, as provided for by law, of the
5 National Telecommunications and Information Adminis-
6 tration (NTIA), $50,000,000, to remain available until
7 September 30, 2023: Provided, That, notwithstanding 31
8 U.S.C. 1535(d), the Secretary of Commerce shall charge
9 Federal agencies for costs incurred in spectrum manage-
10 ment, analysis, operations, and related services, and such
11 fees shall be retained and used as offsetting collections for
12 costs of such spectrum services, to remain available until
13 expended: Provided further, That the Secretary of Com-
14 merce is authorized to retain and use as offsetting collec-
15 tions all funds transferred, or previously transferred, from
16 other Government agencies for all costs incurred in tele-
17 communications research, engineering, and related activi-
18 ties by the Institute for Telecommunication Sciences of
19 NTIA, in furtherance of its assigned functions under this
20 paragraph, and such funds received from other Government
21 agencies shall remain available until expended.
22 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
23 CONSTRUCTION
24 For the administration of prior-year grants, recoveries
25 and unobligated balances of funds previously appropriated
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1 are available for the administration of all open grants until
2 their expiration.
3 UNITED STATES PATENT AND TRADEMARK OFFICE
4 SALARIES AND EXPENSES
5 (INCLUDING TRANSFERS OF FUNDS)
6 For necessary expenses of the United States Patent and
7 Trademark Office (USPTO) provided for by law, including
8 defense of suits instituted against the Under Secretary of
9 Commerce for Intellectual Property and Director of the
10 USPTO, $4,058,410,000, to remain available until ex-
11 pended: Provided, That the sum herein appropriated from
12 the general fund shall be reduced as offsetting collections
13 of fees and surcharges assessed and collected by the USPTO
14 under any law are received during fiscal year 2022, so as
15 to result in a fiscal year 2022 appropriation from the gen-
16 eral fund estimated at $0: Provided further, That during
17 fiscal year 2022, should the total amount of such offsetting
18 collections be less than $4,058,410,000, this amount shall
19 be reduced accordingly: Provided further, That any amount
20 received in excess of $4,058,410,000 in fiscal year 2022 and
21 deposited in the Patent and Trademark Fee Reserve Fund
22 shall remain available until expended: Provided further,
23 That the Director of USPTO shall submit a spending plan
24 to the Committees on Appropriations of the House of Rep-
25 resentatives and the Senate for any amounts made available
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1 by the preceding proviso and such spending plan shall be
2 treated as a reprogramming under section 505 of this Act
3 and shall not be available for obligation or expenditure ex-
4 cept in compliance with the procedures set forth in that sec-
5 tion: Provided further, That any amounts reprogrammed
6 in accordance with the preceding proviso shall be trans-
7 ferred to the United States Patent and Trademark Office
8 ‘‘Salaries and Expenses’’ account: Provided further, That
9 the budget of the President submitted for fiscal year 2023
10 under section 1105 of title 31, United States Code, shall
11 include within amounts provided under this heading for
12 necessary expenses of the USPTO any increases that are
13 expected to result from an increase promulgated through
14 rule or regulation in offsetting collections of fees and sur-
15 charges assessed and collected by the USPTO under any law
16 in either fiscal year 2022 or fiscal year 2023: Provided fur-
17 ther, That from amounts provided herein, not to exceed
18 $13,500 shall be made available in fiscal year 2022 for offi-
19 cial reception and representation expenses: Provided fur-
20 ther, That in fiscal year 2022 from the amounts made
21 available for ‘‘Salaries and Expenses’’ for the USPTO, the
22 amounts necessary to pay (1) the difference between the per-
23 centage of basic pay contributed by the USPTO and em-
24 ployees under section 8334(a) of title 5, United States Code,
25 and the normal cost percentage (as defined by section
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1 8331(17) of that title) as provided by the Office of Personnel
2 Management (OPM) for USPTO’s specific use, of basic pay,
3 of employees subject to subchapter III of chapter 83 of that
4 title, and (2) the present value of the otherwise unfunded
5 accruing costs, as determined by OPM for USPTO’s specific
6 use of post-retirement life insurance and post-retirement
7 health benefits coverage for all USPTO employees who are
8 enrolled in Federal Employees Health Benefits (FEHB)
9 and Federal Employees Group Life Insurance (FEGLI),
10 shall be transferred to the Civil Service Retirement and Dis-
11 ability Fund, the FEGLI Fund, and the Employees FEHB
12 Fund, as appropriate, and shall be available for the author-
13 ized purposes of those accounts: Provided further, That any
14 differences between the present value factors published in
15 OPM’s yearly 300 series benefit letters and the factors that
16 OPM provides for USPTO’s specific use shall be recognized
17 as an imputed cost on USPTO’s financial statements, where
18 applicable: Provided further, That, notwithstanding any
19 other provision of law, all fees and surcharges assessed and
20 collected by USPTO are available for USPTO only pursu-
21 ant to section 42(c) of title 35, United States Code, as
22 amended by section 22 of the Leahy-Smith America Invents
23 Act (Public Law 112–29): Provided further, That within
24 the amounts appropriated, $2,000,000 shall be transferred
25 to the ‘‘Office of Inspector General’’ account for activities
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1 associated with carrying out investigations and audits re-
2 lated to the USPTO.
3 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
4 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
5 (INCLUDING TRANSFER OF FUNDS)
6 For necessary expenses of the National Institute of
7 Standards and Technology (NIST), $850,000,000, to re-
8 main available until expended, of which not to exceed
9 $9,000,000 may be transferred to the ‘‘Working Capital
10 Fund’’: Provided, That of the amounts appropriated under
11 this heading, $37,598,000 shall be used for the projects, and
12 in the amounts, specified in the table immediately following
13 the paragraph ‘‘NIST External Projects’’ in the explana-
14 tory statement described in section 4 (in the matter pre-
15 ceding division A of this consolidated Act): Provided fur-
16 ther, That the amounts made available for the projects ref-
17 erenced in the preceding proviso may not be transferred for
18 any other purpose: Provided further, That not to exceed
19 $5,000 shall be for official reception and representation ex-
20 penses: Provided further, That NIST may provide local
21 transportation for summer undergraduate research fellow-
22 ship program participants.
23 INDUSTRIAL TECHNOLOGY SERVICES
24 For necessary expenses for industrial technology serv-
25 ices, $174,500,000, to remain available until expended, of
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1 which $158,000,000 shall be for the Hollings Manufacturing
2 Extension Partnership, and of which $16,500,000 shall be
3 for the Manufacturing USA Program.
4 CONSTRUCTION OF RESEARCH FACILITIES
5 For construction of new research facilities, including
6 architectural and engineering design, and for renovation
7 and maintenance of existing facilities, not otherwise pro-
8 vided for the National Institute of Standards and Tech-
9 nology, as authorized by sections 13 through 15 of the Na-
10 tional Institute of Standards and Technology Act (15
11 U.S.C. 278c–278e), $205,563,000, to remain available until
12 expended: Provided, That of the amounts appropriated
13 under this heading, $125,563,000 shall be used for the
14 projects, and in the amounts, specified in the table imme-
15 diately following the paragraph ‘‘NIST Extramural Con-
16 struction’’ in the explanatory statement described in section
17 4 (in the matter preceding division A of this consolidated
18 Act): Provided further, That up to one percent of amounts
19 made available for the projects referenced in the preceding
20 proviso may be used for the administrative costs of such
21 projects: Provided further, That the Director of the National
22 Institute of Standards and Technology shall submit a
23 spending plan to the Committees on Appropriations of the
24 House of Representatives and the Senate for any amounts
25 made available by the preceding proviso and such spending
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1 plan shall be treated as a reprogramming under section 505
2 of this Act and shall not be available for obligation or ex-
3 penditure except in compliance with the procedures set forth
4 in that section: Provided further, That the Secretary of
5 Commerce shall include in the budget justification mate-
6 rials for fiscal year 2023 that the Secretary submits to Con-
7 gress in support of the Department of Commerce budget (as
8 submitted with the budget of the President under section
9 1105(a) of title 31, United States Code) an estimate for each
10 National Institute of Standards and Technology construc-
11 tion project having a total multi-year program cost of more
12 than $5,000,000, and simultaneously the budget justifica-
13 tion materials shall include an estimate of the budgetary
14 requirements for each such project for each of the 5 subse-
15 quent fiscal years.
16 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
17 OPERATIONS, RESEARCH, AND FACILITIES
18 (INCLUDING TRANSFERS OF FUNDS)
19 For necessary expenses of activities authorized by law
20 for the National Oceanic and Atmospheric Administration,
21 including maintenance, operation, and hire of aircraft and
22 vessels; pilot programs for State-led fisheries management,
23 notwithstanding any other provision of law; grants, con-
24 tracts, or other payments to nonprofit organizations for the
25 purposes of conducting activities pursuant to cooperative
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1 agreements; and relocation of facilities, $4,157,311,000, to
2 remain available until September 30, 2023: Provided, That
3 fees and donations received by the National Ocean Service
4 for the management of national marine sanctuaries may
5 be retained and used for the salaries and expenses associated
6 with those activities, notwithstanding section 3302 of title
7 31, United States Code: Provided further, That in addition,
8 $243,532,000 shall be derived by transfer from the fund en-
9 titled ‘‘Promote and Develop Fishery Products and Re-
10 search Pertaining to American Fisheries’’, which shall only
11 be used for fishery activities related to the Saltonstall-Ken-
12 nedy Grant Program; Fisheries Data Collections, Surveys,
13 and Assessments; Observers and Training; Fisheries Man-
14 agement Programs and Services; and Interjurisdictional
15 Fisheries Grants: Provided further, That not to exceed
16 $67,867,000 shall be for payment to the ‘‘Department of
17 Commerce Working Capital Fund’’: Provided further, That
18 of the $4,423,843,000 provided for in direct obligations
19 under this heading, $4,157,311,000 is appropriated from
20 the general fund, $243,532,000 is provided by transfer, and
21 $23,000,000 is derived from recoveries of prior year obliga-
22 tions: Provided further, That of the amounts appropriated
23 under this heading, $84,354,000 shall be used for the
24 projects, and in the amounts, specified in the table imme-
25 diately following the paragraph ‘‘NOAA Community
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1 Project Funding/NOAA Special Projects’’ in the explana-
2 tory statement described in section 4 (in the matter pre-
3 ceding division A of this consolidated Act): Provided fur-
4 ther, That the amounts made available for the projects ref-
5 erenced in the preceding proviso may not be transferred for
6 any other purpose: Provided further, That any deviation
7 from the amounts designated for specific activities in the
8 explanatory statement described in section 4 (in the matter
9 preceding division A of this consolidated Act), or any use
10 of deobligated balances of funds provided under this heading
11 in previous years, shall be subject to the procedures set forth
12 in section 505 of this Act: Provided further, That, of the
13 amounts appropriated under this heading, $750,000 shall
14 be transferred to the ‘‘Office of Inspector General’’ account
15 for activities associated with carrying out investigations
16 and audits related to National Weather Service operations:
17 Provided further, That in addition, for necessary retired
18 pay expenses under the Retired Serviceman’s Family Pro-
19 tection and Survivor Benefits Plan, and for payments for
20 the medical care of retired personnel and their dependents
21 under the Dependents’ Medical Care Act (10 U.S.C. ch. 55),
22 such sums as may be necessary.
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1 PROCUREMENT, ACQUISITION AND CONSTRUCTION
2 (INCLUDING TRANSFER OF FUNDS)
3 For procurement, acquisition and construction of cap-
4 ital assets, including alteration and modification costs, of
5 the National Oceanic and Atmospheric Administration,
6 $1,672,689,000, to remain available until September 30,
7 2024, except that funds provided for acquisition and con-
8 struction of vessels and aircraft, and construction of facili-
9 ties shall remain available until expended: Provided, That
10 of the $1,685,689,000 provided for in direct obligations
11 under this heading, $1,672,689,000 is appropriated from
12 the general fund and $13,000,000 is provided from recov-
13 eries of prior year obligations: Provided further, That any
14 deviation from the amounts designated for specific activities
15 in the explanatory statement described in section 4 (in the
16 matter preceding division A of this consolidated Act), or
17 any use of deobligated balances of funds provided under this
18 heading in previous years, shall be subject to the procedures
19 set forth in section 505 of this Act: Provided further, That
20 the Secretary of Commerce shall include in budget justifica-
21 tion materials for fiscal year 2023 that the Secretary sub-
22 mits to Congress in support of the Department of Commerce
23 budget (as submitted with the budget of the President under
24 section 1105(a) of title 31, United States Code) an estimate
25 for each National Oceanic and Atmospheric Administration
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1 procurement, acquisition or construction project having a
2 total of more than $5,000,000 and simultaneously the budg-
3 et justification shall include an estimate of the budgetary
4 requirements for each such project for each of the 5 subse-
5 quent fiscal years: Provided further, That, within the
6 amounts appropriated, $3,000,000 shall be transferred to
7 the ‘‘Office of Inspector General’’ account for activities asso-
8 ciated with carrying out investigations and audits related
9 to satellite and vessel procurement, acquisition and con-
10 struction.
11 PACIFIC COASTAL SALMON RECOVERY
12 For necessary expenses associated with the restoration
13 of Pacific salmon populations, $65,000,000, to remain
14 available until September 30, 2023: Provided, That, of the
15 funds provided herein, the Secretary of Commerce may
16 issue grants to the States of Washington, Oregon, Idaho,
17 Nevada, California, and Alaska, and to the federally recog-
18 nized Tribes of the Columbia River and Pacific Coast (in-
19 cluding Alaska), for projects necessary for conservation of
20 salmon and steelhead populations that are listed as threat-
21 ened or endangered, or that are identified by a State as
22 at-risk to be so listed, for maintaining populations nec-
23 essary for exercise of Tribal treaty fishing rights or native
24 subsistence fishing, or for conservation of Pacific coastal
25 salmon and steelhead habitat, based on guidelines to be de-
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1 veloped by the Secretary of Commerce: Provided further,
2 That all funds shall be allocated based on scientific and
3 other merit principles and shall not be available for mar-
4 keting activities: Provided further, That funds disbursed to
5 States shall be subject to a matching requirement of funds
6 or documented in-kind contributions of at least 33 percent
7 of the Federal funds.
8 FISHERMEN’S CONTINGENCY FUND
9 For carrying out the provisions of title IV of Public
10 Law 95–372, not to exceed $349,000, to be derived from re-
11 ceipts collected pursuant to that Act, to remain available
12 until expended.
13 FISHERIES FINANCE PROGRAM ACCOUNT
14 Subject to section 502 of the Congressional Budget Act
15 of 1974, during fiscal year 2022, obligations of direct loans
16 may not exceed $24,000,000 for Individual Fishing Quota
17 loans and not to exceed $100,000,000 for traditional direct
18 loans as authorized by the Merchant Marine Act of 1936.
19 DEPARTMENTAL MANAGEMENT
20 SALARIES AND EXPENSES
21 For necessary expenses for the management of the De-
22 partment of Commerce provided for by law, including not
23 to exceed $4,500 for official reception and representation,
24 $80,000,000: Provided, That no employee of the Department
25 of Commerce may be detailed or assigned from a bureau
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1 or office funded by this Act or any other Act to offices with-
2 in the Office of the Secretary of the Department of Com-
3 merce for more than 180 days in a fiscal year unless the
4 individual’s employing bureau or office is fully reimbursed
5 for the salary and expenses of the employee for the entire
6 period of assignment using funds provided under this head-
7 ing: Provided further, That amounts made available to the
8 Department of Commerce in this or any prior Act may not
9 be transferred pursuant to section 508 of this or any prior
10 Act to the account funded under this heading, except in the
11 case of extraordinary circumstances that threaten life or
12 property.
13 RENOVATION AND MODERNIZATION
14 For necessary expenses for the renovation and mod-
15 ernization of the Herbert C. Hoover Building, $1,100,000.
16 NONRECURRING EXPENSES FUND
17 For necessary expenses for technology modernization
18 projects and cybersecurity risk mitigation of the Depart-
19 ment of Commerce, $30,000,000, to remain available until
20 September 30, 2024, of which up to $20,000,000 shall be
21 available for a business application system modernization:
22 Provided, That amounts made available under this heading
23 are in addition to such other funds as may be available
24 for such purposes: Provided further, That any unobligated
25 balances of expired discretionary funds transferred to the
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1 Department of Commerce Nonrecurring Expenses Fund, as
2 authorized by section 111 of title I of division B of Public
3 Law 116–93, may be obligated only after the Committees
4 on Appropriations of the House of Representatives and the
5 Senate are notified at least 15 days in advance of the
6 planned use of funds.
7 OFFICE OF INSPECTOR GENERAL
8 For necessary expenses of the Office of Inspector Gen-
9 eral in carrying out the provisions of the Inspector General
10 Act of 1978 (5 U.S.C. App.), $35,783,000: Provided, That
11 notwithstanding section 6413 of the Middle Class Tax Relief
12 and Job Creation Act of 2012 (Public Law 112–96), an
13 additional $2,000,000, to remain available until expended,
14 shall be derived from the Public Safety Trust Fund for ac-
15 tivities associated with carrying out investigations and au-
16 dits related to the First Responder Network Authority
17 (FirstNet).
18 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
19 (INCLUDING TRANSFER OF FUNDS)
20 SEC. 101. During the current fiscal year, applicable
21 appropriations and funds made available to the Depart-
22 ment of Commerce by this Act shall be available for the
23 activities specified in the Act of October 26, 1949 (15 U.S.C.
24 1514), to the extent and in the manner prescribed by the
25 Act, and, notwithstanding 31 U.S.C. 3324, may be used for
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1 advanced payments not otherwise authorized only upon the
2 certification of officials designated by the Secretary of Com-
3 merce that such payments are in the public interest.
4 SEC. 102. During the current fiscal year, appropria-
5 tions made available to the Department of Commerce by
6 this Act for salaries and expenses shall be available for hire
7 of passenger motor vehicles as authorized by 31 U.S.C. 1343
8 and 1344; services as authorized by 5 U.S.C. 3109; and uni-
9 forms or allowances therefor, as authorized by law (5 U.S.C.
10 5901–5902).
11 SEC. 103. Not to exceed 5 percent of any appropriation
12 made available for the current fiscal year for the Depart-
13 ment of Commerce in this Act may be transferred between
14 such appropriations, but no such appropriation shall be in-
15 creased by more than 10 percent by any such transfers: Pro-
16 vided, That any transfer pursuant to this section shall be
17 treated as a reprogramming of funds under section 505 of
18 this Act and shall not be available for obligation or expendi-
19 ture except in compliance with the procedures set forth in
20 that section: Provided further, That the Secretary of Com-
21 merce shall notify the Committees on Appropriations at
22 least 15 days in advance of the acquisition or disposal of
23 any capital asset (including land, structures, and equip-
24 ment) not specifically provided for in this Act or any other
25 law appropriating funds for the Department of Commerce.
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1 SEC. 104. The requirements set forth by section 105
2 of the Commerce, Justice, Science, and Related Agencies
3 Appropriations Act, 2012 (Public Law 112–55), as amend-
4 ed by section 105 of title I of division B of Public Law
5 113–6, are hereby adopted by reference and made applicable
6 with respect to fiscal year 2022: Provided, That the life
7 cycle cost for the Joint Polar Satellite System is
8 $11,322,125,000, the life cycle cost of the Polar Follow On
9 Program is $6,837,900,000, the life cycle cost for the Geo-
10 stationary Operational Environmental Satellite R-Series
11 Program is $11,700,100,000, and the life cycle cost for the
12 Space Weather Follow On Program is $692,800,000.
13 SEC. 105. Notwithstanding any other provision of law,
14 the Secretary of Commerce may furnish services (including
15 but not limited to utilities, telecommunications, and secu-
16 rity services) necessary to support the operation, mainte-
17 nance, and improvement of space that persons, firms, or
18 organizations are authorized, pursuant to the Public Build-
19 ings Cooperative Use Act of 1976 or other authority, to use
20 or occupy in the Herbert C. Hoover Building, Washington,
21 DC, or other buildings, the maintenance, operation, and
22 protection of which has been delegated to the Secretary from
23 the Administrator of General Services pursuant to the Fed-
24 eral Property and Administrative Services Act of 1949 on
25 a reimbursable or non-reimbursable basis. Amounts received
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1 as reimbursement for services provided under this section
2 or the authority under which the use or occupancy of the
3 space is authorized, up to $200,000, shall be credited to the
4 appropriation or fund which initially bears the costs of
5 such services.
6 SEC. 106. Nothing in this title shall be construed to
7 prevent a grant recipient from deterring child pornography,
8 copyright infringement, or any other unlawful activity over
9 its networks.
10 SEC. 107. The Administrator of the National Oceanic
11 and Atmospheric Administration is authorized to use, with
12 their consent, with reimbursement and subject to the limits
13 of available appropriations, the land, services, equipment,
14 personnel, and facilities of any department, agency, or in-
15 strumentality of the United States, or of any State, local
16 government, Indian Tribal government, Territory, or pos-
17 session, or of any political subdivision thereof, or of any
18 foreign government or international organization, for pur-
19 poses related to carrying out the responsibilities of any stat-
20 ute administered by the National Oceanic and Atmospheric
21 Administration.
22 SEC. 108. The National Technical Information Service
23 shall not charge any customer for a copy of any report or
24 document generated by the Legislative Branch unless the
25 Service has provided information to the customer on how
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1 an electronic copy of such report or document may be
2 accessed and downloaded for free online. Should a customer
3 still require the Service to provide a printed or digital copy
4 of the report or document, the charge shall be limited to
5 recovering the Service’s cost of processing, reproducing, and
6 delivering such report or document.
7 SEC. 109. To carry out the responsibilities of the Na-
8 tional Oceanic and Atmospheric Administration (NOAA),
9 the Administrator of NOAA is authorized to: (1) enter into
10 grants and cooperative agreements with; (2) use on a non-
11 reimbursable basis land, services, equipment, personnel, and
12 facilities provided by; and (3) receive and expend funds
13 made available on a consensual basis from: a Federal agen-
14 cy, State or subdivision thereof, local government, Tribal
15 government, Territory, or possession or any subdivisions
16 thereof: Provided, That funds received for permitting and
17 related regulatory activities pursuant to this section shall
18 be deposited under the heading ‘‘National Oceanic and At-
19 mospheric Administration—Operations, Research, and Fa-
20 cilities’’ and shall remain available until September 30,
21 2023, for such purposes: Provided further, That all funds
22 within this section and their corresponding uses are subject
23 to section 505 of this Act.
24 SEC. 110. Amounts provided by this Act or by any
25 prior appropriations Act that remain available for obliga-
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1 tion, for necessary expenses of the programs of the Econom-
2 ics and Statistics Administration of the Department of
3 Commerce, including amounts provided for programs of the
4 Bureau of Economic Analysis and the Bureau of the Cen-
5 sus, shall be available for expenses of cooperative agreements
6 with appropriate entities, including any Federal, State, or
7 local governmental unit, or institution of higher education,
8 to aid and promote statistical, research, and methodology
9 activities which further the purposes for which such
10 amounts have been made available.
11 SEC. 111. Amounts provided by this Act for the Hol-
12 lings Manufacturing Extension Partnership under the
13 heading ‘‘National Institute of Standards and Tech-
14 nology—Industrial Technology Services’’ shall not be sub-
15 ject to cost share requirements under 15 U.S.C. 278k(e)(2):
16 Provided, That the authority made available pursuant to
17 this section shall be elective, in whole or in part, for any
18 Manufacturing Extension Partnership Center that also re-
19 ceives funding from a State that is conditioned upon the
20 application of a Federal cost sharing requirement.
21 SEC. 112. The Secretary of Commerce, or the designee
22 of the Secretary, may waive—
23 (1) in whole or in part, the matching require-
24 ments under sections 306 and 306A, and the cost
25 sharing requirements under section 315, of the Coast-
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1 al Zone Management Act of 1972 (16 U.S.C. 1455,
2 1455a, and 1461) as necessary at the request of the
3 grant applicant, for amounts made available under
4 this Act under the heading ‘‘Operations, Research,
5 and Facilities’’ under the heading ‘‘National Oceanic
6 and Atmospheric Administration’’; and
7 (2) up to 50 percent of the matching require-
8 ments under sections 306 and 306A, and the cost
9 sharing requirements under section 315, of the Coast-
10 al Zone Management Act of 1972 (16 U.S.C. 1455,
11 1455a, and 1461) as necessary at the request of the
12 grant applicant, for amounts made available under
13 this Act under the heading ‘‘Procurement, Acquisition
14 and Construction’’ under the heading ‘‘National Oce-
15 anic and Atmospheric Administration’’.
16 This title may be cited as the ‘‘Department of Com-
17 merce Appropriations Act, 2022’’.
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1 TITLE II
2 DEPARTMENT OF JUSTICE
3 GENERAL ADMINISTRATION
4 SALARIES AND EXPENSES
5 For expenses necessary for the administration of the
6 Department of Justice, $127,794,000, of which $4,000,000
7 shall remain available until September 30, 2023, and of
8 which not to exceed $4,000,000 for security and construc-
9 tion of Department of Justice facilities shall remain avail-
10 able until expended.
11 JUSTICE INFORMATION SHARING TECHNOLOGY
12 (INCLUDING TRANSFER OF FUNDS)
13 For necessary expenses for information sharing tech-
14 nology, including planning, development, deployment and
15 departmental direction, $38,000,000, to remain available
16 until expended: Provided, That the Attorney General may
17 transfer up to $40,000,000 to this account, from funds
18 available to the Department of Justice for information tech-
19 nology, to remain available until expended, for enterprise-
20 wide information technology initiatives: Provided further,
21 That the transfer authority in the preceding proviso is in
22 addition to any other transfer authority contained in this
23 Act: Provided further, That any transfer pursuant to the
24 first proviso shall be treated as a reprogramming under sec-
25 tion 505 of this Act and shall not be available for obligation
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1 or expenditure except in compliance with the procedures set
2 forth in that section.
3 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
4 (INCLUDING TRANSFER OF FUNDS)
5 For expenses necessary for the administration of immi-
6 gration-related activities of the Executive Office for Immi-
7 gration Review, $760,000,000, of which $4,000,000 shall be
8 derived by transfer from the Executive Office for Immigra-
9 tion Review fees deposited in the ‘‘Immigration Examina-
10 tions Fee’’ account, and of which not less than $24,000,000
11 shall be available for services and activities provided by the
12 Legal Orientation Program: Provided, That not to exceed
13 $50,000,000 of the total amount made available under this
14 heading shall remain available until September 30, 2026.
15 OFFICE OF INSPECTOR GENERAL
16 For necessary expenses of the Office of Inspector Gen-
17 eral, $118,000,000, including not to exceed $10,000 to meet
18 unforeseen emergencies of a confidential character: Pro-
19 vided, That not to exceed $4,000,000 shall remain available
20 until September 30, 2023.
21 UNITED STATES PAROLE COMMISSION
22 SALARIES AND EXPENSES
23 For necessary expenses of the United States Parole
24 Commission as authorized, $14,238,000: Provided, That,
25 notwithstanding any other provision of law, upon the expi-
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1 ration of a term of office of a Commissioner, the Commis-
2 sioner may continue to act until a successor has been ap-
3 pointed.
4 LEGAL ACTIVITIES
5 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
6 (INCLUDING TRANSFER OF FUNDS)
7 For expenses necessary for the legal activities of the
8 Department of Justice, not otherwise provided for, includ-
9 ing not to exceed $20,000 for expenses of collecting evidence,
10 to be expended under the direction of, and to be accounted
11 for solely under the certificate of, the Attorney General; the
12 administration of pardon and clemency petitions; and rent
13 of private or Government-owned space in the District of Co-
14 lumbia, $1,000,000,000, of which not to exceed $50,000,000
15 for litigation support contracts and information technology
16 projects, including cybersecurity and hardening of critical
17 networks, shall remain available until expended: Provided,
18 That of the amount provided for INTERPOL Washington
19 dues payments, not to exceed $685,000 shall remain avail-
20 able until expended: Provided further, That of the total
21 amount appropriated, not to exceed $9,000 shall be avail-
22 able to INTERPOL Washington for official reception and
23 representation expenses: Provided further, That of the total
24 amount appropriated, not to exceed $9,000 shall be avail-
25 able to the Criminal Division for official reception and rep-
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1 resentation expenses: Provided further, That notwith-
2 standing section 205 of this Act, upon a determination by
3 the Attorney General that emergent circumstances require
4 additional funding for litigation activities of the Civil Divi-
5 sion, the Attorney General may transfer such amounts to
6 ‘‘Salaries and Expenses, General Legal Activities’’ from
7 available appropriations for the current fiscal year for the
8 Department of Justice, as may be necessary to respond to
9 such circumstances: Provided further, That any transfer
10 pursuant to the preceding proviso shall be treated as a re-
11 programming under section 505 of this Act and shall not
12 be available for obligation or expenditure except in compli-
13 ance with the procedures set forth in that section: Provided
14 further, That of the amount appropriated, such sums as
15 may be necessary shall be available to the Civil Rights Divi-
16 sion for salaries and expenses associated with the election
17 monitoring program under section 8 of the Voting Rights
18 Act of 1965 (52 U.S.C. 10305) and to reimburse the Office
19 of Personnel Management for such salaries and expenses:
20 Provided further, That of the amounts provided under this
21 heading for the election monitoring program, $3,390,000
22 shall remain available until expended.
23 In addition, for reimbursement of expenses of the De-
24 partment of Justice associated with processing cases under
25 the National Childhood Vaccine Injury Act of 1986,
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1 $19,000,000, to be appropriated from the Vaccine Injury
2 Compensation Trust Fund and to remain available until
3 expended.
4 SALARIES AND EXPENSES, ANTITRUST DIVISION
5 For expenses necessary for the enforcement of antitrust
6 and kindred laws, $192,776,000, to remain available until
7 expended: Provided, That notwithstanding any other provi-
8 sion of law, fees collected for premerger notification filings
9 under the Hart-Scott-Rodino Antitrust Improvements Act
10 of 1976 (15 U.S.C. 18a), regardless of the year of collection
11 (and estimated to be $138,000,000 in fiscal year 2022),
12 shall be retained and used for necessary expenses in this
13 appropriation, and shall remain available until expended:
14 Provided further, That the sum herein appropriated from
15 the general fund shall be reduced as such offsetting collec-
16 tions are received during fiscal year 2022, so as to result
17 in a final fiscal year 2022 appropriation from the general
18 fund estimated at $54,776,000.
19 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
20 For necessary expenses of the Offices of the United
21 States Attorneys, including inter-governmental and cooper-
22 ative agreements, $2,419,868,000: Provided, That of the
23 total amount appropriated, not to exceed $7,200 shall be
24 available for official reception and representation expenses:
25 Provided further, That not to exceed $25,000,000 shall re-
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1 main available until expended: Provided further, That each
2 United States Attorney shall establish or participate in a
3 task force on human trafficking.
4 UNITED STATES TRUSTEE SYSTEM FUND
5 For necessary expenses of the United States Trustee
6 Program, as authorized, $239,000,000, to remain available
7 until expended: Provided, That, notwithstanding any other
8 provision of law, deposits of discretionary offsetting collec-
9 tions to the United States Trustee System Fund and
10 amounts herein appropriated shall be available in such
11 amounts as may be necessary to pay refunds due depositors:
12 Provided further, That, notwithstanding any other provi-
13 sion of law, fees deposited into the Fund as discretionary
14 offsetting collections pursuant to section 589a of title 28,
15 United States Code (as limited by section 589a(f)(2) of title
16 28, United States Code), shall be retained and used for nec-
17 essary expenses in this appropriation and shall remain
18 available until expended: Provided further, That to the ex-
19 tent that fees deposited into the Fund as discretionary off-
20 setting collections in fiscal year 2022, net of amounts nec-
21 essary to pay refunds due depositors, exceed $239,000,000,
22 those excess amounts shall be available in future fiscal years
23 only to the extent provided in advance in appropriations
24 Acts: Provided further, That the sum herein appropriated
25 from the general fund shall be reduced (1) as such fees are
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1 received during fiscal year 2022, net of amounts necessary
2 to pay refunds due depositors, (estimated at $413,000,000)
3 and (2) to the extent that any remaining general fund ap-
4 propriations can be derived from amounts deposited in the
5 Fund as discretionary offsetting collections in previous fis-
6 cal years that are not otherwise appropriated, so as to result
7 in a final fiscal year 2022 appropriation from the general
8 fund estimated at $0.
9 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT
10 COMMISSION
11 For expenses necessary to carry out the activities of
12 the Foreign Claims Settlement Commission, including serv-
13 ices as authorized by section 3109 of title 5, United States
14 Code, $2,434,000.
15 FEES AND EXPENSES OF WITNESSES
16 For fees and expenses of witnesses, for expenses of con-
17 tracts for the procurement and supervision of expert wit-
18 nesses, for private counsel expenses, including advances,
19 and for expenses of foreign counsel, $270,000,000, to remain
20 available until expended, of which not to exceed $16,000,000
21 is for construction of buildings for protected witness
22 safesites; not to exceed $3,000,000 is for the purchase and
23 maintenance of armored and other vehicles for witness secu-
24 rity caravans; and not to exceed $25,000,000 is for the pur-
25 chase, installation, maintenance, and upgrade of secure
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1 telecommunications equipment and a secure automated in-
2 formation network to store and retrieve the identities and
3 locations of protected witnesses: Provided, That amounts
4 made available under this heading may not be transferred
5 pursuant to section 205 of this Act.
6 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
7 (INCLUDING TRANSFER OF FUNDS)
8 For necessary expenses of the Community Relations
9 Service, $21,000,000: Provided, That notwithstanding sec-
10 tion 205 of this Act, upon a determination by the Attorney
11 General that emergent circumstances require additional
12 funding for conflict resolution and violence prevention ac-
13 tivities of the Community Relations Service, the Attorney
14 General may transfer such amounts to the Community Re-
15 lations Service, from available appropriations for the cur-
16 rent fiscal year for the Department of Justice, as may be
17 necessary to respond to such circumstances: Provided fur-
18 ther, That any transfer pursuant to the preceding proviso
19 shall be treated as a reprogramming under section 505 of
20 this Act and shall not be available for obligation or expendi-
21 ture except in compliance with the procedures set forth in
22 that section.
23 ASSETS FORFEITURE FUND
24 For expenses authorized by subparagraphs (B), (F),
25 and (G) of section 524(c)(1) of title 28, United States Code,
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1 $20,514,000, to be derived from the Department of Justice
2 Assets Forfeiture Fund.
3 UNITED STATES MARSHALS SERVICE
4 SALARIES AND EXPENSES
5 For necessary expenses of the United States Marshals
6 Service, $1,580,000,000, of which not to exceed $6,000 shall
7 be available for official reception and representation ex-
8 penses, and not to exceed $25,000,000 shall remain avail-
9 able until expended.
10 CONSTRUCTION
11 For construction in space that is controlled, occupied,
12 or utilized by the United States Marshals Service for pris-
13 oner holding and related support, $15,000,000, to remain
14 available until expended.
15 FEDERAL PRISONER DETENTION
16 For necessary expenses related to United States pris-
17 oners in the custody of the United States Marshals Service
18 as authorized by section 4013 of title 18, United States
19 Code, $2,123,015,000, to remain available until expended:
20 Provided, That not to exceed $20,000,000 shall be considered
21 ‘‘funds appropriated for State and local law enforcement
22 assistance’’ pursuant to section 4013(b) of title 18, United
23 States Code: Provided further, That the United States Mar-
24 shals Service shall be responsible for managing the Justice
25 Prisoner and Alien Transportation System.
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1 NATIONAL SECURITY DIVISION
2 SALARIES AND EXPENSES
3 (INCLUDING TRANSFER OF FUNDS)
4 For expenses necessary to carry out the activities of
5 the National Security Division, $120,681,000, of which not
6 to exceed $5,000,000 for information technology systems
7 shall remain available until expended: Provided, That not-
8 withstanding section 205 of this Act, upon a determination
9 by the Attorney General that emergent circumstances re-
10 quire additional funding for the activities of the National
11 Security Division, the Attorney General may transfer such
12 amounts to this heading from available appropriations for
13 the current fiscal year for the Department of Justice, as
14 may be necessary to respond to such circumstances: Pro-
15 vided further, That any transfer pursuant to the preceding
16 proviso shall be treated as a reprogramming under section
17 505 of this Act and shall not be available for obligation
18 or expenditure except in compliance with the procedures set
19 forth in that section.
20 INTERAGENCY LAW ENFORCEMENT
21 INTERAGENCY CRIME AND DRUG ENFORCEMENT
22 For necessary expenses for the identification, inves-
23 tigation, and prosecution of individuals associated with the
24 most significant drug trafficking organizations,
25 transnational organized crime, and money laundering or-
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1 ganizations not otherwise provided for, to include inter-gov-
2 ernmental agreements with State and local law enforcement
3 agencies engaged in the investigation and prosecution of in-
4 dividuals involved in transnational organized crime and
5 drug trafficking, $550,458,000, of which $50,000,000 shall
6 remain available until expended: Provided, That any
7 amounts obligated from appropriations under this heading
8 may be used under authorities available to the organiza-
9 tions reimbursed from this appropriation.
10 FEDERAL BUREAU OF INVESTIGATION
11 SALARIES AND EXPENSES
12 For necessary expenses of the Federal Bureau of Inves-
13 tigation for detection, investigation, and prosecution of
14 crimes against the United States, $10,136,295,000, of which
15 not to exceed $216,900,000 shall remain available until ex-
16 pended: Provided, That not to exceed $284,000 shall be
17 available for official reception and representation expenses.
18 CONSTRUCTION
19 For necessary expenses, to include the cost of equip-
20 ment, furniture, and information technology requirements,
21 related to construction or acquisition of buildings, facilities,
22 and sites by purchase, or as otherwise authorized by law;
23 conversion, modification, and extension of federally owned
24 buildings; preliminary planning and design of projects; and
25 operation and maintenance of secure work environment fa-
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1 cilities and secure networking capabilities; $632,000,000, to
2 remain available until expended.
3 DRUG ENFORCEMENT ADMINISTRATION
4 SALARIES AND EXPENSES
5 For necessary expenses of the Drug Enforcement Ad-
6 ministration, including not to exceed $70,000 to meet un-
7 foreseen emergencies of a confidential character pursuant
8 to section 530C of title 28, United States Code; and expenses
9 for conducting drug education and training programs, in-
10 cluding travel and related expenses for participants in such
11 programs and the distribution of items of token value that
12 promote the goals of such programs, $2,421,522,000, of
13 which not to exceed $75,000,000 shall remain available
14 until expended and not to exceed $90,000 shall be available
15 for official reception and representation expenses: Provided,
16 That, notwithstanding section 3672 of Public Law 106–310,
17 up to $10,000,000 may be used to reimburse States, units
18 of local government, Indian Tribal Governments, other pub-
19 lic entities, and multi-jurisdictional or regional consortia
20 thereof for expenses incurred to clean up and safely dispose
21 of substances associated with clandestine methamphetamine
22 laboratories, conversion and extraction operations, tableting
23 operations, or laboratories and processing operations for
24 fentanyl and fentanyl-related substances which may present
25 a danger to public health or the environment.
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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
2 EXPLOSIVES
3 SALARIES AND EXPENSES
4 For necessary expenses of the Bureau of Alcohol, To-
5 bacco, Firearms and Explosives, for training of State and
6 local law enforcement agencies with or without reimburse-
7 ment, including training in connection with the training
8 and acquisition of canines for explosives and fire
9 accelerants detection; and for provision of laboratory assist-
10 ance to State and local law enforcement agencies, with or
11 without reimbursement, $1,531,071,000, of which not to ex-
12 ceed $36,000 shall be for official reception and representa-
13 tion expenses, not to exceed $1,000,000 shall be available
14 for the payment of attorneys’ fees as provided by section
15 924(d)(2) of title 18, United States Code, and not to exceed
16 $25,000,000 shall remain available until expended: Pro-
17 vided, That none of the funds appropriated herein shall be
18 available to investigate or act upon applications for relief
19 from Federal firearms disabilities under section 925(c) of
20 title 18, United States Code: Provided further, That such
21 funds shall be available to investigate and act upon appli-
22 cations filed by corporations for relief from Federal fire-
23 arms disabilities under section 925(c) of title 18, United
24 States Code: Provided further, That no funds made avail-
25 able by this or any other Act may be used to transfer the
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1 functions, missions, or activities of the Bureau of Alcohol,
2 Tobacco, Firearms and Explosives to other agencies or De-
3 partments.
4 FEDERAL PRISON SYSTEM
5 SALARIES AND EXPENSES
6 (INCLUDING TRANSFER OF FUNDS)
7 For necessary expenses of the Federal Prison System
8 for the administration, operation, and maintenance of Fed-
9 eral penal and correctional institutions, and for the provi-
10 sion of technical assistance and advice on corrections re-
11 lated issues to foreign governments, $7,865,000,000: Pro-
12 vided, That not less than $409,483,000 shall be for the pro-
13 grams and activities authorized by the First Step Act of
14 2018 (Public Law 115–391): Provided further, That the At-
15 torney General may transfer to the Department of Health
16 and Human Services such amounts as may be necessary
17 for direct expenditures by that Department for medical re-
18 lief for inmates of Federal penal and correctional institu-
19 tions: Provided further, That the Director of the Federal
20 Prison System, where necessary, may enter into contracts
21 with a fiscal agent or fiscal intermediary claims processor
22 to determine the amounts payable to persons who, on behalf
23 of the Federal Prison System, furnish health services to in-
24 dividuals committed to the custody of the Federal Prison
25 System: Provided further, That not to exceed $5,400 shall
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1 be available for official reception and representation ex-
2 penses: Provided further, That not to exceed $50,000,000
3 shall remain available until expended for necessary oper-
4 ations: Provided further, That, of the amounts provided for
5 contract confinement, not to exceed $20,000,000 shall re-
6 main available until expended to make payments in ad-
7 vance for grants, contracts and reimbursable agreements,
8 and other expenses: Provided further, That the Director of
9 the Federal Prison System may accept donated property
10 and services relating to the operation of the prison card
11 program from a not-for-profit entity which has operated
12 such program in the past, notwithstanding the fact that
13 such not-for-profit entity furnishes services under contracts
14 to the Federal Prison System relating to the operation of
15 pre-release services, halfway houses, or other custodial fa-
16 cilities.
17 BUILDINGS AND FACILITIES
18 For planning, acquisition of sites, and construction of
19 new facilities; purchase and acquisition of facilities and re-
20 modeling, and equipping of such facilities for penal and
21 correctional use, including all necessary expenses incident
22 thereto, by contract or force account; and constructing, re-
23 modeling, and equipping necessary buildings and facilities
24 at existing penal and correctional institutions, including
25 all necessary expenses incident thereto, by contract or force
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1 account, $235,000,000, to remain available until expended,
2 of which $176,000,000 shall be available only for costs re-
3 lated to construction of new facilities: Provided, That labor
4 of United States prisoners may be used for work performed
5 under this appropriation.
6 FEDERAL PRISON INDUSTRIES, INCORPORATED
7 The Federal Prison Industries, Incorporated, is hereby
8 authorized to make such expenditures within the limits of
9 funds and borrowing authority available, and in accord
10 with the law, and to make such contracts and commitments
11 without regard to fiscal year limitations as provided by sec-
12 tion 9104 of title 31, United States Code, as may be nec-
13 essary in carrying out the program set forth in the budget
14 for the current fiscal year for such corporation.
15 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
16 PRISON INDUSTRIES, INCORPORATED
17 Not to exceed $2,700,000 of the funds of the Federal
18 Prison Industries, Incorporated, shall be available for its
19 administrative expenses, and for services as authorized by
20 section 3109 of title 5, United States Code, to be computed
21 on an accrual basis to be determined in accordance with
22 the corporation’s current prescribed accounting system, and
23 such amounts shall be exclusive of depreciation, payment
24 of claims, and expenditures which such accounting system
25 requires to be capitalized or charged to cost of commodities
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1 acquired or produced, including selling and shipping ex-
2 penses, and expenses in connection with acquisition, con-
3 struction, operation, maintenance, improvement, protec-
4 tion, or disposition of facilities and other property belong-
5 ing to the corporation or in which it has an interest.
6 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
7 OFFICE ON VIOLENCE AGAINST WOMEN
8 VIOLENCE AGAINST WOMEN PREVENTION AND
9 PROSECUTION PROGRAMS
10 (INCLUDING TRANSFER OF FUNDS)
11 For grants, contracts, cooperative agreements, and
12 other assistance for the prevention and prosecution of vio-
13 lence against women, as authorized by the Omnibus Crime
14 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et
15 seq.) (‘‘the 1968 Act’’); the Violent Crime Control and Law
16 Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994
17 Act’’); the Victims of Child Abuse Act of 1990 (Public Law
18 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and
19 Other Tools to end the Exploitation of Children Today Act
20 of 2003 (Public Law 108–21); the Juvenile Justice and De-
21 linquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.)
22 (‘‘the 1974 Act’’); the Victims of Trafficking and Violence
23 Protection Act of 2000 (Public Law 106–386) (‘‘the 2000
24 Act’’); the Violence Against Women and Department of Jus-
25 tice Reauthorization Act of 2005 (Public Law 109–162)
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1 (‘‘the 2005 Act’’); the Violence Against Women Reauthoriza-
2 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the
3 Justice for Victims of Trafficking Act of 2015 (Public Law
4 114–22) (‘‘the 2015 Act’’); and the Abolish Human Traf-
5 ficking Act (Public Law 115–392); and for related victims
6 services, $575,000,000, to remain available until expended,
7 of which $575,000,000 shall be derived by transfer from
8 amounts available for obligation in this Act from the Fund
9 established by section 1402 of chapter XIV of title II of Pub-
10 lic Law 98–473 (34 U.S.C. 20101), notwithstanding section
11 1402(d) of such Act of 1984, and merged with the amounts
12 otherwise made available under this heading: Provided,
13 That except as otherwise provided by law, not to exceed 5
14 percent of funds made available under this heading may
15 be used for expenses related to evaluation, training, and
16 technical assistance: Provided further, That of the amount
17 provided—
18 (1) $217,000,000 is for grants to combat violence
19 against women, as authorized by part T of the 1968
20 Act;
21 (2) $43,000,000 is for transitional housing as-
22 sistance grants for victims of domestic violence, dat-
23 ing violence, stalking, or sexual assault as authorized
24 by section 40299 of the 1994 Act;
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1 (3) $2,500,000 is for the National Institute of
2 Justice and the Bureau of Justice Statistics for re-
3 search, evaluation, and statistics of violence against
4 women and related issues addressed by grant pro-
5 grams of the Office on Violence Against Women,
6 which shall be transferred to ‘‘Research, Evaluation
7 and Statistics’’ for administration by the Office of
8 Justice Programs;
9 (4) $15,000,000 is for a grant program to pro-
10 vide services to advocate for and respond to youth vic-
11 tims of domestic violence, dating violence, sexual as-
12 sault, and stalking; assistance to children and youth
13 exposed to such violence; programs to engage men and
14 youth in preventing such violence; and assistance to
15 middle and high school students through education
16 and other services related to such violence, of which
17 $3,000,000 is to engage men and youth in preventing
18 domestic violence, dating violence, sexual assault, and
19 stalking: Provided, That unobligated balances avail-
20 able for the programs authorized by sections 41201,
21 41204, 41303, and 41305 of the 1994 Act, prior to its
22 amendment by the 2013 Act, shall be available for
23 this program: Provided further, That 10 percent of
24 the total amount available for this grant program
25 shall be available for grants under the program au-
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1 thorized by section 2015 of the 1968 Act: Provided
2 further, That the definitions and grant conditions in
3 section 40002 of the 1994 Act shall apply to this pro-
4 gram;
5 (5) $55,000,000 is for grants to encourage arrest
6 policies as authorized by part U of the 1968 Act, of
7 which $4,000,000 is for a homicide reduction initia-
8 tive and up to $4,000,000 is for a domestic violence
9 lethality reduction initiative;
10 (6) $54,000,000 is for sexual assault victims as-
11 sistance, as authorized by section 41601 of the 1994
12 Act;
13 (7) $48,000,000 is for rural domestic violence
14 and child abuse enforcement assistance grants, as au-
15 thorized by section 40295 of the 1994 Act;
16 (8) $22,000,000 is for grants to reduce violent
17 crimes against women on campus, as authorized by
18 section 304 of the 2005 Act and notwithstanding the
19 restrictions of section 304(a)(2) of such Act, of which
20 $11,000,000 is for grants to Historically Black Col-
21 leges and Universities, Hispanic-Serving Institutions,
22 and Tribal colleges;
23 (9) $50,000,000 is for legal assistance for vic-
24 tims, as authorized by section 1201 of the 2000 Act;
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1 (10) $7,500,000 is for enhanced training and
2 services to end violence against and abuse of women
3 in later life, as authorized by section 40801 of the
4 1994 Act;
5 (11) $20,000,000 is for grants to support fami-
6 lies in the justice system, as authorized by section
7 1301 of the 2000 Act: Provided, That unobligated bal-
8 ances available for the programs authorized by section
9 1301 of the 2000 Act and section 41002 of the 1994
10 Act, prior to their amendment by the 2013 Act, shall
11 be available for this program;
12 (12) $7,500,000 is for education and training to
13 end violence against and abuse of women with dis-
14 abilities, as authorized by section 1402 of the 2000
15 Act;
16 (13) $1,000,000 is for the National Resource
17 Center on Workplace Responses to assist victims of
18 domestic violence, as authorized by section 41501 of
19 the 1994 Act;
20 (14) $1,000,000 is for analysis and research on
21 violence against Indian women, including as author-
22 ized by section 904 of the 2005 Act: Provided, That
23 such funds may be transferred to ‘‘Research, Evalua-
24 tion and Statistics’’ for administration by the Office
25 of Justice Programs;
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1 (15) $500,000 is for a national clearinghouse
2 that provides training and technical assistance on
3 issues relating to sexual assault of American Indian
4 and Alaska Native women;
5 (16) $5,500,000 is for grants to assist Tribal
6 Governments in exercising special domestic violence
7 criminal jurisdiction, as authorized by section 904 of
8 the 2013 Act: Provided, That the grant conditions in
9 section 40002(b) of the 1994 Act shall apply to this
10 program;
11 (17) $1,500,000 is for the purposes authorized
12 under the 2015 Act;
13 (18) $11,000,000 is for a grant program to sup-
14 port restorative justice responses to domestic violence,
15 dating violence, sexual assault, and stalking, includ-
16 ing evaluations of those responses: Provided, That the
17 definitions and grant conditions in section 40002 of
18 the 1994 Act, and in the explanatory statement de-
19 scribed in section 4 (in the matter preceding division
20 A of this consolidated Act), shall apply to this pro-
21 gram;
22 (19) $10,000,000 is for culturally specific serv-
23 ices for victims, as authorized by section 121 of the
24 2005 Act; and
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1 (20) $3,000,000 is for an initiative to support
2 cross-designation of tribal prosecutors as Tribal Spe-
3 cial Assistant United States Attorneys: Provided,
4 That the definitions and grant conditions in section
5 40002 of the 1994 Act shall apply to this initiative.
6 OFFICE OF JUSTICE PROGRAMS
7 RESEARCH, EVALUATION AND STATISTICS
8 For grants, contracts, cooperative agreements, and
9 other assistance authorized by title I of the Omnibus Crime
10 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
11 Violent Crime Control and Law Enforcement Act of 1994
12 (Public Law 103–322) (‘‘the 1994 Act’’); the Juvenile Jus-
13 tice and Delinquency Prevention Act of 1974 (‘‘the 1974
14 Act’’); the Missing Children’s Assistance Act (34 U.S.C.
15 11291 et seq.); the Prosecutorial Remedies and Other Tools
16 to end the Exploitation of Children Today Act of 2003
17 (Public Law 108–21) (‘‘the PROTECT Act’’); the Justice
18 for All Act of 2004 (Public Law 108–405); the Violence
19 Against Women and Department of Justice Reauthorization
20 Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
21 Victims of Child Abuse Act of 1990 (Public Law 101–647);
22 the Second Chance Act of 2007 (Public Law 110–199); the
23 Victims of Crime Act of 1984 (Public Law 98–473); the
24 Adam Walsh Child Protection and Safety Act of 2006 (Pub-
25 lic Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT
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1 Our Children Act of 2008 (Public Law 110–401); subtitle
2 C of title II of the Homeland Security Act of 2002 (Public
3 Law 107–296) (‘‘the 2002 Act’’); the Prison Rape Elimi-
4 nation Act of 2003 (Public Law 108–79) (‘‘PREA’’); the
5 NICS Improvement Amendments Act of 2007 (Public Law
6 110–180); the Violence Against Women Reauthorization Act
7 of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Com-
8 prehensive Addiction and Recovery Act of 2016 (Public
9 Law 114–198); the First Step Act of 2018 (Public Law
10 115–391); and other programs, $70,000,000, to remain
11 available until expended, of which—
12 (1) $40,000,000 is for criminal justice statistics
13 programs, and other activities, as authorized by part
14 C of title I of the 1968 Act; and
15 (2) $30,000,000 is for research, development, and
16 evaluation programs, and other activities as author-
17 ized by part B of title I of the 1968 Act and subtitle
18 C of title II of the 2002 Act, and for activities author-
19 ized by or consistent with the First Step Act of 2018,
20 of which $1,500,000 is for a feasibility study to create
21 a system to monitor abuse in youth-serving organiza-
22 tions.
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1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
2 (INCLUDING TRANSFER OF FUNDS)
3 For grants, contracts, cooperative agreements, and
4 other assistance authorized by the Violent Crime Control
5 and Law Enforcement Act of 1994 (Public Law 103–322)
6 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe
7 Streets Act of 1968 (Public Law 90–351) (‘‘the 1968 Act’’);
8 the Justice for All Act of 2004 (Public Law 108–405); the
9 Victims of Child Abuse Act of 1990 (Public Law 101–647)
10 (‘‘the 1990 Act’’); the Trafficking Victims Protection Reau-
11 thorization Act of 2005 (Public Law 109–164); the Violence
12 Against Women and Department of Justice Reauthorization
13 Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
14 Adam Walsh Child Protection and Safety Act of 2006 (Pub-
15 lic Law 109–248) (‘‘the Adam Walsh Act’’); the Victims of
16 Trafficking and Violence Protection Act of 2000 (Public
17 Law 106–386); the NICS Improvement Amendments Act of
18 2007 (Public Law 110–180); subtitle C of title II of the
19 Homeland Security Act of 2002 (Public Law 107–296)
20 (‘‘the 2002 Act’’); the Prison Rape Elimination Act of 2003
21 (Public Law 108–79); the Second Chance Act of 2007 (Pub-
22 lic Law 110–199); the Prioritizing Resources and Organi-
23 zation for Intellectual Property Act of 2008 (Public Law
24 110–403); the Victims of Crime Act of 1984 (Public Law
25 98–473); the Mentally Ill Offender Treatment and Crime
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1 Reduction Reauthorization and Improvement Act of 2008
2 (Public Law 110–416); the Violence Against Women Reau-
3 thorization Act of 2013 (Public Law 113–4) (‘‘the 2013
4 Act’’); the Comprehensive Addiction and Recovery Act of
5 2016 (Public Law 114–198) (‘‘CARA’’); the Justice for All
6 Reauthorization Act of 2016 (Public Law 114–324); Kevin
7 and Avonte’s Law (division Q of Public Law 115–141)
8 (‘‘Kevin and Avonte’s Law’’); the Keep Young Athletes Safe
9 Act of 2018 (title III of division S of Public Law 115–
10 141) (‘‘the Keep Young Athletes Safe Act’’); the STOP
11 School Violence Act of 2018 (title V of division S of Public
12 Law 115–141) (‘‘the STOP School Violence Act’’); the Fix
13 NICS Act of 2018 (title VI of division S of Public Law
14 115–141); the Project Safe Neighborhoods Grant Program
15 Authorization Act of 2018 (Public Law 115–185); the SUP-
16 PORT for Patients and Communities Act (Public Law
17 115–271); the Second Chance Reauthorization Act of 2018
18 (Public Law 115–391); the Matthew Shepard and James
19 Byrd, Jr. Hate Crimes Prevention Act (Public Law 111–
20 84); the Ashanti Alert Act of 2018 (Public Law 115–401);
21 the Missing Persons and Unidentified Remains Act of 2019
22 (Public Law 116–277); the Jabara-Heyer NO HATE Act
23 (34 U.S.C. 30507) and other programs, $2,213,000,000, to
24 remain available until expended as follows—
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1 (1) $674,500,000 for the Edward Byrne Memo-
2 rial Justice Assistance Grant program as authorized
3 by subpart 1 of part E of title I of the 1968 Act (ex-
4 cept that section 1001(c), and the special rules for
5 Puerto Rico under section 505(g), of title I of the
6 1968 Act shall not apply for purposes of this Act), of
7 which, notwithstanding such subpart 1—
8 (A) $13,000,000 is for an Officer Robert
9 Wilson III memorial initiative on Preventing
10 Violence Against Law Enforcement and Ensur-
11 ing Officer Resilience and Survivability
12 (VALOR);
13 (B) $2,400,000 is for the operation, mainte-
14 nance, and expansion of the National Missing
15 and Unidentified Persons System;
16 (C) $10,000,000 is for a grant program for
17 State and local law enforcement to provide offi-
18 cer training on responding to individuals with
19 mental illness or disabilities;
20 (D) $4,000,000 is for a student loan repay-
21 ment assistance program pursuant to section 952
22 of Public Law 110–315;
23 (E) $15,500,000 is for prison rape preven-
24 tion and prosecution grants to States and units
25 of local government, and other programs, as au-
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1 thorized by the Prison Rape Elimination Act of
2 2003 (Public Law 108–79);
3 (F) $3,000,000 is for the Missing Americans
4 Alert Program (title XXIV of the 1994 Act), as
5 amended by Kevin and Avonte’s Law;
6 (G) $20,000,000 is for grants authorized
7 under the Project Safe Neighborhoods Grant Au-
8 thorization Act of 2018 (Public Law 115–185);
9 (H) $12,000,000 is for the Capital Litiga-
10 tion Improvement Grant Program, as authorized
11 by section 426 of Public Law 108–405, and for
12 grants for wrongful conviction review;
13 (I) $3,000,000 is for a national center on
14 restorative justice;
15 (J) $1,000,000 is for the purposes of the
16 Ashanti Alert Communications Network as au-
17 thorized under the Ashanti Alert Act of 2018
18 (Public Law 115–401);
19 (K) $3,500,000 is for a grant program to
20 replicate family-based alternative sentencing
21 pilot programs;
22 (L) $2,000,000 is for a grant program to
23 support child advocacy training in post-sec-
24 ondary education;
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1 (M) $8,000,000 is for a rural violent crime
2 initiative, including assistance for law enforce-
3 ment;
4 (N) $5,000,000 is for grants authorized
5 under the Missing Persons and Unidentified Re-
6 mains Act of 2019 (Public Law 116–277);
7 (O) $4,000,000 is for a drug data research
8 center to combat opioid abuse;
9 (P) $1,500,000 is for grants to accredited
10 institutions of higher education to support foren-
11 sic ballistics programs; and
12 (Q) $184,707,000 is for discretionary grants
13 to improve the functioning of the criminal justice
14 system, to prevent or combat juvenile delin-
15 quency, and to assist victims of crime (other
16 than compensation), which shall be used for the
17 projects, and in the amounts, specified under the
18 heading, ‘‘Byrne Discretionary Community
19 Project Grants/Byrne Discretionary Grants’’, in
20 the explanatory statement described in section 4
21 (in the matter preceding division A of this con-
22 solidated Act): Provided, That such amounts
23 may not be transferred for any other purpose;
24 (2) $234,000,000 for the State Criminal Alien
25 Assistance Program, as authorized by section
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1 241(I)(5) of the Immigration and Nationality Act (8
2 U.S.C. 1231(I)(5)): Provided, That no jurisdiction
3 shall request compensation for any cost greater than
4 the actual cost for Federal immigration and other de-
5 tainees housed in State and local detention facilities;
6 (3) $88,000,000 for victim services programs for
7 victims of trafficking, as authorized by section
8 107(b)(2) of Public Law 106–386, for programs au-
9 thorized under Public Law 109–164, or programs au-
10 thorized under Public Law 113–4;
11 (4) $12,000,000 for a grant program to prevent
12 and address economic, high technology, white collar,
13 and Internet crime, including as authorized by sec-
14 tion 401 of Public Law 110–403, of which not less
15 than $2,500,000 is for intellectual property enforce-
16 ment grants including as authorized by section 401,
17 and $2,000,000 is for grants to develop databases on
18 Internet of Things device capabilities and to build
19 and execute training modules for law enforcement;
20 (5) $20,000,000 for sex offender management as-
21 sistance, as authorized by the Adam Walsh Act, and
22 related activities;
23 (6) $30,000,000 for the Patrick Leahy Bullet-
24 proof Vest Partnership Grant Program, as authorized
25 by section 2501 of title I of the 1968 Act: Provided,
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1 That $1,500,000 shall be transferred directly to the
2 National Institute of Standards and Technology’s Of-
3 fice of Law Enforcement Standards for research, test-
4 ing, and evaluation programs;
5 (7) $1,000,000 for the National Sex Offender
6 Public Website;
7 (8) $95,000,000 for grants to States to upgrade
8 criminal and mental health records for the National
9 Instant Criminal Background Check System, of which
10 no less than $25,000,000 shall be for grants made
11 under the authorities of the NICS Improvement
12 Amendments Act of 2007 (Public Law 110–180) and
13 Fix NICS Act of 2018;
14 (9) $33,000,000 for Paul Coverdell Forensic
15 Sciences Improvement Grants under part BB of title
16 I of the 1968 Act;
17 (10) $151,000,000 for DNA-related and forensic
18 programs and activities, of which—
19 (A) $120,000,000 is for the purposes author-
20 ized under section 2 of the DNA Analysis Back-
21 log Elimination Act of 2000 (Public Law 106–
22 546) (the Debbie Smith DNA Backlog Grant
23 Program): Provided, That up to 4 percent of
24 funds made available under this paragraph may
25 be used for the purposes described in the DNA
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1 Training and Education for Law Enforcement,
2 Correctional Personnel, and Court Officers pro-
3 gram (Public Law 108–405, section 303);
4 (B) $15,000,000 for other local, State, and
5 Federal forensic activities;
6 (C) $12,000,000 is for the purposes de-
7 scribed in the Kirk Bloodsworth Post-Conviction
8 DNA Testing Grant Program (Public Law 108–
9 405, section 412); and
10 (D) $4,000,000 is for Sexual Assault Foren-
11 sic Exam Program grants, including as author-
12 ized by section 304 of Public Law 108–405;
13 (11) $50,000,000 for community-based grant
14 programs to improve the response to sexual assault,
15 including assistance for investigation and prosecution
16 of related cold cases;
17 (12) $14,000,000 for the court-appointed special
18 advocate program, as authorized by section 217 of the
19 1990 Act;
20 (13) $50,000,000 for assistance to Indian Tribes;
21 (14) $115,000,000 for offender reentry programs
22 and research, as authorized by the Second Chance Act
23 of 2007 (Public Law 110–199) and by the Second
24 Chance Reauthorization Act of 2018 (Public Law
25 115–391), without regard to the time limitations
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1 specified at section 6(1) of such Act, of which not to
2 exceed—
3 (A) $8,000,000 is for a program to improve
4 State, local, and Tribal probation or parole su-
5 pervision efforts and strategies;
6 (B) $5,000,000 is for children of incarcer-
7 ated parents demonstration programs to enhance
8 and maintain parental and family relationships
9 for incarcerated parents as a reentry or recidi-
10 vism reduction strategy;
11 (C) $5,000,000 is for additional replication
12 sites employing the Project HOPE Opportunity
13 Probation with Enforcement model imple-
14 menting swift and certain sanctions in proba-
15 tion, of which no less than $500,000 shall be used
16 for a project that provides training, technical as-
17 sistance, and best practices; and
18 (D) $10,000,000 is for a grant program for
19 crisis stabilization and community reentry, as
20 authorized by the Crisis Stabilization and Com-
21 munity Reentry Act of 2020 (Public Law 116–
22 281):
23 Provided, That up to $7,500,000 of funds made avail-
24 able in this paragraph may be used for performance-
25 based awards for Pay for Success projects, of which
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1 up to $5,000,000 shall be for Pay for Success pro-
2 grams implementing the Permanent Supportive
3 Housing Model and reentry housing;
4 (15) $415,000,000 for comprehensive opioid
5 abuse reduction activities, including as authorized by
6 CARA, and for the following programs, which shall
7 address opioid, stimulant, and substance use disorders
8 consistent with underlying program authorities, of
9 which—
10 (A) $88,000,000 is for Drug Courts, as au-
11 thorized by section 1001(a)(25)(A) of title I of
12 the 1968 Act;
13 (B) $40,000,000 is for mental health courts
14 and adult and juvenile collaboration program
15 grants, as authorized by parts V and HH of title
16 I of the 1968 Act, and the Mentally Ill Offender
17 Treatment and Crime Reduction Reauthoriza-
18 tion and Improvement Act of 2008 (Public Law
19 110–416);
20 (C) $40,000,000 is for grants for Residen-
21 tial Substance Abuse Treatment for State Pris-
22 oners, as authorized by part S of title I of the
23 1968 Act;
24 (D) $29,000,000 is for a veterans treatment
25 courts program;
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1 (E) $33,000,000 is for a program to mon-
2 itor prescription drugs and scheduled listed
3 chemical products; and
4 (F) $185,000,000 is for a comprehensive
5 opioid, stimulant, and substance abuse program;
6 (16) $2,500,000 for a competitive grant program
7 authorized by the Keep Young Athletes Safe Act;
8 (17) $82,000,000 for grants to be administered
9 by the Bureau of Justice Assistance for purposes au-
10 thorized under the STOP School Violence Act;
11 (18) $3,000,000 for grants to State and local law
12 enforcement agencies for the expenses associated with
13 the investigation and prosecution of criminal offenses
14 involving civil rights, authorized by the Emmett Till
15 Unsolved Civil Rights Crimes Reauthorization Act of
16 2016 (Public Law 114–325);
17 (19) $13,000,000 for grants to State, local, and
18 Tribal law enforcement agencies to conduct edu-
19 cational outreach and training on hate crimes and to
20 investigate and prosecute hate crimes, as authorized
21 by section 4704 of the Matthew Shepard and James
22 Byrd, Jr. Hate Crimes Prevention Act (Public Law
23 111–84);
24 (20) $5,000,000 for grants to support commu-
25 nity-based approaches to advancing justice and rec-
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1 onciliation, facilitating dialogue between all parties,
2 building local capacity, de-escalating community ten-
3 sions, and preventing hate crimes through conflict res-
4 olution and community empowerment and education;
5 (21) $120,000,000 for initiatives to improve po-
6 lice-community relations, of which $35,000,000 is for
7 a competitive matching grant program for purchases
8 of body-worn cameras for State, local, and Tribal law
9 enforcement; $35,000,000 is for a justice reinvestment
10 initiative, for activities related to criminal justice re-
11 form and recidivism reduction; and $50,000,000 is for
12 a community violence intervention and prevention
13 initiative; and
14 (22) $5,000,000 for programs authorized under
15 the Jabara-Heyer NO HATE Act (34 U.S.C. 30507):
16 Provided, That, if a unit of local government uses any of
17 the funds made available under this heading to increase the
18 number of law enforcement officers, the unit of local govern-
19 ment will achieve a net gain in the number of law enforce-
20 ment officers who perform non-administrative public sector
21 safety service: Provided further, That in the spending plan
22 submitted pursuant to section 528 of this Act, the Office
23 of Justice Programs shall specifically and explicitly iden-
24 tify all changes in the administration of competitive grant
25 programs for fiscal year 2022, including changes to appli-
•HR 2471 EAH
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1 cant eligibility, priority areas or weightings, and the appli-
2 cation review process.
3 JUVENILE JUSTICE PROGRAMS
4 For grants, contracts, cooperative agreements, and
5 other assistance authorized by the Juvenile Justice and De-
6 linquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Om-
7 nibus Crime Control and Safe Streets Act of 1968 (‘‘the
8 1968 Act’’); the Violence Against Women and Department
9 of Justice Reauthorization Act of 2005 (Public Law 109–
10 162) (‘‘the 2005 Act’’); the Missing Children’s Assistance
11 Act (34 U.S.C. 11291 et seq.); the PROTECT Act (Public
12 Law 108–21); the Victims of Child Abuse Act of 1990 (Pub-
13 lic Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh Child
14 Protection and Safety Act of 2006 (Public Law 109–248)
15 (‘‘the Adam Walsh Act’’); the PROTECT Our Children Act
16 of 2008 (Public Law 110–401); the Violence Against Women
17 Reauthorization Act of 2013 (Public Law 113–4) (‘‘the
18 2013 Act’’); the Justice for All Reauthorization Act of 2016
19 (Public Law 114–324); the Missing Children’s Assistance
20 Act of 2018 (Public Law 115–267); the Juvenile Justice Re-
21 form Act of 2018 (Public Law 115–385); the Victims of
22 Crime Act of 1984 (chapter XIV of title II of Public Law
23 98–473) (‘‘the 1984 Act’’); the Comprehensive Addiction
24 and Recovery Act of 2016 (Public Law 114–198); and other
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1 juvenile justice programs, $360,000,000, to remain avail-
2 able until expended as follows—
3 (1) $70,000,000 for programs authorized by sec-
4 tion 221 of the 1974 Act, and for training and tech-
5 nical assistance to assist small, nonprofit organiza-
6 tions with the Federal grants process: Provided, That
7 of the amounts provided under this paragraph,
8 $500,000 shall be for a competitive demonstration
9 grant program to support emergency planning among
10 State, local, and Tribal juvenile justice residential fa-
11 cilities;
12 (2) $102,000,000 for youth mentoring grants;
13 (3) $49,500,000 for delinquency prevention, of
14 which, pursuant to sections 261 and 262 of the 1974
15 Act—
16 (A) $4,000,000 shall be for grants to prevent
17 trafficking of girls;
18 (B) $14,000,000 shall be for the Tribal
19 Youth Program;
20 (C) $500,000 shall be for an Internet site
21 providing information and resources on children
22 of incarcerated parents;
23 (D) $4,500,000 shall be for competitive
24 grants focusing on girls in the juvenile justice
25 system;
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1 (E) $12,000,000 shall be for an initiative
2 relating to youth affected by opioids, stimulants,
3 and other substance use;
4 (F) $8,000,000 shall be for an initiative re-
5 lating to children exposed to violence; and
6 (G) $5,000,000 shall be for grants to protect
7 vulnerable and at-risk youth;
8 (4) $33,000,000 for programs authorized by the
9 Victims of Child Abuse Act of 1990;
10 (5) $99,000,000 for missing and exploited chil-
11 dren programs, including as authorized by sections
12 404(b) and 405(a) of the 1974 Act (except that section
13 102(b)(4)(B) of the PROTECT Our Children Act of
14 2008 (Public Law 110–401) shall not apply for pur-
15 poses of this Act);
16 (6) $4,000,000 for child abuse training programs
17 for judicial personnel and practitioners, as authorized
18 by section 222 of the 1990 Act; and
19 (7) $2,500,000 for a program to improve juvenile
20 indigent defense:
21 Provided, That not more than 10 percent of each amount
22 may be used for research, evaluation, and statistics activi-
23 ties designed to benefit the programs or activities author-
24 ized: Provided further, That not more than 2 percent of the
25 amounts designated under paragraphs (1) through (3) and
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1 (6) may be used for training and technical assistance: Pro-
2 vided further, That the two preceding provisos shall not
3 apply to grants and projects administered pursuant to sec-
4 tions 261 and 262 of the 1974 Act and to missing and ex-
5 ploited children programs.
6 PUBLIC SAFETY OFFICER BENEFITS
7 (INCLUDING TRANSFER OF FUNDS)
8 For payments and expenses authorized under section
9 1001(a)(4) of title I of the Omnibus Crime Control and Safe
10 Streets Act of 1968, such sums as are necessary (including
11 amounts for administrative costs), to remain available
12 until expended; and $30,000,000 for payments authorized
13 by section 1201(b) of such Act and for educational assist-
14 ance authorized by section 1218 of such Act, to remain
15 available until expended: Provided, That notwithstanding
16 section 205 of this Act, upon a determination by the Attor-
17 ney General that emergent circumstances require additional
18 funding for such disability and education payments, the At-
19 torney General may transfer such amounts to ‘‘Public Safe-
20 ty Officer Benefits’’ from available appropriations for the
21 Department of Justice as may be necessary to respond to
22 such circumstances: Provided further, That any transfer
23 pursuant to the preceding proviso shall be treated as a re-
24 programming under section 505 of this Act and shall not
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1 be available for obligation or expenditure except in compli-
2 ance with the procedures set forth in that section.
3 COMMUNITY ORIENTED POLICING SERVICES
4 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
5 (INCLUDING TRANSFER OF FUNDS)
6 For activities authorized by the Violent Crime Control
7 and Law Enforcement Act of 1994 (Public Law 103–322);
8 the Omnibus Crime Control and Safe Streets Act of 1968
9 (‘‘the 1968 Act’’); the Violence Against Women and Depart-
10 ment of Justice Reauthorization Act of 2005 (Public Law
11 109–162) (‘‘the 2005 Act’’); the American Law Enforcement
12 Heroes Act of 2017 (Public Law 115–37); the Law Enforce-
13 ment Mental Health and Wellness Act (Public Law 115–
14 113) (‘‘the LEMHW Act’’); the SUPPORT for Patients and
15 Communities Act (Public Law 115–271); and the Sup-
16 porting and Treating Officers In Crisis Act of 2019 (Public
17 Law 116–32) (‘‘the STOIC Act’’), $511,744,000, to remain
18 available until expended: Provided, That any balances
19 made available through prior year deobligations shall only
20 be available in accordance with section 505 of this Act: Pro-
21 vided further, That of the amount provided under this head-
22 ing—
23 (1) $246,000,000 is for grants under section
24 1701 of title I of the 1968 Act (34 U.S.C. 10381) for
25 the hiring and rehiring of additional career law en-
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1 forcement officers under part Q of such title notwith-
2 standing subsection (I) of such section: Provided,
3 That, notwithstanding section 1704(c) of such title
4 (34 U.S.C. 10384(c)), funding for hiring or rehiring
5 a career law enforcement officer may not exceed
6 $125,000 unless the Director of the Office of Commu-
7 nity Oriented Policing Services grants a waiver from
8 this limitation: Provided further, That of the amounts
9 appropriated under this paragraph, $31,500,000 is
10 for improving Tribal law enforcement, including hir-
11 ing, equipment, training, anti-methamphetamine ac-
12 tivities, and anti-opioid activities: Provided further,
13 That of the amounts appropriated under this para-
14 graph $42,000,000 is for regional information sharing
15 activities, as authorized by part M of title I of the
16 1968 Act, which shall be transferred to and merged
17 with ‘‘Research, Evaluation, and Statistics’’ for ad-
18 ministration by the Office of Justice Programs: Pro-
19 vided further, That of the amounts appropriated
20 under this paragraph, no less than $3,000,000 is to
21 support the Tribal Access Program: Provided further,
22 That of the amounts appropriated under this para-
23 graph, $8,000,000 is for training, peer mentoring,
24 mental health program activities, and other support
25 services as authorized under the LEMHW Act and the
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1 STOIC Act: Provided further, That of the amounts
2 appropriated under this paragraph, $5,000,000 is for
3 the collaborative reform model of technical assistance
4 in furtherance of section 1701 of title I of the 1968
5 Act (34 U.S.C. 10381);
6 (2) $11,000,000 is for activities authorized by
7 the POLICE Act of 2016 (Public Law 114–199);
8 (3) $15,000,000 is for competitive grants to State
9 law enforcement agencies in States with high seizures
10 of precursor chemicals, finished methamphetamine,
11 laboratories, and laboratory dump seizures: Provided,
12 That funds appropriated under this paragraph shall
13 be utilized for investigative purposes to locate or in-
14 vestigate illicit activities, including precursor diver-
15 sion, laboratories, or methamphetamine traffickers;
16 (4) $35,000,000 is for competitive grants to
17 statewide law enforcement agencies in States with
18 high rates of primary treatment admissions for her-
19 oin and other opioids: Provided, That these funds
20 shall be utilized for investigative purposes to locate or
21 investigate illicit activities, including activities re-
22 lated to the distribution of heroin or unlawful dis-
23 tribution of prescription opioids, or unlawful heroin
24 and prescription opioid traffickers through statewide
25 collaboration;
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1 (5) $53,000,000 is for competitive grants to be
2 administered by the Community Oriented Policing
3 Services Office for purposes authorized under the
4 STOP School Violence Act (title V of division S of
5 Public Law 115–141);
6 (6) $40,000,000 is for community policing devel-
7 opment activities in furtherance of section 1701 of
8 title I of the 1968 Act (34 U.S.C. 10381); and
9 (7) $111,744,000 is for a law enforcement tech-
10 nologies and interoperable communications program,
11 and related law enforcement and public safety equip-
12 ment, which shall be used for the projects, and in the
13 amounts, specified under the heading, ‘‘Community
14 Oriented Policing Services, Technology and Equip-
15 ment Community Projects/ COPS Law Enforcement
16 Technology and Equipment’’, in the explanatory
17 statement described in section 4 (in the matter pre-
18 ceding division A of this consolidated Act): Provided,
19 That such amounts may not be transferred for any
20 other purpose: Provided further, That grants funded
21 by such amounts shall not be subject to section 1703
22 of title I of the 1968 Act (34 U.S.C. 10383).
•HR 2471 EAH
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1 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
2 (INCLUDING TRANSFER OF FUNDS)
3 SEC. 201. In addition to amounts otherwise made
4 available in this title for official reception and representa-
5 tion expenses, a total of not to exceed $50,000 from funds
6 appropriated to the Department of Justice in this title shall
7 be available to the Attorney General for official reception
8 and representation expenses.
9 SEC. 202. None of the funds appropriated by this title
10 shall be available to pay for an abortion, except where the
11 life of the mother would be endangered if the fetus were car-
12 ried to term, or in the case of rape or incest: Provided, That
13 should this prohibition be declared unconstitutional by a
14 court of competent jurisdiction, this section shall be null
15 and void.
16 SEC. 203. None of the funds appropriated under this
17 title shall be used to require any person to perform, or fa-
18 cilitate in any way the performance of, any abortion.
19 SEC. 204. Nothing in the preceding section shall re-
20 move the obligation of the Director of the Bureau of Prisons
21 to provide escort services necessary for a female inmate to
22 receive such service outside the Federal facility: Provided,
23 That nothing in this section in any way diminishes the
24 effect of section 203 intended to address the philosophical
25 beliefs of individual employees of the Bureau of Prisons.
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1 SEC. 205. Not to exceed 5 percent of any appropriation
2 made available for the current fiscal year for the Depart-
3 ment of Justice in this Act may be transferred between such
4 appropriations, but no such appropriation, except as other-
5 wise specifically provided, shall be increased by more than
6 10 percent by any such transfers: Provided, That any trans-
7 fer pursuant to this section shall be treated as a reprogram-
8 ming of funds under section 505 of this Act and shall not
9 be available for obligation except in compliance with the
10 procedures set forth in that section: Provided further, That
11 this section shall not apply to the following—
12 (1) paragraph 1(Q) under the heading ‘‘State
13 and Local Law Enforcement Assistance’’; and
14 (2) paragraph (7) under the heading ‘‘Commu-
15 nity Oriented Policing Services Programs’’.
16 SEC. 206. None of the funds made available under this
17 title may be used by the Federal Bureau of Prisons or the
18 United States Marshals Service for the purpose of trans-
19 porting an individual who is a prisoner pursuant to convic-
20 tion for crime under State or Federal law and is classified
21 as a maximum or high security prisoner, other than to a
22 prison or other facility certified by the Federal Bureau of
23 Prisons as appropriately secure for housing such a prisoner.
24 SEC. 207. (a) None of the funds appropriated by this
25 Act may be used by Federal prisons to purchase cable tele-
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1 vision services, or to rent or purchase audiovisual or elec-
2 tronic media or equipment used primarily for recreational
3 purposes.
4 (b) Subsection (a) does not preclude the rental, mainte-
5 nance, or purchase of audiovisual or electronic media or
6 equipment for inmate training, religious, or educational
7 programs.
8 SEC. 208. None of the funds made available under this
9 title shall be obligated or expended for any new or enhanced
10 information technology program having total estimated de-
11 velopment costs in excess of $100,000,000, unless the Deputy
12 Attorney General and the investment review board certify
13 to the Committees on Appropriations of the House of Rep-
14 resentatives and the Senate that the information technology
15 program has appropriate program management controls
16 and contractor oversight mechanisms in place, and that the
17 program is compatible with the enterprise architecture of
18 the Department of Justice.
19 SEC. 209. The notification thresholds and procedures
20 set forth in section 505 of this Act shall apply to deviations
21 from the amounts designated for specific activities in this
22 Act and in the explanatory statement described in section
23 4 (in the matter preceding division A of this consolidated
24 Act), and to any use of deobligated balances of funds pro-
25 vided under this title in previous years.
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1 SEC. 210. None of the funds appropriated by this Act
2 may be used to plan for, begin, continue, finish, process,
3 or approve a public-private competition under the Office
4 of Management and Budget Circular A–76 or any successor
5 administrative regulation, directive, or policy for work per-
6 formed by employees of the Bureau of Prisons or of Federal
7 Prison Industries, Incorporated.
8 SEC. 211. Notwithstanding any other provision of law,
9 no funds shall be available for the salary, benefits, or ex-
10 penses of any United States Attorney assigned dual or addi-
11 tional responsibilities by the Attorney General or his des-
12 ignee that exempt that United States Attorney from the
13 residency requirements of section 545 of title 28, United
14 States Code.
15 SEC. 212. At the discretion of the Attorney General,
16 and in addition to any amounts that otherwise may be
17 available (or authorized to be made available) by law, with
18 respect to funds appropriated by this title under the head-
19 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and
20 Local Law Enforcement Assistance’’, and ‘‘Juvenile Justice
21 Programs’’—
22 (1) up to 2 percent of funds made available to
23 the Office of Justice Programs for grant or reimburse-
24 ment programs may be used by such Office to provide
25 training and technical assistance; and
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1 (2) up to 2 percent of funds made available for
2 grant or reimbursement programs under such head-
3 ings, except for amounts appropriated specifically for
4 research, evaluation, or statistical programs adminis-
5 tered by the National Institute of Justice and the Bu-
6 reau of Justice Statistics, shall be transferred to and
7 merged with funds provided to the National Institute
8 of Justice and the Bureau of Justice Statistics, to be
9 used by them for research, evaluation, or statistical
10 purposes, without regard to the authorizations for
11 such grant or reimbursement programs.
12 This section shall not apply to paragraph 1(Q) under
13 the heading ‘‘State and Local Law Enforcement Assist-
14 ance’’.
15 SEC. 213. Upon request by a grantee for whom the At-
16 torney General has determined there is a fiscal hardship,
17 the Attorney General may, with respect to funds appro-
18 priated in this or any other Act making appropriations for
19 fiscal years 2019 through 2022 for the following programs,
20 waive the following requirements:
21 (1) For the adult and juvenile offender State and
22 local reentry demonstration projects under part FF of
23 title I of the Omnibus Crime Control and Safe Streets
24 Act of 1968 (34 U.S.C. 10631 et seq.), the require-
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1 ments under section 2976(g)(1) of such part (34
2 U.S.C. 10631(g)(1)).
3 (2) For grants to protect inmates and safeguard
4 communities as authorized by section 6 of the Prison
5 Rape Elimination Act of 2003 (34 U.S.C.
6 30305(c)(3)), the requirements of section 6(c)(3) of
7 such Act.
8 SEC. 214. Notwithstanding any other provision of law,
9 section 20109(a) of subtitle A of title II of the Violent Crime
10 Control and Law Enforcement Act of 1994 (34 U.S.C.
11 12109(a)) shall not apply to amounts made available by
12 this or any other Act.
13 SEC. 215. None of the funds made available under this
14 Act, other than for the national instant criminal back-
15 ground check system established under section 103 of the
16 Brady Handgun Violence Prevention Act (34 U.S.C.
17 40901), may be used by a Federal law enforcement officer
18 to facilitate the transfer of an operable firearm to an indi-
19 vidual if the Federal law enforcement officer knows or sus-
20 pects that the individual is an agent of a drug cartel, unless
21 law enforcement personnel of the United States continu-
22 ously monitor or control the firearm at all times.
23 SEC. 216. (a) None of the income retained in the De-
24 partment of Justice Working Capital Fund pursuant to
25 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C.
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1 527 note) shall be available for obligation during fiscal year
2 2022, except up to $12,000,000 may be obligated for imple-
3 mentation of a unified Department of Justice financial
4 management system.
5 (b) Not to exceed $30,000,000 of the unobligated bal-
6 ances transferred to the capital account of the Department
7 of Justice Working Capital Fund pursuant to title I of Pub-
8 lic Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall
9 be available for obligation in fiscal year 2022, and any use,
10 obligation, transfer, or allocation of such funds shall be
11 treated as a reprogramming of funds under section 505 of
12 this Act.
13 (c) Not to exceed $10,000,000 of the excess unobligated
14 balances available under section 524(c)(8)(E) of title 28,
15 United States Code, shall be available for obligation during
16 fiscal year 2022, and any use, obligation, transfer or alloca-
17 tion of such funds shall be treated as a reprogramming of
18 funds under section 505 of this Act.
19 SEC. 217. Discretionary funds that are made available
20 in this Act for the Office of Justice Programs may be used
21 to participate in Performance Partnership Pilots author-
22 ized under such authorities as have been enacted for Per-
23 formance Partnership Pilots in appropriations acts in
24 prior fiscal years and the current fiscal year.
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1 SEC. 218. The Attorney General shall submit to the
2 Committees on Appropriations of the House of Representa-
3 tives and the Senate quarterly reports on the Crime Victims
4 Fund, the Working Capital Fund, the Three Percent Fund,
5 and the Asset Forfeiture Fund. Such quarterly reports shall
6 contain at least the same level of information and detail
7 for each Fund as was provided to the Committees on Appro-
8 priations of the House of Representatives and the Senate
9 in fiscal year 2021.
10 This title may be cited as the ‘‘Department of Justice
11 Appropriations Act, 2022’’.
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1 TITLE III
2 SCIENCE
3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY
4 For necessary expenses of the Office of Science and
5 Technology Policy, in carrying out the purposes of the Na-
6 tional Science and Technology Policy, Organization, and
7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of pas-
8 senger motor vehicles, and services as authorized by section
9 3109 of title 5, United States Code, not to exceed $2,250
10 for official reception and representation expenses, and rent-
11 al of conference rooms in the District of Columbia,
12 $6,652,000.
13 NATIONAL SPACE COUNCIL
14 For necessary expenses of the National Space Council,
15 in carrying out the purposes of title V of Public Law 100–
16 685 and Executive Order No. 13803, hire of passenger
17 motor vehicles, and services as authorized by section 3109
18 of title 5, United States Code, not to exceed $2,250 for offi-
19 cial reception and representation expenses, $1,965,000: Pro-
20 vided, That notwithstanding any other provision of law, the
21 National Space Council may accept personnel support from
22 Federal agencies, departments, and offices, and such Fed-
23 eral agencies, departments, and offices may detail staff
24 without reimbursement to the National Space Council for
25 purposes provided herein.
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1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2 SCIENCE
3 For necessary expenses, not otherwise provided for, in
4 the conduct and support of science research and develop-
5 ment activities, including research, development, oper-
6 ations, support, and services; maintenance and repair, fa-
7 cility planning and design; space flight, spacecraft control,
8 and communications activities; program management; per-
9 sonnel and related costs, including uniforms or allowances
10 therefor, as authorized by sections 5901 and 5902 of title
11 5, United States Code; travel expenses; purchase and hire
12 of passenger motor vehicles; and purchase, lease, charter,
13 maintenance, and operation of mission and administrative
14 aircraft, $7,614,400,000, to remain available until Sep-
15 tember 30, 2023.
16 AERONAUTICS
17 For necessary expenses, not otherwise provided for, in
18 the conduct and support of aeronautics research and devel-
19 opment activities, including research, development, oper-
20 ations, support, and services; maintenance and repair, fa-
21 cility planning and design; space flight, spacecraft control,
22 and communications activities; program management; per-
23 sonnel and related costs, including uniforms or allowances
24 therefor, as authorized by sections 5901 and 5902 of title
25 5, United States Code; travel expenses; purchase and hire
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1 of passenger motor vehicles; and purchase, lease, charter,
2 maintenance, and operation of mission and administrative
3 aircraft, $880,700,000, to remain available until September
4 30, 2023.
5 SPACE TECHNOLOGY
6 For necessary expenses, not otherwise provided for, in
7 the conduct and support of space technology research and
8 development activities, including research, development, op-
9 erations, support, and services; maintenance and repair, fa-
10 cility planning and design; space flight, spacecraft control,
11 and communications activities; program management; per-
12 sonnel and related costs, including uniforms or allowances
13 therefor, as authorized by sections 5901 and 5902 of title
14 5, United States Code; travel expenses; purchase and hire
15 of passenger motor vehicles; and purchase, lease, charter,
16 maintenance, and operation of mission and administrative
17 aircraft, $1,100,000,000, to remain available until Sep-
18 tember 30, 2023: Provided, That $227,000,000 shall be for
19 RESTORE–L/SPace Infrastructure DExterous Robot: Pro-
20 vided further, That $110,000,000 shall be for the develop-
21 ment, production, and demonstration of a nuclear thermal
22 propulsion system, of which $80,000,000 shall be for the de-
23 sign of a flight demonstration system: Provided further,
24 That, not later than 180 days after the enactment of this
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1 Act, the National Aeronautics and Space Administration
2 shall provide a plan for the design of a flight demonstration.
3 EXPLORATION
4 For necessary expenses, not otherwise provided for, in
5 the conduct and support of exploration research and devel-
6 opment activities, including research, development, oper-
7 ations, support, and services; maintenance and repair, fa-
8 cility planning and design; space flight, spacecraft control,
9 and communications activities; program management; per-
10 sonnel and related costs, including uniforms or allowances
11 therefor, as authorized by sections 5901 and 5902 of title
12 5, United States Code; travel expenses; purchase and hire
13 of passenger motor vehicles; and purchase, lease, charter,
14 maintenance, and operation of mission and administrative
15 aircraft, $6,791,700,000, to remain available until Sep-
16 tember 30, 2023: Provided, That not less than
17 $1,406,700,000 shall be for the Orion Multi-Purpose Crew
18 Vehicle: Provided further, That not less than $2,600,000,000
19 shall be for the Space Launch System (SLS) launch vehicle,
20 which shall have a lift capability not less than 130 metric
21 tons and which shall have core elements and an Exploration
22 Upper Stage developed simultaneously to be used to the
23 maximum extent practicable, including for Earth to Moon
24 missions and Moon landings: Provided further, That of the
25 amounts provided for SLS, not less than $600,000,000 shall
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1 be for SLS Block 1B development including the Exploration
2 Upper Stage and associated systems including related
3 facilitization, to support an SLS Block 1B mission avail-
4 able to launch in 2025 in addition to the planned Block
5 1 missions for Artemis I through Artemis III: Provided fur-
6 ther, That $590,000,000 shall be for Exploration Ground
7 Systems and associated Block 1B activities, including up
8 to $165,300,000 for a second mobile launch platform: Pro-
9 vided further, That the National Aeronautics and Space
10 Administration shall provide to the Committees on Appro-
11 priations of the House of Representatives and the Senate,
12 concurrent with the annual budget submission, a 5-year
13 budget profile for an integrated system that includes the
14 SLS, the Orion Multi-Purpose Crew Vehicle, and associated
15 ground systems that will ensure a crewed launch as early
16 as possible, as well as a system-based funding profile for
17 a sustained launch cadence that contemplates the use of an
18 SLS Block 1B cargo variant with an 8.4 meter fairing and
19 associated ground systems: Provided further, That
20 $2,195,000,000 shall be for exploration research and devel-
21 opment: Provided further, That acquisition of human-rated
22 deep space exploration lunar and cislunar transportation
23 and habitation capabilities, human-rated lunar terrain mo-
24 bility capabilities, exploration mission rated suits, lunar
25 communications and navigation capabilities, and their as-
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1 sociated components, may be funded incrementally in fiscal
2 year 2022 and thereafter.
3 SPACE OPERATIONS
4 For necessary expenses, not otherwise provided for, in
5 the conduct and support of space operations research and
6 development activities, including research, development, op-
7 erations, support and services; space flight, spacecraft con-
8 trol, and communications activities, including operations,
9 production, and services; maintenance and repair, facility
10 planning and design; program management; personnel and
11 related costs, including uniforms or allowances therefor, as
12 authorized by sections 5901 and 5902 of title 5, United
13 States Code; travel expenses; purchase and hire of passenger
14 motor vehicles; and purchase, lease, charter, maintenance,
15 and operation of mission and administrative aircraft,
16 $4,041,300,000, to remain available until September 30,
17 2023.
18 SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
19 ENGAGEMENT
20 For necessary expenses, not otherwise provided for, in
21 the conduct and support of aerospace and aeronautical edu-
22 cation research and development activities, including re-
23 search, development, operations, support, and services; pro-
24 gram management; personnel and related costs, including
25 uniforms or allowances therefor, as authorized by sections
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1 5901 and 5902 of title 5, United States Code; travel ex-
2 penses; purchase and hire of passenger motor vehicles; and
3 purchase, lease, charter, maintenance, and operation of
4 mission and administrative aircraft, $137,000,000, to re-
5 main available until September 30, 2023, of which
6 $26,000,000 shall be for the Established Program to Stimu-
7 late Competitive Research and $54,500,000 shall be for the
8 National Space Grant College and Fellowship Program.
9 SAFETY, SECURITY AND MISSION SERVICES
10 For necessary expenses, not otherwise provided for, in
11 the conduct and support of science, aeronautics, space tech-
12 nology, exploration, space operations and education re-
13 search and development activities, including research, devel-
14 opment, operations, support, and services; maintenance and
15 repair, facility planning and design; space flight, spacecraft
16 control, and communications activities; program manage-
17 ment; personnel and related costs, including uniforms or
18 allowances therefor, as authorized by sections 5901 and
19 5902 of title 5, United States Code; travel expenses; pur-
20 chase and hire of passenger motor vehicles; not to exceed
21 $63,000 for official reception and representation expenses;
22 and purchase, lease, charter, maintenance, and operation
23 of mission and administrative aircraft, $3,020,600,000, to
24 remain available until September 30, 2023: Provided, That
25 if available balances in the ‘‘Science, Space, and Technology
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1 Education Trust Fund’’ are not sufficient to provide for
2 the grant disbursements required under the third and fourth
3 provisos under such heading in the Department of Housing
4 and Urban Development-Independent Agencies Appropria-
5 tions Act, 1989 (Public Law 100–404) as amended by the
6 Departments of Veterans Affairs and Housing and Urban
7 Development, and Independent Agencies Appropriations
8 Act, 1995 (Public Law 103–327) up to $1,000,000 shall be
9 available from amounts made available under this heading
10 to make such grant disbursements: Provided further, That
11 of the amounts appropriated under this heading,
12 $22,655,000 shall be used for the projects, and in the
13 amounts, specified in the table under the heading ‘‘NASA
14 Community Projects/NASA Special Projects’’ in the explan-
15 atory statement described in section 4 (in the matter pre-
16 ceding division A of this consolidated Act): Provided fur-
17 ther, That the amounts made available for the projects ref-
18 erenced in the preceding proviso may not be transferred for
19 any other purpose.
20 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND
21 RESTORATION
22 For necessary expenses for construction of facilities in-
23 cluding repair, rehabilitation, revitalization, and modifica-
24 tion of facilities, construction of new facilities and addi-
25 tions to existing facilities, facility planning and design,
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1 and restoration, and acquisition or condemnation of real
2 property, as authorized by law, and environmental compli-
3 ance and restoration, $410,300,000, to remain available
4 until September 30, 2027, of which $55,000,000 shall be
5 available only for costs related to the replacement of Na-
6 tional Aeronautics and Space Administration facilities that
7 were subject to an emergency closure for life and safety
8 issues in fiscal year 2020: Provided, That proceeds from
9 leases deposited into this account shall be available for a
10 period of 5 years to the extent and in amounts as provided
11 in annual appropriations Acts: Provided further, That such
12 proceeds referred to in the preceding proviso shall be avail-
13 able for obligation for fiscal year 2022 in an amount not
14 to exceed $20,000,000: Provided further, That each annual
15 budget request shall include an annual estimate of gross re-
16 ceipts and collections and proposed use of all funds collected
17 pursuant to section 20145 of title 51, United States Code.
18 OFFICE OF INSPECTOR GENERAL
19 For necessary expenses of the Office of Inspector Gen-
20 eral in carrying out the Inspector General Act of 1978,
21 $45,300,000, of which $500,000 shall remain available until
22 September 30, 2023.
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1 ADMINISTRATIVE PROVISIONS
2 (INCLUDING TRANSFERS OF FUNDS)
3 Funds for any announced prize otherwise authorized
4 shall remain available, without fiscal year limitation, until
5 a prize is claimed or the offer is withdrawn.
6 Not to exceed 5 percent of any appropriation made
7 available for the current fiscal year for the National Aero-
8 nautics and Space Administration in this Act may be
9 transferred between such appropriations, but no such ap-
10 propriation, except as otherwise specifically provided, shall
11 be increased by more than 10 percent by any such transfers.
12 Any funds transferred to ‘‘Construction and Environmental
13 Compliance and Restoration’’ for construction activities
14 shall not increase that account by more than 20 percent
15 and any funds transferred to or within ‘‘Exploration’’ for
16 Exploration Ground Systems shall not increase Explo-
17 ration Ground Systems by more than $100,000,000. Bal-
18 ances so transferred shall be merged with and available for
19 the same purposes and the same time period as the appro-
20 priations to which transferred. Any transfer pursuant to
21 this provision shall be treated as a reprogramming of funds
22 under section 505 of this Act and shall not be available for
23 obligation except in compliance with the procedures set
24 forth in that section.
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1 Not to exceed 5 percent of any appropriation provided
2 for the National Aeronautics and Space Administration
3 under previous appropriations Acts that remains available
4 for obligation or expenditure in fiscal year 2022 may be
5 transferred between such appropriations, but no such ap-
6 propriation, except as otherwise specifically provided, shall
7 be increased by more than 10 percent by any such transfers.
8 Any transfer pursuant to this provision shall retain its
9 original availability and shall be treated as a reprogram-
10 ming of funds under section 505 of this Act and shall not
11 be available for obligation except in compliance with the
12 procedures set forth in that section.
13 The spending plan required by this Act shall be pro-
14 vided by the National Aeronautics and Space Administra-
15 tion at the theme, program, project, and activity level. The
16 spending plan, as well as any subsequent change of an
17 amount established in that spending plan that meets the
18 notification requirements of section 505 of this Act, shall
19 be treated as a reprogramming under section 505 of this
20 Act and shall not be available for obligation or expenditure
21 except in compliance with the procedures set forth in that
22 section.
23 Not more than 20 percent or $50,000,000, whichever
24 is less, of the amounts made available in the current-year
25 Construction and Environmental Compliance and Restora-
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1 tion (CECR) appropriation may be applied to CECR
2 projects funded under previous years’ CECR appropria-
3 tions. Use of current-year funds under this provision shall
4 be treated as a reprogramming of funds under section 505
5 of this act and shall not be available for obligation except
6 in compliance with the procedures set forth in that section.
7 Of the amounts made available in this Act under the
8 heading ‘‘Science, Technology, Engineering, and Mathe-
9 matics Engagement’’ (‘‘STEM Engagement’’), up to
10 $5,000,000 shall be available to jointly fund, with an addi-
11 tional amount of up to $1,000,000 each from amounts made
12 available in this Act under the headings ‘‘Science’’, ‘‘Aero-
13 nautics’’, ‘‘Space Technology’’, ‘‘Exploration’’, and ‘‘Space
14 Operations’’, projects and activities for engaging students
15 in STEM and increasing STEM research capacities of uni-
16 versities, including Minority Serving Institutions.
17 NATIONAL SCIENCE FOUNDATION
18 RESEARCH AND RELATED ACTIVITIES
19 For necessary expenses in carrying out the National
20 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.),
21 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services
22 as authorized by section 3109 of title 5, United States Code;
23 maintenance and operation of aircraft and purchase of
24 flight services for research support; acquisition of aircraft;
25 and authorized travel; $7,159,400,000, to remain available
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1 until September 30, 2023, of which not to exceed
2 $544,000,000 shall remain available until expended for
3 polar research and operations support, and for reimburse-
4 ment to other Federal agencies for operational and science
5 support and logistical and other related activities for the
6 United States Antarctic program: Provided, That receipts
7 for scientific support services and materials furnished by
8 the National Research Centers and other National Science
9 Foundation supported research facilities may be credited to
10 this appropriation.
11 MAJOR RESEARCH EQUIPMENT AND FACILITIES
12 CONSTRUCTION
13 For necessary expenses for the acquisition, construc-
14 tion, commissioning, and upgrading of major research
15 equipment, facilities, and other such capital assets pursuant
16 to the National Science Foundation Act of 1950 (42 U.S.C.
17 1861 et seq.), including authorized travel, $249,000,000, to
18 remain available until expended.
19 EDUCATION AND HUMAN RESOURCES
20 For necessary expenses in carrying out science, mathe-
21 matics, and engineering education and human resources
22 programs and activities pursuant to the National Science
23 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including
24 services as authorized by section 3109 of title 5, United
25 States Code, authorized travel, and rental of conference
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1 rooms in the District of Columbia, $1,006,000,000, to re-
2 main available until September 30, 2023.
3 AGENCY OPERATIONS AND AWARD MANAGEMENT
4 For agency operations and award management nec-
5 essary in carrying out the National Science Foundation Act
6 of 1950 (42 U.S.C. 1861 et seq.); services authorized by sec-
7 tion 3109 of title 5, United States Code; hire of passenger
8 motor vehicles; uniforms or allowances therefor, as author-
9 ized by sections 5901 and 5902 of title 5, United States
10 Code; rental of conference rooms in the District of Colum-
11 bia; and reimbursement of the Department of Homeland Se-
12 curity for security guard services; $400,000,000: Provided,
13 That not to exceed $8,280 is for official reception and rep-
14 resentation expenses: Provided further, That contracts may
15 be entered into under this heading in fiscal year 2022 for
16 maintenance and operation of facilities and for other serv-
17 ices to be provided during the next fiscal year.
18 OFFICE OF THE NATIONAL SCIENCE BOARD
19 For necessary expenses (including payment of salaries,
20 authorized travel, hire of passenger motor vehicles, the rent-
21 al of conference rooms in the District of Columbia, and the
22 employment of experts and consultants under section 3109
23 of title 5, United States Code) involved in carrying out sec-
24 tion 4 of the National Science Foundation Act of 1950 (42
25 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et
•HR 2471 EAH
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1 seq.), $4,600,000: Provided, That not to exceed $2,500 shall
2 be available for official reception and representation ex-
3 penses.
4 OFFICE OF INSPECTOR GENERAL
5 For necessary expenses of the Office of Inspector Gen-
6 eral as authorized by the Inspector General Act of 1978,
7 $19,000,000, of which $400,000 shall remain available until
8 September 30, 2023.
9 ADMINISTRATIVE PROVISIONS
10 (INCLUDING TRANSFERS OF FUNDS)
11 Not to exceed 5 percent of any appropriation made
12 available for the current fiscal year for the National Science
13 Foundation in this Act may be transferred between such
14 appropriations, but no such appropriation shall be in-
15 creased by more than 10 percent by any such transfers. Any
16 transfer pursuant to this paragraph shall be treated as a
17 reprogramming of funds under section 505 of this Act and
18 shall not be available for obligation except in compliance
19 with the procedures set forth in that section.
20 Of the amounts provided for ‘‘Research and Related
21 Activities’’, up to $148,000,000 may be transferred to ‘‘Edu-
22 cation and Human Resources’’ consistent with direction
23 provided in the explanatory statement described in section
24 4 (in the matter preceding division A of this consolidated
25 Act). The authority provided by this paragraph is in addi-
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1 tion to the authority provided by the first paragraph under
2 this heading.
3 The Director of the National Science Foundation
4 (NSF) shall notify the Committees on Appropriations of the
5 House of Representatives and the Senate at least 30 days
6 in advance of any planned divestment through transfer, de-
7 commissioning, termination, or deconstruction of any NSF-
8 owned facilities or any NSF capital assets (including land,
9 structures, and equipment) valued greater than $2,500,000.
10 This title may be cited as the ‘‘Science Appropriations
11 Act, 2022’’.
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1 TITLE IV
2 RELATED AGENCIES
3 COMMISSION ON CIVIL RIGHTS
4 SALARIES AND EXPENSES
5 For necessary expenses of the Commission on Civil
6 Rights, including hire of passenger motor vehicles,
7 $13,000,000: Provided, That none of the funds appropriated
8 in this paragraph may be used to employ any individuals
9 under Schedule C of subpart C of part 213 of title 5 of
10 the Code of Federal Regulations exclusive of one special as-
11 sistant for each Commissioner: Provided further, That none
12 of the funds appropriated in this paragraph shall be used
13 to reimburse Commissioners for more than 75 billable days,
14 with the exception of the chairperson, who is permitted 125
15 billable days: Provided further, That the Chair may accept
16 and use any gift or donation to carry out the work of the
17 Commission: Provided further, That none of the funds ap-
18 propriated in this paragraph shall be used for any activity
19 or expense that is not explicitly authorized by section 3 of
20 the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a):
21 Provided further, That notwithstanding the preceding pro-
22 viso, $1,000,000 shall be used to separately fund the Com-
23 mission on the Social Status of Black Men and Boys.
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1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Equal Employment Op-
4 portunity Commission as authorized by title VII of the
5 Civil Rights Act of 1964, the Age Discrimination in Em-
6 ployment Act of 1967, the Equal Pay Act of 1963, the Amer-
7 icans with Disabilities Act of 1990, section 501 of the Reha-
8 bilitation Act of 1973, the Civil Rights Act of 1991, the
9 Genetic Information Nondiscrimination Act (GINA) of
10 2008 (Public Law 110–233), the ADA Amendments Act of
11 2008 (Public Law 110–325), and the Lilly Ledbetter Fair
12 Pay Act of 2009 (Public Law 111–2), including services
13 as authorized by section 3109 of title 5, United States Code;
14 hire of passenger motor vehicles as authorized by section
15 1343(b) of title 31, United States Code; nonmonetary
16 awards to private citizens; and up to $31,500,000 for pay-
17 ments to State and local enforcement agencies for author-
18 ized services to the Commission, $420,000,000: Provided,
19 That the Commission is authorized to make available for
20 official reception and representation expenses not to exceed
21 $2,250 from available funds: Provided further, That the
22 Commission may take no action to implement any work-
23 force repositioning, restructuring, or reorganization until
24 such time as the Committees on Appropriations of the
25 House of Representatives and the Senate have been notified
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1 of such proposals, in accordance with the reprogramming
2 requirements of section 505 of this Act: Provided further,
3 That the Chair may accept and use any gift or donation
4 to carry out the work of the Commission.
5 INTERNATIONAL TRADE COMMISSION
6 SALARIES AND EXPENSES
7 For necessary expenses of the International Trade
8 Commission, including hire of passenger motor vehicles and
9 services as authorized by section 3109 of title 5, United
10 States Code, and not to exceed $2,250 for official reception
11 and representation expenses, $110,000,000, to remain avail-
12 able until expended.
13 LEGAL SERVICES CORPORATION
14 PAYMENT TO THE LEGAL SERVICES CORPORATION
15 For payment to the Legal Services Corporation to
16 carry out the purposes of the Legal Services Corporation
17 Act of 1974, $489,000,000, of which $448,750,000 is for
18 basic field programs and required independent audits;
19 $5,500,000 is for the Office of Inspector General, of which
20 such amounts as may be necessary may be used to conduct
21 additional audits of recipients; $23,500,000 is for manage-
22 ment and grants oversight; $4,500,000 is for client self-help
23 and information technology; $4,750,000 is for a Pro Bono
24 Innovation Fund; and $2,000,000 is for loan repayment as-
25 sistance: Provided, That the Legal Services Corporation
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1 may continue to provide locality pay to officers and em-
2 ployees at a rate no greater than that provided by the Fed-
3 eral Government to Washington, DC-based employees as au-
4 thorized by section 5304 of title 5, United States Code, not-
5 withstanding section 1005(d) of the Legal Services Corpora-
6 tion Act (42 U.S.C. 2996d(d)): Provided further, That the
7 authorities provided in section 205 of this Act shall be ap-
8 plicable to the Legal Services Corporation: Provided fur-
9 ther, That, for the purposes of section 505 of this Act, the
10 Legal Services Corporation shall be considered an agency
11 of the United States Government.
12 ADMINISTRATIVE PROVISION—LEGAL SERVICES
13 CORPORATION
14 None of the funds appropriated in this Act to the Legal
15 Services Corporation shall be expended for any purpose pro-
16 hibited or limited by, or contrary to any of the provisions
17 of, sections 501, 502, 503, 504, 505, and 506 of Public Law
18 105–119, and all funds appropriated in this Act to the
19 Legal Services Corporation shall be subject to the same
20 terms and conditions set forth in such sections, except that
21 all references in sections 502 and 503 to 1997 and 1998
22 shall be deemed to refer instead to 2021 and 2022, respec-
23 tively.
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1 MARINE MAMMAL COMMISSION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Marine Mammal Com-
4 mission as authorized by title II of the Marine Mammal
5 Protection Act of 1972 (16 U.S.C. 1361 et seq.), $4,200,000.
6 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
7 SALARIES AND EXPENSES
8 For necessary expenses of the Office of the United
9 States Trade Representative, including the hire of passenger
10 motor vehicles and the employment of experts and consult-
11 ants as authorized by section 3109 of title 5, United States
12 Code, $56,000,000, of which $1,000,000 shall remain avail-
13 able until expended: Provided, That of the total amount
14 made available under this heading, not to exceed $124,000
15 shall be available for official reception and representation
16 expenses.
17 TRADE ENFORCEMENT TRUST FUND
18 (INCLUDING TRANSFER OF FUNDS)
19 For activities of the United States Trade Representa-
20 tive authorized by section 611 of the Trade Facilitation and
21 Trade Enforcement Act of 2015 (19 U.S.C. 4405), including
22 transfers, $15,000,000, to be derived from the Trade En-
23 forcement Trust Fund: Provided, That any transfer pursu-
24 ant to subsection (d)(1) of such section shall be treated as
25 a reprogramming under section 505 of this Act.
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1 STATE JUSTICE INSTITUTE
2 SALARIES AND EXPENSES
3 For necessary expenses of the State Justice Institute,
4 as authorized by the State Justice Institute Act of 1984 (42
5 U.S.C. 10701 et seq.) $7,200,000, of which $500,000 shall
6 remain available until September 30, 2023: Provided, That
7 not to exceed $2,250 shall be available for official reception
8 and representation expenses: Provided further, That, for the
9 purposes of section 505 of this Act, the State Justice Insti-
10 tute shall be considered an agency of the United States Gov-
11 ernment.
12 COMMISSION ON THE STATE OF U.S. OLYMPICS AND
13 PARALYMPICS
14 SALARIES AND EXPENSES
15 For necessary expenses of the Commission on the State
16 of U.S. Olympics and Paralympics, as authorized by sec-
17 tion 11 of the Empowering Olympic, Paralympic, and
18 Amateur Athletes Act of 2020 (Public Law 116–189),
19 $2,000,000, to remain available until September 30, 2023.
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1 TITLE V
2 GENERAL PROVISIONS
3 (INCLUDING RESCISSIONS)
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 501. No part of any appropriation contained in
6 this Act shall be used for publicity or propaganda purposes
7 not authorized by the Congress.
8 SEC. 502. No part of any appropriation contained in
9 this Act shall remain available for obligation beyond the
10 current fiscal year unless expressly so provided herein.
11 SEC. 503. The expenditure of any appropriation under
12 this Act for any consulting service through procurement
13 contract, pursuant to section 3109 of title 5, United States
14 Code, shall be limited to those contracts where such expendi-
15 tures are a matter of public record and available for public
16 inspection, except where otherwise provided under existing
17 law, or under existing Executive order issued pursuant to
18 existing law.
19 SEC. 504. If any provision of this Act or the applica-
20 tion of such provision to any person or circumstances shall
21 be held invalid, the remainder of the Act and the applica-
22 tion of each provision to persons or circumstances other
23 than those as to which it is held invalid shall not be affected
24 thereby.
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1 SEC. 505. None of the funds provided under this Act,
2 or provided under previous appropriations Acts to the agen-
3 cies funded by this Act that remain available for obligation
4 or expenditure in fiscal year 2022, or provided from any
5 accounts in the Treasury of the United States derived by
6 the collection of fees available to the agencies funded by this
7 Act, shall be available for obligation or expenditure through
8 a reprogramming of funds that: (1) creates or initiates a
9 new program, project, or activity; (2) eliminates a pro-
10 gram, project, or activity; (3) increases funds or personnel
11 by any means for any project or activity for which funds
12 have been denied or restricted; (4) relocates an office or em-
13 ployees; (5) reorganizes or renames offices, programs, or ac-
14 tivities; (6) contracts out or privatizes any functions or ac-
15 tivities presently performed by Federal employees; (7) aug-
16 ments existing programs, projects, or activities in excess of
17 $500,000 or 10 percent, whichever is less, or reduces by 10
18 percent funding for any program, project, or activity, or
19 numbers of personnel by 10 percent; or (8) results from any
20 general savings, including savings from a reduction in per-
21 sonnel, which would result in a change in existing pro-
22 grams, projects, or activities as approved by Congress; un-
23 less the House and Senate Committees on Appropriations
24 are notified 15 days in advance of such reprogramming of
25 funds.
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1 SEC. 506. (a) If it has been finally determined by a
2 court or Federal agency that any person intentionally af-
3 fixed a label bearing a ‘‘Made in America’’ inscription, or
4 any inscription with the same meaning, to any product sold
5 in or shipped to the United States that is not made in the
6 United States, the person shall be ineligible to receive any
7 contract or subcontract made with funds made available in
8 this Act, pursuant to the debarment, suspension, and ineli-
9 gibility procedures described in sections 9.400 through
10 9.409 of title 48, Code of Federal Regulations.
11 (b)(1) To the extent practicable, with respect to author-
12 ized purchases of promotional items, funds made available
13 by this Act shall be used to purchase items that are manu-
14 factured, produced, or assembled in the United States, its
15 territories or possessions.
16 (2) The term ‘‘promotional items’’ has the meaning
17 given the term in OMB Circular A–87, Attachment B, Item
18 (1)(f)(3).
19 SEC. 507. (a) The Departments of Commerce and Jus-
20 tice, the National Science Foundation, and the National
21 Aeronautics and Space Administration shall provide to the
22 Committees on Appropriations of the House of Representa-
23 tives and the Senate a quarterly report on the status of bal-
24 ances of appropriations at the account level. For unobli-
25 gated, uncommitted balances and unobligated, committed
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1 balances the quarterly reports shall separately identify the
2 amounts attributable to each source year of appropriation
3 from which the balances were derived. For balances that are
4 obligated, but unexpended, the quarterly reports shall sepa-
5 rately identify amounts by the year of obligation.
6 (b) The report described in subsection (a) shall be sub-
7 mitted within 30 days of the end of each quarter.
8 (c) If a department or agency is unable to fulfill any
9 aspect of a reporting requirement described in subsection
10 (a) due to a limitation of a current accounting system, the
11 department or agency shall fulfill such aspect to the max-
12 imum extent practicable under such accounting system and
13 shall identify and describe in each quarterly report the ex-
14 tent to which such aspect is not fulfilled.
15 SEC. 508. Any costs incurred by a department or agen-
16 cy funded under this Act resulting from, or to prevent, per-
17 sonnel actions taken in response to funding reductions in-
18 cluded in this Act shall be absorbed within the total budg-
19 etary resources available to such department or agency:
20 Provided, That the authority to transfer funds between ap-
21 propriations accounts as may be necessary to carry out this
22 section is provided in addition to authorities included else-
23 where in this Act: Provided further, That use of funds to
24 carry out this section shall be treated as a reprogramming
25 of funds under section 505 of this Act and shall not be avail-
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1 able for obligation or expenditure except in compliance with
2 the procedures set forth in that section: Provided further,
3 That for the Department of Commerce, this section shall
4 also apply to actions taken for the care and protection of
5 loan collateral or grant property.
6 SEC. 509. None of the funds provided by this Act shall
7 be available to promote the sale or export of tobacco or to-
8 bacco products, or to seek the reduction or removal by any
9 foreign country of restrictions on the marketing of tobacco
10 or tobacco products, except for restrictions which are not
11 applied equally to all tobacco or tobacco products of the
12 same type.
13 SEC. 510. Notwithstanding any other provision of law,
14 amounts deposited or available in the Fund established by
15 section 1402 of chapter XIV of title II of Public Law 98–
16 473 (34 U.S.C. 20101) in any fiscal year in excess of
17 $2,600,000,000 shall not be available for obligation until
18 the following fiscal year: Provided, That notwithstanding
19 section 1402(d) of such Act, of the amounts available from
20 the Fund for obligation: (1) $10,000,000 shall be transferred
21 to the Department of Justice Office of Inspector General
22 and remain available until expended for oversight and au-
23 diting purposes associated with this section; and (2) 5 per-
24 cent shall be available to the Office for Victims of Crime
25 for grants, consistent with the requirements of the Victims
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1 of Crime Act, to Indian Tribes to improve services for vic-
2 tims of crime.
3 SEC. 511. None of the funds made available to the De-
4 partment of Justice in this Act may be used to discriminate
5 against or denigrate the religious or moral beliefs of stu-
6 dents who participate in programs for which financial as-
7 sistance is provided from those funds, or of the parents or
8 legal guardians of such students.
9 SEC. 512. None of the funds made available in this
10 Act may be transferred to any department, agency, or in-
11 strumentality of the United States Government, except pur-
12 suant to a transfer made by, or transfer authority provided
13 in, this Act or any other appropriations Act.
14 SEC. 513. (a) The Inspectors General of the Depart-
15 ment of Commerce, the Department of Justice, the National
16 Aeronautics and Space Administration, the National
17 Science Foundation, and the Legal Services Corporation
18 shall conduct audits, pursuant to the Inspector General Act
19 (5 U.S.C. App.), of grants or contracts for which funds are
20 appropriated by this Act, and shall submit reports to Con-
21 gress on the progress of such audits, which may include pre-
22 liminary findings and a description of areas of particular
23 interest, within 180 days after initiating such an audit and
24 every 180 days thereafter until any such audit is completed.
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1 (b) Within 60 days after the date on which an audit
2 described in subsection (a) by an Inspector General is com-
3 pleted, the Secretary, Attorney General, Administrator, Di-
4 rector, or President, as appropriate, shall make the results
5 of the audit available to the public on the Internet website
6 maintained by the Department, Administration, Founda-
7 tion, or Corporation, respectively. The results shall be made
8 available in redacted form to exclude—
9 (1) any matter described in section 552(b) of
10 title 5, United States Code; and
11 (2) sensitive personal information for any indi-
12 vidual, the public access to which could be used to
13 commit identity theft or for other inappropriate or
14 unlawful purposes.
15 (c) Any person awarded a grant or contract funded
16 by amounts appropriated by this Act shall submit a state-
17 ment to the Secretary of Commerce, the Attorney General,
18 the Administrator, Director, or President, as appropriate,
19 certifying that no funds derived from the grant or contract
20 will be made available through a subcontract or in any
21 other manner to another person who has a financial interest
22 in the person awarded the grant or contract.
23 (d) The provisions of the preceding subsections of this
24 section shall take effect 30 days after the date on which the
25 Director of the Office of Management and Budget, in con-
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1 sultation with the Director of the Office of Government Eth-
2 ics, determines that a uniform set of rules and requirements,
3 substantially similar to the requirements in such sub-
4 sections, consistently apply under the executive branch eth-
5 ics program to all Federal departments, agencies, and enti-
6 ties.
7 SEC. 514. (a) None of the funds appropriated or other-
8 wise made available under this Act may be used by the De-
9 partments of Commerce and Justice, the National Aero-
10 nautics and Space Administration, or the National Science
11 Foundation to acquire a high-impact or moderate-impact
12 information system, as defined for security categorization
13 in the National Institute of Standards and Technology’s
14 (NIST) Federal Information Processing Standard Publica-
15 tion 199, ‘‘Standards for Security Categorization of Federal
16 Information and Information Systems’’ unless the agency
17 has—
18 (1) reviewed the supply chain risk for the infor-
19 mation systems against criteria developed by NIST
20 and the Federal Bureau of Investigation (FBI) to in-
21 form acquisition decisions for high-impact and mod-
22 erate-impact information systems within the Federal
23 Government;
24 (2) reviewed the supply chain risk from the pre-
25 sumptive awardee against available and relevant
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1 threat information provided by the FBI and other ap-
2 propriate agencies; and
3 (3) in consultation with the FBI or other appro-
4 priate Federal entity, conducted an assessment of any
5 risk of cyber-espionage or sabotage associated with the
6 acquisition of such system, including any risk associ-
7 ated with such system being produced, manufactured,
8 or assembled by one or more entities identified by the
9 United States Government as posing a cyber threat,
10 including but not limited to, those that may be
11 owned, directed, or subsidized by the People’s Repub-
12 lic of China, the Islamic Republic of Iran, the Demo-
13 cratic People’s Republic of Korea, or the Russian Fed-
14 eration.
15 (b) None of the funds appropriated or otherwise made
16 available under this Act may be used to acquire a high-
17 impact or moderate-impact information system reviewed
18 and assessed under subsection (a) unless the head of the as-
19 sessing entity described in subsection (a) has—
20 (1) developed, in consultation with NIST, the
21 FBI, and supply chain risk management experts, a
22 mitigation strategy for any identified risks;
23 (2) determined, in consultation with NIST and
24 the FBI, that the acquisition of such system is in the
25 national interest of the United States; and
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1 (3) reported that determination to the Commit-
2 tees on Appropriations of the House of Representa-
3 tives and the Senate and the agency Inspector Gen-
4 eral.
5 SEC. 515. None of the funds made available in this
6 Act shall be used in any way whatsoever to support or jus-
7 tify the use of torture by any official or contract employee
8 of the United States Government.
9 SEC. 516. None of the funds made available in this
10 Act may be used to include in any new bilateral or multi-
11 lateral trade agreement the text of—
12 (1) paragraph 2 of article 16.7 of the United
13 States–Singapore Free Trade Agreement;
14 (2) paragraph 4 of article 17.9 of the United
15 States–Australia Free Trade Agreement; or
16 (3) paragraph 4 of article 15.9 of the United
17 States–Morocco Free Trade Agreement.
18 SEC. 517. None of the funds made available in this
19 Act may be used to authorize or issue a national security
20 letter in contravention of any of the following laws author-
21 izing the Federal Bureau of Investigation to issue national
22 security letters: The Right to Financial Privacy Act of
23 1978; The Electronic Communications Privacy Act of 1986;
24 The Fair Credit Reporting Act; The National Security Act
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1 of 1947; USA PATRIOT Act; USA FREEDOM Act of
2 2015; and the laws amended by these Acts.
3 SEC. 518. If at any time during any quarter, the pro-
4 gram manager of a project within the jurisdiction of the
5 Departments of Commerce or Justice, the National Aero-
6 nautics and Space Administration, or the National Science
7 Foundation totaling more than $75,000,000 has reasonable
8 cause to believe that the total program cost has increased
9 by 10 percent or more, the program manager shall imme-
10 diately inform the respective Secretary, Administrator, or
11 Director. The Secretary, Administrator, or Director shall
12 notify the House and Senate Committees on Appropriations
13 within 30 days in writing of such increase, and shall in-
14 clude in such notice: the date on which such determination
15 was made; a statement of the reasons for such increases;
16 the action taken and proposed to be taken to control future
17 cost growth of the project; changes made in the performance
18 or schedule milestones and the degree to which such changes
19 have contributed to the increase in total program costs or
20 procurement costs; new estimates of the total project or pro-
21 curement costs; and a statement validating that the project’s
22 management structure is adequate to control total project
23 or procurement costs.
24 SEC. 519. Funds appropriated by this Act, or made
25 available by the transfer of funds in this Act, for intelligence
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1 or intelligence related activities are deemed to be specifi-
2 cally authorized by the Congress for purposes of section 504
3 of the National Security Act of 1947 (50 U.S.C. 3094) dur-
4 ing fiscal year 2022 until the enactment of the Intelligence
5 Authorization Act for fiscal year 2022.
6 SEC. 520. None of the funds appropriated or otherwise
7 made available by this Act may be used to enter into a
8 contract in an amount greater than $5,000,000 or to award
9 a grant in excess of such amount unless the prospective con-
10 tractor or grantee certifies in writing to the agency award-
11 ing the contract or grant that, to the best of its knowledge
12 and belief, the contractor or grantee has filed all Federal
13 tax returns required during the three years preceding the
14 certification, has not been convicted of a criminal offense
15 under the Internal Revenue Code of 1986, and has not, more
16 than 90 days prior to certification, been notified of any
17 unpaid Federal tax assessment for which the liability re-
18 mains unsatisfied, unless the assessment is the subject of
19 an installment agreement or offer in compromise that has
20 been approved by the Internal Revenue Service and is not
21 in default, or the assessment is the subject of a non-frivolous
22 administrative or judicial proceeding.
23 (RESCISSIONS)
24 SEC. 521. (a) Of the unobligated balances from prior
25 year appropriations available to the Department of Com-
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1 merce, the following funds are hereby permanently re-
2 scinded, not later than September 30, 2022, from the fol-
3 lowing accounts in the specified amounts—
4 (1) ‘‘Economic Development Administration,
5 Economic Development Assistance Programs’’,
6 $15,000,000; and
7 (2) ‘‘National Oceanic and Atmospheric Admin-
8 istration, Operations, Research, and Facilities’’,
9 $10,000,000.
10 (b) Of the unobligated balances from prior year appro-
11 priations available to the Department of Justice, the fol-
12 lowing funds are hereby permanently rescinded, not later
13 than September 30, 2022, from the following accounts in
14 the specified amounts—
15 (1) ‘‘State and Local Law Enforcement Activi-
16 ties, Office on Violence Against Women, Violence
17 Against Women Prevention and Prosecution Pro-
18 grams’’, $15,000,000;
19 (2) ‘‘State and Local Law Enforcement Activi-
20 ties, Office of Justice Programs’’, $100,000,000; and
21 (3) ‘‘State and Local Law Enforcement Activi-
22 ties, Community Oriented Policing Services’’,
23 $15,000,000.
24 (c) Of the unobligated balances available to the Depart-
25 ment of Justice, the following funds are hereby permanently
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1 rescinded, not later than September 30, 2022, from the fol-
2 lowing accounts in the specified amounts—
3 (1) ‘‘Working Capital Fund’’, $234,839,000; and
4 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’,
5 $127,000,000.
6 (d) The Departments of Commerce and Justice shall
7 submit to the Committees on Appropriations of the House
8 of Representatives and the Senate a report no later than
9 September 1, 2022, specifying the amount of each rescission
10 made pursuant to subsections (a), (b), and (c).
11 (e) The amounts rescinded in subsections (a) and (b)
12 shall not be from amounts that were designated by the Con-
13 gress as an emergency or disaster relief requirement pursu-
14 ant to the concurrent resolution on the budget or the Bal-
15 anced Budget and Emergency Deficit Control Act of 1985.
16 SEC. 522. None of the funds made available in this
17 Act may be used to purchase first class or premium airline
18 travel in contravention of sections 301–10.122 through 301–
19 10.124 of title 41 of the Code of Federal Regulations.
20 SEC. 523. None of the funds made available in this
21 Act may be used to send or otherwise pay for the attendance
22 of more than 50 employees from a Federal department or
23 agency, who are stationed in the United States, at any sin-
24 gle conference occurring outside the United States unless—
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1 (1) such conference is a law enforcement training
2 or operational conference for law enforcement per-
3 sonnel and the majority of Federal employees in at-
4 tendance are law enforcement personnel stationed out-
5 side the United States; or
6 (2) such conference is a scientific conference and
7 the department or agency head determines that such
8 attendance is in the national interest and notifies the
9 Committees on Appropriations of the House of Rep-
10 resentatives and the Senate within at least 15 days
11 of that determination and the basis for that deter-
12 mination.
13 SEC. 524. The Director of the Office of Management
14 and Budget shall instruct any department, agency, or in-
15 strumentality of the United States receiving funds appro-
16 priated under this Act to track undisbursed balances in ex-
17 pired grant accounts and include in its annual performance
18 plan and performance and accountability reports the fol-
19 lowing:
20 (1) Details on future action the department,
21 agency, or instrumentality will take to resolve
22 undisbursed balances in expired grant accounts.
23 (2) The method that the department, agency, or
24 instrumentality uses to track undisbursed balances in
25 expired grant accounts.
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1 (3) Identification of undisbursed balances in ex-
2 pired grant accounts that may be returned to the
3 Treasury of the United States.
4 (4) In the preceding 3 fiscal years, details on the
5 total number of expired grant accounts with
6 undisbursed balances (on the first day of each fiscal
7 year) for the department, agency, or instrumentality
8 and the total finances that have not been obligated to
9 a specific project remaining in the accounts.
10 SEC. 525. To the extent practicable, funds made avail-
11 able in this Act should be used to purchase light bulbs that
12 are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy
13 Management Program’’ designation.
14 SEC. 526. (a) None of the funds made available by this
15 Act may be used for the National Aeronautics and Space
16 Administration (NASA), the Office of Science and Tech-
17 nology Policy (OSTP), or the National Space Council
18 (NSC) to develop, design, plan, promulgate, implement, or
19 execute a bilateral policy, program, order, or contract of
20 any kind to participate, collaborate, or coordinate bilat-
21 erally in any way with China or any Chinese-owned com-
22 pany unless such activities are specifically authorized by
23 a law enacted after the date of enactment of this Act.
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1 (b) None of the funds made available by this Act may
2 be used to effectuate the hosting of official Chinese visitors
3 at facilities belonging to or utilized by NASA.
4 (c) The limitations described in subsections (a) and
5 (b) shall not apply to activities which NASA, OSTP, or
6 NSC, after consultation with the Federal Bureau of Inves-
7 tigation, have certified—
8 (1) pose no risk of resulting in the transfer of
9 technology, data, or other information with national
10 security or economic security implications to China
11 or a Chinese-owned company; and
12 (2) will not involve knowing interactions with
13 officials who have been determined by the United
14 States to have direct involvement with violations of
15 human rights.
16 (d) Any certification made under subsection (c) shall
17 be submitted to the Committees on Appropriations of the
18 House of Representatives and the Senate, and the Federal
19 Bureau of Investigation, no later than 30 days prior to the
20 activity in question and shall include a description of the
21 purpose of the activity, its agenda, its major participants,
22 and its location and timing.
23 SEC. 527. (a) None of the funds made available in this
24 Act may be used to maintain or establish a computer net-
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1 work unless such network blocks the viewing, downloading,
2 and exchanging of pornography.
3 (b) Nothing in subsection (a) shall limit the use of
4 funds necessary for any Federal, State, Tribal, or local law
5 enforcement agency or any other entity carrying out crimi-
6 nal investigations, prosecution, adjudication, or other law
7 enforcement- or victim assistance-related activity.
8 SEC. 528. The Departments of Commerce and Justice,
9 the National Aeronautics and Space Administration, the
10 National Science Foundation, the Commission on Civil
11 Rights, the Equal Employment Opportunity Commission,
12 the International Trade Commission, the Legal Services
13 Corporation, the Marine Mammal Commission, the Offices
14 of Science and Technology Policy and the United States
15 Trade Representative, the National Space Council, and the
16 State Justice Institute shall submit spending plans, signed
17 by the respective department or agency head, to the Com-
18 mittees on Appropriations of the House of Representatives
19 and the Senate not later than 45 days after the date of en-
20 actment of this Act.
21 SEC. 529. Notwithstanding any other provision of this
22 Act, none of the funds appropriated or otherwise made
23 available by this Act may be used to pay award or incentive
24 fees for contractor performance that has been judged to be
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1 below satisfactory performance or for performance that does
2 not meet the basic requirements of a contract.
3 SEC. 530. None of the funds made available by this
4 Act may be used in contravention of section 7606 (‘‘Legit-
5 imacy of Industrial Hemp Research’’) of the Agricultural
6 Act of 2014 (Public Law 113–79) by the Department of Jus-
7 tice or the Drug Enforcement Administration.
8 SEC. 531. None of the funds made available under this
9 Act to the Department of Justice may be used, with respect
10 to any of the States of Alabama, Alaska, Arizona, Arkansas,
11 California, Colorado, Connecticut, Delaware, Florida, Geor-
12 gia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana,
13 Maine, Maryland, Massachusetts, Michigan, Minnesota,
14 Mississippi, Missouri, Montana, Nevada, New Hampshire,
15 New Jersey, New Mexico, New York, North Carolina, North
16 Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Is-
17 land, South Carolina, South Dakota, Tennessee, Texas,
18 Utah, Vermont, Virginia, Washington, West Virginia, Wis-
19 consin, and Wyoming, or with respect to the District of Co-
20 lumbia, the Commonwealth of the Northern Mariana Is-
21 lands, the United States Virgin Islands, Guam, or Puerto
22 Rico, to prevent any of them from implementing their own
23 laws that authorize the use, distribution, possession, or cul-
24 tivation of medical marijuana.
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1 SEC. 532. The Department of Commerce, the National
2 Aeronautics and Space Administration, and the National
3 Science Foundation shall provide a quarterly report to the
4 Committees on Appropriations of the House of Representa-
5 tives and the Senate on any official travel to China by any
6 employee of such Department or agency, including the pur-
7 pose of such travel.
8 SEC. 533. Of the amounts made available by this Act,
9 not less than 10 percent of each total amount provided, re-
10 spectively, for Public Works grants authorized by the Public
11 Works and Economic Development Act of 1965 and grants
12 authorized by section 27 of the Stevenson-Wydler Tech-
13 nology Innovation Act of 1980 (15 U.S.C. 3722) shall be
14 allocated for assistance in persistent poverty counties: Pro-
15 vided, That for purposes of this section, the term ‘‘persistent
16 poverty counties’’ means any county that has had 20 per-
17 cent or more of its population living in poverty over the
18 past 30 years, as measured by the 1993 Small Area Income
19 and Poverty Estimates, the 2000 decennial census, and the
20 most recent Small Area Income and Poverty Estimates, or
21 any Territory or possession of the United States.
22 SEC. 534. (a) Not later than 180 days after the date
23 of enactment of this Act, the Director of the Federal Bureau
24 of Investigation shall work with the Administrator of the
25 General Services Administration to transmit to the Com-
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1 mittees on Appropriations of the House of Representatives
2 and the Senate, the Committee on Transportation and In-
3 frastructure of the House of Representatives, and the Com-
4 mittee on Environment and Public Works of the Senate,
5 a report on the construction of a new headquarters for the
6 Federal Bureau of Investigation in the National Capital
7 Region.
8 (b) The report transmitted under subsection (a) shall
9 be consistent with the requirements of section 3307(b) of
10 title 40, United States Code, and include a summary of
11 the material provisions of the construction and full consoli-
12 dation of the Federal Bureau of Investigation in a new
13 headquarters facility, including all the costs associated with
14 site acquisition, design, management, and inspection, and
15 a description of all buildings and infrastructure needed to
16 complete the project.
17 SEC. 535. (a) Notwithstanding any other provision of
18 law or treaty, none of the funds appropriated or otherwise
19 made available under this Act or any other Act may be
20 expended or obligated by a department, agency, or instru-
21 mentality of the United States to pay administrative ex-
22 penses or to compensate an officer or employee of the United
23 States in connection with requiring an export license for
24 the export to Canada of components, parts, accessories or
25 attachments for firearms listed in Category I, section 121.1
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1 of title 22, Code of Federal Regulations (International Traf-
2 ficking in Arms Regulations (ITAR), part 121, as it existed
3 on April 1, 2005) with a total value not exceeding $500
4 wholesale in any transaction, provided that the conditions
5 of subsection (b) of this section are met by the exporting
6 party for such articles.
7 (b) The foregoing exemption from obtaining an export
8 license—
9 (1) does not exempt an exporter from filing any
10 Shipper’s Export Declaration or notification letter re-
11 quired by law, or from being otherwise eligible under
12 the laws of the United States to possess, ship, trans-
13 port, or export the articles enumerated in subsection
14 (a); and
15 (2) does not permit the export without a license
16 of—
17 (A) fully automatic firearms and compo-
18 nents and parts for such firearms, other than for
19 end use by the Federal Government, or a Provin-
20 cial or Municipal Government of Canada;
21 (B) barrels, cylinders, receivers (frames) or
22 complete breech mechanisms for any firearm list-
23 ed in Category I, other than for end use by the
24 Federal Government, or a Provincial or Munic-
25 ipal Government of Canada; or
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1 (C) articles for export from Canada to an-
2 other foreign destination.
3 (c) In accordance with this section, the District Direc-
4 tors of Customs and postmasters shall permit the permanent
5 or temporary export without a license of any unclassified
6 articles specified in subsection (a) to Canada for end use
7 in Canada or return to the United States, or temporary
8 import of Canadian-origin items from Canada for end use
9 in the United States or return to Canada for a Canadian
10 citizen.
11 (d) The President may require export licenses under
12 this section on a temporary basis if the President deter-
13 mines, upon publication first in the Federal Register, that
14 the Government of Canada has implemented or maintained
15 inadequate import controls for the articles specified in sub-
16 section (a), such that a significant diversion of such articles
17 has and continues to take place for use in international
18 terrorism or in the escalation of a conflict in another na-
19 tion. The President shall terminate the requirements of a
20 license when reasons for the temporary requirements have
21 ceased.
22 SEC. 536. Notwithstanding any other provision of law,
23 no department, agency, or instrumentality of the United
24 States receiving appropriated funds under this Act or any
25 other Act shall obligate or expend in any way such funds
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1 to pay administrative expenses or the compensation of any
2 officer or employee of the United States to deny any appli-
3 cation submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
4 qualified pursuant to 27 CFR section 478.112 or .113, for
5 a permit to import United States origin ‘‘curios or relics’’
6 firearms, parts, or ammunition.
7 SEC. 537. None of the funds made available by this
8 Act may be used to pay the salaries or expenses of personnel
9 to deny, or fail to act on, an application for the importation
10 of any model of shotgun if—
11 (1) all other requirements of law with respect to
12 the proposed importation are met; and
13 (2) no application for the importation of such
14 model of shotgun, in the same configuration, had been
15 denied by the Attorney General prior to January 1,
16 2011, on the basis that the shotgun was not particu-
17 larly suitable for or readily adaptable to sporting
18 purposes.
19 SEC. 538. None of the funds made available by this
20 Act may be obligated or expended to implement the Arms
21 Trade Treaty until the Senate approves a resolution of rati-
22 fication for the Treaty.
23 SEC. 539. None of the funds appropriated or otherwise
24 made available in this or any other Act may be used to
25 transfer, release, or assist in the transfer or release to or
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1 within the United States, its territories, or possessions
2 Khalid Sheikh Mohammed or any other detainee who—
3 (1) is not a United States citizen or a member
4 of the Armed Forces of the United States; and
5 (2) is or was held on or after June 24, 2009, at
6 the United States Naval Station, Guantanamo Bay,
7 Cuba, by the Department of Defense.
8 SEC. 540. (a) None of the funds appropriated or other-
9 wise made available in this or any other Act may be used
10 to construct, acquire, or modify any facility in the United
11 States, its territories, or possessions to house any individual
12 described in subsection (c) for the purposes of detention or
13 imprisonment in the custody or under the effective control
14 of the Department of Defense.
15 (b) The prohibition in subsection (a) shall not apply
16 to any modification of facilities at United States Naval
17 Station, Guantanamo Bay, Cuba.
18 (c) An individual described in this subsection is any
19 individual who, as of June 24, 2009, is located at United
20 States Naval Station, Guantanamo Bay, Cuba, and who—
21 (1) is not a citizen of the United States or a
22 member of the Armed Forces of the United States; and
23 (2) is—
24 (A) in the custody or under the effective
25 control of the Department of Defense; or
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1 (B) otherwise under detention at United
2 States Naval Station, Guantanamo Bay, Cuba.
3 SEC. 541. The matter preceding the first proviso under
4 the heading ‘‘Department of Commerce—National Tele-
5 communications and Information Administration—
6 Broadband Connectivity Fund’’ in title II of division J of
7 Public Law 117–58 is amended by striking ‘‘for grants for
8 the Tribal Broadband Connectivity Program, as authorized
9 under section 905(c) of division N of the Consolidated Ap-
10 propriations Act, 2021 (Public Law 116–260), as amended
11 by section 60201 of division F this Act’’ and inserting ‘‘for
12 purposes of the Tribal Broadband Connectivity Program,
13 as authorized under section 905(c) of division N of the Con-
14 solidated Appropriations Act, 2021 (Public Law 116–260),
15 as amended by section 60201 of division F of this Act, of
16 which up to two percent shall be for administrative costs’’:
17 Provided, That amounts repurposed pursuant to this sec-
18 tion that were previously designated by the Congress as an
19 emergency requirement pursuant to section 4112(a) of H.
20 Con. Res. 71 (115th Congress), the concurrent resolution on
21 the budget for fiscal year 2018, and to section 251(b) of
22 the Balanced Budget and Emergency Deficit Control Act
23 of 1985 are designated by the Congress as an emergency
24 requirement pursuant to section 4001(a)(1) and section
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1 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
2 resolution on the budget for fiscal year 2022.
3 SEC. 542. The matter preceding the first proviso under
4 the heading ‘‘Department of Commerce—National Tele-
5 communications and Information Administration—Middle
6 Mile Deployment’’ in title II of division J of Public Law
7 117–58 is amended by striking ‘‘to remain available Sep-
8 tember’’ and inserting ‘‘to remain available until Sep-
9 tember’’: Provided, That amounts repurposed pursuant to
10 this section that were previously designated by the Congress
11 as an emergency requirement pursuant to section 4112(a)
12 of H. Con. Res. 71 (115th Congress), the concurrent resolu-
13 tion on the budget for fiscal year 2018, and to section 251(b)
14 of the Balanced Budget and Emergency Deficit Control Act
15 of 1985 are designated by the Congress as an emergency
16 requirement pursuant to section 4001(a)(1) and section
17 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
18 resolution on the budget for fiscal year 2022.
19 SEC. 543. Paragraph (14) under the heading ‘‘Depart-
20 ment of Commerce—National Oceanic and Atmospheric
21 Administration—Operations, Research, and Facilities’’ in
22 title II of division J of Public Law 117–58 is amended by
23 striking ‘‘an institution of higher education, non-profit,
24 commercial (for profit) organizations, U.S. territories, and
25 state or local governments’’ and inserting ‘‘institutions of
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1 higher education, non-profit or commercial (for profit) or-
2 ganizations, U.S. territories, or state or local governments’’:
3 Provided, That amounts repurposed pursuant to this sec-
4 tion that were previously designated by the Congress as an
5 emergency requirement pursuant to section 4112(a) of H.
6 Con. Res. 71 (115th Congress), the concurrent resolution on
7 the budget for fiscal year 2018, and to section 251(b) of
8 the Balanced Budget and Emergency Deficit Control Act
9 of 1985 are designated by the Congress as an emergency
10 requirement pursuant to section 4001(a)(1) and section
11 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
12 resolution on the budget for fiscal year 2022.
13 SEC. 544. Funds made available to the Department of
14 Commerce and under the heading ‘‘Department of Justice—
15 Federal Bureau of Investigation—Salaries and Expenses’’
16 in this Act and any remaining unobligated balances of
17 funds made available to the Department of Commerce and
18 under the heading ‘‘Department of Justice—Federal Bu-
19 reau of Investigation—Salaries and Expenses’’ in prior
20 year Acts, other than amounts designated by the Congress
21 as being for an emergency requirement pursuant to a con-
22 current resolution on the budget or the Balanced Budget
23 and Emergency Deficit Control Act of 1985, shall be avail-
24 able to provide payments pursuant to section 901(i)(2) of
25 title IX of division J of the Further Consolidated Appro-
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1 priations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That
2 payments made pursuant to the matter preceding this pro-
3 viso may not exceed $2,000,000 for the Department of Com-
4 merce and $5,000,000 for the Federal Bureau of Investiga-
5 tion.
6 This division may be cited as the ‘‘Commerce, Justice,
7 Science, and Related Agencies Appropriations Act, 2022’’.
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1 DIVISION C—DEPARTMENT OF DEFENSE
2 APPROPRIATIONS ACT, 2022
3 TITLE I
4 MILITARY PERSONNEL
5 MILITARY PERSONNEL, ARMY
6 For pay, allowances, individual clothing, subsistence,
7 interest on deposits, gratuities, permanent change of station
8 travel (including all expenses thereof for organizational
9 movements), and expenses of temporary duty travel between
10 permanent duty stations, for members of the Army on active
11 duty (except members of reserve components provided for
12 elsewhere), cadets, and aviation cadets; for members of the
13 Reserve Officers’ Training Corps; and for payments pursu-
14 ant to section 156 of Public Law 97–377, as amended (42
15 U.S.C. 402 note), and to the Department of Defense Mili-
16 tary Retirement Fund, $47,814,079,000.
17 MILITARY PERSONNEL, NAVY
18 For pay, allowances, individual clothing, subsistence,
19 interest on deposits, gratuities, permanent change of station
20 travel (including all expenses thereof for organizational
21 movements), and expenses of temporary duty travel between
22 permanent duty stations, for members of the Navy on active
23 duty (except members of the Reserve provided for elsewhere),
24 midshipmen, and aviation cadets; for members of the Re-
25 serve Officers’ Training Corps; and for payments pursuant
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1 to section 156 of Public Law 97–377, as amended (42
2 U.S.C. 402 note), and to the Department of Defense Mili-
3 tary Retirement Fund, $35,504,251,000.
4 MILITARY PERSONNEL, MARINE CORPS
5 For pay, allowances, individual clothing, subsistence,
6 interest on deposits, gratuities, permanent change of station
7 travel (including all expenses thereof for organizational
8 movements), and expenses of temporary duty travel between
9 permanent duty stations, for members of the Marine Corps
10 on active duty (except members of the Reserve provided for
11 elsewhere); and for payments pursuant to section 156 of
12 Public Law 97–377, as amended (42 U.S.C. 402 note), and
13 to the Department of Defense Military Retirement Fund,
14 $14,572,400,000.
15 MILITARY PERSONNEL, AIR FORCE
16 For pay, allowances, individual clothing, subsistence,
17 interest on deposits, gratuities, permanent change of station
18 travel (including all expenses thereof for organizational
19 movements), and expenses of temporary duty travel between
20 permanent duty stations, for members of the Air Force on
21 active duty (except members of reserve components provided
22 for elsewhere), cadets, and aviation cadets; for members of
23 the Reserve Officers’ Training Corps; and for payments
24 pursuant to section 156 of Public Law 97–377, as amended
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1 (42 U.S.C. 402 note), and to the Department of Defense
2 Military Retirement Fund, $35,078,206,000.
3 RESERVE PERSONNEL, ARMY
4 For pay, allowances, clothing, subsistence, gratuities,
5 travel, and related expenses for personnel of the Army Re-
6 serve on active duty under sections 10211, 10302, and 7038
7 of title 10, United States Code, or while serving on active
8 duty under section 12301(d) of title 10, United States Code,
9 in connection with performing duty specified in section
10 12310(a) of title 10, United States Code, or while under-
11 going reserve training, or while performing drills or equiva-
12 lent duty or other duty, and expenses authorized by section
13 16131 of title 10, United States Code; and for payments
14 to the Department of Defense Military Retirement Fund,
15 $5,156,976,000.
16 RESERVE PERSONNEL, NAVY
17 For pay, allowances, clothing, subsistence, gratuities,
18 travel, and related expenses for personnel of the Navy Re-
19 serve on active duty under section 10211 of title 10, United
20 States Code, or while serving on active duty under section
21 12301(d) of title 10, United States Code, in connection with
22 performing duty specified in section 12310(a) of title 10,
23 United States Code, or while undergoing reserve training,
24 or while performing drills or equivalent duty, and expenses
25 authorized by section 16131 of title 10, United States Code;
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1 and for payments to the Department of Defense Military
2 Retirement Fund, $2,297,029,000.
3 RESERVE PERSONNEL, MARINE CORPS
4 For pay, allowances, clothing, subsistence, gratuities,
5 travel, and related expenses for personnel of the Marine
6 Corps Reserve on active duty under section 10211 of title
7 10, United States Code, or while serving on active duty
8 under section 12301(d) of title 10, United States Code, in
9 connection with performing duty specified in section
10 12310(a) of title 10, United States Code, or while under-
11 going reserve training, or while performing drills or equiva-
12 lent duty, and for members of the Marine Corps platoon
13 leaders class, and expenses authorized by section 16131 of
14 title 10, United States Code; and for payments to the De-
15 partment of Defense Military Retirement Fund,
16 $802,619,000.
17 RESERVE PERSONNEL, AIR FORCE
18 For pay, allowances, clothing, subsistence, gratuities,
19 travel, and related expenses for personnel of the Air Force
20 Reserve on active duty under sections 10211, 10305, and
21 8038 of title 10, United States Code, or while serving on
22 active duty under section 12301(d) of title 10, United States
23 Code, in connection with performing duty specified in sec-
24 tion 12310(a) of title 10, United States Code, or while un-
25 dergoing reserve training, or while performing drills or
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1 equivalent duty or other duty, and expenses authorized by
2 section 16131 of title 10, United States Code; and for pay-
3 ments to the Department of Defense Military Retirement
4 Fund, $2,371,001,000.
5 NATIONAL GUARD PERSONNEL, ARMY
6 For pay, allowances, clothing, subsistence, gratuities,
7 travel, and related expenses for personnel of the Army Na-
8 tional Guard while on duty under sections 10211, 10302,
9 or 12402 of title 10 or section 708 of title 32, United States
10 Code, or while serving on duty under section 12301(d) of
11 title 10 or section 502(f) of title 32, United States Code,
12 in connection with performing duty specified in section
13 12310(a) of title 10, United States Code, or while under-
14 going training, or while performing drills or equivalent
15 duty or other duty, and expenses authorized by section
16 16131 of title 10, United States Code; and for payments
17 to the Department of Defense Military Retirement Fund,
18 $9,017,728,000.
19 NATIONAL GUARD PERSONNEL, AIR FORCE
20 For pay, allowances, clothing, subsistence, gratuities,
21 travel, and related expenses for personnel of the Air Na-
22 tional Guard on duty under sections 10211, 10305, or
23 12402 of title 10 or section 708 of title 32, United States
24 Code, or while serving on duty under section 12301(d) of
25 title 10 or section 502(f) of title 32, United States Code,
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1 in connection with performing duty specified in section
2 12310(a) of title 10, United States Code, or while under-
3 going training, or while performing drills or equivalent
4 duty or other duty, and expenses authorized by section
5 16131 of title 10, United States Code; and for payments
6 to the Department of Defense Military Retirement Fund,
7 $4,764,443,000.
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1 TITLE II
2 OPERATION AND MAINTENANCE
3 OPERATION AND MAINTENANCE, ARMY
4 For expenses, not otherwise provided for, necessary for
5 the operation and maintenance of the Army, as authorized
6 by law, $55,016,103,000: Provided, That not to exceed
7 $12,478,000 may be used for emergencies and extraordinary
8 expenses, to be expended upon the approval or authority
9 of the Secretary of the Army, and payments may be made
10 upon his certificate of necessity for confidential military
11 purposes.
12 OPERATION AND MAINTENANCE, NAVY
13 For expenses, not otherwise provided for, necessary for
14 the operation and maintenance of the Navy and the Marine
15 Corps, as authorized by law, $62,480,035,000: Provided,
16 That not to exceed $15,055,000 may be used for emergencies
17 and extraordinary expenses, to be expended upon the ap-
18 proval or authority of the Secretary of the Navy, and pay-
19 ments may be made upon his certificate of necessity for con-
20 fidential military purposes.
21 OPERATION AND MAINTENANCE, MARINE CORPS
22 For expenses, not otherwise provided for, necessary for
23 the operation and maintenance of the Marine Corps, as au-
24 thorized by law, $9,185,430,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE
2 For expenses, not otherwise provided for, necessary for
3 the operation and maintenance of the Air Force, as author-
4 ized by law, $55,103,948,000: Provided, That not to exceed
5 $7,699,000 may be used for emergencies and extraordinary
6 expenses, to be expended upon the approval or authority
7 of the Secretary of the Air Force, and payments may be
8 made upon his certificate of necessity for confidential mili-
9 tary purposes.
10 OPERATION AND MAINTENANCE, SPACE FORCE
11 For expenses, not otherwise provided for, necessary for
12 the operation and maintenance of the Space Force, as au-
13 thorized by law, $3,435,212,000.
14 OPERATION AND MAINTENANCE, DEFENSE-WIDE
15 (INCLUDING TRANSFER OF FUNDS)
16 For expenses, not otherwise provided for, necessary for
17 the operation and maintenance of activities and agencies
18 of the Department of Defense (other than the military de-
19 partments), as authorized by law, $45,864,202,000: Pro-
20 vided, That not more than $3,000,000 may be used for the
21 Combatant Commander Initiative Fund authorized under
22 section 166a of title 10, United States Code: Provided fur-
23 ther, That not to exceed $36,000,000 may be used for emer-
24 gencies and extraordinary expenses, to be expended upon
25 the approval or authority of the Secretary of Defense, and
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1 payments may be made upon his certificate of necessity for
2 confidential military purposes: Provided further, That of
3 the funds provided under this heading, not less than
4 $50,000,000 shall be made available for the Procurement
5 Technical Assistance Cooperative Agreement Program, of
6 which not less than $4,500,000 shall be available for centers
7 defined in 10 U.S.C. 2411(1)(D): Provided further, That
8 none of the funds appropriated or otherwise made available
9 by this Act may be used to plan or implement the consolida-
10 tion of a budget or appropriations liaison office of the Office
11 of the Secretary of Defense, the office of the Secretary of
12 a military department, or the service headquarters of one
13 of the Armed Forces into a legislative affairs or legislative
14 liaison office: Provided further, That $72,000,000, to re-
15 main available until expended, is available only for ex-
16 penses relating to certain classified activities, and may be
17 transferred as necessary by the Secretary of Defense to oper-
18 ation and maintenance appropriations or research, develop-
19 ment, test and evaluation appropriations, to be merged with
20 and to be available for the same time period as the appro-
21 priations to which transferred: Provided further, That any
22 ceiling on the investment item unit cost of items that may
23 be purchased with operation and maintenance funds shall
24 not apply to the funds described in the preceding proviso:
25 Provided further, That of the funds provided under this
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1 heading, $2,261,570,000, of which $1,299,386,000, to re-
2 main available until September 30, 2023, shall be available
3 to provide support and assistance to foreign security forces
4 or other groups or individuals to conduct, support or facili-
5 tate counterterrorism, crisis response, or other Department
6 of Defense security cooperation programs: Provided further,
7 That the Secretary of Defense shall provide quarterly re-
8 ports to the Committees on Appropriations of the House of
9 Representatives and the Senate on the use and status of
10 funds made available in this paragraph: Provided further,
11 That the transfer authority provided under this heading is
12 in addition to any other transfer authority provided else-
13 where in this Act.
14 COUNTER-ISIS TRAIN AND EQUIP FUND
15 For the ‘‘Counter-Islamic State of Iraq and Syria
16 Train and Equip Fund’’, $500,000,000, to remain available
17 until September 30, 2023: Provided, That such funds shall
18 be available to the Secretary of Defense in coordination
19 with the Secretary of State, to provide assistance, including
20 training; equipment; logistics support, supplies, and serv-
21 ices; stipends; infrastructure repair and renovation; con-
22 struction for facility fortification and humane treatment;
23 and sustainment, to foreign security forces, irregular forces,
24 groups, or individuals participating, or preparing to par-
25 ticipate in activities to counter the Islamic State of Iraq
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1 and Syria, and their affiliated or associated groups: Pro-
2 vided further, That amounts made available under this
3 heading shall be available to provide assistance only for ac-
4 tivities in a country designated by the Secretary of Defense,
5 in coordination with the Secretary of State, as having a
6 security mission to counter the Islamic State of Iraq and
7 Syria, and following written notification to the congres-
8 sional defense committees of such designation: Provided fur-
9 ther, That the Secretary of Defense shall ensure that prior
10 to providing assistance to elements of any forces or individ-
11 uals, such elements or individuals are appropriately vetted,
12 including at a minimum, assessing such elements for asso-
13 ciations with terrorist groups or groups associated with the
14 Government of Iran; and receiving commitments from such
15 elements to promote respect for human rights and the rule
16 of law: Provided further, That the Secretary of Defense
17 shall, not fewer than 15 days prior to obligating from this
18 appropriation account, notify the congressional defense
19 committees in writing of the details of any such obligation:
20 Provided further, That the Secretary of Defense may accept
21 and retain contributions, including assistance in-kind,
22 from foreign governments, including the Government of
23 Iraq and other entities, to carry out assistance authorized
24 under this heading: Provided further, That contributions of
25 funds for the purposes provided herein from any foreign
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1 government or other entity may be credited to this Fund,
2 to remain available until expended, and used for such pur-
3 poses: Provided further, That the Secretary of Defense shall
4 prioritize such contributions when providing any assistance
5 for construction for facility fortification: Provided further,
6 That the Secretary of Defense may waive a provision of
7 law relating to the acquisition of items and support services
8 or sections 40 and 40A of the Arms Export Control Act
9 (22 U.S.C. 2780 and 2785) if the Secretary determines that
10 such provision of law would prohibit, restrict, delay or oth-
11 erwise limit the provision of such assistance and a notice
12 of and justification for such waiver is submitted to the con-
13 gressional defense committees, the Committees on Appro-
14 priations and Foreign Relations of the Senate and the Com-
15 mittees on Appropriations and Foreign Affairs of the House
16 of Representatives: Provided further, That the United States
17 may accept equipment procured using funds provided under
18 this heading, or under the heading, ‘‘Iraq Train and Equip
19 Fund’’ in prior Acts, that was transferred to security forces,
20 irregular forces, or groups participating, or preparing to
21 participate in activities to counter the Islamic State of Iraq
22 and Syria and returned by such forces or groups to the
23 United States, and such equipment may be treated as stocks
24 of the Department of Defense upon written notification to
25 the congressional defense committees: Provided further, That
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1 equipment procured using funds provided under this head-
2 ing, or under the heading, ‘‘Iraq Train and Equip Fund’’
3 in prior Acts, and not yet transferred to security forces,
4 irregular forces, or groups participating, or preparing to
5 participate in activities to counter the Islamic State of Iraq
6 and Syria may be treated as stocks of the Department of
7 Defense when determined by the Secretary to no longer be
8 required for transfer to such forces or groups and upon
9 written notification to the congressional defense committees:
10 Provided further, That the Secretary of Defense shall pro-
11 vide quarterly reports to the congressional defense commit-
12 tees on the use of funds provided under this heading, includ-
13 ing, but not limited to, the number of individuals trained,
14 the nature and scope of support and sustainment provided
15 to each group or individual, the area of operations for each
16 group, and the contributions of other countries, groups, or
17 individuals.
18 OPERATION AND MAINTENANCE, ARMY RESERVE
19 For expenses, not otherwise provided for, necessary for
20 the operation and maintenance, including training, organi-
21 zation, and administration, of the Army Reserve; repair of
22 facilities and equipment; hire of passenger motor vehicles;
23 travel and transportation; care of the dead; recruiting; pro-
24 curement of services, supplies, and equipment; and commu-
25 nications, $3,032,255,000.
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1 OPERATION AND MAINTENANCE, NAVY RESERVE
2 For expenses, not otherwise provided for, necessary for
3 the operation and maintenance, including training, organi-
4 zation, and administration, of the Navy Reserve; repair of
5 facilities and equipment; hire of passenger motor vehicles;
6 travel and transportation; care of the dead; recruiting; pro-
7 curement of services, supplies, and equipment; and commu-
8 nications, $1,173,598,000.
9 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
10 For expenses, not otherwise provided for, necessary for
11 the operation and maintenance, including training, organi-
12 zation, and administration, of the Marine Corps Reserve;
13 repair of facilities and equipment; hire of passenger motor
14 vehicles; travel and transportation; care of the dead; recruit-
15 ing; procurement of services, supplies, and equipment; and
16 communications, $294,860,000.
17 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
18 For expenses, not otherwise provided for, necessary for
19 the operation and maintenance, including training, organi-
20 zation, and administration, of the Air Force Reserve; repair
21 of facilities and equipment; hire of passenger motor vehicles;
22 travel and transportation; care of the dead; recruiting; pro-
23 curement of services, supplies, and equipment; and commu-
24 nications, $3,417,706,000.
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
2 For expenses of training, organizing, and admin-
3 istering the Army National Guard, including medical and
4 hospital treatment and related expenses in non-Federal hos-
5 pitals; maintenance, operation, and repairs to structures
6 and facilities; hire of passenger motor vehicles; personnel
7 services in the National Guard Bureau; travel expenses
8 (other than mileage), as authorized by law for Army per-
9 sonnel on active duty, for Army National Guard division,
10 regimental, and battalion commanders while inspecting
11 units in compliance with National Guard Bureau regula-
12 tions when specifically authorized by the Chief, National
13 Guard Bureau; supplying and equipping the Army Na-
14 tional Guard as authorized by law; and expenses of repair,
15 modification, maintenance, and issue of supplies and
16 equipment (including aircraft), $7,714,473,000.
17 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
18 For expenses of training, organizing, and admin-
19 istering the Air National Guard, including medical and
20 hospital treatment and related expenses in non-Federal hos-
21 pitals; maintenance, operation, and repairs to structures
22 and facilities; transportation of things, hire of passenger
23 motor vehicles; supplying and equipping the Air National
24 Guard, as authorized by law; expenses for repair, modifica-
25 tion, maintenance, and issue of supplies and equipment,
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1 including those furnished from stocks under the control of
2 agencies of the Department of Defense; travel expenses (other
3 than mileage) on the same basis as authorized by law for
4 Air National Guard personnel on active Federal duty, for
5 Air National Guard commanders while inspecting units in
6 compliance with National Guard Bureau regulations when
7 specifically authorized by the Chief, National Guard Bu-
8 reau, $6,786,420,000.
9 UNITED STATES COURT OF APPEALS FOR THE ARMED
10 FORCES
11 For salaries and expenses necessary for the United
12 States Court of Appeals for the Armed Forces, $15,589,000,
13 of which not to exceed $15,000 may be used for official rep-
14 resentation purposes.
15 ENVIRONMENTAL RESTORATION, ARMY
16 (INCLUDING TRANSFER OF FUNDS)
17 For the Department of the Army, $299,008,000, to re-
18 main available until transferred: Provided, That the Sec-
19 retary of the Army shall, upon determining that such funds
20 are required for environmental restoration, reduction and
21 recycling of hazardous waste, removal of unsafe buildings
22 and debris of the Department of the Army, or for similar
23 purposes, transfer the funds made available by this appro-
24 priation to other appropriations made available to the De-
25 partment of the Army, to be merged with and to be available
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1 for the same purposes and for the same time period as the
2 appropriations to which transferred: Provided further, That
3 upon a determination that all or part of the funds trans-
4 ferred from this appropriation are not necessary for the
5 purposes provided herein, such amounts may be transferred
6 back to this appropriation: Provided further, That the
7 transfer authority provided under this heading is in addi-
8 tion to any other transfer authority provided elsewhere in
9 this Act.
10 ENVIRONMENTAL RESTORATION, NAVY
11 (INCLUDING TRANSFER OF FUNDS)
12 For the Department of the Navy, $390,113,000, to re-
13 main available until transferred: Provided, That the Sec-
14 retary of the Navy shall, upon determining that such funds
15 are required for environmental restoration, reduction and
16 recycling of hazardous waste, removal of unsafe buildings
17 and debris of the Department of the Navy, or for similar
18 purposes, transfer the funds made available by this appro-
19 priation to other appropriations made available to the De-
20 partment of the Navy, to be merged with and to be available
21 for the same purposes and for the same time period as the
22 appropriations to which transferred: Provided further, That
23 upon a determination that all or part of the funds trans-
24 ferred from this appropriation are not necessary for the
25 purposes provided herein, such amounts may be transferred
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1 back to this appropriation: Provided further, That the
2 transfer authority provided under this heading is in addi-
3 tion to any other transfer authority provided elsewhere in
4 this Act.
5 ENVIRONMENTAL RESTORATION, AIR FORCE
6 (INCLUDING TRANSFER OF FUNDS)
7 For the Department of the Air Force, $522,010,000,
8 to remain available until transferred: Provided, That the
9 Secretary of the Air Force shall, upon determining that
10 such funds are required for environmental restoration, re-
11 duction and recycling of hazardous waste, removal of unsafe
12 buildings and debris of the Department of the Air Force,
13 or for similar purposes, transfer the funds made available
14 by this appropriation to other appropriations made avail-
15 able to the Department of the Air Force, to be merged with
16 and to be available for the same purposes and for the same
17 time period as the appropriations to which transferred:
18 Provided further, That upon a determination that all or
19 part of the funds transferred from this appropriation are
20 not necessary for the purposes provided herein, such
21 amounts may be transferred back to this appropriation:
22 Provided further, That the transfer authority provided
23 under this heading is in addition to any other transfer au-
24 thority provided elsewhere in this Act.
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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
2 (INCLUDING TRANSFER OF FUNDS)
3 For the Department of Defense, $10,979,000, to remain
4 available until transferred: Provided, That the Secretary of
5 Defense shall, upon determining that such funds are re-
6 quired for environmental restoration, reduction and recy-
7 cling of hazardous waste, removal of unsafe buildings and
8 debris of the Department of Defense, or for similar purposes,
9 transfer the funds made available by this appropriation to
10 other appropriations made available to the Department of
11 Defense, to be merged with and to be available for the same
12 purposes and for the same time period as the appropria-
13 tions to which transferred: Provided further, That upon a
14 determination that all or part of the funds transferred from
15 this appropriation are not necessary for the purposes pro-
16 vided herein, such amounts may be transferred back to this
17 appropriation: Provided further, That the transfer author-
18 ity provided under this heading is in addition to any other
19 transfer authority provided elsewhere in this Act.
20 ENVIRONMENTAL RESTORATION, FORMERLY USED
21 DEFENSE SITES
22 (INCLUDING TRANSFER OF FUNDS)
23 For the Department of the Army, $292,580,000, to re-
24 main available until transferred: Provided, That the Sec-
25 retary of the Army shall, upon determining that such funds
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1 are required for environmental restoration, reduction and
2 recycling of hazardous waste, removal of unsafe buildings
3 and debris at sites formerly used by the Department of De-
4 fense, transfer the funds made available by this appropria-
5 tion to other appropriations made available to the Depart-
6 ment of the Army, to be merged with and to be available
7 for the same purposes and for the same time period as the
8 appropriations to which transferred: Provided further, That
9 upon a determination that all or part of the funds trans-
10 ferred from this appropriation are not necessary for the
11 purposes provided herein, such amounts may be transferred
12 back to this appropriation: Provided further, That the
13 transfer authority provided under this heading is in addi-
14 tion to any other transfer authority provided elsewhere in
15 this Act.
16 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
17 For expenses relating to the Overseas Humanitarian,
18 Disaster, and Civic Aid programs of the Department of De-
19 fense (consisting of the programs provided under sections
20 401, 402, 404, 407, 2557, and 2561 of title 10, United
21 States Code), $160,051,000, to remain available until Sep-
22 tember 30, 2023: Provided, That such amounts shall not
23 be subject to the limitation in section 407(c)(3) of title 10,
24 United States Code.
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1 COOPERATIVE THREAT REDUCTION ACCOUNT
2 For assistance, including assistance provided by con-
3 tract or by grants, under programs and activities of the
4 Department of Defense Cooperative Threat Reduction Pro-
5 gram authorized under the Department of Defense Coopera-
6 tive Threat Reduction Act, $344,849,000, to remain avail-
7 able until September 30, 2024.
8 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
9 DEVELOPMENT ACCOUNT
10 For the Department of Defense Acquisition Workforce
11 Development Account, $56,679,000, to remain available for
12 obligation until September 30, 2022: Provided, That no
13 other amounts may be otherwise credited or transferred to
14 the Account, or deposited into the Account, in fiscal year
15 2022 pursuant to section 1705(d) of title 10, United States
16 Code.
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1 TITLE III
2 PROCUREMENT
3 AIRCRAFT PROCUREMENT, ARMY
4 For construction, procurement, production, modifica-
5 tion, and modernization of aircraft, equipment, including
6 ordnance, ground handling equipment, spare parts, and ac-
7 cessories therefor; specialized equipment and training de-
8 vices; expansion of public and private plants, including the
9 land necessary therefor, for the foregoing purposes, and such
10 lands and interests therein, may be acquired, and construc-
11 tion prosecuted thereon prior to approval of title; and pro-
12 curement and installation of equipment, appliances, and
13 machine tools in public and private plants; reserve plant
14 and Government and contractor-owned equipment layaway;
15 and other expenses necessary for the foregoing purposes,
16 $3,295,431,000, to remain available for obligation until
17 September 30, 2024.
18 MISSILE PROCUREMENT, ARMY
19 For construction, procurement, production, modifica-
20 tion, and modernization of missiles, equipment, including
21 ordnance, ground handling equipment, spare parts, and ac-
22 cessories therefor; specialized equipment and training de-
23 vices; expansion of public and private plants, including the
24 land necessary therefor, for the foregoing purposes, and such
25 lands and interests therein, may be acquired, and construc-
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1 tion prosecuted thereon prior to approval of title; and pro-
2 curement and installation of equipment, appliances, and
3 machine tools in public and private plants; reserve plant
4 and Government and contractor-owned equipment layaway;
5 and other expenses necessary for the foregoing purposes,
6 $3,460,064,000, to remain available for obligation until
7 September 30, 2024.
8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT
9 VEHICLES, ARMY
10 For construction, procurement, production, and modi-
11 fication of weapons and tracked combat vehicles, equipment,
12 including ordnance, spare parts, and accessories therefor;
13 specialized equipment and training devices; expansion of
14 public and private plants, including the land necessary
15 therefor, for the foregoing purposes, and such lands and in-
16 terests therein, may be acquired, and construction pros-
17 ecuted thereon prior to approval of title; and procurement
18 and installation of equipment, appliances, and machine
19 tools in public and private plants; reserve plant and Gov-
20 ernment and contractor-owned equipment layaway; and
21 other expenses necessary for the foregoing purposes,
22 $4,319,082,000, to remain available for obligation until
23 September 30, 2024.
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1 PROCUREMENT OF AMMUNITION, ARMY
2 For construction, procurement, production, and modi-
3 fication of ammunition, and accessories therefor; specialized
4 equipment and training devices; expansion of public and
5 private plants, including ammunition facilities, authorized
6 by section 2854 of title 10, United States Code, and the
7 land necessary therefor, for the foregoing purposes, and such
8 lands and interests therein, may be acquired, and construc-
9 tion prosecuted thereon prior to approval of title; and pro-
10 curement and installation of equipment, appliances, and
11 machine tools in public and private plants; reserve plant
12 and Government and contractor-owned equipment layaway;
13 and other expenses necessary for the foregoing purposes,
14 $2,276,667,000, to remain available for obligation until
15 September 30, 2024.
16 OTHER PROCUREMENT, ARMY
17 For construction, procurement, production, and modi-
18 fication of vehicles, including tactical, support, and non-
19 tracked combat vehicles; the purchase of passenger motor ve-
20 hicles for replacement only; communications and electronic
21 equipment; other support equipment; spare parts, ordnance,
22 and accessories therefor; specialized equipment and training
23 devices; expansion of public and private plants, including
24 the land necessary therefor, for the foregoing purposes, and
25 such lands and interests therein, may be acquired, and con-
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1 struction prosecuted thereon prior to approval of title; and
2 procurement and installation of equipment, appliances,
3 and machine tools in public and private plants; reserve
4 plant and Government and contractor-owned equipment
5 layaway; and other expenses necessary for the foregoing
6 purposes, $9,453,524,000, to remain available for obligation
7 until September 30, 2024.
8 AIRCRAFT PROCUREMENT, NAVY
9 For construction, procurement, production, modifica-
10 tion, and modernization of aircraft, equipment, including
11 ordnance, spare parts, and accessories therefor; specialized
12 equipment; expansion of public and private plants, includ-
13 ing the land necessary therefor, and such lands and inter-
14 ests therein, may be acquired, and construction prosecuted
15 thereon prior to approval of title; and procurement and in-
16 stallation of equipment, appliances, and machine tools in
17 public and private plants; reserve plant and Government
18 and contractor-owned equipment layaway,
19 $17,799,321,000, to remain available for obligation until
20 September 30, 2024.
21 WEAPONS PROCUREMENT, NAVY
22 For construction, procurement, production, modifica-
23 tion, and modernization of missiles, torpedoes, other weap-
24 ons, and related support equipment including spare parts,
25 and accessories therefor; expansion of public and private
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1 plants, including the land necessary therefor, and such
2 lands and interests therein, may be acquired, and construc-
3 tion prosecuted thereon prior to approval of title; and pro-
4 curement and installation of equipment, appliances, and
5 machine tools in public and private plants; reserve plant
6 and Government and contractor-owned equipment layaway,
7 $3,982,657,000, to remain available for obligation until
8 September 30, 2024.
9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
10 CORPS
11 For construction, procurement, production, and modi-
12 fication of ammunition, and accessories therefor; specialized
13 equipment and training devices; expansion of public and
14 private plants, including ammunition facilities, authorized
15 by section 2854 of title 10, United States Code, and the
16 land necessary therefor, for the foregoing purposes, and such
17 lands and interests therein, may be acquired, and construc-
18 tion prosecuted thereon prior to approval of title; and pro-
19 curement and installation of equipment, appliances, and
20 machine tools in public and private plants; reserve plant
21 and Government and contractor-owned equipment layaway;
22 and other expenses necessary for the foregoing purposes,
23 $845,289,000, to remain available for obligation until Sep-
24 tember 30, 2024.
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1 SHIPBUILDING AND CONVERSION, NAVY
2 For expenses necessary for the construction, acquisi-
3 tion, or conversion of vessels as authorized by law, includ-
4 ing armor and armament thereof, plant equipment, appli-
5 ances, and machine tools and installation thereof in public
6 and private plants; reserve plant and Government and con-
7 tractor-owned equipment layaway; procurement of critical,
8 long lead time components and designs for vessels to be con-
9 structed or converted in the future; and expansion of public
10 and private plants, including land necessary therefor, and
11 such lands and interests therein, may be acquired, and con-
12 struction prosecuted thereon prior to approval of title, as
13 follows:
14 Columbia Class Submarine, $3,003,000,000;
15 Columbia Class Submarine (AP),
16 $1,773,980,000;
17 Carrier Replacement Program (CVN–80),
18 $1,062,205,000;
19 Carrier Replacement Program (CVN–81),
20 $1,287,719,000;
21 Virginia Class Submarine, $4,234,240,000;
22 Virginia Class Submarine (AP), $2,105,407,000;
23 CVN Refueling Overhauls, $2,424,218,000;
24 CVN Refueling Overhauls (AP), $66,262,000;
25 DDG–1000 Program, $56,597,000;
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1 DDG–51 Destroyer, $3,675,987,000;
2 DDG–51 Destroyer (AP), $120,000,000;
3 FFG–Frigate, $1,090,900,000;
4 LPD Flight II, $60,636,000;
5 LPD Flight II (AP), $250,000,000;
6 Expeditionary Sea Base, $577,000,000;
7 LHA Replacement, $68,637,000;
8 Expeditionary Fast Transport, $590,000,000;
9 TAO Fleet Oiler, $1,463,784,000;
10 TAGOS SURTASS Ships, $434,384,000;
11 Towing, Salvage, and Rescue Ship,
12 $183,800,000;
13 LCU 1700, $67,928,000;
14 Ship to Shore Connector, $391,838,000;
15 Service Craft, $67,866,000;
16 LCAC SLEP, $32,712,000;
17 Auxiliary Vessels, $299,900,000;
18 For outfitting, post delivery, conversions, and
19 first destination transportation, $614,731,000; and
20 Completion of Prior Year Shipbuilding Pro-
21 grams, $660,795,000.
22 In all: $26,664,526,000, to remain available for obliga-
23 tion until September 30, 2026: Provided, That additional
24 obligations may be incurred after September 30, 2026, for
25 engineering services, tests, evaluations, and other such budg-
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1 eted work that must be performed in the final stage of ship
2 construction: Provided further, That none of the funds pro-
3 vided under this heading for the construction or conversion
4 of any naval vessel to be constructed in shipyards in the
5 United States shall be expended in foreign facilities for the
6 construction of major components of such vessel: Provided
7 further, That none of the funds provided under this heading
8 shall be used for the construction of any naval vessel in
9 foreign shipyards: Provided further, That funds appro-
10 priated or otherwise made available by this Act for Colum-
11 bia Class Submarine (AP) may be available for the pur-
12 poses authorized by subsections (f), (g), (h) or (i) of section
13 2218a of title 10, United States Code, only in accordance
14 with the provisions of the applicable subsection: Provided
15 further, That prior to entering into a contract for more than
16 one amphibious ship, the Secretary of Defense shall provide
17 to the congressional defense committees the future years de-
18 fense program which displays the funding programmed for
19 all shipbuilding programs currently or anticipated to be
20 under a multiyear contract, block buy contract, or other
21 contract involving economic order quantity.
22 OTHER PROCUREMENT, NAVY
23 For procurement, production, and modernization of
24 support equipment and materials not otherwise provided
25 for, Navy ordnance (except ordnance for new aircraft, new
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1 ships, and ships authorized for conversion); the purchase
2 of passenger motor vehicles for replacement only; expansion
3 of public and private plants, including the land necessary
4 therefor, and such lands and interests therein, may be ac-
5 quired, and construction prosecuted thereon prior to ap-
6 proval of title; and procurement and installation of equip-
7 ment, appliances, and machine tools in public and private
8 plants; reserve plant and Government and contractor-owned
9 equipment layaway, $11,072,651,000, to remain available
10 for obligation until September 30, 2024: Provided, That
11 such funds are also available for the maintenance, repair,
12 and modernization of ships under a pilot program estab-
13 lished for such purposes.
14 PROCUREMENT, MARINE CORPS
15 For expenses necessary for the procurement, manufac-
16 ture, and modification of missiles, armament, military
17 equipment, spare parts, and accessories therefor; plant
18 equipment, appliances, and machine tools, and installation
19 thereof in public and private plants; reserve plant and Gov-
20 ernment and contractor-owned equipment layaway; vehicles
21 for the Marine Corps, including the purchase of passenger
22 motor vehicles for replacement only; and expansion of pub-
23 lic and private plants, including land necessary therefor,
24 and such lands and interests therein, may be acquired, and
25 construction prosecuted thereon prior to approval of title,
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1 $3,093,770,000, to remain available for obligation until
2 September 30, 2024.
3 AIRCRAFT PROCUREMENT, AIR FORCE
4 For construction, procurement, and modification of
5 aircraft and equipment, including armor and armament,
6 specialized ground handling equipment, and training de-
7 vices, spare parts, and accessories therefor; specialized
8 equipment; expansion of public and private plants, Govern-
9 ment-owned equipment and installation thereof in such
10 plants, erection of structures, and acquisition of land, for
11 the foregoing purposes, and such lands and interests therein,
12 may be acquired, and construction prosecuted thereon prior
13 to approval of title; reserve plant and Government and con-
14 tractor-owned equipment layaway; and other expenses nec-
15 essary for the foregoing purposes including rents and trans-
16 portation of things, $18,383,946,000, to remain available
17 for obligation until September 30, 2024.
18 MISSILE PROCUREMENT, AIR FORCE
19 For construction, procurement, and modification of
20 missiles, rockets, and related equipment, including spare
21 parts and accessories therefor; ground handling equipment,
22 and training devices; expansion of public and private
23 plants, Government-owned equipment and installation
24 thereof in such plants, erection of structures, and acquisi-
25 tion of land, for the foregoing purposes, and such lands and
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1 interests therein, may be acquired, and construction pros-
2 ecuted thereon prior to approval of title; reserve plant and
3 Government and contractor-owned equipment layaway; and
4 other expenses necessary for the foregoing purposes includ-
5 ing rents and transportation of things, $2,475,206,000, to
6 remain available for obligation until September 30, 2024.
7 PROCUREMENT OF AMMUNITION, AIR FORCE
8 For construction, procurement, production, and modi-
9 fication of ammunition, and accessories therefor; specialized
10 equipment and training devices; expansion of public and
11 private plants, including ammunition facilities, authorized
12 by section 2854 of title 10, United States Code, and the
13 land necessary therefor, for the foregoing purposes, and such
14 lands and interests therein, may be acquired, and construc-
15 tion prosecuted thereon prior to approval of title; and pro-
16 curement and installation of equipment, appliances, and
17 machine tools in public and private plants; reserve plant
18 and Government and contractor-owned equipment layaway;
19 and other expenses necessary for the foregoing purposes,
20 $665,977,000, to remain available for obligation until Sep-
21 tember 30, 2024.
22 OTHER PROCUREMENT, AIR FORCE
23 For procurement and modification of equipment (in-
24 cluding ground guidance and electronic control equipment,
25 and ground electronic and communication equipment), and
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1 supplies, materials, and spare parts therefor, not otherwise
2 provided for; the purchase of passenger motor vehicles for
3 replacement only; lease of passenger motor vehicles; and ex-
4 pansion of public and private plants, Government-owned
5 equipment and installation thereof in such plants, erection
6 of structures, and acquisition of land, for the foregoing pur-
7 poses, and such lands and interests therein, may be ac-
8 quired, and construction prosecuted thereon, prior to ap-
9 proval of title; reserve plant and Government and con-
10 tractor-owned equipment layaway, $26,615,079,000, to re-
11 main available for obligation until September 30, 2024.
12 PROCUREMENT, SPACE FORCE
13 For construction, procurement, and modification of
14 spacecraft, rockets, and related equipment, including spare
15 parts and accessories therefor; ground handling equipment,
16 and training devices; expansion of public and private
17 plants, Government-owned equipment and installation
18 thereof in such plants, erection of structures, and acquisi-
19 tion of land, for the foregoing purposes, and such lands and
20 interests therein, may be acquired, and construction pros-
21 ecuted thereon prior to approval of title; reserve plant and
22 Government and contractor-owned equipment layaway; and
23 other expenses necessary for the foregoing purposes includ-
24 ing rents and transportation of things, $3,023,408,000, to
25 remain available for obligation until September 30, 2024.
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1 PROCUREMENT, DEFENSE-WIDE
2 For expenses of activities and agencies of the Depart-
3 ment of Defense (other than the military departments) nec-
4 essary for procurement, production, and modification of
5 equipment, supplies, materials, and spare parts therefor,
6 not otherwise provided for; the purchase of passenger motor
7 vehicles for replacement only; expansion of public and pri-
8 vate plants, equipment, and installation thereof in such
9 plants, erection of structures, and acquisition of land for
10 the foregoing purposes, and such lands and interests therein,
11 may be acquired, and construction prosecuted thereon prior
12 to approval of title; reserve plant and Government and con-
13 tractor-owned equipment layaway, $6,177,561,000, to re-
14 main available for obligation until September 30, 2024.
15 DEFENSE PRODUCTION ACT PURCHASES
16 For activities by the Department of Defense pursuant
17 to sections 108, 301, 302, and 303 of the Defense Production
18 Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533),
19 $388,327,000, to remain available until expended, which
20 shall be obligated and expended by the Secretary of Defense
21 as if delegated the necessary authorities conferred by the
22 Defense Production Act of 1950.
23 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
24 For procurement of rotary-wing aircraft; combat, tac-
25 tical and support vehicles; other weapons; and other pro-
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1 curement items for the reserve components of the Armed
2 Forces, $950,000,000, to remain available for obligation
3 until September 30, 2024: Provided, That the Chiefs of Na-
4 tional Guard and Reserve components shall, not later than
5 30 days after enactment of this Act, individually submit
6 to the congressional defense committees the modernization
7 priority assessment for their respective National Guard or
8 Reserve component: Provided further, That none of the
9 funds made available by this paragraph may be used to
10 procure manned fixed wing aircraft, or procure or modify
11 missiles, munitions, or ammunition.
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1 TITLE IV
2 RESEARCH, DEVELOPMENT, TEST AND
3 EVALUATION
4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
5 For expenses necessary for basic and applied scientific
6 research, development, test and evaluation, including main-
7 tenance, rehabilitation, lease, and operation of facilities
8 and equipment, $14,539,417,000, to remain available for
9 obligation until September 30, 2023.
10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
11 For expenses necessary for basic and applied scientific
12 research, development, test and evaluation, including main-
13 tenance, rehabilitation, lease, and operation of facilities
14 and equipment, $22,139,080,000, to remain available for
15 obligation until September 30, 2023: Provided, That funds
16 appropriated in this paragraph which are available for the
17 V–22 may be used to meet unique operational requirements
18 of the Special Operations Forces.
19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
20 FORCE
21 For expenses necessary for basic and applied scientific
22 research, development, test and evaluation, including main-
23 tenance, rehabilitation, lease, and operation of facilities
24 and equipment, $41,592,913,000, to remain available for
25 obligation until September 30, 2023.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
2 SPACE FORCE
3 For expenses necessary for basic and applied scientific
4 research, development, test and evaluation, including main-
5 tenance, rehabilitation, lease, and operation of facilities
6 and equipment, $11,597,405,000, to remain available until
7 September 30, 2023.
8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
9 DEFENSE-WIDE
10 For expenses of activities and agencies of the Depart-
11 ment of Defense (other than the military departments), nec-
12 essary for basic and applied scientific research, develop-
13 ment, test and evaluation; advanced research projects as
14 may be designated and determined by the Secretary of De-
15 fense, pursuant to law; maintenance, rehabilitation, lease,
16 and operation of facilities and equipment, $29,065,786,000,
17 to remain available for obligation until September 30,
18 2023.
19 OPERATIONAL TEST AND EVALUATION, DEFENSE
20 For expenses, not otherwise provided for, necessary for
21 the independent activities of the Director, Operational Test
22 and Evaluation, in the direction and supervision of oper-
23 ational test and evaluation, including initial operational
24 test and evaluation which is conducted prior to, and in sup-
25 port of, production decisions; joint operational testing and
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1 evaluation; and administrative expenses in connection
2 therewith, $276,591,000, to remain available for obligation
3 until September 30, 2023.
4 TITLE V
5 REVOLVING AND MANAGEMENT FUNDS
6 DEFENSE WORKING CAPITAL FUNDS
7 For the Defense Working Capital Funds,
8 $2,017,000,000.
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1 TITLE VI
2 OTHER DEPARTMENT OF DEFENSE PROGRAMS
3 DEFENSE HEALTH PROGRAM
4 For expenses, not otherwise provided for, for medical
5 and health care programs of the Department of Defense as
6 authorized by law, $37,350,182,000; of which
7 $33,957,986,000 shall be for operation and maintenance, of
8 which not to exceed one percent shall remain available for
9 obligation until September 30, 2023, and of which up to
10 $17,977,979,000 may be available for contracts entered into
11 under the TRICARE program; of which $758,708,000, to
12 remain available for obligation until September 30, 2024,
13 shall be for procurement; and of which $2,633,488,000, to
14 remain available for obligation until September 30, 2023,
15 shall be for research, development, test and evaluation: Pro-
16 vided, That, notwithstanding any other provision of law,
17 of the amount made available under this heading for re-
18 search, development, test and evaluation, not less than
19 $10,000,000 shall be available for HIV prevention edu-
20 cational activities undertaken in connection with United
21 States military training, exercises, and humanitarian as-
22 sistance activities conducted primarily in African nations:
23 Provided further, That of the funds provided under this
24 heading for research, development, test and evaluation, not
25 less than $1,536,000,000 shall be made available to the
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1 United States Army Medical Research and Development
2 Command to carry out the congressionally directed medical
3 research programs: Provided further, That the Secretary of
4 Defense shall submit to the congressional defense committees
5 quarterly reports on the current status of the deployment
6 of the electronic health record: Provided further, That the
7 Secretary of Defense shall provide notice to the congres-
8 sional defense committees not later than 10 business days
9 after delaying the proposed timeline of such deployment if
10 such delay is longer than 1 week: Provided further, That
11 the Comptroller General of the United States shall perform
12 quarterly performance reviews of such deployment.
13 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
14 DEFENSE
15 For expenses, not otherwise provided for, necessary for
16 the destruction of the United States stockpile of lethal chem-
17 ical agents and munitions in accordance with the provi-
18 sions of section 1412 of the Department of Defense Author-
19 ization Act, 1986 (50 U.S.C. 1521), and for the destruction
20 of other chemical warfare materials that are not in the
21 chemical weapon stockpile, $1,094,352,000, of which
22 $93,121,000 shall be for operation and maintenance, of
23 which no less than $48,668,000 shall be for the Chemical
24 Stockpile Emergency Preparedness Program, consisting of
25 $22,134,000 for activities on military installations and
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1 $26,534,000, to remain available until September 30, 2023,
2 to assist State and local governments; and $1,001,231,000,
3 to remain available until September 30, 2023, shall be for
4 research, development, test and evaluation, of which
5 $995,011,000 shall only be for the Assembled Chemical
6 Weapons Alternatives program.
7 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
8 DEFENSE
9 (INCLUDING TRANSFER OF FUNDS)
10 For drug interdiction and counter-drug activities of
11 the Department of Defense, for transfer to appropriations
12 available to the Department of Defense for military per-
13 sonnel of the reserve components serving under the provi-
14 sions of title 10 and title 32, United States Code; for oper-
15 ation and maintenance; for procurement; and for research,
16 development, test and evaluation, $925,649,000, of which
17 $579,750,000 shall be for counter-narcotics support;
18 $126,024,000 shall be for the drug demand reduction pro-
19 gram; $194,211,000 shall be for the National Guard
20 counter-drug program; and $25,664,000 shall be for the Na-
21 tional Guard counter-drug schools program: Provided, That
22 the funds appropriated under this heading shall be avail-
23 able for obligation for the same time period and for the
24 same purpose as the appropriation to which transferred:
25 Provided further, That upon a determination that all or
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1 part of the funds transferred from this appropriation are
2 not necessary for the purposes provided herein, such
3 amounts may be transferred back to this appropriation:
4 Provided further, That the transfer authority provided
5 under this heading is in addition to any other transfer au-
6 thority contained elsewhere in this Act.
7 OFFICE OF THE INSPECTOR GENERAL
8 For expenses and activities of the Office of the Inspec-
9 tor General in carrying out the provisions of the Inspector
10 General Act of 1978, as amended, $438,363,000, of which
11 $435,918,000 shall be for operation and maintenance, of
12 which not to exceed $700,000 is available for emergencies
13 and extraordinary expenses to be expended upon the ap-
14 proval or authority of the Inspector General, and payments
15 may be made upon the Inspector General’s certificate of ne-
16 cessity for confidential military purposes; of which $80,000,
17 to remain available for obligation until September 30,
18 2024, shall be for procurement; and of which $2,365,000,
19 to remain available until September 30, 2023, shall be for
20 research, development, test and evaluation.
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1 TITLE VII
2 RELATED AGENCIES
3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
4 DISABILITY SYSTEM FUND
5 For payment to the Central Intelligence Agency Retire-
6 ment and Disability System Fund, to maintain the proper
7 funding level for continuing the operation of the Central
8 Intelligence Agency Retirement and Disability System,
9 $514,000,000.
10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
11 For necessary expenses of the Intelligence Community
12 Management Account, $587,100,000.
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1 TITLE VIII
2 GENERAL PROVISIONS
3 SEC. 8001. No part of any appropriation contained
4 in this Act shall be used for publicity or propaganda pur-
5 poses not authorized by the Congress.
6 SEC. 8002. During the current fiscal year, provisions
7 of law prohibiting the payment of compensation to, or em-
8 ployment of, any person not a citizen of the United States
9 shall not apply to personnel of the Department of Defense:
10 Provided, That salary increases granted to direct and indi-
11 rect hire foreign national employees of the Department of
12 Defense funded by this Act shall not be at a rate in excess
13 of the percentage increase authorized by law for civilian
14 employees of the Department of Defense whose pay is com-
15 puted under the provisions of section 5332 of title 5, United
16 States Code, or at a rate in excess of the percentage increase
17 provided by the appropriate host nation to its own employ-
18 ees, whichever is higher: Provided further, That this section
19 shall not apply to Department of Defense foreign service
20 national employees serving at United States diplomatic
21 missions whose pay is set by the Department of State under
22 the Foreign Service Act of 1980: Provided further, That the
23 limitations of this provision shall not apply to foreign na-
24 tional employees of the Department of Defense in the Re-
25 public of Turkey.
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1 SEC. 8003. No part of any appropriation contained
2 in this Act shall remain available for obligation beyond the
3 current fiscal year, unless expressly so provided herein.
4 SEC. 8004. No more than 20 percent of the appropria-
5 tions in this Act which are limited for obligation during
6 the current fiscal year shall be obligated during the last 2
7 months of the fiscal year: Provided, That this section shall
8 not apply to obligations for support of active duty training
9 of reserve components or summer camp training of the Re-
10 serve Officers’ Training Corps.
11 (TRANSFER OF FUNDS)
12 SEC. 8005. Upon determination by the Secretary of
13 Defense that such action is necessary in the national inter-
14 est, the Secretary may, with the approval of the Office of
15 Management and Budget, transfer not to exceed
16 $6,000,000,000 of working capital funds of the Department
17 of Defense or funds made available in this Act to the De-
18 partment of Defense for military functions (except military
19 construction) between such appropriations or funds or any
20 subdivision thereof, to be merged with and to be available
21 for the same purposes, and for the same time period, as
22 the appropriation or fund to which transferred: Provided,
23 That such authority to transfer may not be used unless for
24 higher priority items, based on unforeseen military require-
25 ments, than those for which originally appropriated and
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1 in no case where the item for which funds are requested
2 has been denied by the Congress: Provided further, That the
3 Secretary of Defense shall notify the Congress promptly of
4 all transfers made pursuant to this authority or any other
5 authority in this Act: Provided further, That no part of
6 the funds in this Act shall be available to prepare or present
7 a request to the Committees on Appropriations of the House
8 of Representatives and the Senate for reprogramming of
9 funds, unless for higher priority items, based on unforeseen
10 military requirements, than those for which originally ap-
11 propriated and in no case where the item for which re-
12 programming is requested has been denied by the Congress:
13 Provided further, That a request for multiple
14 reprogrammings of funds using authority provided in this
15 section shall be made prior to June 30, 2022: Provided fur-
16 ther, That transfers among military personnel appropria-
17 tions shall not be taken into account for purposes of the
18 limitation on the amount of funds that may be transferred
19 under this section.
20 SEC. 8006. (a) With regard to the list of specific pro-
21 grams, projects, and activities (and the dollar amounts and
22 adjustments to budget activities corresponding to such pro-
23 grams, projects, and activities) contained in the tables titled
24 Explanation of Project Level Adjustments in the explana-
25 tory statement regarding this Act and the tables contained
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1 in the classified annex accompanying this Act, the obliga-
2 tion and expenditure of amounts appropriated or otherwise
3 made available in this Act for those programs, projects, and
4 activities for which the amounts appropriated exceed the
5 amounts requested are hereby required by law to be carried
6 out in the manner provided by such tables to the same ex-
7 tent as if the tables were included in the text of this Act.
8 (b) Amounts specified in the referenced tables described
9 in subsection (a) shall not be treated as subdivisions of ap-
10 propriations for purposes of section 8005 of this Act: Pro-
11 vided, That section 8005 shall apply when transfers of the
12 amounts described in subsection (a) occur between appro-
13 priation accounts.
14 SEC. 8007. (a) Not later than 60 days after the date
15 of the enactment of this Act, the Department of Defense shall
16 submit a report to the congressional defense committees to
17 establish the baseline for application of reprogramming and
18 transfer authorities for fiscal year 2022: Provided, That the
19 report shall include—
20 (1) a table for each appropriation with a sepa-
21 rate column to display the President’s budget request,
22 adjustments made by Congress, adjustments due to
23 enacted rescissions, if appropriate, and the fiscal year
24 enacted level;
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1 (2) a delineation in the table for each appropria-
2 tion both by budget activity and program, project,
3 and activity as detailed in the Budget Appendix; and
4 (3) an identification of items of special congres-
5 sional interest.
6 (b) Notwithstanding section 8005 of this Act, none of
7 the funds provided in this Act shall be available for re-
8 programming or transfer until the report identified in sub-
9 section (a) is submitted to the congressional defense commit-
10 tees, unless the Secretary of Defense certifies in writing to
11 the congressional defense committees that such reprogram-
12 ming or transfer is necessary as an emergency requirement:
13 Provided, That this subsection shall not apply to transfers
14 from the following appropriations accounts:
15 (1) ‘‘Environmental Restoration, Army’’;
16 (2) ‘‘Environmental Restoration, Navy’’;
17 (3) ‘‘Environmental Restoration, Air Force’’;
18 (4) ‘‘Environmental Restoration, Defense-Wide’’;
19 (5) ‘‘Environmental Restoration, Formerly Used
20 Defense Sites’’; and
21 (6) ‘‘Drug Interdiction and Counter-drug Activi-
22 ties, Defense’’.
23 (TRANSFER OF FUNDS)
24 SEC. 8008. During the current fiscal year, cash bal-
25 ances in working capital funds of the Department of De-
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1 fense established pursuant to section 2208 of title 10, United
2 States Code, may be maintained in only such amounts as
3 are necessary at any time for cash disbursements to be made
4 from such funds: Provided, That transfers may be made be-
5 tween such funds: Provided further, That transfers may be
6 made between working capital funds and the ‘‘Foreign Cur-
7 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
8 ation and Maintenance’’ appropriation accounts in such
9 amounts as may be determined by the Secretary of Defense,
10 with the approval of the Office of Management and Budget,
11 except that such transfers may not be made unless the Sec-
12 retary of Defense has notified the Congress of the proposed
13 transfer: Provided further, That except in amounts equal
14 to the amounts appropriated to working capital funds in
15 this Act, no obligations may be made against a working
16 capital fund to procure or increase the value of war reserve
17 material inventory, unless the Secretary of Defense has no-
18 tified the Congress prior to any such obligation.
19 SEC. 8009. Funds appropriated by this Act may not
20 be used to initiate a special access program without prior
21 notification 30 calendar days in advance to the congres-
22 sional defense committees.
23 SEC. 8010. None of the funds provided in this Act shall
24 be available to initiate: (1) a multiyear contract that em-
25 ploys economic order quantity procurement in excess of
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1 $20,000,000 in any one year of the contract or that includes
2 an unfunded contingent liability in excess of $20,000,000;
3 or (2) a contract for advance procurement leading to a
4 multiyear contract that employs economic order quantity
5 procurement in excess of $20,000,000 in any one year, un-
6 less the congressional defense committees have been notified
7 at least 30 days in advance of the proposed contract award:
8 Provided, That no part of any appropriation contained in
9 this Act shall be available to initiate a multiyear contract
10 for which the economic order quantity advance procurement
11 is not funded at least to the limits of the Government’s li-
12 ability: Provided further, That no part of any appropria-
13 tion contained in this Act shall be available to initiate
14 multiyear procurement contracts for any systems or compo-
15 nent thereof if the value of the multiyear contract would
16 exceed $500,000,000 unless specifically provided in this Act:
17 Provided further, That no multiyear procurement contract
18 can be terminated without 30-day prior notification to the
19 congressional defense committees: Provided further, That the
20 execution of multiyear authority shall require the use of a
21 present value analysis to determine lowest cost compared
22 to an annual procurement: Provided further, That none of
23 the funds provided in this Act may be used for a multiyear
24 contract executed after the date of the enactment of this Act
25 unless in the case of any such contract—
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1 (1) the Secretary of Defense has submitted to
2 Congress a budget request for full funding of units to
3 be procured through the contract and, in the case of
4 a contract for procurement of aircraft, that includes,
5 for any aircraft unit to be procured through the con-
6 tract for which procurement funds are requested in
7 that budget request for production beyond advance
8 procurement activities in the fiscal year covered by
9 the budget, full funding of procurement of such unit
10 in that fiscal year;
11 (2) cancellation provisions in the contract do not
12 include consideration of recurring manufacturing
13 costs of the contractor associated with the production
14 of unfunded units to be delivered under the contract;
15 (3) the contract provides that payments to the
16 contractor under the contract shall not be made in
17 advance of incurred costs on funded units; and
18 (4) the contract does not provide for a price ad-
19 justment based on a failure to award a follow-on con-
20 tract.
21 Funds appropriated in title III of this Act may be used
22 for multiyear procurement contracts for the UH/HH-60M
23 Black Hawk helicopter and the AH–64E Apache helicopter.
24 SEC. 8011. Within the funds appropriated for the oper-
25 ation and maintenance of the Armed Forces, funds are here-
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1 by appropriated pursuant to section 401 of title 10, United
2 States Code, for humanitarian and civic assistance costs
3 under chapter 20 of title 10, United States Code. Such funds
4 may also be obligated for humanitarian and civic assist-
5 ance costs incidental to authorized operations and pursuant
6 to authority granted in section 401 of title 10, United
7 States Code, and these obligations shall be reported as re-
8 quired by section 401(d) of title 10, United States Code:
9 Provided, That funds available for operation and mainte-
10 nance shall be available for providing humanitarian and
11 similar assistance by using Civic Action Teams in the
12 Trust Territories of the Pacific Islands and freely associated
13 states of Micronesia, pursuant to the Compact of Free Asso-
14 ciation as authorized by Public Law 99–239: Provided fur-
15 ther, That upon a determination by the Secretary of the
16 Army that such action is beneficial for graduate medical
17 education programs conducted at Army medical facilities
18 located in Hawaii, the Secretary of the Army may author-
19 ize the provision of medical services at such facilities and
20 transportation to such facilities, on a nonreimbursable
21 basis, for civilian patients from American Samoa, the Com-
22 monwealth of the Northern Mariana Islands, the Marshall
23 Islands, the Federated States of Micronesia, Palau, and
24 Guam.
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1 SEC. 8012. (a) During the current fiscal year, the ci-
2 vilian personnel of the Department of Defense may not be
3 managed on the basis of any constraint or limitation in
4 terms of man years, end strength, full-time equivalent posi-
5 tions, or maximum number of employees, but are to be man-
6 aged solely on the basis of, and in a manner consistent
7 with—
8 (1) the total force management policies and pro-
9 cedures established under section 129a of title 10,
10 United States Code;
11 (2) the workload required to carry out the func-
12 tions and activities of the Department; and
13 (3) the funds made available to the Department
14 for such fiscal year.
15 (b) None of the funds appropriated by this Act may
16 be used to reduce the civilian workforce programmed full
17 time equivalent levels absent the appropriate analysis of the
18 impacts of these reductions on workload, military force
19 structure, lethality, readiness, operational effectiveness,
20 stress on the military force, and fully burdened costs.
21 (c) A projection of the number of full-time equivalent
22 positions shall not be considered a constraint or limitation
23 for purposes of subsection (a) and reducing funding for
24 under-execution of such a projection shall not be considered
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1 managing based on a constraint or limitation for purposes
2 of such subsection.
3 (d) The fiscal year 2023 budget request for the Depart-
4 ment of Defense, and any justification material and other
5 documentation supporting such request, shall be prepared
6 and submitted to Congress as if subsections (a) and (b) were
7 effective with respect to such fiscal year.
8 (e) Nothing in this section shall be construed to apply
9 to military (civilian) technicians.
10 SEC. 8013. None of the funds made available by this
11 Act shall be used in any way, directly or indirectly, to in-
12 fluence congressional action on any legislation or appro-
13 priation matters pending before the Congress.
14 SEC. 8014. None of the funds appropriated by this Act
15 shall be available for the basic pay and allowances of any
16 member of the Army participating as a full-time student
17 and receiving benefits paid by the Secretary of Veterans Af-
18 fairs from the Department of Defense Education Benefits
19 Fund when time spent as a full-time student is credited
20 toward completion of a service commitment: Provided, That
21 this section shall not apply to those members who have reen-
22 listed with this option prior to October 1, 1987: Provided
23 further, That this section applies only to active components
24 of the Army.
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1 (TRANSFER OF FUNDS)
2 SEC. 8015. (a) Funds appropriated in title III of this
3 Act for the Department of Defense Pilot Mentor-Protégé
4 Program may be transferred to any other appropriation
5 contained in this Act solely for the purpose of implementing
6 a Mentor-Protégé Program developmental assistance agree-
7 ment pursuant to section 831 of the National Defense Au-
8 thorization Act for Fiscal Year 1991 (Public Law 101–510;
9 10 U.S.C. 2302 note), as amended, under the authority of
10 this provision or any other transfer authority contained in
11 this Act.
12 (b) The Secretary of Defense shall include with the
13 budget justification documents in support of the budget for
14 fiscal year 2023 (as submitted to Congress pursuant to sec-
15 tion 1105 of title 31, United States Code) a description of
16 each transfer under this section that occurred during the
17 last fiscal year before the fiscal year in which such budget
18 is submitted.
19 SEC. 8016. None of the funds in this Act may be avail-
20 able for the purchase by the Department of Defense (and
21 its departments and agencies) of welded shipboard anchor
22 and mooring chain unless the anchor and mooring chain
23 are manufactured in the United States from components
24 which are substantially manufactured in the United States:
25 Provided, That for the purpose of this section, the term
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1 ‘‘manufactured’’ shall include cutting, heat treating, qual-
2 ity control, testing of chain and welding (including the
3 forging and shot blasting process): Provided further, That
4 for the purpose of this section substantially all of the compo-
5 nents of anchor and mooring chain shall be considered to
6 be produced or manufactured in the United States if the
7 aggregate cost of the components produced or manufactured
8 in the United States exceeds the aggregate cost of the compo-
9 nents produced or manufactured outside the United States:
10 Provided further, That when adequate domestic supplies are
11 not available to meet Department of Defense requirements
12 on a timely basis, the Secretary of the Service responsible
13 for the procurement may waive this restriction on a case-
14 by-case basis by certifying in writing to the Committees on
15 Appropriations of the House of Representatives and the
16 Senate that such an acquisition must be made in order to
17 acquire capability for national security purposes.
18 SEC. 8017. None of the funds appropriated by this Act
19 shall be used for the support of any nonappropriated funds
20 activity of the Department of Defense that procures malt
21 beverages and wine with nonappropriated funds for resale
22 (including such alcoholic beverages sold by the drink) on
23 a military installation located in the United States unless
24 such malt beverages and wine are procured within that
25 State, or in the case of the District of Columbia, within
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1 the District of Columbia, in which the military installation
2 is located: Provided, That, in a case in which the military
3 installation is located in more than one State, purchases
4 may be made in any State in which the installation is lo-
5 cated: Provided further, That such local procurement re-
6 quirements for malt beverages and wine shall apply to all
7 alcoholic beverages only for military installations in States
8 which are not contiguous with another State: Provided fur-
9 ther, That alcoholic beverages other than wine and malt bev-
10 erages, in contiguous States and the District of Columbia
11 shall be procured from the most competitive source, price
12 and other factors considered.
13 SEC. 8018. None of the funds available to the Depart-
14 ment of Defense may be used to demilitarize or dispose of
15 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
16 rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
17 tarize or destroy small arms ammunition or ammunition
18 components that are not otherwise prohibited from commer-
19 cial sale under Federal law, unless the small arms ammuni-
20 tion or ammunition components are certified by the Sec-
21 retary of the Army or designee as unserviceable or unsafe
22 for further use.
23 SEC. 8019. No more than $500,000 of the funds appro-
24 priated or made available in this Act shall be used during
25 a single fiscal year for any single relocation of an organiza-
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1 tion, unit, activity or function of the Department of Defense
2 into or within the National Capital Region: Provided, That
3 the Secretary of Defense may waive this restriction on a
4 case-by-case basis by certifying in writing to the congres-
5 sional defense committees that such a relocation is required
6 in the best interest of the Government.
7 SEC. 8020. In addition to the funds provided elsewhere
8 in this Act, $25,000,000 is appropriated only for incentive
9 payments authorized by section 504 of the Indian Financ-
10 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime
11 contractor or a subcontractor at any tier that makes a sub-
12 contract award to any subcontractor or supplier as defined
13 in section 1544 of title 25, United States Code, or a small
14 business owned and controlled by an individual or individ-
15 uals defined under section 4221(9) of title 25, United States
16 Code, shall be considered a contractor for the purposes of
17 being allowed additional compensation under section 504
18 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
19 whenever the prime contract or subcontract amount is over
20 $500,000 and involves the expenditure of funds appro-
21 priated by an Act making appropriations for the Depart-
22 ment of Defense with respect to any fiscal year: Provided
23 further, That notwithstanding section 1906 of title 41,
24 United States Code, this section shall be applicable to any
25 Department of Defense acquisition of supplies or services,
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1 including any contract and any subcontract at any tier for
2 acquisition of commercial items produced or manufactured,
3 in whole or in part, by any subcontractor or supplier de-
4 fined in section 1544 of title 25, United States Code, or
5 a small business owned and controlled by an individual or
6 individuals defined under section 4221(9) of title 25,
7 United States Code.
8 SEC. 8021. (a) Notwithstanding any other provision
9 of law, the Secretary of the Air Force may convey at no
10 cost to the Air Force, without consideration, to Indian
11 tribes located in the States of Nevada, Idaho, North Dakota,
12 South Dakota, Montana, Oregon, Minnesota, and Wash-
13 ington relocatable military housing units located at Grand
14 Forks Air Force Base, Malmstrom Air Force Base, Moun-
15 tain Home Air Force Base, Ellsworth Air Force Base, and
16 Minot Air Force Base that are excess to the needs of the
17 Air Force.
18 (b) The Secretary of the Air Force shall convey, at no
19 cost to the Air Force, military housing units under sub-
20 section (a) in accordance with the request for such units
21 that are submitted to the Secretary by the Operation Walk-
22 ing Shield Program on behalf of Indian tribes located in
23 the States of Nevada, Idaho, North Dakota, South Dakota,
24 Montana, Oregon, Minnesota, and Washington. Any such
25 conveyance shall be subject to the condition that the housing
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1 units shall be removed within a reasonable period of time,
2 as determined by the Secretary.
3 (c) The Operation Walking Shield Program shall re-
4 solve any conflicts among requests of Indian tribes for hous-
5 ing units under subsection (a) before submitting requests
6 to the Secretary of the Air Force under subsection (b).
7 (d) In this section, the term ‘‘Indian tribe’’ means any
8 recognized Indian tribe included on the current list pub-
9 lished by the Secretary of the Interior under section 104
10 of the Federally Recognized Indian Tribe Act of 1994 (Pub-
11 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
12 SEC. 8022. Of the funds appropriated to the Depart-
13 ment of Defense under the heading ‘‘Operation and Mainte-
14 nance, Defense-Wide’’, not less than $12,000,000 shall be
15 made available only for the mitigation of environmental
16 impacts, including training and technical assistance to
17 tribes, related administrative support, the gathering of in-
18 formation, documenting of environmental damage, and de-
19 veloping a system for prioritization of mitigation and cost
20 to complete estimates for mitigation, on Indian lands re-
21 sulting from Department of Defense activities.
22 SEC. 8023. Funds appropriated by this Act for the De-
23 fense Media Activity shall not be used for any national or
24 international political or psychological activities.
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1 SEC. 8024. None of the funds available in this Act to
2 the Department of Defense, other than appropriations made
3 for necessary or routine refurbishments, upgrades or main-
4 tenance activities, shall be used to reduce or to prepare to
5 reduce the number of deployed and non-deployed strategic
6 delivery vehicles and launchers below the levels set forth in
7 the report submitted to Congress in accordance with section
8 1042 of the National Defense Authorization Act for Fiscal
9 Year 2012.
10 SEC. 8025. Of the amounts appropriated for ‘‘Working
11 Capital Fund, Army’’, $115,000,000 shall be available to
12 maintain competitive rates at the arsenals.
13 SEC. 8026. (a) Of the funds made available in this
14 Act, not less than $60,500,000 shall be available for the
15 Civil Air Patrol Corporation, of which—
16 (1) $47,300,000 shall be available from ‘‘Oper-
17 ation and Maintenance, Air Force’’ to support Civil
18 Air Patrol Corporation operation and maintenance,
19 readiness, counter-drug activities, and drug demand
20 reduction activities involving youth programs;
21 (2) $11,400,000 shall be available from ‘‘Aircraft
22 Procurement, Air Force’’; and
23 (3) $1,800,000 shall be available from ‘‘Other
24 Procurement, Air Force’’ for vehicle procurement.
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1 (b) The Secretary of the Air Force should waive reim-
2 bursement for any funds used by the Civil Air Patrol for
3 counter-drug activities in support of Federal, State, and
4 local government agencies.
5 SEC. 8027. (a) None of the funds appropriated in this
6 Act are available to establish a new Department of Defense
7 (department) federally funded research and development
8 center (FFRDC), either as a new entity, or as a separate
9 entity administrated by an organization managing another
10 FFRDC, or as a nonprofit membership corporation con-
11 sisting of a consortium of other FFRDCs and other non-
12 profit entities.
13 (b) No member of a Board of Directors, Trustees, Over-
14 seers, Advisory Group, Special Issues Panel, Visiting Com-
15 mittee, or any similar entity of a defense FFRDC, and no
16 paid consultant to any defense FFRDC, except when acting
17 in a technical advisory capacity, may be compensated for
18 his or her services as a member of such entity, or as a paid
19 consultant by more than one FFRDC in a fiscal year: Pro-
20 vided, That a member of any such entity referred to pre-
21 viously in this subsection shall be allowed travel expenses
22 and per diem as authorized under the Federal Joint Travel
23 Regulations, when engaged in the performance of member-
24 ship duties.
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1 (c) Notwithstanding any other provision of law, none
2 of the funds available to the department from any source
3 during the current fiscal year may be used by a defense
4 FFRDC, through a fee or other payment mechanism, for
5 construction of new buildings not located on a military in-
6 stallation, for payment of cost sharing for projects funded
7 by Government grants, for absorption of contract overruns,
8 or for certain charitable contributions, not to include em-
9 ployee participation in community service and/or develop-
10 ment.
11 (d) Notwithstanding any other provision of law, of the
12 funds available to the department during fiscal year 2022,
13 not more than 6,119 staff years of technical effort (staff
14 years) may be funded for defense FFRDCs: Provided, That
15 within such funds for 6,119 staff years, funds shall be avail-
16 able only for 1,148 staff years for the defense studies and
17 analysis FFRDCs: Provided further, That this subsection
18 shall not apply to staff years funded in the National Intel-
19 ligence Program and the Military Intelligence Program:
20 Provided further, That the limit on staff years in the matter
21 preceding the first proviso in this subsection may be in-
22 creased to 6,184, from within funds available to the Depart-
23 ment during fiscal year 2022, no sooner than 60 days after
24 the Secretary of Defense submits in writing to the congres-
25 sional defense committees—
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1 (1) a complete breakdown of actual staff years by
2 program and primary sponsor for fiscal years 2020
3 and 2021;
4 (2) a complete breakdown of the estimated 6,184
5 staff years by program and primary sponsor for fiscal
6 year 2022;
7 (3) a list of corrective actions planned and im-
8 plemented following the 2019 Under Secretary of De-
9 fense (Research and Engineering)-led FFRDC man-
10 agement review regarding the implementation of a
11 strategic management process and continued inde-
12 pendence of defense FFRDCs; and
13 (4) a plan to commission a near-term inde-
14 pendent review and assessment of current FFRDC
15 and potentially competitive non-FFRDC entities’ core
16 competencies as compared to new or emerging re-
17 quirements:
18 Provided further, That the Secretary of Defense shall pro-
19 vide a plan to commission a near-term independent review
20 of current Department of Defense and military service
21 workforce core competencies as compared to new or emerg-
22 ing requirements, to include a review of current and pro-
23 posed workforce development, talent management, and pro-
24 fessional military education initiatives and career options
25 by June 15, 2022.
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1 (e) The Secretary of Defense shall, with the submission
2 of the department’s fiscal year 2023 budget request, submit
3 a report presenting the specific amounts of staff years of
4 technical effort to be allocated for each defense FFRDC by
5 program during that fiscal year and the associated budget
6 estimates.
7 (f) Notwithstanding any other provision of this Act,
8 the total amount appropriated in this Act for FFRDCs is
9 hereby reduced by $63,840,000: Provided, That this sub-
10 section shall not apply to appropriations for the National
11 Intelligence Program and Military Intelligence Program.
12 SEC. 8028. For the purposes of this Act, the term ‘‘con-
13 gressional defense committees’’ means the Armed Services
14 Committee of the House of Representatives, the Armed Serv-
15 ices Committee of the Senate, the Subcommittee on Defense
16 of the Committee on Appropriations of the Senate, and the
17 Subcommittee on Defense of the Committee on Appropria-
18 tions of the House of Representatives.
19 SEC. 8029. For the purposes of this Act, the term ‘‘con-
20 gressional intelligence committees’’ means the Permanent
21 Select Committee on Intelligence of the House of Represent-
22 atives, the Select Committee on Intelligence of the Senate,
23 the Subcommittee on Defense of the Committee on Appro-
24 priations of the House of Representatives, and the Sub-
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1 committee on Defense of the Committee on Appropriations
2 of the Senate.
3 SEC. 8030. During the current fiscal year, the Depart-
4 ment of Defense may acquire the modification, depot main-
5 tenance and repair of aircraft, vehicles and vessels as well
6 as the production of components and other Defense-related
7 articles, through competition between Department of De-
8 fense depot maintenance activities and private firms: Pro-
9 vided, That the Senior Acquisition Executive of the military
10 department or Defense Agency concerned, with power of del-
11 egation, shall certify that successful bids include comparable
12 estimates of all direct and indirect costs for both public and
13 private bids: Provided further, That Office of Management
14 and Budget Circular A–76 shall not apply to competitions
15 conducted under this section.
16 SEC. 8031. (a) None of the funds appropriated in this
17 Act may be expended by an entity of the Department of
18 Defense unless the entity, in expending the funds, complies
19 with the Buy American Act. For purposes of this subsection,
20 the term ‘‘Buy American Act’’ means chapter 83 of title
21 41, United States Code.
22 (b) If the Secretary of Defense determines that a person
23 has been convicted of intentionally affixing a label bearing
24 a ‘‘Made in America’’ inscription to any product sold in
25 or shipped to the United States that is not made in Amer-
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1 ica, the Secretary shall determine, in accordance with sec-
2 tion 2410f of title 10, United States Code, whether the per-
3 son should be debarred from contracting with the Depart-
4 ment of Defense.
5 (c) In the case of any equipment or products purchased
6 with appropriations provided under this Act, it is the sense
7 of the Congress that any entity of the Department of De-
8 fense, in expending the appropriation, purchase only Amer-
9 ican-made equipment and products, provided that Amer-
10 ican-made equipment and products are cost-competitive,
11 quality competitive, and available in a timely fashion.
12 SEC. 8032. None of the funds appropriated or made
13 available in this Act shall be used to procure carbon, alloy,
14 or armor steel plate for use in any Government-owned facil-
15 ity or property under the control of the Department of De-
16 fense which were not melted and rolled in the United States
17 or Canada: Provided, That these procurement restrictions
18 shall apply to any and all Federal Supply Class 9515,
19 American Society of Testing and Materials (ASTM) or
20 American Iron and Steel Institute (AISI) specifications of
21 carbon, alloy or armor steel plate: Provided further, That
22 the Secretary of the military department responsible for the
23 procurement may waive this restriction on a case-by-case
24 basis by certifying in writing to the Committees on Appro-
25 priations of the House of Representatives and the Senate
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1 that adequate domestic supplies are not available to meet
2 Department of Defense requirements on a timely basis and
3 that such an acquisition must be made in order to acquire
4 capability for national security purposes: Provided further,
5 That these restrictions shall not apply to contracts which
6 are in being as of the date of the enactment of this Act.
7 SEC. 8033. (a)(1) If the Secretary of Defense, after con-
8 sultation with the United States Trade Representative, de-
9 termines that a foreign country which is party to an agree-
10 ment described in paragraph (2) has violated the terms of
11 the agreement by discriminating against certain types of
12 products produced in the United States that are covered by
13 the agreement, the Secretary of Defense shall rescind the
14 Secretary’s blanket waiver of the Buy American Act with
15 respect to such types of products produced in that foreign
16 country.
17 (2) An agreement referred to in paragraph (1) is any
18 reciprocal defense procurement memorandum of under-
19 standing, between the United States and a foreign country
20 pursuant to which the Secretary of Defense has prospec-
21 tively waived the Buy American Act for certain products
22 in that country.
23 (b) The Secretary of Defense shall submit to the Con-
24 gress a report on the amount of Department of Defense pur-
25 chases from foreign entities in fiscal year 2022. Such report
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1 shall separately indicate the dollar value of items for which
2 the Buy American Act was waived pursuant to any agree-
3 ment described in subsection (a)(2), the Trade Agreements
4 Act of 1979 (19 U.S.C. 2501 et seq.), or any international
5 agreement to which the United States is a party.
6 (c) For purposes of this section, the term ‘‘Buy Amer-
7 ican Act’’ means chapter 83 of title 41, United States Code.
8 SEC. 8034. None of the funds appropriated by this Act
9 may be used for the procurement of ball and roller bearings
10 other than those produced by a domestic source and of do-
11 mestic origin: Provided, That the Secretary of the military
12 department responsible for such procurement may waive
13 this restriction on a case-by-case basis by certifying in writ-
14 ing to the Committees on Appropriations of the House of
15 Representatives and the Senate, that adequate domestic
16 supplies are not available to meet Department of Defense
17 requirements on a timely basis and that such an acquisition
18 must be made in order to acquire capability for national
19 security purposes: Provided further, That this restriction
20 shall not apply to the purchase of ‘‘commercial products’’,
21 as defined by section 103 of title 41, United States Code,
22 except that the restriction shall apply to ball or roller bear-
23 ings purchased as end items.
24 SEC. 8035. In addition to any other funds made avail-
25 able for such purposes, including pursuant to section 98h
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1 of title 50, United States Code, or elsewhere in this Act,
2 there is appropriated $125,000,000, for an additional
3 amount for ‘‘National Defense Stockpile Transaction
4 Fund’’, to remain available until September 30, 2024,
5 which shall only be used for the acquisition and retention
6 of certain materials, as specified in the classified annex ac-
7 companying this Act: Provided, That none of the funds pro-
8 vided under this section may be obligated or expended until
9 90 days after the Secretary of Defense provides the congres-
10 sional defense committees a detailed execution plan for these
11 funds.
12 SEC. 8036. None of the funds in this Act may be used
13 to purchase any supercomputer which is not manufactured
14 in the United States, unless the Secretary of Defense cer-
15 tifies to the congressional defense committees that such an
16 acquisition must be made in order to acquire capability for
17 national security purposes that is not available from
18 United States manufacturers.
19 SEC. 8037. (a) The Secretary of Defense may, on a
20 case-by-case basis, waive with respect to a foreign country
21 each limitation on the procurement of defense items from
22 foreign sources provided in law if the Secretary determines
23 that the application of the limitation with respect to that
24 country would invalidate cooperative programs entered into
25 between the Department of Defense and the foreign country,
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1 or would invalidate reciprocal trade agreements for the pro-
2 curement of defense items entered into under section 2531
3 of title 10, United States Code, and the country does not
4 discriminate against the same or similar defense items pro-
5 duced in the United States for that country.
6 (b) Subsection (a) applies with respect to—
7 (1) contracts and subcontracts entered into on or
8 after the date of the enactment of this Act; and
9 (2) options for the procurement of items that are
10 exercised after such date under contracts that are en-
11 tered into before such date if the option prices are ad-
12 justed for any reason other than the application of a
13 waiver granted under subsection (a).
14 (c) Subsection (a) does not apply to a limitation re-
15 garding construction of public vessels, ball and roller bear-
16 ings, food, and clothing or textile materials as defined by
17 section XI (chapters 50–65) of the Harmonized Tariff
18 Schedule of the United States and products classified under
19 headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
20 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502
21 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
22 SEC. 8038. None of the funds made available in this
23 Act, or any subsequent Act making appropriations for the
24 Department of Defense, may be used for the purchase or
25 manufacture of a flag of the United States unless such flags
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1 are treated as covered items under section 2533a(b) of title
2 10, United States Code.
3 SEC. 8039. During the current fiscal year, amounts
4 contained in the Department of Defense Overseas Military
5 Facility Investment Recovery Account shall be available
6 until expended for the payments specified by section
7 2687a(b)(2) of title 10, United States Code.
8 SEC. 8040. During the current fiscal year, appropria-
9 tions which are available to the Department of Defense for
10 operation and maintenance may be used to purchase items
11 having an investment item unit cost of not more than
12 $250,000: Provided, That upon determination by the Sec-
13 retary of Defense that such action is necessary to meet the
14 operational requirements of a Commander of a Combatant
15 Command engaged in a named contingency operation over-
16 seas, such funds may be used to purchase items having an
17 investment item unit cost of not more than $500,000.
18 SEC. 8041. Amounts appropriated or otherwise made
19 available to the Department of Defense in this Act, may
20 not be obligated or expended for the retirement or divesti-
21 ture of the RQ–4 Global Hawk Block 40 aircraft: Provided,
22 That the Secretary of the Air Force is prohibited from de-
23 activating the corresponding squadrons responsible for the
24 operations of the aforementioned aircraft.
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1 SEC. 8042. Up to $11,120,000 of the funds appro-
2 priated under the heading ‘‘Operation and Maintenance,
3 Navy’’ may be made available for the Asia Pacific Regional
4 Initiative Program for the purpose of enabling the United
5 States Indo-Pacific Command to execute Theater Security
6 Cooperation activities such as humanitarian assistance,
7 and payment of incremental and personnel costs of training
8 and exercising with foreign security forces: Provided, That
9 funds made available for this purpose may be used, notwith-
10 standing any other funding authorities for humanitarian
11 assistance, security assistance or combined exercise ex-
12 penses: Provided further, That funds may not be obligated
13 to provide assistance to any foreign country that is other-
14 wise prohibited from receiving such type of assistance under
15 any other provision of law.
16 SEC. 8043. The Secretary of Defense shall issue regula-
17 tions to prohibit the sale of any tobacco or tobacco-related
18 products in military resale outlets in the United States, its
19 territories and possessions at a price below the most com-
20 petitive price in the local community: Provided, That such
21 regulations shall direct that the prices of tobacco or tobacco-
22 related products in overseas military retail outlets shall be
23 within the range of prices established for military retail
24 system stores located in the United States.
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1 SEC. 8044. (a) During the current fiscal year, none
2 of the appropriations or funds available to the Department
3 of Defense Working Capital Funds shall be used for the pur-
4 chase of an investment item for the purpose of acquiring
5 a new inventory item for sale or anticipated sale during
6 the current fiscal year or a subsequent fiscal year to cus-
7 tomers of the Department of Defense Working Capital
8 Funds if such an item would not have been chargeable to
9 the Department of Defense Business Operations Fund dur-
10 ing fiscal year 1994 and if the purchase of such an invest-
11 ment item would be chargeable during the current fiscal
12 year to appropriations made to the Department of Defense
13 for procurement.
14 (b) The fiscal year 2023 budget request for the Depart-
15 ment of Defense as well as all justification material and
16 other documentation supporting the fiscal year 2023 De-
17 partment of Defense budget shall be prepared and submitted
18 to the Congress on the basis that any equipment which was
19 classified as an end item and funded in a procurement ap-
20 propriation contained in this Act shall be budgeted for in
21 a proposed fiscal year 2023 procurement appropriation and
22 not in the supply management business area or any other
23 area or category of the Department of Defense Working
24 Capital Funds.
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1 SEC. 8045. None of the funds appropriated by this Act
2 for programs of the Central Intelligence Agency shall re-
3 main available for obligation beyond the current fiscal year,
4 except for funds appropriated for the Reserve for Contin-
5 gencies, which shall remain available until September 30,
6 2023: Provided, That funds appropriated, transferred, or
7 otherwise credited to the Central Intelligence Agency Cen-
8 tral Services Working Capital Fund during this or any
9 prior or subsequent fiscal year shall remain available until
10 expended: Provided further, That any funds appropriated
11 or transferred to the Central Intelligence Agency for ad-
12 vanced research and development acquisition, for agent op-
13 erations, and for covert action programs authorized by the
14 President under section 503 of the National Security Act
15 of 1947 (50 U.S.C. 3093) shall remain available until Sep-
16 tember 30, 2023: Provided further, That any funds appro-
17 priated or transferred to the Central Intelligence Agency for
18 the construction, improvement, or alteration of facilities,
19 including leased facilities, to be used primarily by per-
20 sonnel of the intelligence community shall remain available
21 until September 30, 2024.
22 SEC. 8046. (a) Except as provided in subsections (b)
23 and (c), none of the funds made available by this Act may
24 be used—
25 (1) to establish a field operating agency; or
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1 (2) to pay the basic pay of a member of the
2 Armed Forces or civilian employee of the department
3 who is transferred or reassigned from a headquarters
4 activity if the member or employee’s place of duty re-
5 mains at the location of that headquarters.
6 (b) The Secretary of Defense or Secretary of a military
7 department may waive the limitations in subsection (a),
8 on a case-by-case basis, if the Secretary determines, and cer-
9 tifies to the Committees on Appropriations of the House of
10 Representatives and the Senate that the granting of the
11 waiver will reduce the personnel requirements or the finan-
12 cial requirements of the department.
13 (c) This section does not apply to—
14 (1) field operating agencies funded within the
15 National Intelligence Program;
16 (2) an Army field operating agency established
17 to eliminate, mitigate, or counter the effects of impro-
18 vised explosive devices, and, as determined by the Sec-
19 retary of the Army, other similar threats;
20 (3) an Army field operating agency established
21 to improve the effectiveness and efficiencies of biomet-
22 ric activities and to integrate common biometric tech-
23 nologies throughout the Department of Defense; or
24 (4) an Air Force field operating agency estab-
25 lished to administer the Air Force Mortuary Affairs
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1 Program and Mortuary Operations for the Depart-
2 ment of Defense and authorized Federal entities.
3 SEC. 8047. (a) None of the funds appropriated by this
4 Act shall be available to convert to contractor performance
5 an activity or function of the Department of Defense that,
6 on or after the date of the enactment of this Act, is per-
7 formed by Department of Defense civilian employees un-
8 less—
9 (1) the conversion is based on the result of a pub-
10 lic-private competition that includes a most efficient
11 and cost effective organization plan developed by such
12 activity or function;
13 (2) the Competitive Sourcing Official determines
14 that, over all performance periods stated in the solici-
15 tation of offers for performance of the activity or
16 function, the cost of performance of the activity or
17 function by a contractor would be less costly to the
18 Department of Defense by an amount that equals or
19 exceeds the lesser of—
20 (A) 10 percent of the most efficient organi-
21 zation’s personnel-related costs for performance
22 of that activity or function by Federal employ-
23 ees; or
24 (B) $10,000,000; and
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1 (3) the contractor does not receive an advantage
2 for a proposal that would reduce costs for the Depart-
3 ment of Defense by—
4 (A) not making an employer-sponsored
5 health insurance plan available to the workers
6 who are to be employed in the performance of
7 that activity or function under the contract; or
8 (B) offering to such workers an employer-
9 sponsored health benefits plan that requires the
10 employer to contribute less towards the premium
11 or subscription share than the amount that is
12 paid by the Department of Defense for health
13 benefits for civilian employees under chapter 89
14 of title 5, United States Code.
15 (b)(1) The Department of Defense, without regard to
16 subsection (a) of this section or subsection (a), (b), or (c)
17 of section 2461 of title 10, United States Code, and notwith-
18 standing any administrative regulation, requirement, or
19 policy to the contrary shall have full authority to enter into
20 a contract for the performance of any commercial or indus-
21 trial type function of the Department of Defense that—
22 (A) is included on the procurement list estab-
23 lished pursuant to section 2 of the Javits-Wagner-
24 O’Day Act (section 8503 of title 41, United States
25 Code);
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1 (B) is planned to be converted to performance by
2 a qualified nonprofit agency for the blind or by a
3 qualified nonprofit agency for other severely handi-
4 capped individuals in accordance with that Act; or
5 (C) is planned to be converted to performance by
6 a qualified firm under at least 51 percent ownership
7 by an Indian tribe, as defined in section 4(e) of the
8 Indian Self-Determination and Education Assistance
9 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
10 nization, as defined in section 8(a)(15) of the Small
11 Business Act (15 U.S.C. 637(a)(15)).
12 (2) This section shall not apply to depot contracts or
13 contracts for depot maintenance as provided in sections
14 2469 and 2474 of title 10, United States Code.
15 (c) The conversion of any activity or function of the
16 Department of Defense under the authority provided by this
17 section shall be credited toward any competitive or out-
18 sourcing goal, target, or measurement that may be estab-
19 lished by statute, regulation, or policy and is deemed to
20 be awarded under the authority of, and in compliance with,
21 subsection (h) of section 2304 of title 10, United States
22 Code, for the competition or outsourcing of commercial ac-
23 tivities.
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1 (RESCISSIONS)
2 SEC. 8048. Of the funds appropriated in Department
3 of Defense Appropriations Acts, the following funds are
4 hereby rescinded from the following accounts and programs
5 in the specified amounts: Provided, That no amounts may
6 be rescinded from amounts that were designated by the Con-
7 gress as an emergency requirement pursuant to a concur-
8 rent resolution on the budget or the Balanced Budget and
9 Emergency Deficit Control Act of 1985:
10 ‘‘Missile Procurement, Army’’, 2020/2022,
11 $6,953,000;
12 ‘‘Procurement of Weapons and Tracked Combat
13 Vehicles, Army’’, 2020/2022, $4,500,000;
14 ‘‘Other Procurement, Army’’, 2020/2022,
15 $13,000,000;
16 ‘‘Other Procurement, Navy’’, 2020/2022,
17 $3,500,000;
18 ‘‘Aircraft Procurement, Air Force’’, 2020/2022,
19 $153,485,000;
20 ‘‘Missile Procurement, Air Force’’, 2020/2022,
21 $40,000,000;
22 ‘‘Other Procurement, Air Force’’, 2020/2022,
23 $38,000,000;
24 ‘‘Operation and Maintenance, Defense-Wide’’,
25 2021/2022, $101,000,000;
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1 ‘‘Afghanistan Security Forces Fund’’, 2021/2022,
2 $700,000,000;
3 ‘‘Counter-ISIS Train and Equip Fund’’, 2021/
4 2022, $250,000,000;
5 ‘‘Aircraft Procurement, Army’’, 2021/2023,
6 $5,000,000;
7 ‘‘Procurement of Weapons and Tracked Combat
8 Vehicles, Army’’, 2021/2023, $4,533,000;
9 ‘‘Procurement of Ammunition, Army’’, 2021/
10 2023, $64,754,000;
11 ‘‘Other Procurement, Army’’, 2021/2023,
12 $3,177,000;
13 ‘‘Aircraft Procurement, Navy’’, 2021/2023,
14 $51,782,000;
15 ‘‘Weapons Procurement, Navy’’, 2021/2023,
16 $37,035,000;
17 ‘‘Procurement of Ammunition, Navy and Marine
18 Corps’’, 2021/2023, $5,194,000;
19 ‘‘Shipbuilding and Conversion, Navy: DDG–51
20 Destroyer (AP)’’, 2021/2025, $130,000,000;
21 ‘‘Other Procurement, Navy’’, 2021/2023,
22 $49,325,000;
23 ‘‘Procurement, Marine Corps’’, 2021/2023,
24 $80,109,000;
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1 ‘‘Aircraft Procurement, Air Force’’, 2021/2023,
2 $690,775,000;
3 ‘‘Procurement, Space Force’’, 2021/2023,
4 $35,700,000;
5 ‘‘Procurement of Ammunition, Air Force’’, 2021/
6 2023, $351,689,000;
7 ‘‘Other Procurement, Air Force’’, 2021/2023,
8 $79,390,000;
9 ‘‘Research, Development, Test and Evaluation,
10 Army’’, 2021/2022, $79,585,000;
11 ‘‘Research, Development, Test and Evaluation,
12 Navy’’, 2021/2022, $68,022,000;
13 ‘‘Research, Development, Test and Evaluation,
14 Space Force’’, 2021/2022, $120,500,000;
15 ‘‘Research, Development, Test and Evaluation,
16 Defense-Wide’’, 2021/2022, $108,717,000; and
17 ‘‘Defense Counterintelligence and Security Agen-
18 cy Working Capital Fund’’, 2021/XXXX, $30,000,000.
19 SEC. 8049. None of the funds available in this Act may
20 be used to reduce the authorized positions for military tech-
21 nicians (dual status) of the Army National Guard, Air Na-
22 tional Guard, Army Reserve and Air Force Reserve for the
23 purpose of applying any administratively imposed civilian
24 personnel ceiling, freeze, or reduction on military techni-
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1 cians (dual status), unless such reductions are a direct re-
2 sult of a reduction in military force structure.
3 SEC. 8050. None of the funds appropriated or other-
4 wise made available in this Act may be obligated or ex-
5 pended for assistance to the Democratic People’s Republic
6 of Korea unless specifically appropriated for that purpose:
7 Provided, That this restriction shall not apply to any ac-
8 tivities incidental to the Defense POW/MIA Accounting
9 Agency mission to recover and identify the remains of
10 United States Armed Forces personnel from the Democratic
11 People’s Republic of Korea.
12 SEC. 8051. Funds appropriated in this Act for oper-
13 ation and maintenance of the Military Departments, Com-
14 batant Commands and Defense Agencies shall be available
15 for reimbursement of pay, allowances and other expenses
16 which would otherwise be incurred against appropriations
17 for the National Guard and Reserve when members of the
18 National Guard and Reserve provide intelligence or coun-
19 terintelligence support to Combatant Commands, Defense
20 Agencies and Joint Intelligence Activities, including the ac-
21 tivities and programs included within the National Intel-
22 ligence Program and the Military Intelligence Program:
23 Provided, That nothing in this section authorizes deviation
24 from established Reserve and National Guard personnel and
25 training procedures.
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1 SEC. 8052. (a) None of the funds available to the De-
2 partment of Defense for any fiscal year for drug interdic-
3 tion or counter-drug activities may be transferred to any
4 other department or agency of the United States except as
5 specifically provided in an appropriations law.
6 (b) None of the funds available to the Central Intel-
7 ligence Agency for any fiscal year for drug interdiction or
8 counter-drug activities may be transferred to any other de-
9 partment or agency of the United States except as specifi-
10 cally provided in an appropriations law.
11 SEC. 8053. In addition to the amounts appropriated
12 or otherwise made available elsewhere in this Act,
13 $49,000,000 is hereby appropriated to the Department of
14 Defense: Provided, That upon the determination of the Sec-
15 retary of Defense that it shall serve the national interest,
16 the Secretary shall make grants in the amounts specified
17 as follows: $24,000,000 to the United Service Organizations
18 and $25,000,000 to the Red Cross.
19 SEC. 8054. Notwithstanding any other provision in
20 this Act, the Small Business Innovation Research program
21 and the Small Business Technology Transfer program set-
22 asides shall be taken proportionally from all programs,
23 projects, or activities to the extent they contribute to the
24 extramural budget. The Secretary of each military depart-
25 ment, the Director of each Defense Agency, and the head
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1 of each other relevant component of the Department of De-
2 fense shall submit to the congressional defense committees,
3 concurrent with submission of the budget justification docu-
4 ments to Congress pursuant to section 1105 of title 31,
5 United States Code, a report with a detailed accounting
6 of the Small Business Innovation Research program and
7 the Small Business Technology Transfer program set-asides
8 taken from programs, projects, or activities within such de-
9 partment, agency, or component during the most recently
10 completed fiscal year.
11 SEC. 8055. None of the funds available to the Depart-
12 ment of Defense under this Act shall be obligated or ex-
13 pended to pay a contractor under a contract with the De-
14 partment of Defense for costs of any amount paid by the
15 contractor to an employee when—
16 (1) such costs are for a bonus or otherwise in ex-
17 cess of the normal salary paid by the contractor to the
18 employee; and
19 (2) such bonus is part of restructuring costs asso-
20 ciated with a business combination.
21 (INCLUDING TRANSFER OF FUNDS)
22 SEC. 8056. During the current fiscal year, no more
23 than $30,000,000 of appropriations made in this Act under
24 the heading ‘‘Operation and Maintenance, Defense-Wide’’
25 may be transferred to appropriations available for the pay
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1 of military personnel, to be merged with, and to be available
2 for the same time period as the appropriations to which
3 transferred, to be used in support of such personnel in con-
4 nection with support and services for eligible organizations
5 and activities outside the Department of Defense pursuant
6 to section 2012 of title 10, United States Code.
7 SEC. 8057. During the current fiscal year, in the case
8 of an appropriation account of the Department of Defense
9 for which the period of availability for obligation has ex-
10 pired or which has closed under the provisions of section
11 1552 of title 31, United States Code, and which has a nega-
12 tive unliquidated or unexpended balance, an obligation or
13 an adjustment of an obligation may be charged to any cur-
14 rent appropriation account for the same purpose as the ex-
15 pired or closed account if—
16 (1) the obligation would have been properly
17 chargeable (except as to amount) to the expired or
18 closed account before the end of the period of avail-
19 ability or closing of that account;
20 (2) the obligation is not otherwise properly
21 chargeable to any current appropriation account of
22 the Department of Defense; and
23 (3) in the case of an expired account, the obliga-
24 tion is not chargeable to a current appropriation of
25 the Department of Defense under the provisions of sec-
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1 tion 1405(b)(8) of the National Defense Authorization
2 Act for Fiscal Year 1991, Public Law 101–510, as
3 amended (31 U.S.C. 1551 note): Provided, That in
4 the case of an expired account, if subsequent review
5 or investigation discloses that there was not in fact a
6 negative unliquidated or unexpended balance in the
7 account, any charge to a current account under the
8 authority of this section shall be reversed and re-
9 corded against the expired account: Provided further,
10 That the total amount charged to a current appro-
11 priation under this section may not exceed an
12 amount equal to 1 percent of the total appropriation
13 for that account:
14 Provided, That the Under Secretary of Defense (Comp-
15 troller) shall include with the budget of the President for
16 fiscal year 2023 (as submitted to Congress pursuant to sec-
17 tion 1105 of title 31, United States Code) a statement de-
18 scribing each instance if any, during each of the fiscal years
19 2016 through 2022 in which the authority in this section
20 was exercised.
21 SEC. 8058. (a) Notwithstanding any other provision
22 of law, the Chief of the National Guard Bureau may permit
23 the use of equipment of the National Guard Distance Learn-
24 ing Project by any person or entity on a space-available,
25 reimbursable basis. The Chief of the National Guard Bu-
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1 reau shall establish the amount of reimbursement for such
2 use on a case-by-case basis.
3 (b) Amounts collected under subsection (a) shall be
4 credited to funds available for the National Guard Distance
5 Learning Project and be available to defray the costs associ-
6 ated with the use of equipment of the project under that
7 subsection. Such funds shall be available for such purposes
8 without fiscal year limitation.
9 (INCLUDING TRANSFER OF FUNDS)
10 SEC. 8059. Of the funds appropriated in this Act
11 under the heading ‘‘Operation and Maintenance, Defense-
12 Wide’’, $47,000,000 shall be for continued implementation
13 and expansion of the Sexual Assault Special Victims’ Coun-
14 sel Program: Provided, That the funds are made available
15 for transfer to the Department of the Army, the Department
16 of the Navy, and the Department of the Air Force: Provided
17 further, That funds transferred shall be merged with and
18 available for the same purposes and for the same time pe-
19 riod as the appropriations to which the funds are trans-
20 ferred: Provided further, That this transfer authority is in
21 addition to any other transfer authority provided in this
22 Act.
23 SEC. 8060. None of the funds appropriated in title IV
24 of this Act may be used to procure end-items for delivery
25 to military forces for operational training, operational use
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1 or inventory requirements: Provided, That this restriction
2 does not apply to end-items used in development, proto-
3 typing, and test activities preceding and leading to accept-
4 ance for operational use: Provided further, That this restric-
5 tion does not apply to programs funded within the National
6 Intelligence Program: Provided further, That the Secretary
7 of Defense shall, at the time of the submittal to Congress
8 of the budget of the President for fiscal year 2023 pursuant
9 to section 1105 of title 31, United States Code, submit to
10 the congressional defense committees a report detailing the
11 use of funds requested in research, development, test and
12 evaluation accounts for end-items used in development,
13 prototyping and test activities preceding and leading to ac-
14 ceptance for operational use: Provided further, That the re-
15 port shall set forth, for each end-item covered by the pre-
16 ceding proviso, a detailed list of the statutory authorities
17 under which amounts in the accounts described in that pro-
18 viso were used for such item: Provided further, That the
19 Secretary of Defense shall, at the time of the submittal to
20 Congress of the budget of the President for fiscal year 2023
21 pursuant to section 1105 of title 31, United States Code,
22 submit to the congressional defense committees a certifi-
23 cation that funds requested for fiscal year 2023 in research,
24 development, test and evaluation are in compliance with
25 this section: Provided further, That the Secretary of Defense
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1 may waive this restriction on a case-by-case basis by certi-
2 fying in writing to the Committees on Appropriations of
3 the House of Representatives and the Senate that it is in
4 the national security interest to do so.
5 SEC. 8061. None of the funds appropriated or other-
6 wise made available by this or other Department of Defense
7 Appropriations Acts may be obligated or expended for the
8 purpose of performing repairs or maintenance to military
9 family housing units of the Department of Defense, includ-
10 ing areas in such military family housing units that may
11 be used for the purpose of conducting official Department
12 of Defense business.
13 SEC. 8062. Notwithstanding any other provision of
14 law, funds appropriated in this Act under the heading ‘‘Re-
15 search, Development, Test and Evaluation, Defense-Wide’’
16 for any new start advanced concept technology demonstra-
17 tion project or joint capability demonstration project may
18 only be obligated 45 days after a report, including a de-
19 scription of the project, the planned acquisition and transi-
20 tion strategy and its estimated annual and total cost, has
21 been provided in writing to the congressional defense com-
22 mittees: Provided, That the Secretary of Defense may waive
23 this restriction on a case-by-case basis by certifying to the
24 congressional defense committees that it is in the national
25 interest to do so.
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1 SEC. 8063. The Secretary of Defense shall continue to
2 provide a classified quarterly report to the Committees on
3 Appropriations of the House of Representatives and the
4 Senate, Subcommittees on Defense on certain matters as di-
5 rected in the classified annex accompanying this Act.
6 SEC. 8064. Notwithstanding section 12310(b) of title
7 10, United States Code, a Reserve who is a member of the
8 National Guard serving on full-time National Guard duty
9 under section 502(f) of title 32, United States Code, may
10 perform duties in support of the ground-based elements of
11 the National Ballistic Missile Defense System.
12 SEC. 8065. None of the funds provided in this Act may
13 be used to transfer to any nongovernmental entity ammuni-
14 tion held by the Department of Defense that has a center-
15 fire cartridge and a United States military nomenclature
16 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,
17 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
18 cendiary tracer (API–T)’’, except to an entity performing
19 demilitarization services for the Department of Defense
20 under a contract that requires the entity to demonstrate to
21 the satisfaction of the Department of Defense that armor
22 piercing projectiles are either: (1) rendered incapable of
23 reuse by the demilitarization process; or (2) used to manu-
24 facture ammunition pursuant to a contract with the De-
25 partment of Defense or the manufacture of ammunition for
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1 export pursuant to a License for Permanent Export of Un-
2 classified Military Articles issued by the Department of
3 State.
4 SEC. 8066. Notwithstanding any other provision of
5 law, the Chief of the National Guard Bureau, or his des-
6 ignee, may waive payment of all or part of the consider-
7 ation that otherwise would be required under section 2667
8 of title 10, United States Code, in the case of a lease of
9 personal property for a period not in excess of 1 year to
10 any organization specified in section 508(d) of title 32,
11 United States Code, or any other youth, social, or fraternal
12 nonprofit organization as may be approved by the Chief
13 of the National Guard Bureau, or his designee, on a case-
14 by-case basis.
15 (INCLUDING TRANSFER OF FUNDS)
16 SEC. 8067. Of the amounts appropriated in this Act
17 under the heading ‘‘Operation and Maintenance, Army’’,
18 $152,925,875 shall remain available until expended: Pro-
19 vided, That, notwithstanding any other provision of law,
20 the Secretary of Defense is authorized to transfer such funds
21 to other activities of the Federal Government: Provided fur-
22 ther, That the Secretary of Defense is authorized to enter
23 into and carry out contracts for the acquisition of real
24 property, construction, personal services, and operations re-
25 lated to projects carrying out the purposes of this section:
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1 Provided further, That contracts entered into under the au-
2 thority of this section may provide for such indemnification
3 as the Secretary determines to be necessary: Provided fur-
4 ther, That projects authorized by this section shall comply
5 with applicable Federal, State, and local law to the max-
6 imum extent consistent with the national security, as deter-
7 mined by the Secretary of Defense.
8 SEC. 8068. (a) None of the funds appropriated in this
9 or any other Act may be used to take any action to mod-
10 ify—
11 (1) the appropriations account structure for the
12 National Intelligence Program budget, including
13 through the creation of a new appropriation or new
14 appropriation account;
15 (2) how the National Intelligence Program budg-
16 et request is presented in the unclassified P–1, R–1,
17 and O–1 documents supporting the Department of
18 Defense budget request;
19 (3) the process by which the National Intelligence
20 Program appropriations are apportioned to the exe-
21 cuting agencies; or
22 (4) the process by which the National Intelligence
23 Program appropriations are allotted, obligated and
24 disbursed.
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1 (b) Nothing in subsection (a) shall be construed to pro-
2 hibit the merger of programs or changes to the National
3 Intelligence Program budget at or below the Expenditure
4 Center level, provided such change is otherwise in accord-
5 ance with paragraphs (1)–(3) of subsection (a).
6 (c) The Director of National Intelligence and the Sec-
7 retary of Defense may jointly, only for the purposes of
8 achieving auditable financial statements and improving fis-
9 cal reporting, study and develop detailed proposals for al-
10 ternative financial management processes. Such study shall
11 include a comprehensive counterintelligence risk assessment
12 to ensure that none of the alternative processes will ad-
13 versely affect counterintelligence.
14 (d) Upon development of the detailed proposals defined
15 under subsection (c), the Director of National Intelligence
16 and the Secretary of Defense shall—
17 (1) provide the proposed alternatives to all af-
18 fected agencies;
19 (2) receive certification from all affected agencies
20 attesting that the proposed alternatives will help
21 achieve auditability, improve fiscal reporting, and
22 will not adversely affect counterintelligence; and
23 (3) not later than 30 days after receiving all nec-
24 essary certifications under paragraph (2), present the
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1 proposed alternatives and certifications to the con-
2 gressional defense and intelligence committees.
3 SEC. 8069. In addition to amounts provided elsewhere
4 in this Act, $5,000,000 is hereby appropriated to the De-
5 partment of Defense, to remain available for obligation
6 until expended: Provided, That notwithstanding any other
7 provision of law, that upon the determination of the Sec-
8 retary of Defense that it shall serve the national interest,
9 these funds shall be available only for a grant to the Fisher
10 House Foundation, Inc., only for the construction and fur-
11 nishing of additional Fisher Houses to meet the needs of
12 military family members when confronted with the illness
13 or hospitalization of an eligible military beneficiary.
14 (INCLUDING TRANSFER OF FUNDS)
15 SEC. 8070. In addition to amounts made available
16 elsewhere in this Act, $200,000,000 is hereby appropriated
17 to the Department of Defense and made available for trans-
18 fer to the operation and maintenance accounts and re-
19 search, development, test and evaluation accounts of the
20 Army, Navy, Marine Corps, Air Force, and Space Force
21 for purposes of improving tactical artificial intelligence at
22 the Combatant Commands: Provided, That none of the
23 funds provided under this section may be obligated or ex-
24 pended until 90 days after the Secretary of Defense provides
25 to the congressional defense committees an execution plan:
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1 Provided further, That not less than 30 days prior to any
2 transfer of funds, the Secretary of Defense shall notify the
3 congressional defense committees of the details of any such
4 transfer: Provided further, That upon transfer, the funds
5 shall be merged with and available for the same purposes,
6 and for the same time period, as the appropriation to which
7 transferred: Provided further, That the transfer authority
8 provided under this section is in addition to any other
9 transfer authority provided elsewhere in this Act.
10 (INCLUDING TRANSFER OF FUNDS)
11 SEC. 8071. During the current fiscal year, not to ex-
12 ceed $11,000,000 from each of the appropriations made in
13 title II of this Act for ‘‘Operation and Maintenance, Army’’,
14 ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and
15 Maintenance, Air Force’’ may be transferred by the mili-
16 tary department concerned to its central fund established
17 for Fisher Houses and Suites pursuant to section 2493(d)
18 of title 10, United States Code.
19 (INCLUDING TRANSFER OF FUNDS)
20 SEC. 8072. Of the amounts appropriated for ‘‘Oper-
21 ation and Maintenance, Navy’’, up to $1,000,000 shall be
22 available for transfer to the John C. Stennis Center for Pub-
23 lic Service Development Trust Fund established under sec-
24 tion 116 of the John C. Stennis Center for Public Service
25 Training and Development Act (2 U.S.C. 1105).
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1 SEC. 8073. None of the funds available to the Depart-
2 ment of Defense may be obligated to modify command and
3 control relationships to give Fleet Forces Command oper-
4 ational and administrative control of United States Navy
5 forces assigned to the Pacific fleet: Provided, That the com-
6 mand and control relationships which existed on October
7 1, 2004, shall remain in force until a written modification
8 has been proposed to the Committees on Appropriations of
9 the House of Representatives and the Senate: Provided fur-
10 ther, That the proposed modification may be implemented
11 30 days after the notification unless an objection is received
12 from either the House or Senate Appropriations Commit-
13 tees: Provided further, That any proposed modification
14 shall not preclude the ability of the commander of United
15 States Indo-Pacific Command to meet operational require-
16 ments.
17 SEC. 8074. Any notice that is required to be submitted
18 to the Committees on Appropriations of the House of Rep-
19 resentatives and the Senate under section 806(c)(4) of the
20 Bob Stump National Defense Authorization Act for Fiscal
21 Year 2003 (10 U.S.C. 2302 note) after the date of the enact-
22 ment of this Act shall be submitted pursuant to that require-
23 ment concurrently to the Subcommittees on Defense of the
24 Committees on Appropriations of the House of Representa-
25 tives and the Senate.
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1 (INCLUDING TRANSFER OF FUNDS)
2 SEC. 8075. Of the amounts appropriated in this Act
3 under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
4 search, Development, Test and Evaluation, Defense-Wide’’,
5 $500,000,000 shall be for the Israeli Cooperative Programs:
6 Provided, That of this amount, $108,000,000 shall be for
7 the Secretary of Defense to provide to the Government of
8 Israel for the procurement of the Iron Dome defense system
9 to counter short-range rocket threats, subject to the U.S.-
10 Israel Iron Dome Procurement Agreement, as amended;
11 $157,000,000 shall be for the Short Range Ballistic Missile
12 Defense (SRBMD) program, including cruise missile de-
13 fense research and development under the SRBMD pro-
14 gram, of which $30,000,000 shall be for co-production ac-
15 tivities of SRBMD systems in the United States and in
16 Israel to meet Israel’s defense requirements consistent with
17 each nation’s laws, regulations, and procedures, subject to
18 the U.S.-Israeli co-production agreement for SRBMD, as
19 amended; $62,000,000 shall be for an upper-tier component
20 to the Israeli Missile Defense Architecture, of which
21 $62,000,000 shall be for co-production activities of Arrow
22 3 Upper Tier systems in the United States and in Israel
23 to meet Israel’s defense requirements consistent with each
24 nation’s laws, regulations, and procedures, subject to the
25 U.S.-Israeli co-production agreement for Arrow 3 Upper
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1 Tier, as amended; and $173,000,000 shall be for the Arrow
2 System Improvement Program including development of a
3 long range, ground and airborne, detection suite: Provided
4 further, That the transfer authority provided under this
5 provision is in addition to any other transfer authority con-
6 tained in this Act.
7 SEC. 8076. Of the amounts appropriated in this Act
8 under the heading ‘‘Shipbuilding and Conversion, Navy’’,
9 $660,795,000 shall be available until September 30, 2022,
10 to fund prior year shipbuilding cost increases for the fol-
11 lowing programs:
12 (1) Under the heading ‘‘Shipbuilding and Con-
13 version, Navy’’, 2013/2022: Carrier Replacement Pro-
14 gram $291,000,000;
15 (2) Under the heading ‘‘Shipbuilding and Con-
16 version, Navy’’, 2015/2022: DDG–51 Destroyer
17 $44,577,000;
18 (3) Under the heading ‘‘Shipbuilding and Con-
19 version, Navy’’, 2016/2022: DDG–51 Destroyer
20 $1,176,000;
21 (4) Under the heading ‘‘Shipbuilding and Con-
22 version, Navy’’, 2016/2022: TAO Fleet Oiler
23 $23,358,000;
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1 (5) Under the heading ‘‘Shipbuilding and Con-
2 version, Navy’’, 2016/2022: Littoral Combat Ship
3 $24,860,000;
4 (6) Under the heading ‘‘Shipbuilding and Con-
5 version, Navy’’, 2016/2022: CVN Refueling Overhauls
6 $158,800,000;
7 (7) Under the heading ‘‘Shipbuilding and Con-
8 version, Navy’’, 2017/2022: LPD–17 $53,682,000;
9 (8) Under the heading ‘‘Shipbuilding and Con-
10 version, Navy’’, 2017/2022: Littoral Combat Ship
11 $20,000,000; and
12 (9) Under the heading ‘‘Shipbuilding and Con-
13 version, Navy’’, 2018/2022: TAO Fleet Oiler
14 $43,342,000.
15 SEC. 8077. Funds appropriated by this Act, or made
16 available by the transfer of funds in this Act, for intelligence
17 activities are deemed to be specifically authorized by the
18 Congress for purposes of section 504 of the National Secu-
19 rity Act of 1947 (50 U.S.C. 3094) during fiscal year 2022
20 until the enactment of the Intelligence Authorization Act
21 for Fiscal Year 2022.
22 SEC. 8078. None of the funds provided in this Act shall
23 be available for obligation or expenditure through a re-
24 programming of funds that creates or initiates a new pro-
25 gram, project, or activity unless such program, project, or
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1 activity must be undertaken immediately in the interest of
2 national security and only after written prior notification
3 to the congressional defense committees.
4 SEC. 8079. The budget of the President for fiscal year
5 2023 submitted to the Congress pursuant to section 1105
6 of title 31, United States Code, shall include separate budget
7 justification documents for costs of United States Armed
8 Forces’ participation in contingency operations for the
9 Military Personnel accounts, the Operation and Mainte-
10 nance accounts, the Procurement accounts, and the Re-
11 search, Development, Test and Evaluation accounts: Pro-
12 vided, That these documents shall include a description of
13 the funding requested for each contingency operation, for
14 each military service, to include all Active and Reserve
15 components, and for each appropriations account: Provided
16 further, That these documents shall include estimated costs
17 for each element of expense or object class, a reconciliation
18 of increases and decreases for each contingency operation,
19 and programmatic data including, but not limited to, troop
20 strength for each Active and Reserve component, and esti-
21 mates of the major weapons systems deployed in support
22 of each contingency: Provided further, That these documents
23 shall include budget exhibits OP–5 and OP–32 (as defined
24 in the Department of Defense Financial Management Regu-
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1 lation) for all contingency operations for the budget year
2 and the two preceding fiscal years.
3 (INCLUDING TRANSFER OF FUNDS)
4 SEC. 8080. In addition to amounts made available
5 elsewhere in this Act, $50,000,000 is hereby appropriated
6 to the Department of Defense and made available for trans-
7 fer to the Department of Defense Acquisition Workforce De-
8 velopment Account and the operation and maintenance ac-
9 counts of the Army, Navy, Marine Corps, Air Force, and
10 Space Force for purposes of recruiting and training the De-
11 partment of Defense artificial intelligence-literate acquisi-
12 tion workforce: Provided, That none of the funds provided
13 under this section may be obligated or expended until 90
14 days after the Secretary of Defense provides to the congres-
15 sional defense committees an execution plan: Provided fur-
16 ther, That not less than 30 days prior to any transfer of
17 funds, the Secretary of Defense shall notify the congressional
18 defense committees of the details of any such transfer: Pro-
19 vided further, That upon transfer, the funds shall be merged
20 with and be available for the same purposes, and for the
21 same time period, as the appropriation to which trans-
22 ferred: Provided further, That the transfer authority pro-
23 vided under this section is in addition to any other transfer
24 authority provided elsewhere in this Act.
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1 SEC. 8081. None of the funds in this Act may be used
2 for research, development, test, evaluation, procurement or
3 deployment of nuclear armed interceptors of a missile de-
4 fense system.
5 SEC. 8082. The Secretary of Defense may use up to
6 $650,000,000 of the amounts appropriated or otherwise
7 made available in this Act to the Department of Defense
8 for the rapid acquisition and deployment of supplies and
9 associated support services pursuant to section 806 of the
10 Bob Stump National Defense Authorization Act for Fiscal
11 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note), but
12 only for the purposes specified in clauses (i), (ii), (iii), and
13 (iv) of subsection (c)(3)(B) of such section and subject to
14 the applicable limits specified in clauses (i), (ii), and (iii)
15 of such subsection and, in the case of clause (iv) of such
16 subsection, subject to a limit of $50,000,000: Provided, That
17 the Secretary of Defense shall notify the congressional de-
18 fense committees promptly of all uses of this authority.
19 SEC. 8083. None of the funds appropriated or made
20 available in this Act shall be used to reduce or disestablish
21 the operation of the 53rd Weather Reconnaissance Squad-
22 ron of the Air Force Reserve, if such action would reduce
23 the WC–130 Weather Reconnaissance mission below the lev-
24 els funded in this Act: Provided, That the Air Force shall
25 allow the 53rd Weather Reconnaissance Squadron to per-
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1 form other missions in support of national defense require-
2 ments during the non-hurricane season.
3 SEC. 8084. None of the funds provided in this Act shall
4 be available for integration of foreign intelligence informa-
5 tion unless the information has been lawfully collected and
6 processed during the conduct of authorized foreign intel-
7 ligence activities: Provided, That information pertaining to
8 United States persons shall only be handled in accordance
9 with protections provided in the Fourth Amendment of the
10 United States Constitution as implemented through Execu-
11 tive Order No. 12333.
12 SEC. 8085. (a) None of the funds appropriated by this
13 Act may be used to transfer research and development, ac-
14 quisition, or other program authority relating to current
15 tactical unmanned aerial vehicles (TUAVs) from the Army.
16 (b) The Army shall retain responsibility for and oper-
17 ational control of the MQ–1C Gray Eagle Unmanned Aerial
18 Vehicle (UAV) in order to support the Secretary of Defense
19 in matters relating to the employment of unmanned aerial
20 vehicles.
21 SEC. 8086. None of the funds appropriated by this Act
22 for programs of the Office of the Director of National Intel-
23 ligence shall remain available for obligation beyond the cur-
24 rent fiscal year, except for funds appropriated for research
25 and technology, which shall remain available until Sep-
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1 tember 30, 2023, and except for funds appropriated for the
2 purchase of real property, which shall remain available
3 until September 30, 2024.
4 SEC. 8087. For purposes of section 1553(b) of title 31,
5 United States Code, any subdivision of appropriations
6 made in this Act under the heading ‘‘Shipbuilding and
7 Conversion, Navy’’ shall be considered to be for the same
8 purpose as any subdivision under the heading ‘‘Ship-
9 building and Conversion, Navy’’ appropriations in any
10 prior fiscal year, and the 1 percent limitation shall apply
11 to the total amount of the appropriation.
12 SEC. 8088. (a) Not later than 60 days after the date
13 of the enactment of this Act, the Director of National Intel-
14 ligence shall submit a report to the congressional intel-
15 ligence committees to establish the baseline for application
16 of reprogramming and transfer authorities for fiscal year
17 2022: Provided, That the report shall include—
18 (1) a table for each appropriation with a sepa-
19 rate column to display the President’s budget request,
20 adjustments made by Congress, adjustments due to
21 enacted rescissions, if appropriate, and the fiscal year
22 enacted level;
23 (2) a delineation in the table for each appropria-
24 tion by Expenditure Center and project; and
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1 (3) an identification of items of special congres-
2 sional interest.
3 (b) None of the funds provided for the National Intel-
4 ligence Program in this Act shall be available for re-
5 programming or transfer until the report identified in sub-
6 section (a) is submitted to the congressional intelligence
7 committees, unless the Director of National Intelligence cer-
8 tifies in writing to the congressional intelligence committees
9 that such reprogramming or transfer is necessary as an
10 emergency requirement.
11 SEC. 8089. Any transfer of amounts appropriated to
12 the Department of Defense Acquisition Workforce Develop-
13 ment Account in or for fiscal year 2022 to a military de-
14 partment or Defense Agency pursuant to section 1705(e)(1)
15 of title 10, United States Code, shall be covered by and sub-
16 ject to section 8005 of this Act.
17 SEC. 8090. (a) None of the funds provided for the Na-
18 tional Intelligence Program in this or any prior appropria-
19 tions Act shall be available for obligation or expenditure
20 through a reprogramming or transfer of funds in accord-
21 ance with section 102A(d) of the National Security Act of
22 1947 (50 U.S.C. 3024(d)) that—
23 (1) creates a new start effort;
24 (2) terminates a program with appropriated
25 funding of $10,000,000 or more;
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1 (3) transfers funding into or out of the National
2 Intelligence Program; or
3 (4) transfers funding between appropriations,
4 unless the congressional intelligence committees are
5 notified 30 days in advance of such reprogramming
6 of funds; this notification period may be reduced for
7 urgent national security requirements.
8 (b) None of the funds provided for the National Intel-
9 ligence Program in this or any prior appropriations Act
10 shall be available for obligation or expenditure through a
11 reprogramming or transfer of funds in accordance with sec-
12 tion 102A(d) of the National Security Act of 1947 (50
13 U.S.C. 3024(d)) that results in a cumulative increase or
14 decrease of the levels specified in the classified annex accom-
15 panying the Act unless the congressional intelligence com-
16 mittees are notified 30 days in advance of such reprogram-
17 ming of funds; this notification period may be reduced for
18 urgent national security requirements.
19 SEC. 8091. (a) Any agency receiving funds made
20 available in this Act, shall, subject to subsections (b) and
21 (c), post on the public Web site of that agency any report
22 required to be submitted by the Congress in this or any
23 other Act, upon the determination by the head of the agency
24 that it shall serve the national interest.
25 (b) Subsection (a) shall not apply to a report if—
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1 (1) the public posting of the report compromises
2 national security; or
3 (2) the report contains proprietary information.
4 (c) The head of the agency posting such report shall
5 do so only after such report has been made available to the
6 requesting Committee or Committees of Congress for no less
7 than 45 days.
8 SEC. 8092. (a) None of the funds appropriated or oth-
9 erwise made available by this Act may be expended for any
10 Federal contract for an amount in excess of $1,000,000, un-
11 less the contractor agrees not to—
12 (1) enter into any agreement with any of its em-
13 ployees or independent contractors that requires, as a
14 condition of employment, that the employee or inde-
15 pendent contractor agree to resolve through arbitra-
16 tion any claim under title VII of the Civil Rights Act
17 of 1964 or any tort related to or arising out of sexual
18 assault or harassment, including assault and battery,
19 intentional infliction of emotional distress, false im-
20 prisonment, or negligent hiring, supervision, or reten-
21 tion; or
22 (2) take any action to enforce any provision of
23 an existing agreement with an employee or inde-
24 pendent contractor that mandates that the employee
25 or independent contractor resolve through arbitration
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1 any claim under title VII of the Civil Rights Act of
2 1964 or any tort related to or arising out of sexual
3 assault or harassment, including assault and battery,
4 intentional infliction of emotional distress, false im-
5 prisonment, or negligent hiring, supervision, or reten-
6 tion.
7 (b) None of the funds appropriated or otherwise made
8 available by this Act may be expended for any Federal con-
9 tract unless the contractor certifies that it requires each cov-
10 ered subcontractor to agree not to enter into, and not to
11 take any action to enforce any provision of, any agreement
12 as described in paragraphs (1) and (2) of subsection (a),
13 with respect to any employee or independent contractor per-
14 forming work related to such subcontract. For purposes of
15 this subsection, a ‘‘covered subcontractor’’ is an entity that
16 has a subcontract in excess of $1,000,000 on a contract sub-
17 ject to subsection (a).
18 (c) The prohibitions in this section do not apply with
19 respect to a contractor’s or subcontractor’s agreements with
20 employees or independent contractors that may not be en-
21 forced in a court of the United States.
22 (d) The Secretary of Defense may waive the applica-
23 tion of subsection (a) or (b) to a particular contractor or
24 subcontractor for the purposes of a particular contract or
25 subcontract if the Secretary or the Deputy Secretary per-
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1 sonally determines that the waiver is necessary to avoid
2 harm to national security interests of the United States,
3 and that the term of the contract or subcontract is not
4 longer than necessary to avoid such harm. The determina-
5 tion shall set forth with specificity the grounds for the waiv-
6 er and for the contract or subcontract term selected, and
7 shall state any alternatives considered in lieu of a waiver
8 and the reasons each such alternative would not avoid harm
9 to national security interests of the United States. The Sec-
10 retary of Defense shall transmit to Congress, and simulta-
11 neously make public, any determination under this sub-
12 section not less than 15 business days before the contract
13 or subcontract addressed in the determination may be
14 awarded.
15 (INCLUDING TRANSFER OF FUNDS)
16 SEC. 8093. From within the funds appropriated for
17 operation and maintenance for the Defense Health Program
18 in this Act, up to $137,000,000, shall be available for trans-
19 fer to the Joint Department of Defense-Department of Vet-
20 erans Affairs Medical Facility Demonstration Fund in ac-
21 cordance with the provisions of section 1704 of the National
22 Defense Authorization Act for Fiscal Year 2010, Public Law
23 111–84: Provided, That for purposes of section 1704(b), the
24 facility operations funded are operations of the integrated
25 Captain James A. Lovell Federal Health Care Center, con-
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1 sisting of the North Chicago Veterans Affairs Medical Cen-
2 ter, the Navy Ambulatory Care Center, and supporting fa-
3 cilities designated as a combined Federal medical facility
4 as described by section 706 of Public Law 110–417: Pro-
5 vided further, That additional funds may be transferred
6 from funds appropriated for operation and maintenance for
7 the Defense Health Program to the Joint Department of De-
8 fense-Department of Veterans Affairs Medical Facility
9 Demonstration Fund upon written notification by the Sec-
10 retary of Defense to the Committees on Appropriations of
11 the House of Representatives and the Senate.
12 SEC. 8094. None of the funds appropriated or other-
13 wise made available by this Act may be used by the Depart-
14 ment of Defense or a component thereof in contravention
15 of the provisions of section 130h of title 10, United States
16 Code.
17 SEC. 8095. Appropriations available to the Depart-
18 ment of Defense may be used for the purchase of heavy and
19 light armored vehicles for the physical security of personnel
20 or for force protection purposes up to a limit of $450,000
21 per vehicle, notwithstanding price or other limitations ap-
22 plicable to the purchase of passenger carrying vehicles.
23 (INCLUDING TRANSFER OF FUNDS)
24 SEC. 8096. Upon a determination by the Director of
25 National Intelligence that such action is necessary and in
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1 the national interest, the Director may, with the approval
2 of the Office of Management and Budget, transfer not to
3 exceed $1,500,000,000 of the funds made available in this
4 Act for the National Intelligence Program: Provided, That
5 such authority to transfer may not be used unless for higher
6 priority items, based on unforeseen intelligence require-
7 ments, than those for which originally appropriated and
8 in no case where the item for which funds are requested
9 has been denied by the Congress: Provided further, That a
10 request for multiple reprogrammings of funds using author-
11 ity provided in this section shall be made prior to June
12 30, 2022.
13 SEC. 8097. Of the amounts appropriated in this Act
14 for ‘‘Shipbuilding and Conversion, Navy’’, $299,900,000, to
15 remain available for obligation until September 30, 2026,
16 may be used for the purchase of five used sealift vessels for
17 the National Defense Reserve Fleet, established under sec-
18 tion 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C.
19 57100): Provided, That such amounts are available for re-
20 imbursements to the Ready Reserve Force, Maritime Ad-
21 ministration account of the United States Department of
22 Transportation for programs, projects, activities, and ex-
23 penses related to the National Defense Reserve Fleet: Pro-
24 vided further, That notwithstanding section 2218 of title 10,
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1 United States Code, none of these funds shall be transferred
2 to the National Defense Sealift Fund for execution.
3 SEC. 8098. The Secretary of Defense shall post grant
4 awards on a public website in a searchable format.
5 SEC. 8099. None of the funds made available by this
6 Act may be used by the National Security Agency to—
7 (1) conduct an acquisition pursuant to section
8 702 of the Foreign Intelligence Surveillance Act of
9 1978 for the purpose of targeting a United States per-
10 son; or
11 (2) acquire, monitor, or store the contents (as
12 such term is defined in section 2510(8) of title 18,
13 United States Code) of any electronic communication
14 of a United States person from a provider of elec-
15 tronic communication services to the public pursuant
16 to section 501 of the Foreign Intelligence Surveillance
17 Act of 1978.
18 SEC. 8100. None of the funds made available in this
19 or any other Act may be used to pay the salary of any
20 officer or employee of any agency funded by this Act who
21 approves or implements the transfer of administrative re-
22 sponsibilities or budgetary resources of any program,
23 project, or activity financed by this Act to the jurisdiction
24 of another Federal agency not financed by this Act without
25 the express authorization of Congress: Provided, That this
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1 limitation shall not apply to transfers of funds expressly
2 provided for in Defense Appropriations Acts, or provisions
3 of Acts providing supplemental appropriations for the De-
4 partment of Defense.
5 SEC. 8101. Of the amounts appropriated in this Act
6 for ‘‘Operation and Maintenance, Navy’’, $435,032,000, to
7 remain available until expended, may be used for any pur-
8 poses related to the National Defense Reserve Fleet estab-
9 lished under section 11 of the Merchant Ship Sales Act of
10 1946 (46 U.S.C. 57100): Provided, That such amounts are
11 available for reimbursements to the Ready Reserve Force,
12 Maritime Administration account of the United States De-
13 partment of Transportation for programs, projects, activi-
14 ties, and expenses related to the National Defense Reserve
15 Fleet.
16 SEC. 8102. None of the funds made available in this
17 Act may be obligated for activities authorized under section
18 1208 of the Ronald W. Reagan National Defense Authoriza-
19 tion Act for Fiscal Year 2005 (Public Law 112–81; 125
20 Stat. 1621) to initiate support for, or expand support to,
21 foreign forces, irregular forces, groups, or individuals unless
22 the congressional defense committees are notified in accord-
23 ance with the direction contained in the classified annex
24 accompanying this Act, not less than 15 days before initi-
25 ating such support: Provided, That none of the funds made
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1 available in this Act may be used under section 1208 for
2 any activity that is not in support of an ongoing military
3 operation being conducted by United States Special Oper-
4 ations Forces to combat terrorism: Provided further, That
5 the Secretary of Defense may waive the prohibitions in this
6 section if the Secretary determines that such waiver is re-
7 quired by extraordinary circumstances and, by not later
8 than 72 hours after making such waiver, notifies the con-
9 gressional defense committees of such waiver.
10 SEC. 8103. (a) None of the funds provided in this Act
11 for the TAO Fleet Oiler program shall be used to award
12 a new contract that provides for the acquisition of the fol-
13 lowing components unless those components are manufac-
14 tured in the United States: Auxiliary equipment (including
15 pumps) for shipboard services; propulsion equipment (in-
16 cluding engines, reduction gears, and propellers); shipboard
17 cranes; spreaders for shipboard cranes; and anchor chains
18 specifically for the seventh and subsequent ships of the fleet.
19 (b) None of the funds provided in this Act for the
20 FFG(X) Frigate program shall be used to award a new con-
21 tract that provides for the acquisition of the following com-
22 ponents unless those components are manufactured in the
23 United States: Air circuit breakers; gyrocompasses; elec-
24 tronic navigation chart systems; steering controls; pumps;
25 propulsion and machinery control systems; totally enclosed
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1 lifeboats; auxiliary equipment pumps; shipboard cranes;
2 auxiliary chill water systems; and propulsion propellers:
3 Provided, That the Secretary of the Navy shall incorporate
4 United States manufactured propulsion engines and pro-
5 pulsion reduction gears into the FFG(X) Frigate program
6 beginning not later than with the eleventh ship of the pro-
7 gram.
8 SEC. 8104. None of the funds provided in this Act for
9 requirements development, performance specification devel-
10 opment, concept design and development, ship configura-
11 tion development, systems engineering, naval architecture,
12 marine engineering, operations research analysis, industry
13 studies, preliminary design, development of the Detailed
14 Design and Construction Request for Proposals solicitation
15 package, or related activities for the T–ARC(X) Cable Lay-
16 ing and Repair Ship or the T–AGOS(X) Oceanographic
17 Surveillance Ship may be used to award a new contract
18 for such activities unless these contracts include specifica-
19 tions that all auxiliary equipment, including pumps and
20 propulsion shafts, are manufactured in the United States.
21 SEC. 8105. None of the funds made available by this
22 Act may be obligated or expended for the purpose of decom-
23 missioning the USS Fort Worth, the USS Detroit, or the
24 USS Little Rock.
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1 SEC. 8106. No amounts credited or otherwise made
2 available in this or any other Act to the Department of De-
3 fense Acquisition Workforce Development Account may be
4 transferred to:
5 (1) the Rapid Prototyping Fund established
6 under section 804(d) of the National Defense Author-
7 ization Act for Fiscal Year 2016 (10 U.S.C. 2302
8 note); or
9 (2) credited to a military-department specific
10 fund established under section 804(d)(2) of the Na-
11 tional Defense Authorization Act for Fiscal Year 2016
12 (as amended by section 897 of the National Defense
13 Authorization Act for Fiscal Year 2017).
14 SEC. 8107. None of the funds made available by this
15 Act may be used for Government Travel Charge Card ex-
16 penses by military or civilian personnel of the Department
17 of Defense for gaming, or for entertainment that includes
18 topless or nude entertainers or participants, as prohibited
19 by Department of Defense FMR, Volume 9, Chapter 3 and
20 Department of Defense Instruction 1015.10 (enclosure 3,
21 14a and 14b).
22 SEC. 8108. (a) None of the funds made available in
23 this Act may be used to maintain or establish a computer
24 network unless such network is designed to block access to
25 pornography websites.
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1 (b) Nothing in subsection (a) shall limit the use of
2 funds necessary for any Federal, State, tribal, or local law
3 enforcement agency or any other entity carrying out crimi-
4 nal investigations, prosecution, or adjudication activities,
5 or for any activity necessary for the national defense, in-
6 cluding intelligence activities.
7 SEC. 8109. In addition to amounts provided elsewhere
8 in this Act, there is appropriated $516,233,000, for an ad-
9 ditional amount for ‘‘Operation and Maintenance, Defense-
10 Wide’’, to remain available until expended: Provided, That
11 such funds shall only be available to the Secretary of De-
12 fense, acting through the Office of Local Defense Community
13 Cooperation of the Department of Defense, or for transfer
14 to the Secretary of Education, notwithstanding any other
15 provision of law, to make grants, conclude cooperative
16 agreements, or supplement other Federal funds to construct,
17 renovate, repair, or expand elementary and secondary pub-
18 lic schools on military installations in order to address ca-
19 pacity or facility condition deficiencies at such schools: Pro-
20 vided further, That in making such funds available, the Of-
21 fice of Local Defense Community Cooperation or the Sec-
22 retary of Education shall give priority consideration to
23 those military installations with schools having the most
24 serious capacity or facility condition deficiencies as deter-
25 mined by the Secretary of Defense: Provided further, That
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1 as a condition of receiving funds under this section a local
2 educational agency or State shall provide a matching share
3 as described in the notice titled ‘‘Department of Defense
4 Program for Construction, Renovation, Repair or Expan-
5 sion of Public Schools Located on Military Installations’’
6 published by the Department of Defense in the Federal Reg-
7 ister on September 9, 2011 (76 Fed. Reg. 55883 et seq.):
8 Provided further, That these provisions apply to funds pro-
9 vided under this section, and to funds previously provided
10 by Congress to construct, renovate, repair, or expand ele-
11 mentary and secondary public schools on military installa-
12 tions in order to address capacity or facility condition defi-
13 ciencies at such schools to the extent such funds remain un-
14 obligated on the date of enactment of this section.
15 SEC. 8110. In carrying out the program described in
16 the memorandum on the subject of ‘‘Policy for Assisted Re-
17 productive Services for the Benefit of Seriously or Severely
18 Ill/Injured (Category II or III) Active Duty Service Mem-
19 bers’’ issued by the Assistant Secretary of Defense for
20 Health Affairs on April 3, 2012, and the guidance issued
21 to implement such memorandum, the Secretary of Defense
22 shall apply such policy and guidance, except that—
23 (1) the limitation on periods regarding embryo
24 cryopreservation and storage set forth in part III(G)
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1 and in part IV(H) of such memorandum shall not
2 apply; and
3 (2) the term ‘‘assisted reproductive technology’’
4 shall include embryo cryopreservation and storage
5 without limitation on the duration of such
6 cryopreservation and storage.
7 SEC. 8111. None of the funds provided for, or otherwise
8 made available, in this or any other Act, may be obligated
9 or expended by the Secretary of Defense to provide motor-
10 ized vehicles, aviation platforms, munitions other than
11 small arms and munitions appropriate for customary cere-
12 monial honors, operational military units, or operational
13 military platforms if the Secretary determines that pro-
14 viding such units, platforms, or equipment would under-
15 mine the readiness of such units, platforms, or equipment.
16 SEC. 8112. The Secretary of Defense may obligate and
17 expend funds made available under this Act for procure-
18 ment or for research, development, test and evaluation for
19 the F–35 Joint Strike Fighter to modify up to six F–35
20 aircraft, including up to two F–35 aircraft of each variant,
21 to a test configuration: Provided, That the Secretary of De-
22 fense shall, with the concurrence of the Secretary of the Air
23 Force and the Secretary of the Navy, notify the congres-
24 sional defense committees not fewer than 30 days prior to
25 obligating and expending funds under this section: Provided
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1 further, That any transfer of funds pursuant to the author-
2 ity provided in this section shall be made in accordance
3 with section 8005 of this Act: Provided further, That air-
4 craft referred to previously in this section are not addi-
5 tional to aircraft referred to in section 8135 of the Depart-
6 ment of Defense Appropriations Act, 2019, section 8126 of
7 the Department of Defense Appropriations Act, 2020, and
8 section 8122 of the Department of Defense Appropriations
9 Act, 2021.
10 SEC. 8113. (a) None of the funds made available by
11 this or any other Act may be used to enter into a contract,
12 memorandum of understanding, or cooperative agreement
13 with, make a grant to, or provide a loan or loan guarantee
14 to any corporation that has any unpaid Federal tax liabil-
15 ity that has been assessed, for which all judicial and admin-
16 istrative remedies have been exhausted or have lapsed, and
17 that is not being paid in a timely manner pursuant to an
18 agreement with the authority responsible for collecting such
19 tax liability, provided that the applicable Federal agency
20 is aware of the unpaid Federal tax liability.
21 (b) Subsection (a) shall not apply if the applicable
22 Federal agency has considered suspension or debarment of
23 the corporation described in such subsection and has made
24 a determination that such suspension or debarment is not
25 necessary to protect the interests of the Federal Government.
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1 SEC. 8114. None of the funds appropriated or other-
2 wise made available by this Act may be used to transfer
3 the National Reconnaissance Office to the Space Force: Pro-
4 vided, That nothing in this Act shall be construed to limit
5 or prohibit cooperation, collaboration, and coordination be-
6 tween the National Reconnaissance Office and the Space
7 Force or any other elements of the Department of Defense.
8 SEC. 8115. None of the funds appropriated or other-
9 wise made available by this Act may be used to transfer
10 any element of the Department of the Army, the Depart-
11 ment of the Navy, or a Department of Defense agency to
12 the Space Force unless, concurrent with the fiscal year 2023
13 budget submission (as submitted to Congress pursuant to
14 section 1105 of title 31, United States Code), the Secretary
15 of Defense, not to be delegated, provides a report to the Com-
16 mittees on Appropriations of the House of Representatives
17 and the Senate, detailing any plans to transfer appropriate
18 space elements of the Department of the Army, the Depart-
19 ment of the Navy, or a Department of Defense agency to
20 the Space Force and certifies in writing to the Committees
21 on Appropriations of the House of Representatives and the
22 Senate that such transfer is consistent with the mission of
23 the Space Force and will not have an adverse impact on
24 the Department or agency from which such element is being
25 transferred: Provided, That such report shall include fiscal
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1 year 2023 budget and future years defense program adjust-
2 ments associated with such planned transfers.
3 SEC. 8116. None of the funds appropriated or other-
4 wise made available by this Act may be used to establish
5 a field operating agency of the Space Force.
6 SEC. 8117. During fiscal year 2022, the monetary lim-
7 itation imposed by section 2208(l)(3) of title 10, United
8 States Code may be exceeded by up to $1,000,000,000.
9 SEC. 8118. Funds appropriated in title I of this Act
10 under headings for ‘‘Military Personnel’’ may be used for
11 expenses described therein for members of the Space Force
12 on active duty: Provided, That amounts appropriated
13 under such headings may be used for payments pursuant
14 to section 156 of Public Law 97–377, as amended (42
15 U.S.C. 402 note), and to the Department of Defense Mili-
16 tary Retirement Fund.
17 SEC. 8119. (a) Amounts appropriated under title IV
18 of this Act, as detailed in budget activity eight of the tables
19 in the explanatory statement regarding this Act, may be
20 used for expenses for the agile research, development, test
21 and evaluation, procurement, production, modification,
22 and operation and maintenance, only for the following Soft-
23 ware and Digital Technology Pilot programs—
24 (1) Defensive Cyber—Software Prototype Devel-
25 opment (PE 0608041A);
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1 (2) Risk Management Information (PE
2 0608013N);
3 (3) Maritime Tactical Command Control (PE
4 0608231N);
5 (4) JSpOC Mission System (PE 1203614SF);
6 (5) National Background Investigation Services
7 (PE 0608197V);
8 (6) Global Command and Control System-Joint
9 (PE 0308150K);
10 (7) Algorithmic Warfare Cross Functional Team
11 (PE 0308588D8Z); and
12 (8) Acquisition Visibility (PE 0608648D8Z).
13 (b) None of the funds appropriated by this or prior
14 Department of Defense Appropriations Acts may be obli-
15 gated or expended to initiate additional Software and Dig-
16 ital Technology Pilot Programs in fiscal year 2022.
17 SEC. 8120. Of the amounts appropriated in this Act
18 under the heading ‘‘Operation and Maintenance, Defense-
19 Wide’’, $75,000,000, to remain available until September
20 30, 2025: Provided, That such funds shall only be available
21 to the Secretary of Defense, acting through the Office of
22 Local Defense Community Cooperation of the Department
23 of Defense, to make grants to communities impacted by
24 military aviation noise for the purpose of installing noise
25 mitigating insulation at covered facilities: Provided further,
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1 That $56,250,000 shall be allocated to address programs at
2 or near active military installations: Provided further,
3 That $18,750,000 shall be allocated for programs at or near
4 reserve component installations, of which $5,000,000 shall
5 be for grants to communities for which a nearby military
6 installation has transitioned to a new type or model of air-
7 craft after January 1, 2019: Provided further, That, to be
8 eligible to receive a grant under the program, a community
9 must enter into an agreement with the Secretary under
10 which the community prioritizes the use of funds for the
11 installation of noise mitigation at covered facilities in the
12 community: Provided further, That as a condition of receiv-
13 ing funds under this section a State or local entity shall
14 provide a matching share of ten percent: Provided further,
15 That grants under the program may be used to meet the
16 Federal match requirement under the airport improvement
17 program established under subchapter I of chapter 471 and
18 subchapter I of chapter 475 of title 49, United States Code:
19 Provided further, That, in carrying out the program, the
20 Secretary of Defense shall coordinate with the Secretary of
21 Transportation to minimize duplication of efforts with any
22 other noise mitigation program compliant with part 150
23 of title 14, Code of Federal Regulations: Provided further,
24 That, in this section, the term ‘‘covered facilities’’ means
25 hospitals, daycare facilities, schools, facilities serving senior
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1 citizens, and private residences that are located within one
2 mile or a day-night average sound level of 65 or greater
3 of a military installation or another location at which mili-
4 tary aircraft are stationed or are located in an area im-
5 pacted by military aviation noise within one mile or a day-
6 night average sound level of 65 or greater, as determined
7 by the Department of Defense or Federal Aviation Adminis-
8 tration noise modeling programs.
9 SEC. 8121. None of the funds made available in this
10 Act may be used in contravention of the following laws en-
11 acted or regulations promulgated to implement the United
12 Nations Convention Against Torture and Other Cruel, In-
13 human or Degrading Treatment or Punishment (done at
14 New York on December 10, 1984):
15 (1) Section 2340A of title 18, United States
16 Code.
17 (2) Section 2242 of the Foreign Affairs Reform
18 and Restructuring Act of 1998 (division G of Public
19 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231
20 note) and regulations prescribed thereto, including
21 regulations under part 208 of title 8, Code of Federal
22 Regulations, and part 95 of title 22, Code of Federal
23 Regulations.
24 (3) Sections 1002 and 1003 of the Department of
25 Defense, Emergency Supplemental Appropriations to
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1 Address Hurricanes in the Gulf of Mexico, and Pan-
2 demic Influenza Act, 2006 (Public Law 109–148).
3 SEC. 8122. During the current fiscal year, the Depart-
4 ment of Defense is authorized to incur obligations of not
5 to exceed $350,000,000 for purposes specified in section
6 2350j(c) of title 10, United States Code, in anticipation of
7 receipt of contributions, only from the Government of Ku-
8 wait, under that section: Provided, That, upon receipt, such
9 contributions from the Government of Kuwait shall be cred-
10 ited to the appropriations or fund which incurred such obli-
11 gations.
12 SEC. 8123. The Secretary of Defense shall notify the
13 congressional defense committees in writing not more than
14 30 days after the receipt of any contribution of funds re-
15 ceived from the government of a foreign country for any
16 purpose relating to the stationing or operations of the
17 United States Armed Forces: Provided, That such notifica-
18 tion shall include the amount of the contribution; the pur-
19 pose for which such contribution was made; and the author-
20 ity under which such contribution was accepted by the Sec-
21 retary of Defense: Provided further, That not fewer than
22 15 days prior to obligating such funds, the Secretary of De-
23 fense shall submit to the congressional defense committees
24 in writing a notification of the planned use of such con-
25 tributions, including whether such contributions would sup-
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1 port existing or new stationing or operations of the United
2 States Armed Forces.
3 SEC. 8124. From funds made available in title II of
4 this Act, the Secretary of Defense may purchase for use by
5 military and civilian employees of the Department of De-
6 fense in the United States Central Command area of re-
7 sponsibility: (1) passenger motor vehicles up to a limit of
8 $75,000 per vehicle; and (2) heavy and light armored vehi-
9 cles for the physical security of personnel or for force protec-
10 tion purposes up to a limit of $450,000 per vehicle, notwith-
11 standing price or other limitations applicable to the pur-
12 chase of passenger carrying vehicles.
13 SEC. 8125. None of the funds made available by this
14 Act may be used in contravention of the War Powers Reso-
15 lution (50 U.S.C. 1541 et seq.).
16 SEC. 8126. None of the funds made available by this
17 Act may be used with respect to Iraq in contravention of
18 the War Powers Resolution (50 U.S.C. 1541 et seq.), includ-
19 ing for the introduction of United States Armed Forces into
20 hostilities in Iraq, into situations in Iraq where imminent
21 involvement in hostilities is clearly indicated by the cir-
22 cumstances, or into Iraqi territory, airspace, or waters
23 while equipped for combat, in contravention of the congres-
24 sional consultation and reporting requirements of sections
25 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
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1 SEC. 8127. None of the funds made available by this
2 Act may be used with respect to Syria in contravention of
3 the War Powers Resolution (50 U.S.C. 1541 et seq.), includ-
4 ing for the introduction of United States armed or military
5 forces into hostilities in Syria, into situations in Syria
6 where imminent involvement in hostilities is clearly indi-
7 cated by the circumstances, or into Syrian territory, air-
8 space, or waters while equipped for combat, in contraven-
9 tion of the congressional consultation and reporting require-
10 ments of sections 3 and 4 of that law (50 U.S.C. 1542 and
11 1543).
12 SEC. 8128. Nothing in this Act may be construed as
13 authorizing the use of force against Iran or the Democratic
14 People’s Republic of Korea.
15 SEC. 8129. None of the funds appropriated or other-
16 wise made available by this or any other Act shall be obli-
17 gated or expended by the United States Government for a
18 purpose as follows:
19 (1) To establish any military installation or base
20 for the purpose of providing for the permanent sta-
21 tioning of United States Armed Forces in Iraq.
22 (2) To exercise United States control over any
23 oil resource of Iraq or Syria.
24 SEC. 8130. None of the funds made available by this
25 Act under the heading ‘‘Counter-ISIS Train and Equip
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1 Fund’’, and under the heading ‘‘Operation and Mainte-
2 nance, Defense-Wide’’ for Department of Defense security
3 cooperation grant programs, may be used to procure or
4 transfer man-portable air defense systems.
5 SEC. 8131. None of the funds made available by this
6 Act for excess defense articles, assistance under section 333
7 of title 10, United States Code, or peacekeeping operations
8 for the countries designated annually to be in violation of
9 the standards of the Child Soldiers Prevention Act of 2008
10 (Public Law 110–457; 22 U.S.C. 2370c–1) may be used to
11 support any military training or operation that includes
12 child soldiers, as defined by the Child Soldiers Prevention
13 Act of 2008, unless such assistance is otherwise permitted
14 under section 404 of the Child Soldiers Prevention Act of
15 2008.
16 SEC. 8132. None of the funds made available by this
17 Act may be made available for any member of the Taliban.
18 SEC. 8133. Notwithstanding any other provision of
19 law, any transfer of funds, appropriated or otherwise made
20 available by this Act, for support to friendly foreign coun-
21 tries in connection with the conduct of operations in which
22 the United States is not participating, pursuant to section
23 331(d) of title 10, United States Code, shall be made in
24 accordance with section 8005 of this Act.
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1 SEC. 8134. Funds appropriated in this Act under the
2 heading ‘‘Operation and Maintenance, Defense-Wide’’, for
3 the Defense Security Cooperation Agency, may be used, not-
4 withstanding any other provision of law, to provide sup-
5 plies, services, transportation, including airlift and sealift,
6 and other logistical support to coalition forces to counter
7 the Islamic State of Iraq and Syria: Provided, That the
8 Secretary of Defense shall provide quarterly reports to the
9 congressional defense committees regarding support pro-
10 vided under this section.
11 SEC. 8135. Of the amounts appropriated in this Act
12 under the heading ‘‘Operation and Maintenance, Defense-
13 Wide’’, for the Defense Security Cooperation Agency,
14 $1,299,386,000, to remain available until September 30,
15 2023, shall be available for International Security Coopera-
16 tion Programs and other programs to provide support and
17 assistance to foreign security forces or other groups or indi-
18 viduals to conduct, support or facilitate counterterrorism,
19 crisis response, or building partner capacity programs:
20 Provided, That the Secretary of Defense shall, not less than
21 15 days prior to obligating funds made available in this
22 section, notify the congressional defense committees in writ-
23 ing of the details of any planned obligation: Provided fur-
24 ther, That the Secretary of Defense shall provide quarterly
25 reports to the Committees on Appropriations of the House
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1 of Representatives and the Senate on the use and status of
2 funds made available in this section.
3 SEC. 8136. Of the amounts appropriated in this Act
4 under the heading ‘‘Operation and Maintenance, Defense-
5 Wide’’, for the Defense Security Cooperation Agency,
6 $50,000,000, to remain available until September 30, 2023,
7 shall be for payments to reimburse key cooperating nations
8 for logistical, military, and other support, including access,
9 provided to United States military and stability operations
10 in Afghanistan and to counter the Islamic State of Iraq
11 and Syria: Provided, That such reimbursement payments
12 may be made in such amounts as the Secretary of Defense,
13 with the concurrence of the Secretary of State, and in con-
14 sultation with the Director of the Office of Management and
15 Budget, may determine, based on documentation deter-
16 mined by the Secretary of Defense to adequately account
17 for the support provided, and such determination is final
18 and conclusive upon the accounting officers of the United
19 States, and 15 days following written notification to the
20 appropriate congressional committees: Provided further,
21 That these funds may be used for the purpose of providing
22 specialized training and procuring supplies and specialized
23 equipment and providing such supplies and loaning such
24 equipment on a non-reimbursable basis to coalition forces
25 supporting United States military and stability operations
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1 in Afghanistan and to counter the Islamic State of Iraq
2 and Syria, and 15 days following written notification to
3 the appropriate congressional committees: Provided further,
4 That the Secretary of Defense shall provide quarterly re-
5 ports to the Committees on Appropriations of the House of
6 Representatives and the Senate on the use and status of
7 funds made available in this section.
8 SEC. 8137. Of the amounts appropriated in this Act
9 under the heading ‘‘Operation and Maintenance, Defense-
10 Wide’’, for the Defense Security Cooperation Agency,
11 $370,000,000, to remain available until September 30,
12 2023, shall be available to reimburse Jordan, Lebanon,
13 Egypt, Tunisia, and Oman under section 1226 of the Na-
14 tional Defense Authorization Act for Fiscal Year 2016 (22
15 U.S.C. 2151 note), for enhanced border security, of which
16 not less than $150,000,000 shall be for Jordan: Provided,
17 That the Secretary of Defense shall, not less than 15 days
18 prior to obligating funds made available in this section, no-
19 tify the congressional defense committees in writing of the
20 details of any planned obligation and the nature of the ex-
21 penses incurred: Provided further, That the Secretary of De-
22 fense shall provide quarterly reports to the Committees on
23 Appropriations of the House of Representatives and the
24 Senate on the use and status of funds made available in
25 this section.
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1 SEC. 8138. Up to $500,000,000 of funds appropriated
2 by this Act for the Defense Security Cooperation Agency
3 in ‘‘Operation and Maintenance, Defense-Wide’’ may be
4 used to provide assistance to the Government of Jordan to
5 support the armed forces of Jordan and to enhance security
6 along its borders.
7 SEC. 8139. Of the amounts appropriated in this Act
8 under the heading ‘‘Operation and Maintenance, Defense-
9 Wide’’, for the Defense Security Cooperation Agency,
10 $300,000,000, to remain available until September 30,
11 2023, shall be for the Ukraine Security Assistance Initia-
12 tive: Provided, That such funds shall be available to the Sec-
13 retary of Defense, with the concurrence of the Secretary of
14 State, to provide assistance, including training; equipment;
15 lethal assistance; logistics support, supplies and services;
16 salaries and stipends; sustainment; and intelligence support
17 to the military and national security forces of Ukraine, and
18 to other forces or groups recognized by and under the au-
19 thority of the Government of Ukraine, including govern-
20 mental entities within Ukraine, engaged in resisting Rus-
21 sian aggression against Ukraine, for replacement of any
22 weapons or articles provided to the Government of Ukraine
23 from the inventory of the United States, and to recover or
24 dispose of equipment procured using funds made available
25 in this section in this or prior Acts: Provided further, That
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1 such funds may be obligated and expended notwithstanding
2 section 1250 of the National Defense Authorization Act for
3 Fiscal Year 2016 (Public Law 114-92): Provided further,
4 That the Secretary of Defense shall, not less than 15 days
5 prior to obligating funds made available in this section (or
6 if the Secretary of Defense determines, on a case-by-case
7 basis, that extraordinary circumstances exist that impact
8 the national security of the United States, as far in advance
9 as is practicable) notify the congressional defense commit-
10 tees in writing of the details of any such obligation: Pro-
11 vided further, That the Secretary of Defense shall, not more
12 than 60 days after such notification is made, inform such
13 committees if such funds have not been obligated and the
14 reasons therefor: Provided further, That the Secretary of De-
15 fense shall consult with such committees in advance of the
16 provision of support provided to other forces or groups rec-
17 ognized by and under the authority of the Government of
18 Ukraine: Provided further, That the United States may ac-
19 cept equipment procured using funds made available in this
20 section in this or prior Acts transferred to the security
21 forces of Ukraine and returned by such forces to the United
22 States: Provided further, That equipment procured using
23 funds made available in this section in this or prior Acts,
24 and not yet transferred to the military or national security
25 forces of Ukraine or to other assisted entities, or returned
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1 by such forces or other assisted entities to the United States,
2 may be treated as stocks of the Department of Defense upon
3 written notification to the congressional defense committees:
4 Provided further, That the Secretary of Defense shall pro-
5 vide quarterly reports to the congressional defense commit-
6 tees on the use and status of funds made available in this
7 section.
8 SEC. 8140. (a) None of the funds appropriated or oth-
9 erwise made available by this or any other Act may be used
10 by the Secretary of Defense, or any other official or officer
11 of the Department of Defense, to enter into a contract,
12 memorandum of understanding, or cooperative agreement
13 with, or make a grant to, or provide a loan or loan guar-
14 antee to Rosoboronexport or any subsidiary of
15 Rosoboronexport.
16 (b) The Secretary of Defense may waive the limitation
17 in subsection (a) if the Secretary, in consultation with the
18 Secretary of State and the Director of National Intelligence,
19 determines that it is in the vital national security interest
20 of the United States to do so, and certifies in writing to
21 the congressional defense committees that—
22 (1) Rosoboronexport has ceased the transfer of le-
23 thal military equipment to, and the maintenance of
24 existing lethal military equipment for, the Govern-
25 ment of the Syrian Arab Republic;
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1 (2) the armed forces of the Russian Federation
2 have withdrawn from Crimea, other than armed
3 forces present on military bases subject to agreements
4 in force between the Government of the Russian Fed-
5 eration and the Government of Ukraine; and
6 (3) agents of the Russian Federation have ceased
7 taking active measures to destabilize the control of the
8 Government of Ukraine over eastern Ukraine.
9 (c) The Inspector General of the Department of Defense
10 shall conduct a review of any action involving
11 Rosoboronexport with respect to a waiver issued by the Sec-
12 retary of Defense pursuant to subsection (b), and not later
13 than 90 days after the date on which such a waiver is issued
14 by the Secretary of Defense, the Inspector General shall sub-
15 mit to the congressional defense committees a report con-
16 taining the results of the review conducted with respect to
17 such waiver.
18 SEC. 8141. None of the funds made available by this
19 Act may be used to provide arms, training, or other assist-
20 ance to the Azov Battalion.
21 SEC. 8142. In addition to amounts provided elsewhere
22 in this Act, there is appropriated $1,000,000,000, for an
23 additional amount for ‘‘Procurement, Defense-Wide’’, to re-
24 main available until September 30, 2024, which shall be
25 for the Secretary of Defense to provide to the Government
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1 of Israel for the procurement of the Iron Dome defense sys-
2 tem to counter short-range rocket threats: Provided, That
3 such funds shall be transferred pursuant to an exchange of
4 letters and are in addition to funds provided pursuant to
5 the U.S.-Israel Iron Dome Procurement Agreement, as
6 amended: Provided further, That nothing in the preceding
7 proviso shall be construed to apply to appropriations in
8 this or prior Acts for the procurement of the Iron Dome
9 defense system.
10 SEC. 8143. None of the funds appropriated or other-
11 wise made available by this Act may be used in contraven-
12 tion of the First Amendment of the Constitution.
13 SEC. 8144. None of the funds appropriated or made
14 available in this Act shall be used to support any activity
15 conducted by, or associated with, the Wuhan Institute of
16 Virology.
17 SEC. 8145. None of the funds appropriated or other-
18 wise made available in this or any other Act may be used
19 to transfer, release, or assist in the transfer or release to
20 or within the United States, its territories, or possessions
21 Khalid Sheikh Mohammed or any other detainee who—
22 (1) is not a United States citizen or a member
23 of the Armed Forces of the United States; and
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1 (2) is or was held on or after June 24, 2009, at
2 United States Naval Station, Guantánamo Bay,
3 Cuba, by the Department of Defense.
4 SEC. 8146. None of the funds appropriated or other-
5 wise made available in this Act may be used to transfer
6 any individual detained at United States Naval Station
7 Guantánamo Bay, Cuba, to the custody or control of the
8 individual’s country of origin, any other foreign country,
9 or any other foreign entity except in accordance with sec-
10 tion 1034 of the National Defense Authorization Act for Fis-
11 cal Year 2016 (Public Law 114–92) and section 1035 of
12 the John S. McCain National Defense Authorization Act for
13 Fiscal Year 2019 (Public Law 115–232).
14 SEC. 8147. (a) None of the funds appropriated or oth-
15 erwise made available in this or any other Act may be used
16 to construct, acquire, or modify any facility in the United
17 States, its territories, or possessions to house any individual
18 described in subsection (c) for the purposes of detention or
19 imprisonment in the custody or under the effective control
20 of the Department of Defense.
21 (b) The prohibition in subsection (a) shall not apply
22 to any modification of facilities at United States Naval
23 Station, Guantánamo Bay, Cuba.
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1 (c) An individual described in this subsection is any
2 individual who, as of June 24, 2009, is located at United
3 States Naval Station, Guantánamo Bay, Cuba, and who—
4 (1) is not a citizen of the United States or a
5 member of the Armed Forces of the United States; and
6 (2) is—
7 (A) in the custody or under the effective
8 control of the Department of Defense; or
9 (B) otherwise under detention at United
10 States Naval Station, Guantánamo Bay, Cuba.
11 SEC. 8148. None of the funds made available by this
12 Act may be used to carry out the closure or realignment
13 of the United States Naval Station, Guantánamo Bay,
14 Cuba.
15 SEC. 8149. Section 165 of the Continuing Appropria-
16 tions Act, 2022 (division A of Public Law 117–43) shall
17 be amended by striking ‘‘$53,000,000’’ and inserting
18 ‘‘$85,250,000’’.
19 SEC. 8150. In addition to amounts otherwise made
20 available, there is appropriated $100,000,000 to the Depart-
21 ment of Defense, to remain available until expended, for
22 the same purposes and under the same authorities and con-
23 ditions as amounts made available in section 165(c) of the
24 Continuing Appropriations Act, 2022 (division A of Public
25 Law 117–43).
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1 SEC. 8151. (a) COMMISSION ON PLANNING, PROGRAM-
2 MING, BUDGETING, AND EXECUTION REFORM.—Section
3 1004 of the National Defense Authorization Act for Fiscal
4 Year 2022 (Public Law 117–81; 135 Stat. 1884) is amend-
5 ed—
6 (1) in subsection (a)(2), by striking ‘‘not later’’;
7 and
8 (2) in subsection (b)—
9 (A) in paragraph (3), by striking ‘‘30’’ and
10 inserting ‘‘45’’; and
11 (B) in paragraph (4), by striking ‘‘sub-
12 section (a)(2)’’ and inserting ‘‘paragraph (3)’’.
13 (b) AFGHANISTAN WAR COMMISSION.—Section 1094 of
14 the National Defense Authorization Act for Fiscal Year
15 2022 (Public Law 117–81; 135 Stat. 1942) is amended—
16 (1) in subsection (c)(2)(D)(i), by striking ‘‘60’’
17 and inserting ‘‘90’’; and
18 (2) in subsection (f)(5)(B)(ii), by striking ‘‘sub-
19 section (g)(1)’’ and inserting ‘‘clause (i)’’.
20 (c) CONGRESSIONAL COMMISSION ON THE STRATEGIC
21 POSTURE OF THE UNITED STATES.—Section 1687 of the
22 National Defense Authorization Act for Fiscal Year 2022
23 (Public Law 117–81; 135 Stat. 2126) is amended—
24 (1) in subsection (b)—
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1 (A) in paragraph (2)(A)(ii), by inserting
2 ‘‘(other than experts or consultants the services of
3 which are procured under section 3109 of title 5,
4 United States Code)’’ after ‘‘Federal Govern-
5 ment’’; and
6 (B) in paragraph (3)(A), by striking ‘‘45
7 days after the date of the enactment of this Act’’
8 and inserting ‘‘April 11, 2022’’; and
9 (2) in subsection (d)(1), by striking ‘‘December
10 31, 2022’’ and inserting ‘‘February 28, 2023’’.
11 This division may be cited as the ‘‘Department of De-
12 fense Appropriations Act, 2022’’.
•HR 2471 EAH
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1 DIVISION D—ENERGY AND WATER DEVEL-
2 OPMENT AND RELATED AGENCIES AP-
3 PROPRIATIONS ACT, 2022
4 TITLE I
5 CORPS OF ENGINEERS—CIVIL
6 DEPARTMENT OF THE ARMY
7 CORPS OF ENGINEERS—CIVIL
8 The following appropriations shall be expended under
9 the direction of the Secretary of the Army and the super-
10 vision of the Chief of Engineers for authorized civil func-
11 tions of the Department of the Army pertaining to river
12 and harbor, flood and storm damage reduction, shore pro-
13 tection, aquatic ecosystem restoration, and related efforts.
14 INVESTIGATIONS
15 For expenses necessary where authorized by law for the
16 collection and study of basic information pertaining to
17 river and harbor, flood and storm damage reduction, shore
18 protection, aquatic ecosystem restoration, and related needs;
19 for surveys and detailed studies, and plans and specifica-
20 tions of proposed river and harbor, flood and storm damage
21 reduction, shore protection, and aquatic ecosystem restora-
22 tion projects, and related efforts prior to construction; for
23 restudy of authorized projects; and for miscellaneous inves-
24 tigations, and, when authorized by law, surveys and de-
25 tailed studies, and plans and specifications of projects prior
•HR 2471 EAH
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1 to construction, $143,000,000, to remain available until ex-
2 pended: Provided, That the Secretary shall not deviate from
3 the work plan, once the plan has been submitted to the Com-
4 mittees on Appropriations of both Houses of Congress.
5 CONSTRUCTION
6 For expenses necessary for the construction of river
7 and harbor, flood and storm damage reduction, shore pro-
8 tection, aquatic ecosystem restoration, and related projects
9 authorized by law; for conducting detailed studies, and
10 plans and specifications, of such projects (including those
11 involving participation by States, local governments, or
12 private groups) authorized or made eligible for selection by
13 law (but such detailed studies, and plans and specifications,
14 shall not constitute a commitment of the Government to
15 construction); $2,492,800,000, to remain available until ex-
16 pended; of which $97,539,000, to be derived from the Harbor
17 Maintenance Trust Fund, shall be to cover the Federal share
18 of construction costs for facilities under the Dredged Mate-
19 rial Disposal Facilities program; and of which such sums
20 as are necessary to cover 35 percent of the costs of construc-
21 tion, replacement, rehabilitation, and expansion of inland
22 waterways projects shall be derived from the Inland Water-
23 ways Trust Fund, except as otherwise specifically provided
24 for in law: Provided, That the Secretary shall not deviate
25 from the work plan, once the plan has been submitted to
•HR 2471 EAH
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1 the Committees on Appropriations of both Houses of Con-
2 gress.
3 MISSISSIPPI RIVER AND TRIBUTARIES
4 For expenses necessary for flood damage reduction
5 projects and related efforts in the Mississippi River alluvial
6 valley below Cape Girardeau, Missouri, as authorized by
7 law, $370,000,000, to remain available until expended, of
8 which $10,312,000, to be derived from the Harbor Mainte-
9 nance Trust Fund, shall be to cover the Federal share of
10 eligible operation and maintenance costs for inland harbors:
11 Provided, That the Secretary shall not deviate from the
12 work plan, once the plan has been submitted to the Commit-
13 tees on Appropriations of both Houses of Congress.
14 OPERATION AND MAINTENANCE
15 For expenses necessary for the operation, maintenance,
16 and care of existing river and harbor, flood and storm dam-
17 age reduction, aquatic ecosystem restoration, and related
18 projects authorized by law; providing security for infra-
19 structure owned or operated by the Corps, including admin-
20 istrative buildings and laboratories; maintaining harbor
21 channels provided by a State, municipality, or other public
22 agency that serve essential navigation needs of general com-
23 merce, where authorized by law; surveying and charting
24 northern and northwestern lakes and connecting waters;
25 clearing and straightening channels; and removing obstruc-
•HR 2471 EAH
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1 tions to navigation, $4,570,000,000, to remain available
2 until expended, of which $1,941,442,000, to be derived from
3 the Harbor Maintenance Trust Fund, shall be to cover the
4 Federal share of eligible operations and maintenance costs
5 for coastal harbors and channels, and for inland harbors;
6 of which such sums as become available from the special
7 account for the Corps of Engineers established by the Land
8 and Water Conservation Fund Act of 1965 shall be derived
9 from that account for resource protection, research, inter-
10 pretation, and maintenance activities related to resource
11 protection in the areas at which outdoor recreation is avail-
12 able; of which such sums as become available from fees col-
13 lected under section 217 of Public Law 104–303 shall be
14 used to cover the cost of operation and maintenance of the
15 dredged material disposal facilities for which such fees have
16 been collected; and of which $50,000,000, to be derived from
17 the general fund of the Treasury, shall be to carry out sub-
18 section (c) of section 2106 of the Water Resources Reform
19 and Development Act of 2014 (33 U.S.C. 2238c) and shall
20 be designated as being for such purpose pursuant to para-
21 graph (2)(B) of section 14003 of division B of the
22 Coronavirus Aid, Relief, and Economic Security Act (Pub-
23 lic Law 116–136): Provided, That 1 percent of the total
24 amount of funds provided for each of the programs, projects,
25 or activities funded under this heading shall not be allo-
•HR 2471 EAH
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1 cated to a field operating activity prior to the beginning
2 of the fourth quarter of the fiscal year and shall be available
3 for use by the Chief of Engineers to fund such emergency
4 activities as the Chief of Engineers determines to be nec-
5 essary and appropriate, and that the Chief of Engineers
6 shall allocate during the fourth quarter any remaining
7 funds which have not been used for emergency activities
8 proportionally in accordance with the amounts provided for
9 the programs, projects, or activities: Provided further, That
10 the Secretary shall not deviate from the work plan, once
11 the plan has been submitted to the Committees on Appro-
12 priations of both Houses of Congress: Provided further, That
13 none of the funds provided under this heading in this Act
14 may be used for the projects specified in the table referenced
15 in the succeeding proviso: Provided further, That in addi-
16 tion to any amounts otherwise available for necessary ex-
17 penses to dredge Federal navigation projects in response to,
18 and repair damages to Corps of Engineers Federal projects
19 caused by, natural disasters, available amounts provided
20 under the heading ‘‘Operation and Maintenance’’ in title
21 IV of the Disaster Relief Supplemental Appropriations Act,
22 2022 shall be used for such purposes in the amounts speci-
23 fied and for the projects specified in the table titled ‘‘Corps
24 of Engineers—Damage Repairs’’ in the explanatory state-
25 ment described in section 4 (in the matter preceding divi-
•HR 2471 EAH
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1 sion A of this consolidated Act): Provided further, That ex-
2 penditures made or obligations incurred under the heading
3 ‘‘Corps of Engineers—Civil—Operation and Maintenance’’
4 pursuant to the Continuing Appropriations Act, 2022 for
5 necessary expenses to dredge Federal navigation projects in
6 response to, and repair damages to Corps of Engineers Fed-
7 eral projects caused by, natural disasters shall be charged
8 to available amounts provided under the heading ‘‘Oper-
9 ation and Maintenance’’ in title IV of the Disaster Relief
10 Supplemental Appropriations Act, 2022, consistent with
11 the preceding proviso: Provided further, That each amount
12 repurposed under this heading in this Act that was pre-
13 viously designated by the Congress as an emergency require-
14 ment pursuant to the Balanced Budget and Emergency Def-
15 icit Control Act of 1985 or a concurrent resolution on the
16 budget is designated by the Congress as an emergency re-
17 quirement pursuant to section 4001(a)(1) and section
18 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
19 resolution on the budget for fiscal year 2022.
20 REGULATORY PROGRAM
21 For expenses necessary for administration of laws per-
22 taining to regulation of navigable waters and wetlands,
23 $212,000,000, to remain available until September 30,
24 2023.
•HR 2471 EAH
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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
2 For expenses necessary to clean up contamination
3 from sites in the United States resulting from work per-
4 formed as part of the Nation’s early atomic energy pro-
5 gram, $300,000,000, to remain available until expended.
6 FLOOD CONTROL AND COASTAL EMERGENCIES
7 For expenses necessary to prepare for flood, hurricane,
8 and other natural disasters and support emergency oper-
9 ations, repairs, and other activities in response to such dis-
10 asters as authorized by law, $35,000,000, to remain avail-
11 able until expended.
12 EXPENSES
13 For expenses necessary for the supervision and general
14 administration of the civil works program in the head-
15 quarters of the Corps of Engineers and the offices of the
16 Division Engineers; and for costs of management and oper-
17 ation of the Humphreys Engineer Center Support Activity,
18 the Institute for Water Resources, the United States Army
19 Engineer Research and Development Center, and the
20 United States Army Corps of Engineers Finance Center al-
21 locable to the civil works program, $208,000,000, to remain
22 available until September 30, 2023, of which not to exceed
23 $5,000 may be used for official reception and representation
24 purposes and only during the current fiscal year: Provided,
25 That no part of any other appropriation provided in this
•HR 2471 EAH
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1 title shall be available to fund the civil works activities of
2 the Office of the Chief of Engineers or the civil works execu-
3 tive direction and management activities of the division of-
4 fices: Provided further, That any Flood Control and Coastal
5 Emergencies appropriation may be used to fund the super-
6 vision and general administration of emergency operations,
7 repairs, and other activities in response to any flood, hurri-
8 cane, or other natural disaster.
9 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR
10 CIVIL WORKS
11 For the Office of the Assistant Secretary of the Army
12 for Civil Works as authorized by 10 U.S.C. 3016(b)(3),
13 $5,000,000, to remain available until September 30, 2023:
14 Provided, That not more than 75 percent of such amount
15 may be obligated or expended until the Assistant Secretary
16 submits to the Committees on Appropriations of both
17 Houses of Congress the report required under section 101(d)
18 of this Act and a work plan that allocates at least 95 per-
19 cent of the additional funding provided under each heading
20 in the explanatory statement described in section 4 (in the
21 matter preceding division A of this consolidated Act), to
22 specific programs, projects, or activities.
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1 WATER INFRASTRUCTURE FINANCE AND INNOVATION
2 PROGRAM ACCOUNT
3 For the cost of direct loans and for the cost of guaran-
4 teed loans, as authorized by the Water Infrastructure Fi-
5 nance and Innovation Act of 2014, $5,000,000, to remain
6 available until expended, for safety projects to maintain,
7 upgrade, and repair dams identified in the National Inven-
8 tory of Dams with a primary owner type of state, local
9 government, public utility, or private: Provided, That no
10 project may be funded with amounts provided under this
11 heading for a dam that is identified as jointly owned in
12 the National Inventory of Dams and where one of those
13 joint owners is the Federal Government: Provided further,
14 That such costs, including the cost of modifying such loans,
15 shall be as defined in section 502 of the Congressional Budg-
16 et Act of 1974: Provided further, That these funds are avail-
17 able to subsidize gross obligations for the principal amount
18 of direct loans, including capitalized interest, and total
19 loan principal, including capitalized interest, any part of
20 which is to be guaranteed, not to exceed $500,000,000: Pro-
21 vided further, That within 30 days of enactment of this Act,
22 the Secretary, in consultation with the Office of Manage-
23 ment and Budget, shall transmit a report to the Committees
24 on Appropriations of the House of Representatives and the
25 Senate that provides: (1) an analysis of how subsidy rates
•HR 2471 EAH
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1 will be determined for loans financed by appropriations
2 provided under this heading in this Act; (2) a comparison
3 of the factors that will be considered in estimating subsidy
4 rates for loans financed under this heading in this Act with
5 factors that will be considered in estimates of subsidy rates
6 for other projects authorized by the Water Infrastructure Fi-
7 nance and Innovation Act of 2014, including an analysis
8 of how both sets of rates will be determined; and (3) an
9 analysis of the process for developing draft regulations for
10 the Water Infrastructure Finance and Innovation program,
11 including a crosswalk from the statutory requirements for
12 such program, and a timetable for publishing such regula-
13 tions: Provided further, That the use of direct loans or loan
14 guarantee authority under this heading for direct loans or
15 commitments to guarantee loans for any project shall be
16 in accordance with the criteria published in the Federal
17 Register on June 30, 2020 (85 FR 39189) pursuant to the
18 fourth proviso under the heading ‘‘Water Infrastructure Fi-
19 nance and Innovation Program Account’’ in division D of
20 the Further Consolidated Appropriations Act, 2020 (Public
21 Law 116–94): Provided further, That none of the direct
22 loans or loan guarantee authority made available under
23 this heading shall be available for any project unless the
24 Secretary and the Director of the Office of Management and
25 Budget have certified in advance in writing that the direct
•HR 2471 EAH
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1 loan or loan guarantee, as applicable, and the project com-
2 ply with the criteria referenced in the previous proviso: Pro-
3 vided further, That any references to the Environmental
4 Protection Agency (EPA) or the Administrator in the cri-
5 teria referenced in the previous two provisos shall be deemed
6 to be references to the Army Corps of Engineers or the Sec-
7 retary of the Army, respectively, for purposes of the direct
8 loans or loan guarantee authority made available under
9 this heading: Provided further, That for the purposes of car-
10 rying out the Congressional Budget Act of 1974, the Direc-
11 tor of the Congressional Budget Office may request, and the
12 Secretary shall promptly provide, documentation and infor-
13 mation relating to a project identified in a Letter of Interest
14 submitted to the Secretary pursuant to a Notice of Funding
15 Availability for applications for credit assistance under the
16 Water Infrastructure Finance and Innovation Act Pro-
17 gram, including with respect to a project that was initiated
18 or completed before the date of enactment of this Act.
19 In addition, fees authorized to be collected pursuant
20 to sections 5029 and 5030 of the Water Infrastructure Fi-
21 nance and Innovation Act of 2014 shall be deposited in this
22 account, to remain available until expended.
23 In addition, for administrative expenses to carry out
24 the direct and guaranteed loan programs, $2,200,000, to re-
25 main available until September 30, 2023.
•HR 2471 EAH
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1 GENERAL PROVISIONS—CORPS OF ENGINEERS—
2 CIVIL
3 (INCLUDING TRANSFER OF FUNDS)
4 SEC. 101. (a) None of the funds provided in title I
5 of this Act, or provided by previous appropriations Acts
6 to the agencies or entities funded in title I of this Act that
7 remain available for obligation or expenditure in fiscal year
8 2022, shall be available for obligation or expenditure
9 through a reprogramming of funds that:
10 (1) creates or initiates a new program, project,
11 or activity;
12 (2) eliminates a program, project, or activity;
13 (3) increases funds or personnel for any pro-
14 gram, project, or activity for which funds have been
15 denied or restricted by this Act, unless prior approval
16 is received from the Committees on Appropriations of
17 both Houses of Congress;
18 (4) proposes to use funds directed for a specific
19 activity for a different purpose, unless prior approval
20 is received from the Committees on Appropriations of
21 both Houses of Congress;
22 (5) augments or reduces existing programs,
23 projects, or activities in excess of the amounts con-
24 tained in paragraphs (6) through (10), unless prior
•HR 2471 EAH
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1 approval is received from the Committees on Appro-
2 priations of both Houses of Congress;
3 (6) INVESTIGATIONS.—For a base level over
4 $100,000, reprogramming of 25 percent of the base
5 amount up to a limit of $150,000 per project, study
6 or activity is allowed: Provided, That for a base level
7 less than $100,000, the reprogramming limit is
8 $25,000: Provided further, That up to $25,000 may be
9 reprogrammed into any continuing study or activity
10 that did not receive an appropriation for existing ob-
11 ligations and concomitant administrative expenses;
12 (7) CONSTRUCTION.—For a base level over
13 $2,000,000, reprogramming of 15 percent of the base
14 amount up to a limit of $3,000,000 per project, study
15 or activity is allowed: Provided, That for a base level
16 less than $2,000,000, the reprogramming limit is
17 $300,000: Provided further, That up to $3,000,000
18 may be reprogrammed for settled contractor claims,
19 changed conditions, or real estate deficiency judg-
20 ments: Provided further, That up to $300,000 may be
21 reprogrammed into any continuing study or activity
22 that did not receive an appropriation for existing ob-
23 ligations and concomitant administrative expenses;
24 (8) OPERATION AND MAINTENANCE.—Unlimited
25 reprogramming authority is granted for the Corps to
•HR 2471 EAH
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1 be able to respond to emergencies: Provided, That the
2 Chief of Engineers shall notify the Committees on Ap-
3 propriations of both Houses of Congress of these emer-
4 gency actions as soon thereafter as practicable: Pro-
5 vided further, That for a base level over $1,000,000,
6 reprogramming of 15 percent of the base amount up
7 to a limit of $5,000,000 per project, study, or activity
8 is allowed: Provided further, That for a base level less
9 than $1,000,000, the reprogramming limit is
10 $150,000: Provided further, That $150,000 may be re-
11 programmed into any continuing study or activity
12 that did not receive an appropriation;
13 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The
14 reprogramming guidelines in paragraphs (6), (7),
15 and (8) shall apply to the Investigations, Construc-
16 tion, and Operation and Maintenance portions of the
17 Mississippi River and Tributaries Account, respec-
18 tively; and
19 (10) FORMERLY UTILIZED SITES REMEDIAL AC-
20 TION PROGRAM.—Reprogramming of up to 15 percent
21 of the base of the receiving project is permitted.
22 (b) DE MINIMUS REPROGRAMMINGS.—In no case
23 should a reprogramming for less than $50,000 be submitted
24 to the Committees on Appropriations of both Houses of Con-
25 gress.
•HR 2471 EAH
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1 (c) CONTINUING AUTHORITIES PROGRAM.—Subsection
2 (a)(1) shall not apply to any project or activity funded
3 under the continuing authorities program.
4 (d) Not later than 60 days after the date of enactment
5 of this Act, the Secretary shall submit a report to the Com-
6 mittees on Appropriations of both Houses of Congress to
7 establish the baseline for application of reprogramming and
8 transfer authorities for the current fiscal year which shall
9 include:
10 (1) A table for each appropriation with a sepa-
11 rate column to display the President’s budget request,
12 adjustments made by Congress, adjustments due to
13 enacted rescissions, if applicable, and the fiscal year
14 enacted level; and
15 (2) A delineation in the table for each appro-
16 priation both by object class and program, project
17 and activity as detailed in the budget appendix for
18 the respective appropriations; and
19 (3) An identification of items of special congres-
20 sional interest.
21 SEC. 102. The Secretary shall allocate funds made
22 available in this Act solely in accordance with the provi-
23 sions of this Act and in the explanatory statement described
24 in section 4 (in the matter preceding division A of this con-
25 solidated Act).
•HR 2471 EAH
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1 SEC. 103. None of the funds made available in this
2 title may be used to award or modify any contract that
3 commits funds beyond the amounts appropriated for that
4 program, project, or activity that remain unobligated, ex-
5 cept that such amounts may include any funds that have
6 been made available through reprogramming pursuant to
7 section 101.
8 SEC. 104. The Secretary of the Army may transfer to
9 the Fish and Wildlife Service, and the Fish and Wildlife
10 Service may accept and expend, up to $5,400,000 of funds
11 provided in this title under the heading ‘‘Operation and
12 Maintenance’’ to mitigate for fisheries lost due to Corps of
13 Engineers projects.
14 SEC. 105. None of the funds in this Act shall be used
15 for an open lake placement alternative for dredged material,
16 after evaluating the least costly, environmentally acceptable
17 manner for the disposal or management of dredged material
18 originating from Lake Erie or tributaries thereto, unless it
19 is approved under a State water quality certification pur-
20 suant to section 401 of the Federal Water Pollution Control
21 Act (33 U.S.C. 1341): Provided, That until an open lake
22 placement alternative for dredged material is approved
23 under a State water quality certification, the Corps of En-
24 gineers shall continue upland placement of such dredged
25 material consistent with the requirements of section 101 of
•HR 2471 EAH
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1 the Water Resources Development Act of 1986 (33 U.S.C.
2 2211).
3 SEC. 106. None of the funds made available by this
4 Act may be used to carry out any water supply reallocation
5 study under the Wolf Creek Dam, Lake Cumberland, Ken-
6 tucky, project authorized under the Act of July 24, 1946
7 (60 Stat. 636, ch. 595).
8 SEC. 107. None of the funds made available by this
9 Act or any other Act may be used to reorganize or to trans-
10 fer the Civil Works functions or authority of the Corps of
11 Engineers or the Secretary of the Army to another depart-
12 ment or agency.
13 SEC. 108. Additional funding provided in this Act
14 shall be allocated only to projects determined to be eligible
15 by the Chief of Engineers.
•HR 2471 EAH
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1 TITLE II
2 DEPARTMENT OF THE INTERIOR
3 CENTRAL UTAH PROJECT
4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT
5 For carrying out activities authorized by the Central
6 Utah Project Completion Act, $23,000,000, to remain avail-
7 able until expended, of which $5,000,000 shall be deposited
8 into the Utah Reclamation Mitigation and Conservation
9 Account for use by the Utah Reclamation Mitigation and
10 Conservation Commission: Provided, That of the amount
11 provided under this heading, $1,550,000 shall be available
12 until September 30, 2023, for expenses necessary in car-
13 rying out related responsibilities of the Secretary of the In-
14 terior: Provided further, That for fiscal year 2022, of the
15 amount made available to the Commission under this Act
16 or any other Act, the Commission may use an amount not
17 to exceed $1,850,000 for administrative expenses.
18 BUREAU OF RECLAMATION
19 The following appropriations shall be expended to exe-
20 cute authorized functions of the Bureau of Reclamation:
21 WATER AND RELATED RESOURCES
22 (INCLUDING TRANSFERS OF FUNDS)
23 For management, development, and restoration of
24 water and related natural resources and for related activi-
25 ties, including the operation, maintenance, and rehabilita-
•HR 2471 EAH
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1 tion of reclamation and other facilities, participation in
2 fulfilling related Federal responsibilities to Native Ameri-
3 cans, and related grants to, and cooperative and other
4 agreements with, State and local governments, federally rec-
5 ognized Indian Tribes, and others, $1,747,101,000, to re-
6 main available until expended, of which $71,217,000 shall
7 be available for transfer to the Upper Colorado River Basin
8 Fund and $19,606,000 shall be available for transfer to the
9 Lower Colorado River Basin Development Fund; of which
10 such amounts as may be necessary may be advanced to the
11 Colorado River Dam Fund: Provided, That $40,000,000
12 shall be available for transfer into the Blackfeet Water Set-
13 tlement Implementation Fund established by section 3717
14 of Public Law 114–322: Provided further, That $100,000
15 shall be available for transfer into the Aging Infrastructure
16 Account established by section 9603(d)(1) of the Omnibus
17 Public Land Management Act of 2009, as amended (43
18 U.S.C. 510b(d)(1)): Provided further, That such transfers,
19 except for the transfer authorized by the preceding proviso,
20 may be increased or decreased within the overall appropria-
21 tion under this heading: Provided further, That of the total
22 appropriated, the amount for program activities that can
23 be financed by the Reclamation Fund, the Water Storage
24 Enhancement Receipts account established by section
25 4011(e) of Public Law 114–322, or the Bureau of Reclama-
•HR 2471 EAH
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1 tion special fee account established by 16 U.S.C. 6806 shall
2 be derived from that Fund or account: Provided further,
3 That funds contributed under 43 U.S.C. 395 are available
4 until expended for the purposes for which the funds were
5 contributed: Provided further, That funds advanced under
6 43 U.S.C. 397a shall be credited to this account and are
7 available until expended for the same purposes as the sums
8 appropriated under this heading: Provided further, That of
9 the amounts made available under this heading,
10 $10,000,000 shall be deposited in the San Gabriel Basin
11 Restoration Fund established by section 110 of title I of di-
12 vision B of appendix D of Public Law 106–554: Provided
13 further, That of the amounts provided herein, funds may
14 be used for high-priority projects which shall be carried out
15 by the Youth Conservation Corps, as authorized by 16
16 U.S.C. 1706: Provided further, That within available funds,
17 $250,000 shall be for grants and financial assistance for
18 educational activities.
19 CENTRAL VALLEY PROJECT RESTORATION FUND
20 For carrying out the programs, projects, plans, habitat
21 restoration, improvement, and acquisition provisions of the
22 Central Valley Project Improvement Act, $56,499,000, to be
23 derived from such sums as may be collected in the Central
24 Valley Project Restoration Fund pursuant to sections
25 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575,
•HR 2471 EAH
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1 to remain available until expended: Provided, That the Bu-
2 reau of Reclamation is directed to assess and collect the full
3 amount of the additional mitigation and restoration pay-
4 ments authorized by section 3407(d) of Public Law 102–
5 575: Provided further, That none of the funds made avail-
6 able under this heading may be used for the acquisition or
7 leasing of water for in-stream purposes if the water is al-
8 ready committed to in-stream purposes by a court adopted
9 decree or order.
10 CALIFORNIA BAY-DELTA RESTORATION
11 (INCLUDING TRANSFERS OF FUNDS)
12 For carrying out activities authorized by the Water
13 Supply, Reliability, and Environmental Improvement Act,
14 consistent with plans to be approved by the Secretary of
15 the Interior, $33,000,000, to remain available until ex-
16 pended, of which such amounts as may be necessary to
17 carry out such activities may be transferred to appropriate
18 accounts of other participating Federal agencies to carry
19 out authorized purposes: Provided, That funds appro-
20 priated herein may be used for the Federal share of the costs
21 of CALFED Program management: Provided further, That
22 CALFED implementation shall be carried out in a bal-
23 anced manner with clear performance measures dem-
24 onstrating concurrent progress in achieving the goals and
25 objectives of the Program.
•HR 2471 EAH
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1 POLICY AND ADMINISTRATION
2 For expenses necessary for policy, administration, and
3 related functions in the Office of the Commissioner, the
4 Denver office, and offices in the six regions of the Bureau
5 of Reclamation, to remain available until September 30,
6 2023, $64,400,000, to be derived from the Reclamation
7 Fund and be nonreimbursable as provided in 43 U.S.C.
8 377: Provided, That no part of any other appropriation in
9 this Act shall be available for activities or functions budg-
10 eted as policy and administration expenses.
11 ADMINISTRATIVE PROVISION
12 Appropriations for the Bureau of Reclamation shall
13 be available for purchase and replacement of not to exceed
14 30 motor vehicles, which are for replacement only.
15 GENERAL PROVISIONS—DEPARTMENT OF THE
16 INTERIOR
17 SEC. 201. (a) None of the funds provided in title II
18 of this Act for Water and Related Resources, or provided
19 by previous or subsequent appropriations Acts to the agen-
20 cies or entities funded in title II of this Act for Water and
21 Related Resources that remain available for obligation or
22 expenditure in fiscal year 2022, shall be available for obli-
23 gation or expenditure through a reprogramming of funds
24 that—
•HR 2471 EAH
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1 (1) initiates or creates a new program, project,
2 or activity;
3 (2) eliminates a program, project, or activity;
4 (3) increases funds for any program, project, or
5 activity for which funds have been denied or restricted
6 by this Act, unless prior approval is received from the
7 Committees on Appropriations of both Houses of Con-
8 gress;
9 (4) restarts or resumes any program, project or
10 activity for which funds are not provided in this Act,
11 unless prior approval is received from the Committees
12 on Appropriations of both Houses of Congress;
13 (5) transfers funds in excess of the following lim-
14 its, unless prior approval is received from the Com-
15 mittees on Appropriations of both Houses of Congress:
16 (A) 15 percent for any program, project or
17 activity for which $2,000,000 or more is avail-
18 able at the beginning of the fiscal year; or
19 (B) $400,000 for any program, project or
20 activity for which less than $2,000,000 is avail-
21 able at the beginning of the fiscal year;
22 (6) transfers more than $500,000 from either the
23 Facilities Operation, Maintenance, and Rehabilita-
24 tion category or the Resources Management and De-
25 velopment category to any program, project, or activ-
•HR 2471 EAH
421
1 ity in the other category, unless prior approval is re-
2 ceived from the Committees on Appropriations of both
3 Houses of Congress; or
4 (7) transfers, where necessary to discharge legal
5 obligations of the Bureau of Reclamation, more than
6 $5,000,000 to provide adequate funds for settled con-
7 tractor claims, increased contractor earnings due to
8 accelerated rates of operations, and real estate defi-
9 ciency judgments, unless prior approval is received
10 from the Committees on Appropriations of both
11 Houses of Congress.
12 (b) Subsection (a)(5) shall not apply to any transfer
13 of funds within the Facilities Operation, Maintenance, and
14 Rehabilitation category.
15 (c) For purposes of this section, the term ‘‘transfer’’
16 means any movement of funds into or out of a program,
17 project, or activity.
18 (d) Except as provided in subsections (a) and (b), the
19 amounts made available in this title under the heading
20 ‘‘Bureau of Reclamation—Water and Related Resources’’
21 shall be expended for the programs, projects, and activities
22 specified in the ‘‘Final Bill’’ columns in the ‘‘Water and
23 Related Resources’’ table included under the heading ‘‘Title
24 II—Department of the Interior’’ in the explanatory state-
•HR 2471 EAH
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1 ment described in section 4 (in the matter preceding divi-
2 sion A of this consolidated Act).
3 (e) The Bureau of Reclamation shall submit reports
4 on a quarterly basis to the Committees on Appropriations
5 of both Houses of Congress detailing all the funds repro-
6 grammed between programs, projects, activities, or cat-
7 egories of funding. The first quarterly report shall be sub-
8 mitted not later than 60 days after the date of enactment
9 of this Act.
10 SEC. 202. (a) None of the funds appropriated or other-
11 wise made available by this Act may be used to determine
12 the final point of discharge for the interceptor drain for
13 the San Luis Unit until development by the Secretary of
14 the Interior and the State of California of a plan, which
15 shall conform to the water quality standards of the State
16 of California as approved by the Administrator of the Envi-
17 ronmental Protection Agency, to minimize any detrimental
18 effect of the San Luis drainage waters.
19 (b) The costs of the Kesterson Reservoir Cleanup Pro-
20 gram and the costs of the San Joaquin Valley Drainage
21 Program shall be classified by the Secretary of the Interior
22 as reimbursable or nonreimbursable and collected until fully
23 repaid pursuant to the ‘‘Cleanup Program—Alternative
24 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay-
25 ment Plan’’ described in the report entitled ‘‘Repayment
•HR 2471 EAH
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1 Report, Kesterson Reservoir Cleanup Program and San
2 Joaquin Valley Drainage Program, February 1995’’, pre-
3 pared by the Department of the Interior, Bureau of Rec-
4 lamation. Any future obligations of funds by the United
5 States relating to, or providing for, drainage service or
6 drainage studies for the San Luis Unit shall be fully reim-
7 bursable by San Luis Unit beneficiaries of such service or
8 studies pursuant to Federal reclamation law.
9 SEC. 203. Section 9504(e) of the Omnibus Public Land
10 Management Act of 2009 (42 U.S.C. 10364(e)) is amended
11 by striking ‘‘$610,000,000’’ and inserting ‘‘$750,000,000’’.
12 SEC. 204. Title I of Public Law 108–361 (the
13 CALFED Bay-Delta Authorization Act) (118 Stat. 1681),
14 as amended by section 204 of division D of Public Law
15 116–260, is amended by striking ‘‘2021’’ each place it ap-
16 pears and inserting ‘‘2022’’.
17 SEC. 205. Section 9106(g)(2) of Public Law 111–11
18 (Omnibus Public Land Management Act of 2009) is amend-
19 ed by striking ‘‘2021’’ and inserting ‘‘2022’’.
20 SEC. 206. (a) Section 104(c) of the Reclamation States
21 Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c))
22 is amended by striking ‘‘2021’’ and inserting ‘‘2022’’.
23 (b) Section 301 of the Reclamation States Emergency
24 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended
25 by striking ‘‘2021’’ and inserting ‘‘2022’’.
•HR 2471 EAH
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1 SEC. 207. Section 1101(d) of the Reclamation Projects
2 Authorization and Adjustment Act of 1992 (Public Law
3 102–575) is amended by striking ‘‘$10,000,000’’ and insert-
4 ing ‘‘$13,000,000’’.
5 SEC. 208. None of the funds made available by this
6 Act may be used for pre-construction or construction activi-
7 ties for any project recommended after enactment of the En-
8 ergy and Water Development and Related Agencies Appro-
9 priations Act, 2020 and prior to enactment of this Act by
10 the Secretary of the Interior and transmitted to the appro-
11 priate committees of Congress pursuant to section 4007 of
12 the Water Infrastructure Improvements for the Nation Act
13 (Public Law 114–322) if such project is not named in this
14 Act, Public Law 116–260, or Public Law 117–43.
•HR 2471 EAH
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1 TITLE III
2 DEPARTMENT OF ENERGY
3 ENERGY PROGRAMS
4 ENERGY EFFICIENCY AND RENEWABLE ENERGY
5 For Department of Energy expenses including the pur-
6 chase, construction, and acquisition of plant and capital
7 equipment, and other expenses necessary for energy effi-
8 ciency and renewable energy activities in carrying out the
9 purposes of the Department of Energy Organization Act (42
10 U.S.C. 7101 et seq.), including the acquisition or con-
11 demnation of any real property or any facility or for plant
12 or facility acquisition, construction, or expansion,
13 $3,200,000,000, to remain available until expended: Pro-
14 vided, That of such amount, $209,453,000 shall be available
15 until September 30, 2023, for program direction: Provided
16 further, That of the amount appropriated in this para-
17 graph, $77,047,000 shall be used for projects specified in
18 the table that appears under the heading ‘‘Congressionally
19 Directed Spending Energy Efficiency and Renewable En-
20 ergy Projects’’ in the explanatory statement described in
21 section 4 (in the matter preceding division A of this consoli-
22 dated Act): Provided further, That section 366(e) of the En-
23 ergy Policy and Conservation Act (42 U.S.C. 6326(e)) shall
24 not apply to Federal financial assistance provided under
25 part D of title III of the Energy Policy and Conservation
•HR 2471 EAH
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1 Act (42 U.S.C. 6321 et seq.) from amounts made available
2 under this heading in this Act.
3 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY
4 RESPONSE
5 For Department of Energy expenses including the pur-
6 chase, construction, and acquisition of plant and capital
7 equipment, and other expenses necessary for energy sector
8 cybersecurity, energy security, and emergency response ac-
9 tivities in carrying out the purposes of the Department of
10 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
11 ing the acquisition or condemnation of any real property
12 or any facility or for plant or facility acquisition, construc-
13 tion, or expansion, $185,804,000, to remain available until
14 expended: Provided, That of such amount, $16,000,000 shall
15 be available until September 30, 2023, for program direc-
16 tion: Provided further, That of the amount appropriated
17 in this paragraph, $3,000,000 shall be used for projects
18 specified in the table that appears under the heading ‘‘Con-
19 gressionally Directed Spending Cybersecurity, Energy Se-
20 curity, and Emergency Response Projects’’ in the explana-
21 tory statement described in section 4 (in the matter pre-
22 ceding division A of this consolidated Act).
23 ELECTRICITY
24 For Department of Energy expenses including the pur-
25 chase, construction, and acquisition of plant and capital
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1 equipment, and other expenses necessary for electricity ac-
2 tivities in carrying out the purposes of the Department of
3 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
4 ing the acquisition or condemnation of any real property
5 or any facility or for plant or facility acquisition, construc-
6 tion, or expansion, $277,000,000, to remain available until
7 expended: Provided, That of such amount, $20,000,000 shall
8 be available until September 30, 2023, for program direc-
9 tion: Provided further, That of the amount appropriated
10 in this paragraph, $2,850,000 shall be used for projects
11 specified in the table that appears under the heading ‘‘Con-
12 gressionally Directed Spending Electricity Projects’’ in the
13 explanatory statement described in section 4 (in the matter
14 preceding division A of this consolidated Act).
15 NUCLEAR ENERGY
16 For Department of Energy expenses including the pur-
17 chase, construction, and acquisition of plant and capital
18 equipment, and other expenses necessary for nuclear energy
19 activities in carrying out the purposes of the Department
20 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
21 cluding the acquisition or condemnation of any real prop-
22 erty or any facility or for plant or facility acquisition, con-
23 struction, or expansion, $1,654,800,000, to remain avail-
24 able until expended: Provided, That of such amount,
25 $80,000,000 shall be available until September 30, 2023,
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1 for program direction: Provided further, That for the pur-
2 pose of section 954(a)(6) of the Energy Policy Act of 2005,
3 as amended, the only amount available shall be from the
4 amount specified as including that purpose in the ‘‘Final
5 Bill’’ column in the ‘‘Department of Energy’’ table included
6 under the heading ‘‘Title III—Department of Energy’’ in
7 the explanatory statement described in section 4 (in the
8 matter preceding division A of this consolidated Act).
9 FOSSIL ENERGY AND CARBON MANAGEMENT
10 For Department of Energy expenses necessary in car-
11 rying out fossil energy and carbon management research
12 and development activities, under the authority of the De-
13 partment of Energy Organization Act (42 U.S.C. 7101 et
14 seq.), including the acquisition of interest, including defea-
15 sible and equitable interests in any real property or any
16 facility or for plant or facility acquisition or expansion,
17 and for conducting inquiries, technological investigations
18 and research concerning the extraction, processing, use, and
19 disposal of mineral substances without objectionable social
20 and environmental costs (30 U.S.C. 3, 1602, and 1603),
21 $825,000,000, to remain available until expended: Pro-
22 vided, That of such amount $66,800,000 shall be available
23 until September 30, 2023, for program direction: Provided
24 further, That of the amount appropriated in this para-
25 graph, $20,199,000 shall be used for projects specified in
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1 the table that appears under the heading ‘‘Congressionally
2 Directed Spending Fossil Energy and Carbon Management
3 Projects’’ in the explanatory statement described in section
4 4 (in the matter preceding division A of this consolidated
5 Act).
6 NAVAL PETROLEUM AND OIL SHALE RESERVES
7 For Department of Energy expenses necessary to carry
8 out naval petroleum and oil shale reserve activities,
9 $13,650,000, to remain available until expended: Provided,
10 That notwithstanding any other provision of law, unobli-
11 gated funds remaining from prior years shall be available
12 for all naval petroleum and oil shale reserve activities.
13 STRATEGIC PETROLEUM RESERVE
14 For Department of Energy expenses necessary for
15 Strategic Petroleum Reserve facility development and oper-
16 ations and program management activities pursuant to the
17 Energy Policy and Conservation Act (42 U.S.C. 6201 et
18 seq.), $219,000,000, to remain available until expended.
19 SPR PETROLEUM ACCOUNT
20 For the acquisition, transportation, and injection of
21 petroleum products, and for other necessary expenses pursu-
22 ant to the Energy Policy and Conservation Act of 1975,
23 as amended (42 U.S.C. 6201 et seq.), sections 403 and 404
24 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239
25 note), and section 5010 of the 21st Century Cures Act (Pub-
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1 lic Law 114–255), $7,350,000, to remain available until ex-
2 pended.
3 NORTHEAST HOME HEATING OIL RESERVE
4 For Department of Energy expenses necessary for
5 Northeast Home Heating Oil Reserve storage, operation,
6 and management activities pursuant to the Energy Policy
7 and Conservation Act (42 U.S.C. 6201 et seq.), $6,500,000,
8 to remain available until expended.
9 ENERGY INFORMATION ADMINISTRATION
10 For Department of Energy expenses necessary in car-
11 rying out the activities of the Energy Information Adminis-
12 tration, $129,087,000, to remain available until expended.
13 NON-DEFENSE ENVIRONMENTAL CLEANUP
14 For Department of Energy expenses, including the
15 purchase, construction, and acquisition of plant and cap-
16 ital equipment and other expenses necessary for non-defense
17 environmental cleanup activities in carrying out the pur-
18 poses of the Department of Energy Organization Act (42
19 U.S.C. 7101 et seq.), including the acquisition or con-
20 demnation of any real property or any facility or for plant
21 or facility acquisition, construction, or expansion,
22 $333,863,000, to remain available until expended: Pro-
23 vided, That, in addition, fees collected pursuant to sub-
24 section (b)(1) of section 6939f of title 42, United States
25 Code, and deposited under this heading in fiscal year 2022
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1 pursuant to section 309 of title III of division C of Public
2 Law 116–94 are appropriated, to remain available until
3 expended, for mercury storage costs.
4 URANIUM ENRICHMENT DECONTAMINATION AND
5 DECOMMISSIONING FUND
6 For Department of Energy expenses necessary in car-
7 rying out uranium enrichment facility decontamination
8 and decommissioning, remedial actions, and other activities
9 of title II of the Atomic Energy Act of 1954, and title X,
10 subtitle A, of the Energy Policy Act of 1992, $860,000,000,
11 to be derived from the Uranium Enrichment Decontamina-
12 tion and Decommissioning Fund, to remain available until
13 expended, of which $16,155,000 shall be available in accord-
14 ance with title X, subtitle A, of the Energy Policy Act of
15 1992.
16 SCIENCE
17 For Department of Energy expenses including the pur-
18 chase, construction, and acquisition of plant and capital
19 equipment, and other expenses necessary for science activi-
20 ties in carrying out the purposes of the Department of En-
21 ergy Organization Act (42 U.S.C. 7101 et seq.), including
22 the acquisition or condemnation of any real property or
23 any facility or for plant or facility acquisition, construc-
24 tion, or expansion, and purchase of not more than 35 pas-
25 senger motor vehicles, including one ambulance, for replace-
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1 ment only, $7,475,000,000, to remain available until ex-
2 pended: Provided, That of such amount, $202,000,000 shall
3 be available until September 30, 2023, for program direc-
4 tion.
5 NUCLEAR WASTE DISPOSAL
6 For Department of Energy expenses necessary for nu-
7 clear waste disposal activities to carry out the purposes of
8 the Nuclear Waste Policy Act of 1982, Public Law 97–425,
9 as amended, including interim storage activities,
10 $27,500,000, to remain available until expended, of which
11 $7,500,000 shall be derived from the Nuclear Waste Fund.
12 TECHNOLOGY TRANSITIONS
13 For Department of Energy expenses necessary for car-
14 rying out the activities of technology transitions,
15 $19,470,000, to remain available until expended: Provided,
16 That of such amount, $8,375,000 shall be available until
17 September 30, 2023, for program direction.
18 CLEAN ENERGY DEMONSTRATIONS
19 For Department of Energy expenses, including the
20 purchase, construction, and acquisition of plant and cap-
21 ital equipment and other expenses necessary for clean en-
22 ergy demonstrations in carrying out the purposes of the De-
23 partment of Energy Organization Act (42 U.S.C. 7101 et
24 seq.), including the acquisition or condemnation of any real
25 property or any facility or for plant or facility acquisition,
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1 construction, or expansion, $20,000,000, to remain avail-
2 able until expended: Provided, That of such amount,
3 $8,000,000 shall be available until September 30, 2023, for
4 program direction.
5 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
6 For Department of Energy expenses necessary in car-
7 rying out the activities authorized by section 5012 of the
8 America COMPETES Act (Public Law 110–69),
9 $450,000,000, to remain available until expended: Pro-
10 vided, That of such amount, $36,000,000 shall be available
11 until September 30, 2023, for program direction.
12 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE
13 PROGRAM
14 Such sums as are derived from amounts received from
15 borrowers pursuant to section 1702(b) of the Energy Policy
16 Act of 2005 under this heading in prior Acts, shall be col-
17 lected in accordance with section 502(7) of the Congres-
18 sional Budget Act of 1974: Provided, That for necessary ad-
19 ministrative expenses of the Title 17 Innovative Technology
20 Loan Guarantee Program, as authorized, $32,000,000 is
21 appropriated, to remain available until September 30,
22 2023: Provided further, That up to $32,000,000 of fees col-
23 lected in fiscal year 2022 pursuant to section 1702(h) of
24 the Energy Policy Act of 2005 shall be credited as offsetting
25 collections under this heading and used for necessary ad-
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1 ministrative expenses in this appropriation and shall re-
2 main available until September 30, 2023: Provided further,
3 That to the extent that fees collected in fiscal year 2022
4 exceed $32,000,000, those excess amounts shall be credited
5 as offsetting collections under this heading and available
6 in future fiscal years only to the extent provided in advance
7 in appropriations Acts: Provided further, That the sum
8 herein appropriated from the general fund shall be reduced
9 (1) as such fees are received during fiscal year 2022 (esti-
10 mated at $3,000,000) and (2) to the extent that any remain-
11 ing general fund appropriations can be derived from fees
12 collected in previous fiscal years that are not otherwise ap-
13 propriated, so as to result in a final fiscal year 2022 appro-
14 priation from the general fund estimated at $0: Provided
15 further, That the Department of Energy shall not subordi-
16 nate any loan obligation to other financing in violation of
17 section 1702 of the Energy Policy Act of 2005 or subordi-
18 nate any Guaranteed Obligation to any loan or other debt
19 obligations in violation of section 609.10 of title 10, Code
20 of Federal Regulations.
21 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
22 LOAN PROGRAM
23 For Department of Energy administrative expenses
24 necessary in carrying out the Advanced Technology Vehicles
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1 Manufacturing Loan Program, $5,000,000, to remain
2 available until September 30, 2023.
3 TRIBAL ENERGY LOAN GUARANTEE PROGRAM
4 For Department of Energy administrative expenses
5 necessary in carrying out the Tribal Energy Loan Guar-
6 antee Program, $2,000,000, to remain available until Sep-
7 tember 30, 2023: Provided, That under section 2602(c) of
8 the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Sec-
9 retary of Energy may also provide direct loans, as defined
10 in section 502 of the Congressional Budget Act of 1974 (2
11 U.S.C. 661a): Provided further, That such direct loans shall
12 be made through the Federal Financing Bank, with the full
13 faith and credit of the United States Government on the
14 principal and interest: Provided further, That any funds
15 previously appropriated for the cost of loan guarantees
16 under section 2602(c) of the Energy Policy Act of 1992 (25
17 U.S.C. 3502(c)) may also be used for the cost of direct loans
18 provided under such section of such Act.
19 INDIAN ENERGY POLICY AND PROGRAMS
20 For necessary expenses for Indian Energy activities in
21 carrying out the purposes of the Department of Energy Or-
22 ganization Act (42 U.S.C. 7101 et seq.), $58,000,000, to re-
23 main available until expended: Provided, That of the
24 amount appropriated under this heading, $5,523,000 shall
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1 be available until September 30, 2023, for program direc-
2 tion.
3 DEPARTMENTAL ADMINISTRATION
4 For salaries and expenses of the Department of Energy
5 necessary for departmental administration in carrying out
6 the purposes of the Department of Energy Organization Act
7 (42 U.S.C. 7101 et seq.), $340,578,000, to remain available
8 until September 30, 2023, including the hire of passenger
9 motor vehicles and official reception and representation ex-
10 penses not to exceed $30,000, plus such additional amounts
11 as necessary to cover increases in the estimated amount of
12 cost of work for others notwithstanding the provisions of
13 the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided,
14 That such increases in cost of work are offset by revenue
15 increases of the same or greater amount: Provided further,
16 That moneys received by the Department for miscellaneous
17 revenues estimated to total $100,578,000 in fiscal year 2022
18 may be retained and used for operating expenses within this
19 account, as authorized by section 201 of Public Law 95–
20 238, notwithstanding the provisions of 31 U.S.C. 3302: Pro-
21 vided further, That the sum herein appropriated shall be
22 reduced as collections are received during the fiscal year
23 so as to result in a final fiscal year 2022 appropriation
24 from the general fund estimated at not more than
25 $240,000,000.
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1 OFFICE OF THE INSPECTOR GENERAL
2 For expenses necessary for the Office of the Inspector
3 General in carrying out the provisions of the Inspector Gen-
4 eral Act of 1978, $78,000,000, to remain available until
5 September 30, 2023.
6 ATOMIC ENERGY DEFENSE ACTIVITIES
7 NATIONAL NUCLEAR SECURITY ADMINISTRATION
8 WEAPONS ACTIVITIES
9 For Department of Energy expenses, including the
10 purchase, construction, and acquisition of plant and cap-
11 ital equipment and other incidental expenses necessary for
12 atomic energy defense weapons activities in carrying out
13 the purposes of the Department of Energy Organization Act
14 (42 U.S.C. 7101 et seq.), including the acquisition or con-
15 demnation of any real property or any facility or for plant
16 or facility acquisition, construction, or expansion, and the
17 purchase of not to exceed one ambulance, for replacement
18 only, $15,920,000,000, to remain available until expended:
19 Provided, That of such amount, $117,060,000 shall be avail-
20 able until September 30, 2023, for program direction.
21 DEFENSE NUCLEAR NONPROLIFERATION
22 For Department of Energy expenses, including the
23 purchase, construction, and acquisition of plant and cap-
24 ital equipment and other incidental expenses necessary for
25 defense nuclear nonproliferation activities, in carrying out
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1 the purposes of the Department of Energy Organization Act
2 (42 U.S.C. 7101 et seq.), including the acquisition or con-
3 demnation of any real property or any facility or for plant
4 or facility acquisition, construction, or expansion,
5 $2,354,000,000, to remain available until expended.
6 NAVAL REACTORS
7 (INCLUDING TRANSFER OF FUNDS)
8 For Department of Energy expenses necessary for
9 naval reactors activities to carry out the Department of En-
10 ergy Organization Act (42 U.S.C. 7101 et seq.), including
11 the acquisition (by purchase, condemnation, construction,
12 or otherwise) of real property, plant, and capital equip-
13 ment, facilities, and facility expansion, $1,918,000,000, to
14 remain available until expended, of which, $92,747,000
15 shall be transferred to ‘‘Department of Energy—Energy
16 Programs—Nuclear Energy’’, for the Advanced Test Reac-
17 tor: Provided, That of such amount, $55,579,000 shall be
18 available until September 30, 2023, for program direction.
19 FEDERAL SALARIES AND EXPENSES
20 For expenses necessary for Federal Salaries and Ex-
21 penses in the National Nuclear Security Administration,
22 $464,000,000, to remain available until September 30,
23 2023, including official reception and representation ex-
24 penses not to exceed $17,000.
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1 ENVIRONMENTAL AND OTHER DEFENSE
2 ACTIVITIES
3 DEFENSE ENVIRONMENTAL CLEANUP
4 For Department of Energy expenses, including the
5 purchase, construction, and acquisition of plant and cap-
6 ital equipment and other expenses necessary for atomic en-
7 ergy defense environmental cleanup activities in carrying
8 out the purposes of the Department of Energy Organization
9 Act (42 U.S.C. 7101 et seq.), including the acquisition or
10 condemnation of any real property or any facility or for
11 plant or facility acquisition, construction, or expansion,
12 and the purchase of not to exceed one passenger minivan
13 for replacement only, $6,710,000,000, to remain available
14 until expended: Provided, That of such amount,
15 $305,207,000 shall be available until September 30, 2023,
16 for program direction.
17 DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND
18 DECOMMISSIONING
19 (INCLUDING TRANSFER OF FUNDS)
20 For an additional amount for atomic energy defense
21 environmental cleanup activities for Department of Energy
22 contributions for uranium enrichment decontamination
23 and decommissioning activities, $573,333,000, to be depos-
24 ited into the Defense Environmental Cleanup account,
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1 which shall be transferred to the ‘‘Uranium Enrichment De-
2 contamination and Decommissioning Fund’’.
3 OTHER DEFENSE ACTIVITIES
4 For Department of Energy expenses, including the
5 purchase, construction, and acquisition of plant and cap-
6 ital equipment and other expenses, necessary for atomic en-
7 ergy defense, other defense activities, and classified activi-
8 ties, in carrying out the purposes of the Department of En-
9 ergy Organization Act (42 U.S.C. 7101 et seq.), including
10 the acquisition or condemnation of any real property or
11 any facility or for plant or facility acquisition, construc-
12 tion, or expansion, $985,000,000, to remain available until
13 expended: Provided, That of such amount, $337,636,000
14 shall be available until September 30, 2023, for program
15 direction.
16 POWER MARKETING ADMINISTRATIONS
17 BONNEVILLE POWER ADMINISTRATION FUND
18 Expenditures from the Bonneville Power Administra-
19 tion Fund, established pursuant to Public Law 93–454, are
20 approved for the Umatilla Hatchery Facility project and,
21 in addition, for official reception and representation ex-
22 penses in an amount not to exceed $5,000: Provided, That
23 during fiscal year 2022, no new direct loan obligations may
24 be made.
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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
2 ADMINISTRATION
3 For expenses necessary for operation and maintenance
4 of power transmission facilities and for marketing electric
5 power and energy, including transmission wheeling and
6 ancillary services, pursuant to section 5 of the Flood Con-
7 trol Act of 1944 (16 U.S.C. 825s), as applied to the south-
8 eastern power area, $7,184,000, including official reception
9 and representation expenses in an amount not to exceed
10 $1,500, to remain available until expended: Provided, That
11 notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
12 Control Act of 1944, up to $7,184,000 collected by the
13 Southeastern Power Administration from the sale of power
14 and related services shall be credited to this account as dis-
15 cretionary offsetting collections, to remain available until
16 expended for the sole purpose of funding the annual ex-
17 penses of the Southeastern Power Administration: Provided
18 further, That the sum herein appropriated for annual ex-
19 penses shall be reduced as collections are received during
20 the fiscal year so as to result in a final fiscal year 2022
21 appropriation estimated at not more than $0: Provided fur-
22 ther, That notwithstanding 31 U.S.C. 3302, up to
23 $53,000,000 collected by the Southeastern Power Adminis-
24 tration pursuant to the Flood Control Act of 1944 to recover
25 purchase power and wheeling expenses shall be credited to
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1 this account as offsetting collections, to remain available
2 until expended for the sole purpose of making purchase
3 power and wheeling expenditures: Provided further, That
4 for purposes of this appropriation, annual expenses means
5 expenditures that are generally recovered in the same year
6 that they are incurred (excluding purchase power and
7 wheeling expenses).
8 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
9 ADMINISTRATION
10 For expenses necessary for operation and maintenance
11 of power transmission facilities and for marketing electric
12 power and energy, for construction and acquisition of
13 transmission lines, substations and appurtenant facilities,
14 and for administrative expenses, including official recep-
15 tion and representation expenses in an amount not to ex-
16 ceed $1,500 in carrying out section 5 of the Flood Control
17 Act of 1944 (16 U.S.C. 825s), as applied to the South-
18 western Power Administration, $48,324,000, to remain
19 available until expended: Provided, That notwithstanding
20 31 U.S.C. 3302 and section 5 of the Flood Control Act of
21 1944 (16 U.S.C. 825s), up to $37,924,000 collected by the
22 Southwestern Power Administration from the sale of power
23 and related services shall be credited to this account as dis-
24 cretionary offsetting collections, to remain available until
25 expended, for the sole purpose of funding the annual ex-
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1 penses of the Southwestern Power Administration: Provided
2 further, That the sum herein appropriated for annual ex-
3 penses shall be reduced as collections are received during
4 the fiscal year so as to result in a final fiscal year 2022
5 appropriation estimated at not more than $10,400,000:
6 Provided further, That notwithstanding 31 U.S.C. 3302, up
7 to $39,000,000 collected by the Southwestern Power Admin-
8 istration pursuant to the Flood Control Act of 1944 to re-
9 cover purchase power and wheeling expenses shall be cred-
10 ited to this account as offsetting collections, to remain avail-
11 able until expended for the sole purpose of making purchase
12 power and wheeling expenditures: Provided further, That
13 for purposes of this appropriation, annual expenses means
14 expenditures that are generally recovered in the same year
15 that they are incurred (excluding purchase power and
16 wheeling expenses).
17 CONSTRUCTION, REHABILITATION, OPERATION AND
18 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
19 For carrying out the functions authorized by title III,
20 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
21 7152), and other related activities including conservation
22 and renewable resources programs as authorized,
23 $285,237,000, including official reception and representa-
24 tion expenses in an amount not to exceed $1,500, to remain
25 available until expended, of which $285,237,000 shall be de-
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1 rived from the Department of the Interior Reclamation
2 Fund: Provided, That notwithstanding 31 U.S.C. 3302, sec-
3 tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
4 and section 1 of the Interior Department Appropriation
5 Act, 1939 (43 U.S.C. 392a), up to $194,465,000 collected
6 by the Western Area Power Administration from the sale
7 of power and related services shall be credited to this ac-
8 count as discretionary offsetting collections, to remain
9 available until expended, for the sole purpose of funding
10 the annual expenses of the Western Area Power Administra-
11 tion: Provided further, That the sum herein appropriated
12 for annual expenses shall be reduced as collections are re-
13 ceived during the fiscal year so as to result in a final fiscal
14 year 2022 appropriation estimated at not more than
15 $90,772,000, of which $90,772,000 is derived from the Rec-
16 lamation Fund: Provided further, That notwithstanding 31
17 U.S.C. 3302, up to $170,000,000 collected by the Western
18 Area Power Administration pursuant to the Flood Control
19 Act of 1944 and the Reclamation Project Act of 1939 to
20 recover purchase power and wheeling expenses shall be cred-
21 ited to this account as offsetting collections, to remain avail-
22 able until expended for the sole purpose of making purchase
23 power and wheeling expenditures: Provided further, That
24 for purposes of this appropriation, annual expenses means
25 expenditures that are generally recovered in the same year
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1 that they are incurred (excluding purchase power and
2 wheeling expenses).
3 FALCON AND AMISTAD OPERATING AND MAINTENANCE
4 FUND
5 For operation, maintenance, and emergency costs for
6 the hydroelectric facilities at the Falcon and Amistad
7 Dams, $5,808,000, to remain available until expended, and
8 to be derived from the Falcon and Amistad Operating and
9 Maintenance Fund of the Western Area Power Administra-
10 tion, as provided in section 2 of the Act of June 18, 1954
11 (68 Stat. 255): Provided, That notwithstanding the provi-
12 sions of that Act and of 31 U.S.C. 3302, up to $5,580,000
13 collected by the Western Area Power Administration from
14 the sale of power and related services from the Falcon and
15 Amistad Dams shall be credited to this account as discre-
16 tionary offsetting collections, to remain available until ex-
17 pended for the sole purpose of funding the annual expenses
18 of the hydroelectric facilities of these Dams and associated
19 Western Area Power Administration activities: Provided
20 further, That the sum herein appropriated for annual ex-
21 penses shall be reduced as collections are received during
22 the fiscal year so as to result in a final fiscal year 2022
23 appropriation estimated at not more than $228,000: Pro-
24 vided further, That for purposes of this appropriation, an-
25 nual expenses means expenditures that are generally recov-
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1 ered in the same year that they are incurred: Provided fur-
2 ther, That for fiscal year 2022, the Administrator of the
3 Western Area Power Administration may accept up to
4 $1,737,000 in funds contributed by United States power
5 customers of the Falcon and Amistad Dams for deposit into
6 the Falcon and Amistad Operating and Maintenance Fund,
7 and such funds shall be available for the purpose for which
8 contributed in like manner as if said sums had been specifi-
9 cally appropriated for such purpose: Provided further, That
10 any such funds shall be available without further appro-
11 priation and without fiscal year limitation for use by the
12 Commissioner of the United States Section of the Inter-
13 national Boundary and Water Commission for the sole pur-
14 pose of operating, maintaining, repairing, rehabilitating,
15 replacing, or upgrading the hydroelectric facilities at these
16 Dams in accordance with agreements reached between the
17 Administrator, Commissioner, and the power customers.
18 FEDERAL ENERGY REGULATORY COMMISSION
19 SALARIES AND EXPENSES
20 For expenses necessary for the Federal Energy Regu-
21 latory Commission to carry out the provisions of the De-
22 partment of Energy Organization Act (42 U.S.C. 7101 et
23 seq.), including services as authorized by 5 U.S.C. 3109,
24 official reception and representation expenses not to exceed
25 $3,000, and the hire of passenger motor vehicles,
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1 $466,426,000, to remain available until expended: Pro-
2 vided, That notwithstanding any other provision of law, not
3 to exceed $466,426,000 of revenues from fees and annual
4 charges, and other services and collections in fiscal year
5 2022 shall be retained and used for expenses necessary in
6 this account, and shall remain available until expended:
7 Provided further, That the sum herein appropriated from
8 the general fund shall be reduced as revenues are received
9 during fiscal year 2022 so as to result in a final fiscal year
10 2022 appropriation from the general fund estimated at not
11 more than $0.
12 GENERAL PROVISIONS—DEPARTMENT OF
13 ENERGY
14 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
15 SEC. 301. (a) No appropriation, funds, or authority
16 made available by this title for the Department of Energy
17 shall be used to initiate or resume any program, project,
18 or activity or to prepare or initiate Requests For Proposals
19 or similar arrangements (including Requests for
20 Quotations, Requests for Information, and Funding Oppor-
21 tunity Announcements) for a program, project, or activity
22 if the program, project, or activity has not been funded by
23 Congress.
24 (b)(1) Unless the Secretary of Energy notifies the Com-
25 mittees on Appropriations of both Houses of Congress at
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1 least 3 full business days in advance, none of the funds
2 made available in this title may be used to—
3 (A) make a grant allocation or discretionary
4 grant award totaling $1,000,000 or more;
5 (B) make a discretionary contract award or
6 Other Transaction Agreement totaling $1,000,000 or
7 more, including a contract covered by the Federal Ac-
8 quisition Regulation;
9 (C) issue a letter of intent to make an allocation,
10 award, or Agreement in excess of the limits in sub-
11 paragraph (A) or (B); or
12 (D) announce publicly the intention to make an
13 allocation, award, or Agreement in excess of the limits
14 in subparagraph (A) or (B).
15 (2) The Secretary of Energy shall submit to the Com-
16 mittees on Appropriations of both Houses of Congress with-
17 in 15 days of the conclusion of each quarter a report detail-
18 ing each grant allocation or discretionary grant award to-
19 taling less than $1,000,000 provided during the previous
20 quarter.
21 (3) The notification required by paragraph (1) and the
22 report required by paragraph (2) shall include the recipient
23 of the award, the amount of the award, the fiscal year for
24 which the funds for the award were appropriated, the ac-
25 count and program, project, or activity from which the
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1 funds are being drawn, the title of the award, and a brief
2 description of the activity for which the award is made.
3 (c) The Department of Energy may not, with respect
4 to any program, project, or activity that uses budget au-
5 thority made available in this title under the heading ‘‘De-
6 partment of Energy—Energy Programs’’, enter into a
7 multiyear contract, award a multiyear grant, or enter into
8 a multiyear cooperative agreement unless—
9 (1) the contract, grant, or cooperative agreement
10 is funded for the full period of performance as antici-
11 pated at the time of award; or
12 (2) the contract, grant, or cooperative agreement
13 includes a clause conditioning the Federal Govern-
14 ment’s obligation on the availability of future year
15 budget authority and the Secretary notifies the Com-
16 mittees on Appropriations of both Houses of Congress
17 at least 3 days in advance.
18 (d) Except as provided in subsections (e), (f), and (g),
19 the amounts made available by this title shall be expended
20 as authorized by law for the programs, projects, and activi-
21 ties specified in the ‘‘Final Bill’’ column in the ‘‘Depart-
22 ment of Energy’’ table included under the heading ‘‘Title
23 III—Department of Energy’’ in the explanatory statement
24 described in section 4 (in the matter preceding division A
25 of this consolidated Act).
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1 (e) The amounts made available by this title may be
2 reprogrammed for any program, project, or activity, and
3 the Department shall notify, and obtain the prior approval
4 of, the Committees on Appropriations of both Houses of
5 Congress at least 30 days prior to the use of any proposed
6 reprogramming that would cause any program, project, or
7 activity funding level to increase or decrease by more than
8 $5,000,000 or 10 percent, whichever is less, during the time
9 period covered by this Act.
10 (f) None of the funds provided in this title shall be
11 available for obligation or expenditure through a re-
12 programming of funds that—
13 (1) creates, initiates, or eliminates a program,
14 project, or activity;
15 (2) increases funds or personnel for any pro-
16 gram, project, or activity for which funds are denied
17 or restricted by this Act; or
18 (3) reduces funds that are directed to be used for
19 a specific program, project, or activity by this Act.
20 (g)(1) The Secretary of Energy may waive any re-
21 quirement or restriction in this section that applies to the
22 use of funds made available for the Department of Energy
23 if compliance with such requirement or restriction would
24 pose a substantial risk to human health, the environment,
25 welfare, or national security.
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1 (2) The Secretary of Energy shall notify the Commit-
2 tees on Appropriations of both Houses of Congress of any
3 waiver under paragraph (1) as soon as practicable, but not
4 later than 3 days after the date of the activity to which
5 a requirement or restriction would otherwise have applied.
6 Such notice shall include an explanation of the substantial
7 risk under paragraph (1) that permitted such waiver.
8 (h) The unexpended balances of prior appropriations
9 provided for activities in this Act may be available to the
10 same appropriation accounts for such activities established
11 pursuant to this title. Available balances may be merged
12 with funds in the applicable established accounts and there-
13 after may be accounted for as one fund for the same time
14 period as originally enacted.
15 SEC. 302. Funds appropriated by this or any other
16 Act, or made available by the transfer of funds in this Act,
17 for intelligence activities are deemed to be specifically au-
18 thorized by the Congress for purposes of section 504 of the
19 National Security Act of 1947 (50 U.S.C. 3094) during fis-
20 cal year 2022 until the enactment of the Intelligence Au-
21 thorization Act for fiscal year 2022.
22 SEC. 303. None of the funds made available in this
23 title shall be used for the construction of facilities classified
24 as high-hazard nuclear facilities under 10 CFR Part 830
25 unless independent oversight is conducted by the Office of
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1 Enterprise Assessments to ensure the project is in compli-
2 ance with nuclear safety requirements.
3 SEC. 304. None of the funds made available in this
4 title may be used to approve critical decision-2 or critical
5 decision-3 under Department of Energy Order 413.3B, or
6 any successive departmental guidance, for construction
7 projects where the total project cost exceeds $100,000,000,
8 until a separate independent cost estimate has been devel-
9 oped for the project for that critical decision.
10 SEC. 305. Notwithstanding section 161 of the Energy
11 Policy and Conservation Act (42 U.S.C. 6241), upon a de-
12 termination by the President in this fiscal year that a re-
13 gional supply shortage of refined petroleum product of sig-
14 nificant scope and duration exists, that a severe increase
15 in the price of refined petroleum product will likely result
16 from such shortage, and that a draw down and sale of re-
17 fined petroleum product would assist directly and signifi-
18 cantly in reducing the adverse impact of such shortage, the
19 Secretary of Energy may draw down and sell refined petro-
20 leum product from the Strategic Petroleum Reserve. Pro-
21 ceeds from a sale under this section shall be deposited into
22 the SPR Petroleum Account established in section 167 of
23 the Energy Policy and Conservation Act (42 U.S.C. 6247),
24 and such amounts shall be available for obligation, without
25 fiscal year limitation, consistent with that section.
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1 SEC. 306. No funds shall be transferred directly from
2 ‘‘Department of Energy—Power Marketing Administra-
3 tion—Colorado River Basins Power Marketing Fund, West-
4 ern Area Power Administration’’ to the general fund of the
5 Treasury in the current fiscal year.
6 SEC. 307. (a) Of the unobligated balances available to
7 the Department of Energy from amounts appropriated in
8 prior Acts, the following funds are hereby rescinded from
9 the following accounts and programs in the specified
10 amounts—
11 (1) ‘‘Defense Nuclear Nonproliferation’’ for the
12 construction project ‘‘99–D–143’’, $282,133,000; and
13 (2) ‘‘Naval Reactors’’, $6,000,000.
14 (b) No amounts may be rescinded under subsection (a)
15 from amounts that were previously designated by the Con-
16 gress as an emergency requirement pursuant to a concur-
17 rent resolution on the budget or the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 SEC. 308. Of the unavailable collections currently in
20 the United States Enrichment Corporation Fund,
21 $841,000,000 shall be transferred to and merged with the
22 Uranium Enrichment Decontamination and Decommis-
23 sioning Fund and shall be available only to the extent pro-
24 vided in advance in appropriations Acts.
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1 TITLE IV
2 INDEPENDENT AGENCIES
3 APPALACHIAN REGIONAL COMMISSION
4 For expenses necessary to carry out the programs au-
5 thorized by the Appalachian Regional Development Act of
6 1965, as amended, notwithstanding 40 U.S.C. 14704, and
7 for expenses necessary for the Federal Co-Chairman and the
8 Alternate on the Appalachian Regional Commission, for
9 payment of the Federal share of the administrative expenses
10 of the Commission, including services as authorized by 5
11 U.S.C. 3109, and hire of passenger motor vehicles,
12 $195,000,000, to remain available until expended.
13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD
14 SALARIES AND EXPENSES
15 For expenses necessary for the Defense Nuclear Facili-
16 ties Safety Board in carrying out activities authorized by
17 the Atomic Energy Act of 1954, as amended by Public Law
18 100–456, section 1441, $36,000,000, to remain available
19 until September 30, 2023.
20 DELTA REGIONAL AUTHORITY
21 SALARIES AND EXPENSES
22 For expenses necessary for the Delta Regional Author-
23 ity and to carry out its activities, as authorized by the
24 Delta Regional Authority Act of 2000, notwithstanding sec-
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1 tions 382F(d), 382M, and 382N of said Act, $30,100,000,
2 to remain available until expended.
3 DENALI COMMISSION
4 For expenses necessary for the Denali Commission in-
5 cluding the purchase, construction, and acquisition of plant
6 and capital equipment as necessary and other expenses,
7 $15,100,000, to remain available until expended, notwith-
8 standing the limitations contained in section 306(g) of the
9 Denali Commission Act of 1998: Provided, That funds shall
10 be available for construction projects for which the Denali
11 Commission is the sole or primary funding source in an
12 amount not to exceed 80 percent of total project cost for
13 distressed communities, as defined by section 307 of the
14 Denali Commission Act of 1998 (division C, title III, Pub-
15 lic Law 105–277), as amended by section 701 of appendix
16 D, title VII, Public Law 106–113 (113 Stat. 1501A–280),
17 and an amount not to exceed 50 percent for non-distressed
18 communities: Provided further, That notwithstanding any
19 other provision of law regarding payment of a non-Federal
20 share in connection with a grant-in-aid program, amounts
21 under this heading shall be available for the payment of
22 such a non-Federal share for any project for which the
23 Denali Commission is not the sole or primary funding
24 source, provided that such project is consistent with the pur-
25 poses of the Commission.
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1 NORTHERN BORDER REGIONAL COMMISSION
2 For expenses necessary for the Northern Border Re-
3 gional Commission in carrying out activities authorized by
4 subtitle V of title 40, United States Code, $35,000,000, to
5 remain available until expended: Provided, That such
6 amounts shall be available for administrative expenses, not-
7 withstanding section 15751(b) of title 40, United States
8 Code.
9 SOUTHEAST CRESCENT REGIONAL COMMISSION
10 For expenses necessary for the Southeast Crescent Re-
11 gional Commission in carrying out activities authorized by
12 subtitle V of title 40, United States Code, $5,000,000, to
13 remain available until expended.
14 SOUTHWEST BORDER REGIONAL COMMISSION
15 For expenses necessary for the Southwest Border Re-
16 gional Commission in carrying out activities authorized by
17 subtitle V of title 40, United States Code, $2,500,000, to
18 remain available until expended.
19 NUCLEAR REGULATORY COMMISSION
20 SALARIES AND EXPENSES
21 For expenses necessary for the Commission in carrying
22 out the purposes of the Energy Reorganization Act of 1974
23 and the Atomic Energy Act of 1954, $873,901,000, includ-
24 ing official representation expenses not to exceed $25,000,
25 to remain available until expended: Provided, That of the
•HR 2471 EAH
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1 amount appropriated herein, not more than $9,500,000
2 may be made available for salaries, travel, and other sup-
3 port costs for the Office of the Commission, to remain avail-
4 able until September 30, 2023: Provided further, That reve-
5 nues from licensing fees, inspection services, and other serv-
6 ices and collections estimated at $745,258,000 in fiscal year
7 2022 shall be retained and used for necessary salaries and
8 expenses in this account, notwithstanding 31 U.S.C. 3302,
9 and shall remain available until expended: Provided fur-
10 ther, That the sum herein appropriated shall be reduced by
11 the amount of revenues received during fiscal year 2022 so
12 as to result in a final fiscal year 2022 appropriation esti-
13 mated at not more than $128,643,000.
14 OFFICE OF INSPECTOR GENERAL
15 For expenses necessary for the Office of Inspector Gen-
16 eral in carrying out the provisions of the Inspector General
17 Act of 1978, $13,799,000, to remain available until Sep-
18 tember 30, 2023: Provided, That revenues from licensing
19 fees, inspection services, and other services and collections
20 estimated at $11,442,000 in fiscal year 2022 shall be re-
21 tained and be available until September 30, 2023, for nec-
22 essary salaries and expenses in this account, notwith-
23 standing section 3302 of title 31, United States Code: Pro-
24 vided further, That the sum herein appropriated shall be
25 reduced by the amount of revenues received during fiscal
•HR 2471 EAH
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1 year 2022 so as to result in a final fiscal year 2022 appro-
2 priation estimated at not more than $2,357,000: Provided
3 further, That of the amounts appropriated under this head-
4 ing, $1,146,000 shall be for Inspector General services for
5 the Defense Nuclear Facilities Safety Board.
6 NUCLEAR WASTE TECHNICAL REVIEW BOARD
7 SALARIES AND EXPENSES
8 For expenses necessary for the Nuclear Waste Tech-
9 nical Review Board, as authorized by Public Law 100–203,
10 section 5051, $3,800,000, to be derived from the Nuclear
11 Waste Fund, to remain available until September 30, 2023.
12 GENERAL PROVISIONS—INDEPENDENT
13 AGENCIES
14 SEC. 401. The Nuclear Regulatory Commission shall
15 comply with the July 5, 2011, version of Chapter VI of its
16 Internal Commission Procedures when responding to Con-
17 gressional requests for information, consistent with Depart-
18 ment of Justice guidance for all Federal agencies.
19 SEC. 402. (a) The amounts made available by this title
20 for the Nuclear Regulatory Commission may be repro-
21 grammed for any program, project, or activity, and the
22 Commission shall notify the Committees on Appropriations
23 of both Houses of Congress at least 30 days prior to the
24 use of any proposed reprogramming that would cause any
25 program funding level to increase or decrease by more than
•HR 2471 EAH
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1 $500,000 or 10 percent, whichever is less, during the time
2 period covered by this Act.
3 (b)(1) The Nuclear Regulatory Commission may waive
4 the notification requirement in subsection (a) if compliance
5 with such requirement would pose a substantial risk to
6 human health, the environment, welfare, or national secu-
7 rity.
8 (2) The Nuclear Regulatory Commission shall notify
9 the Committees on Appropriations of both Houses of Con-
10 gress of any waiver under paragraph (1) as soon as prac-
11 ticable, but not later than 3 days after the date of the activ-
12 ity to which a requirement or restriction would otherwise
13 have applied. Such notice shall include an explanation of
14 the substantial risk under paragraph (1) that permitted
15 such waiver and shall provide a detailed report to the Com-
16 mittees of such waiver and changes to funding levels to pro-
17 grams, projects, or activities.
18 (c) Except as provided in subsections (a), (b), and (d),
19 the amounts made available by this title for ‘‘Nuclear Regu-
20 latory Commission—Salaries and Expenses’’ shall be ex-
21 pended as directed in the explanatory statement described
22 in section 4 (in the matter preceding division A of this con-
23 solidated Act).
24 (d) None of the funds provided for the Nuclear Regu-
25 latory Commission shall be available for obligation or ex-
•HR 2471 EAH
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1 penditure through a reprogramming of funds that increases
2 funds or personnel for any program, project, or activity for
3 which funds are denied or restricted by this Act.
4 (e) The Commission shall provide a monthly report to
5 the Committees on Appropriations of both Houses of Con-
6 gress, which includes the following for each program,
7 project, or activity, including any prior year appropria-
8 tions—
9 (1) total budget authority;
10 (2) total unobligated balances; and
11 (3) total unliquidated obligations.
•HR 2471 EAH
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1 TITLE V
2 GENERAL PROVISIONS
3 (INCLUDING TRANSFER OF FUNDS)
4 SEC. 501. None of the funds appropriated by this Act
5 may be used in any way, directly or indirectly, to influence
6 congressional action on any legislation or appropriation
7 matters pending before Congress, other than to commu-
8 nicate to Members of Congress as described in 18 U.S.C.
9 1913.
10 SEC. 502. (a) None of the funds made available in title
11 III of this Act may be transferred to any department, agen-
12 cy, or instrumentality of the United States Government, ex-
13 cept pursuant to a transfer made by or transfer authority
14 provided in this Act or any other appropriations Act for
15 any fiscal year, transfer authority referenced in the explan-
16 atory statement described in section 4 (in the matter pre-
17 ceding division A of this consolidated Act), or any authority
18 whereby a department, agency, or instrumentality of the
19 United States Government may provide goods or services
20 to another department, agency, or instrumentality.
21 (b) None of the funds made available for any depart-
22 ment, agency, or instrumentality of the United States Gov-
23 ernment may be transferred to accounts funded in title III
24 of this Act, except pursuant to a transfer made by or trans-
25 fer authority provided in this Act or any other appropria-
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1 tions Act for any fiscal year, transfer authority referenced
2 in the explanatory statement described in section 4 (in the
3 matter preceding division A of this consolidated Act), or
4 any authority whereby a department, agency, or instru-
5 mentality of the United States Government may provide
6 goods or services to another department, agency, or instru-
7 mentality.
8 (c) The head of any relevant department or agency
9 funded in this Act utilizing any transfer authority shall
10 submit to the Committees on Appropriations of both Houses
11 of Congress a semiannual report detailing the transfer au-
12 thorities, except for any authority whereby a department,
13 agency, or instrumentality of the United States Government
14 may provide goods or services to another department, agen-
15 cy, or instrumentality, used in the previous 6 months and
16 in the year-to-date. This report shall include the amounts
17 transferred and the purposes for which they were trans-
18 ferred, and shall not replace or modify existing notification
19 requirements for each authority.
20 SEC. 503. None of the funds made available by this
21 Act may be used in contravention of Executive Order No.
22 12898 of February 11, 1994 (Federal Actions to Address
23 Environmental Justice in Minority Populations and Low-
24 Income Populations).
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1 SEC. 504. (a) None of the funds made available in this
2 Act may be used to maintain or establish a computer net-
3 work unless such network blocks the viewing, downloading,
4 and exchanging of pornography.
5 (b) Nothing in subsection (a) shall limit the use of
6 funds necessary for any Federal, State, Tribal, or local law
7 enforcement agency or any other entity carrying out crimi-
8 nal investigations, prosecution, or adjudication activities.
9 SEC. 505. The nineteenth proviso under the heading
10 ‘‘Fossil Energy and Carbon Management’’ in title III of
11 division J of Public Law 117–58 is amended by striking
12 ‘‘(b)’’ each place it appears and inserting ‘‘(h)’’: Provided,
13 That amounts repurposed pursuant to this section that were
14 previously designated by the Congress as an emergency re-
15 quirement pursuant to section 4112(a) of H. Con. Res. 71
16 (115th Congress), the concurrent resolution on the budget
17 for fiscal year 2018, and to section 251(b) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985 are des-
19 ignated by the Congress as an emergency requirement pur-
20 suant to section 4001(a)(1) and section 4001(b) of S. Con.
21 Res. 14 (117th Congress), the concurrent resolution on the
22 budget for fiscal year 2022.
23 This division may be cited as the ‘‘Energy and Water
24 Development and Related Agencies Appropriations Act,
25 2022’’.
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1 DIVISION E—FINANCIAL SERVICES AND
2 GENERAL GOVERNMENT APPROPRIA-
3 TIONS ACT, 2022
4 TITLE I
5 DEPARTMENT OF THE TREASURY
6 DEPARTMENTAL OFFICES
7 SALARIES AND EXPENSES
8 For necessary expenses of the Departmental Offices in-
9 cluding operation and maintenance of the Treasury Build-
10 ing and Freedman’s Bank Building; hire of passenger
11 motor vehicles; maintenance, repairs, and improvements of,
12 and purchase of commercial insurance policies for, real
13 properties leased or owned overseas, when necessary for the
14 performance of official business; executive direction pro-
15 gram activities; international affairs and economic policy
16 activities; domestic finance and tax policy activities, in-
17 cluding technical assistance to State, local, and territorial
18 entities; and Treasury-wide management policies and pro-
19 grams activities, $243,109,000: Provided, That of the
20 amount appropriated under this heading—
21 (1) not to exceed $350,000 is for official recep-
22 tion and representation expenses;
23 (2) not to exceed $258,000 is for unforeseen
24 emergencies of a confidential nature to be allocated
25 and expended under the direction of the Secretary of
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1 the Treasury and to be accounted for solely on the
2 Secretary’s certificate; and
3 (3) not to exceed $34,000,000 shall remain avail-
4 able until September 30, 2023, for—
5 (A) the Treasury-wide Financial Statement
6 Audit and Internal Control Program;
7 (B) information technology modernization
8 requirements;
9 (C) the audit, oversight, and administration
10 of the Gulf Coast Restoration Trust Fund;
11 (D) the development and implementation of
12 programs within the Office of Cybersecurity and
13 Critical Infrastructure Protection, including en-
14 tering into cooperative agreements;
15 (E) operations and maintenance of facili-
16 ties; and
17 (F) international operations.
18 COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
19 STATES FUND
20 (INCLUDING TRANSFER OF FUNDS)
21 For necessary expenses of the Committee on Foreign
22 Investment in the United States, $20,000,000, to remain
23 available until expended: Provided, That the chairperson of
24 the Committee may transfer such amounts to any depart-
25 ment or agency represented on the Committee (including
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1 the Department of the Treasury) subject to advance notifi-
2 cation to the Committees on Appropriations of the House
3 of Representatives and the Senate: Provided further, That
4 amounts so transferred shall remain available until ex-
5 pended for expenses of implementing section 721 of the De-
6 fense Production Act of 1950, as amended (50 U.S.C. 4565),
7 and shall be available in addition to any other funds avail-
8 able to any department or agency: Provided further, That
9 fees authorized by section 721(p) of such Act shall be cred-
10 ited to this appropriation as offsetting collections: Provided
11 further, That the total amount appropriated under this
12 heading from the general fund shall be reduced as such off-
13 setting collections are received during fiscal year 2022, so
14 as to result in a total appropriation from the general fund
15 estimated at not more than $0.
16 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
17 SALARIES AND EXPENSES
18 For the necessary expenses of the Office of Terrorism
19 and Financial Intelligence to safeguard the financial sys-
20 tem against illicit use and to combat rogue nations, ter-
21 rorist facilitators, weapons of mass destruction
22 proliferators, human rights abusers, money launderers,
23 drug kingpins, and other national security threats,
24 $195,192,000, of which not less than $3,000,000 shall be
25 available for addressing human rights violations and cor-
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1 ruption, including activities authorized by the Global
2 Magnitsky Human Rights Accountability Act (22 U.S.C.
3 2656 note): Provided, That of the amounts appropriated
4 under this heading, up to $20,000,000 shall remain avail-
5 able until September 30, 2023.
6 CYBERSECURITY ENHANCEMENT ACCOUNT
7 For salaries and expenses for enhanced cybersecurity
8 for systems operated by the Department of the Treasury,
9 $80,000,000, to remain available until September 30, 2024:
10 Provided, That such funds shall supplement and not sup-
11 plant any other amounts made available to the Treasury
12 offices and bureaus for cybersecurity: Provided further,
13 That of the total amount made available under this heading
14 $4,000,000 shall be available for administrative expenses for
15 the Treasury Chief Information Officer to provide oversight
16 of the investments made under this heading: Provided fur-
17 ther, That such funds shall supplement and not supplant
18 any other amounts made available to the Treasury Chief
19 Information Officer.
20 DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS
21 PROGRAMS
22 (INCLUDING TRANSFER OF FUNDS)
23 For development and acquisition of automatic data
24 processing equipment, software, and services and for repairs
25 and renovations to buildings owned by the Department of
•HR 2471 EAH
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1 the Treasury, $6,118,000, to remain available until Sep-
2 tember 30, 2024: Provided, That these funds shall be trans-
3 ferred to accounts and in amounts as necessary to satisfy
4 the requirements of the Department’s offices, bureaus, and
5 other organizations: Provided further, That this transfer
6 authority shall be in addition to any other transfer author-
7 ity provided in this Act: Provided further, That none of
8 the funds appropriated under this heading shall be used to
9 support or supplement ‘‘Internal Revenue Service, Oper-
10 ations Support’’ or ‘‘Internal Revenue Service, Business
11 Systems Modernization’’.
12 OFFICE OF INSPECTOR GENERAL
13 SALARIES AND EXPENSES
14 For necessary expenses of the Office of Inspector Gen-
15 eral in carrying out the provisions of the Inspector General
16 Act of 1978, $42,275,000, including hire of passenger motor
17 vehicles; of which not to exceed $100,000 shall be available
18 for unforeseen emergencies of a confidential nature, to be
19 allocated and expended under the direction of the Inspector
20 General of the Treasury; of which up to $2,800,000 to re-
21 main available until September 30, 2023, shall be for audits
22 and investigations conducted pursuant to section 1608 of
23 the Resources and Ecosystems Sustainability, Tourist Op-
24 portunities, and Revived Economies of the Gulf Coast
25 States Act of 2012 (33 U.S.C. 1321 note); and of which
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1 not to exceed $1,000 shall be available for official reception
2 and representation expenses.
3 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
4 SALARIES AND EXPENSES
5 For necessary expenses of the Treasury Inspector Gen-
6 eral for Tax Administration in carrying out the Inspector
7 General Act of 1978, as amended, including purchase and
8 hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
9 services authorized by 5 U.S.C. 3109, at such rates as may
10 be determined by the Inspector General for Tax Administra-
11 tion; $174,250,000, of which $5,000,000 shall remain avail-
12 able until September 30, 2023; of which not to exceed
13 $6,000,000 shall be available for official travel expenses; of
14 which not to exceed $500,000 shall be available for unfore-
15 seen emergencies of a confidential nature, to be allocated
16 and expended under the direction of the Inspector General
17 for Tax Administration; and of which not to exceed $1,500
18 shall be available for official reception and representation
19 expenses.
20 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET
21 RELIEF PROGRAM
22 SALARIES AND EXPENSES
23 For necessary expenses of the Office of the Special In-
24 spector General in carrying out the provisions of the Emer-
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1 gency Economic Stabilization Act of 2008 (Public Law
2 110–343), $16,000,000.
3 FINANCIAL CRIMES ENFORCEMENT NETWORK
4 SALARIES AND EXPENSES
5 For necessary expenses of the Financial Crimes En-
6 forcement Network, including hire of passenger motor vehi-
7 cles; travel and training expenses of non-Federal and for-
8 eign government personnel to attend meetings and training
9 concerned with domestic and foreign financial intelligence
10 activities, law enforcement, and financial regulation; serv-
11 ices authorized by 5 U.S.C. 3109; not to exceed $25,000 for
12 official reception and representation expenses; and for as-
13 sistance to Federal law enforcement agencies, with or with-
14 out reimbursement, $161,000,000, of which not to exceed
15 $55,000,000 shall remain available until September 30,
16 2024.
17 BUREAU OF THE FISCAL SERVICE
18 SALARIES AND EXPENSES
19 For necessary expenses of operations of the Bureau of
20 the Fiscal Service, $355,936,000; of which not to exceed
21 $8,000,000, to remain available until September 30, 2024,
22 is for information systems modernization initiatives; and
23 of which $5,000 shall be available for official reception and
24 representation expenses.
•HR 2471 EAH
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1 In addition, $165,000, to be derived from the Oil Spill
2 Liability Trust Fund to reimburse administrative and per-
3 sonnel expenses for financial management of the Fund, as
4 authorized by section 1012 of Public Law 101–380.
5 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
6 SALARIES AND EXPENSES
7 For necessary expenses of carrying out section 1111
8 of the Homeland Security Act of 2002, including hire of
9 passenger motor vehicles, $128,067,000; of which not to ex-
10 ceed $6,000 shall be available for official reception and rep-
11 resentation expenses; and of which not to exceed $50,000
12 shall be available for cooperative research and development
13 programs for laboratory services; and provision of labora-
14 tory assistance to State and local agencies with or without
15 reimbursement: Provided, That of the amount appropriated
16 under this heading, $5,000,000 shall be for the costs of accel-
17 erating the processing of formula and label applications:
18 Provided further, That of the amount appropriated under
19 this heading, $5,000,000, to remain available until Sep-
20 tember 30, 2023, shall be for the costs associated with en-
21 forcement of and education regarding the trade practice
22 provisions of the Federal Alcohol Administration Act (27
23 U.S.C. 201 et seq.).
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1 UNITED STATES MINT
2 UNITED STATES MINT PUBLIC ENTERPRISE FUND
3 Pursuant to section 5136 of title 31, United States
4 Code, the United States Mint is provided funding through
5 the United States Mint Public Enterprise Fund for costs
6 associated with the production of circulating coins, numis-
7 matic coins, and protective services, including both oper-
8 ating expenses and capital investments: Provided, That the
9 aggregate amount of new liabilities and obligations in-
10 curred during fiscal year 2022 under such section 5136 for
11 circulating coinage and protective service capital invest-
12 ments of the United States Mint shall not exceed
13 $50,000,000.
14 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
15 FUND PROGRAM ACCOUNT
16 To carry out the Riegle Community Development and
17 Regulatory Improvement Act of 1994 (subtitle A of title I
18 of Public Law 103–325), including services authorized by
19 section 3109 of title 5, United States Code, but at rates for
20 individuals not to exceed the per diem rate equivalent to
21 the rate for EX–III, $295,000,000. Of the amount appro-
22 priated under this heading—
23 (1) not less than $173,383,000, notwithstanding
24 section 108(e) of Public Law 103–325 (12 U.S.C.
25 4707(e)) with regard to Small and/or Emerging Com-
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1 munity Development Financial Institutions Assist-
2 ance awards, is available until September 30, 2023,
3 for financial assistance and technical assistance
4 under subparagraphs (A) and (B) of section
5 108(a)(1), respectively, of Public Law 103–325 (12
6 U.S.C. 4707(a)(1)(A) and (B)), of which up to
7 $1,600,000 may be available for training and out-
8 reach under section 109 of Public Law 103–325 (12
9 U.S.C. 4708), of which up to $3,153,750 may be used
10 for the cost of direct loans, of which up to
11 $10,000,000, notwithstanding subsection (d) of section
12 108 of Public Law 103–325 (12 U.S.C. 4707 (d)),
13 may be available to provide financial assistance, tech-
14 nical assistance, training, and outreach to commu-
15 nity development financial institutions to expand in-
16 vestments that benefit individuals with disabilities,
17 and of which not less than $2,000,000 shall be for the
18 Economic Mobility Corps to be operated in conjunc-
19 tion with the Corporation for National and Commu-
20 nity Service, pursuant to 42 U.S.C. 12571: Provided,
21 That the cost of direct and guaranteed loans, includ-
22 ing the cost of modifying such loans, shall be as de-
23 fined in section 502 of the Congressional Budget Act
24 of 1974: Provided further, That these funds are avail-
25 able to subsidize gross obligations for the principal
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1 amount of direct loans not to exceed $25,000,000:
2 Provided further, That of the funds provided under
3 this paragraph, excluding those made to community
4 development financial institutions to expand invest-
5 ments that benefit individuals with disabilities and
6 those made to community development financial in-
7 stitutions that serve populations living in persistent
8 poverty counties, the CDFI Fund shall prioritize Fi-
9 nancial Assistance awards to organizations that in-
10 vest and lend in high-poverty areas: Provided further,
11 That for purposes of this section, the term ‘‘high-pov-
12 erty area’’ means any census tract with a poverty
13 rate of at least 20 percent as measured by the 2011–
14 2015 5-year data series available from the American
15 Community Survey of the Bureau of the Census for
16 all States and Puerto Rico or with a poverty rate of
17 at least 20 percent as measured by the 2010 Island
18 areas Decennial Census data for any territory or pos-
19 session of the United States;
20 (2) not less than $21,500,000, notwithstanding
21 section 108(e) of Public Law 103–325 (12 U.S.C.
22 4707(e)), is available until September 30, 2023, for fi-
23 nancial assistance, technical assistance, training, and
24 outreach programs designed to benefit Native Amer-
25 ican, Native Hawaiian, and Alaska Native commu-
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1 nities and provided primarily through qualified com-
2 munity development lender organizations with experi-
3 ence and expertise in community development bank-
4 ing and lending in Indian country, Native American
5 organizations, Tribes and Tribal organizations, and
6 other suitable providers;
7 (3) not less than $35,000,000 is available until
8 September 30, 2023, for the Bank Enterprise Award
9 program;
10 (4) not less than $23,000,000, notwithstanding
11 subsections (d) and (e) of section 108 of Public Law
12 103–325 (12 U.S.C. 4707(d) and (e)), is available
13 until September 30, 2023, for a Healthy Food Fi-
14 nancing Initiative to provide financial assistance,
15 technical assistance, training, and outreach to com-
16 munity development financial institutions for the
17 purpose of offering affordable financing and technical
18 assistance to expand the availability of healthy food
19 options in distressed communities;
20 (5) not less than $8,500,000 is available until
21 September 30, 2023, to provide grants for loan loss
22 reserve funds and to provide technical assistance for
23 small dollar loan programs under section 122 of Pub-
24 lic Law 103–325 (12 U.S.C. 4719): Provided, That
25 sections 108(d) and 122(b)(2) of such Public Law
•HR 2471 EAH
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1 shall not apply to the provision of such grants and
2 technical assistance;
3 (6) up to $33,617,000 is available for adminis-
4 trative expenses, including administration of CDFI
5 Fund programs and the New Markets Tax Credit
6 Program, of which not less than $1,000,000 is for the
7 development of tools to better assess and inform CDFI
8 investment performance and CDFI program impacts,
9 and up to $300,000 is for administrative expenses to
10 carry out the direct loan program; and
11 (7) during fiscal year 2022, none of the funds
12 available under this heading are available for the
13 cost, as defined in section 502 of the Congressional
14 Budget Act of 1974, of commitments to guarantee
15 bonds and notes under section 114A of the Riegle
16 Community Development and Regulatory Improve-
17 ment Act of 1994 (12 U.S.C. 4713a): Provided, That
18 commitments to guarantee bonds and notes under
19 such section 114A shall not exceed $500,000,000: Pro-
20 vided further, That such section 114A shall remain in
21 effect until December 31, 2022: Provided further, That
22 of the funds awarded under this heading, except those
23 provided for the Economic Mobility Corps, not less
24 than 10 percent shall be used for awards that support
25 investments that serve populations living in persistent
•HR 2471 EAH
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1 poverty counties: Provided further, That for the pur-
2 poses of this paragraph and paragraph (1), the term
3 ‘‘persistent poverty counties’’ means any county, in-
4 cluding county equivalent areas in Puerto Rico, that
5 has had 20 percent or more of its population living
6 in poverty over the past 30 years, as measured by the
7 1990 and 2000 decennial censuses and the 2011–2015
8 5-year data series available from the American Com-
9 munity Survey of the Bureau of the Census or any
10 other territory or possession of the United States that
11 has had 20 percent or more of its population living
12 in poverty over the past 30 years, as measured by the
13 1990, 2000 and 2010 Island Areas Decennial Cen-
14 suses, or equivalent data, of the Bureau of the Census.
15 INTERNAL REVENUE SERVICE
16 TAXPAYER SERVICES
17 For necessary expenses of the Internal Revenue Service
18 to provide taxpayer services, including pre-filing assistance
19 and education, filing and account services, taxpayer advo-
20 cacy services, and other services as authorized by 5 U.S.C.
21 3109, at such rates as may be determined by the Commis-
22 sioner, $2,780,606,000, of which not to exceed $100,000,000
23 shall remain available until September 30, 2023, of which
24 not less than $11,000,000 shall be for the Tax Counseling
25 for the Elderly Program, of which not less than $13,000,000
•HR 2471 EAH
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1 shall be available for low-income taxpayer clinic grants, of
2 which not less than $30,000,000, to remain available until
3 September 30, 2023, shall be available for the Community
4 Volunteer Income Tax Assistance Matching Grants Pro-
5 gram for tax return preparation assistance, and of which
6 not less than $221,000,000 shall be available for operating
7 expenses of the Taxpayer Advocate Service: Provided, That
8 of the amounts made available for the Taxpayer Advocate
9 Service, not less than $5,500,000 shall be for identity theft
10 and refund fraud casework.
11 ENFORCEMENT
12 For necessary expenses for tax enforcement activities
13 of the Internal Revenue Service to determine and collect
14 owed taxes, to provide legal and litigation support, to con-
15 duct criminal investigations, to enforce criminal statutes
16 related to violations of internal revenue laws and other fi-
17 nancial crimes, to purchase and hire passenger motor vehi-
18 cles (31 U.S.C. 1343(b)), and to provide other services as
19 authorized by 5 U.S.C. 3109, at such rates as may be deter-
20 mined by the Commissioner, $5,437,622,000, of which not
21 to exceed $250,000,000 shall remain available until Sep-
22 tember 30, 2023; of which not less than $60,257,000 shall
23 be for the Interagency Crime and Drug Enforcement pro-
24 gram; of which not to exceed $21,000,000 shall be for inves-
25 tigative technology for the Criminal Investigation Division;
•HR 2471 EAH
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1 and of which not more than $75,000,000 shall be available
2 to address the Internal Revenue Service’s paper inventory
3 of amended returns, correspondence and adjustments to re-
4 turn filings: Provided, That the amount made available for
5 addressing paper inventory shall be in addition to amounts
6 made available for such purpose under the ‘‘Taxpayer Serv-
7 ices’’ heading: Provided further, That the amount made
8 available for investigative technology for the Criminal In-
9 vestigation Division shall be in addition to amounts made
10 available for the Criminal Investigation Division under the
11 ‘‘Operations Support’’ heading.
12 OPERATIONS SUPPORT
13 For necessary expenses of the Internal Revenue Service
14 to support taxpayer services and enforcement programs, in-
15 cluding rent payments; facilities services; printing; postage;
16 physical security; headquarters and other IRS-wide admin-
17 istration activities; research and statistics of income; tele-
18 communications; information technology development, en-
19 hancement, operations, maintenance, and security; the hire
20 of passenger motor vehicles (31 U.S.C. 1343(b)); the oper-
21 ations of the Internal Revenue Service Oversight Board;
22 and other services as authorized by 5 U.S.C. 3109, at such
23 rates as may be determined by the Commissioner;
24 $4,100,826,000, of which not to exceed $275,000,000 shall
25 remain available until September 30, 2023; of which not
•HR 2471 EAH
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1 to exceed $10,000,000 shall remain available until expended
2 for acquisition of equipment and construction, repair and
3 renovation of facilities; of which not to exceed $1,000,000
4 shall remain available until September 30, 2024, for re-
5 search; of which not less than $10,000,000, to remain avail-
6 able until expended, shall be available for establishment of
7 an application through which entities registering and re-
8 newing registrations in the System for Award Management
9 may request an authenticated electronic certification stat-
10 ing that the entity does or does not have a seriously delin-
11 quent tax debt; of which not to exceed $20,000 shall be for
12 official reception and representation expenses; and of which
13 not more than $5,000,000 shall be available to address the
14 Internal Revenue Service’s paper inventory of amended re-
15 turns, correspondence and adjustments to return filings:
16 Provided, That the amount made available for addressing
17 paper inventory shall be in addition to amounts made
18 available for such purpose under the ‘‘Taxpayer Services’’
19 heading: Provided further, That not later than 30 days after
20 the end of each quarter, the Internal Revenue Service shall
21 submit a report to the Committees on Appropriations of the
22 House of Representatives and the Senate and the Comp-
23 troller General of the United States detailing major infor-
24 mation technology investments in the Internal Revenue
25 Service Integrated Modernization Business Plan portfolio,
•HR 2471 EAH
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1 including detailed, plain language summaries on the status
2 of plans, costs, and results; prior results and actual expend-
3 itures of the prior quarter; upcoming deliverables and costs
4 for the fiscal year; risks and mitigation strategies associated
5 with ongoing work; reasons for any cost or schedule
6 variances; and total expenditures by fiscal year: Provided
7 further, That the Internal Revenue Service shall include,
8 in its budget justification for fiscal year 2023, a summary
9 of cost and schedule performance information for its major
10 information technology systems.
11 BUSINESS SYSTEMS MODERNIZATION
12 For necessary expenses of the Internal Revenue Serv-
13 ice’s business systems modernization program,
14 $275,000,000, to remain available until September 30,
15 2024, and shall be for the capital asset acquisition of infor-
16 mation technology systems, including management and re-
17 lated contractual costs of said acquisitions, including re-
18 lated Internal Revenue Service labor costs, and contractual
19 costs associated with operations authorized by 5 U.S.C.
20 3109: Provided, That not later than 30 days after the end
21 of each quarter, the Internal Revenue Service shall submit
22 a report to the Committees on Appropriations of the House
23 of Representatives and the Senate and the Comptroller Gen-
24 eral of the United States detailing major information tech-
25 nology investments in the Internal Revenue Service Inte-
•HR 2471 EAH
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1 grated Modernization Business Plan portfolio, including de-
2 tailed, plain language summaries on the status of plans,
3 costs, and results; prior results and actual expenditures of
4 the prior quarter; upcoming deliverables and costs for the
5 fiscal year; risks and mitigation strategies associated with
6 ongoing work; reasons for any cost or schedule variances;
7 and total expenditures by fiscal year.
8 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE
9 SERVICE
10 (INCLUDING TRANSFER OF FUNDS)
11 SEC. 101. Not to exceed 4 percent of the appropriation
12 made available in this Act to the Internal Revenue Service
13 under the ‘‘Enforcement’’ heading, and not to exceed 5 per-
14 cent of any other appropriation made available in this Act
15 to the Internal Revenue Service, may be transferred to any
16 other Internal Revenue Service appropriation upon the ad-
17 vance approval of the Committees on Appropriations of the
18 House of Representatives and the Senate.
19 SEC. 102. The Internal Revenue Service shall main-
20 tain an employee training program, which shall include the
21 following topics: taxpayers’ rights, dealing courteously with
22 taxpayers, cross-cultural relations, ethics, and the impartial
23 application of tax law.
24 SEC. 103. The Internal Revenue Service shall institute
25 and enforce policies and procedures that will safeguard the
•HR 2471 EAH
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1 confidentiality of taxpayer information and protect tax-
2 payers against identity theft.
3 SEC. 104. Funds made available by this or any other
4 Act to the Internal Revenue Service shall be available for
5 improved facilities and increased staffing to provide suffi-
6 cient and effective 1–800 help line service for taxpayers. The
7 Commissioner shall continue to make improvements to the
8 Internal Revenue Service 1–800 help line service a priority
9 and allocate resources necessary to enhance the response
10 time to taxpayer communications, particularly with regard
11 to victims of tax-related crimes.
12 SEC. 105. The Internal Revenue Service shall issue a
13 notice of confirmation of any address change relating to an
14 employer making employment tax payments, and such no-
15 tice shall be sent to both the employer’s former and new
16 address and an officer or employee of the Internal Revenue
17 Service shall give special consideration to an offer-in-com-
18 promise from a taxpayer who has been the victim of fraud
19 by a third party payroll tax preparer.
20 SEC. 106. None of the funds made available under this
21 Act may be used by the Internal Revenue Service to target
22 citizens of the United States for exercising any right guar-
23 anteed under the First Amendment to the Constitution of
24 the United States.
•HR 2471 EAH
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1 SEC. 107. None of the funds made available in this
2 Act may be used by the Internal Revenue Service to target
3 groups for regulatory scrutiny based on their ideological be-
4 liefs.
5 SEC. 108. None of funds made available by this Act
6 to the Internal Revenue Service shall be obligated or ex-
7 pended on conferences that do not adhere to the procedures,
8 verification processes, documentation requirements, and
9 policies issued by the Chief Financial Officer, Human Cap-
10 ital Office, and Agency-Wide Shared Services as a result
11 of the recommendations in the report published on May 31,
12 2013, by the Treasury Inspector General for Tax Adminis-
13 tration entitled ‘‘Review of the August 2010 Small Busi-
14 ness/Self-Employed Division’s Conference in Anaheim,
15 California’’ (Reference Number 2013–10–037).
16 SEC. 109. None of the funds made available in this
17 Act to the Internal Revenue Service may be obligated or
18 expended—
19 (1) to make a payment to any employee under
20 a bonus, award, or recognition program; or
21 (2) under any hiring or personnel selection proc-
22 ess with respect to re-hiring a former employee;
23 unless such program or process takes into account the con-
24 duct and Federal tax compliance of such employee or former
25 employee.
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1 SEC. 110. None of the funds made available by this
2 Act may be used in contravention of section 6103 of the
3 Internal Revenue Code of 1986 (relating to confidentiality
4 and disclosure of returns and return information).
5 SEC. 111. The Secretary of the Treasury (or the Sec-
6 retary’s delegate) may use the funds made available in this
7 Act, subject to such policies as the Secretary (or the Sec-
8 retary’s delegate) may establish, to utilize direct hire au-
9 thority to recruit and appoint qualified applicants, without
10 regard to any notice or preference requirements, directly to
11 positions in the competitive service to process backlogged tax
12 returns and return information.
13 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE
14 TREASURY
15 (INCLUDING TRANSFERS OF FUNDS)
16 SEC. 112. Appropriations to the Department of the
17 Treasury in this Act shall be available for uniforms or al-
18 lowances therefor, as authorized by law (5 U.S.C. 5901),
19 including maintenance, repairs, and cleaning; purchase of
20 insurance for official motor vehicles operated in foreign
21 countries; purchase of motor vehicles without regard to the
22 general purchase price limitations for vehicles purchased
23 and used overseas for the current fiscal year; entering into
24 contracts with the Department of State for the furnishing
25 of health and medical services to employees and their de-
•HR 2471 EAH
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1 pendents serving in foreign countries; and services author-
2 ized by 5 U.S.C. 3109.
3 SEC. 113. Not to exceed 2 percent of any appropria-
4 tions in this title made available under the headings ‘‘De-
5 partmental Offices—Salaries and Expenses’’, ‘‘Office of In-
6 spector General’’, ‘‘Special Inspector General for the Trou-
7 bled Asset Relief Program’’, ‘‘Financial Crimes Enforce-
8 ment Network’’, ‘‘Bureau of the Fiscal Service’’, and ‘‘Alco-
9 hol and Tobacco Tax and Trade Bureau’’ may be trans-
10 ferred between such appropriations upon the advance ap-
11 proval of the Committees on Appropriations of the House
12 of Representatives and the Senate: Provided, That no trans-
13 fer under this section may increase or decrease any such
14 appropriation by more than 2 percent.
15 SEC. 114. Not to exceed 2 percent of any appropriation
16 made available in this Act to the Internal Revenue Service
17 may be transferred to the Treasury Inspector General for
18 Tax Administration’s appropriation upon the advance ap-
19 proval of the Committees on Appropriations of the House
20 of Representatives and the Senate: Provided, That no trans-
21 fer may increase or decrease any such appropriation by
22 more than 2 percent.
23 SEC. 115. None of the funds appropriated in this Act
24 or otherwise available to the Department of the Treasury
•HR 2471 EAH
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1 or the Bureau of Engraving and Printing may be used to
2 redesign the $1 Federal Reserve note.
3 SEC. 116. The Secretary of the Treasury may transfer
4 funds from the ‘‘Bureau of the Fiscal Service—Salaries and
5 Expenses’’ to the Debt Collection Fund as necessary to cover
6 the costs of debt collection: Provided, That such amounts
7 shall be reimbursed to such salaries and expenses account
8 from debt collections received in the Debt Collection Fund.
9 SEC. 117. None of the funds appropriated or otherwise
10 made available by this or any other Act may be used by
11 the United States Mint to construct or operate any museum
12 without the explicit approval of the Committees on Appro-
13 priations of the House of Representatives and the Senate,
14 the House Committee on Financial Services, and the Senate
15 Committee on Banking, Housing, and Urban Affairs.
16 SEC. 118. None of the funds appropriated or otherwise
17 made available by this or any other Act or source to the
18 Department of the Treasury, the Bureau of Engraving and
19 Printing, and the United States Mint, individually or col-
20 lectively, may be used to consolidate any or all functions
21 of the Bureau of Engraving and Printing and the United
22 States Mint without the explicit approval of the House
23 Committee on Financial Services; the Senate Committee on
24 Banking, Housing, and Urban Affairs; and the Committees
•HR 2471 EAH
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1 on Appropriations of the House of Representatives and the
2 Senate.
3 SEC. 119. Funds appropriated by this Act, or made
4 available by the transfer of funds in this Act, for the De-
5 partment of the Treasury’s intelligence or intelligence re-
6 lated activities are deemed to be specifically authorized by
7 the Congress for purposes of section 504 of the National Se-
8 curity Act of 1947 (50 U.S.C. 414) during fiscal year 2022
9 until the enactment of the Intelligence Authorization Act
10 for Fiscal Year 2022.
11 SEC. 120. Not to exceed $5,000 shall be made available
12 from the Bureau of Engraving and Printing’s Industrial
13 Revolving Fund for necessary official reception and rep-
14 resentation expenses.
15 SEC. 121. The Secretary of the Treasury shall submit
16 a Capital Investment Plan to the Committees on Appro-
17 priations of the House of Representatives and the Senate
18 not later than 30 days following the submission of the an-
19 nual budget submitted by the President: Provided, That
20 such Capital Investment Plan shall include capital invest-
21 ment spending from all accounts within the Department of
22 the Treasury, including but not limited to the Department-
23 wide Systems and Capital Investment Programs account,
24 Treasury Franchise Fund account, and the Treasury For-
25 feiture Fund account: Provided further, That such Capital
•HR 2471 EAH
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1 Investment Plan shall include expenditures occurring in
2 previous fiscal years for each capital investment project
3 that has not been fully completed.
4 SEC. 122. Within 45 days after the date of enactment
5 of this Act, the Secretary of the Treasury shall submit an
6 itemized report to the Committees on Appropriations of the
7 House of Representatives and the Senate on the amount of
8 total funds charged to each office by the Franchise Fund
9 including the amount charged for each service provided by
10 the Franchise Fund to each office, a detailed description
11 of the services, a detailed explanation of how each charge
12 for each service is calculated, and a description of the role
13 customers have in governing in the Franchise Fund.
14 SEC. 123. During fiscal year 2022—
15 (1) none of the funds made available in this or
16 any other Act may be used by the Department of the
17 Treasury, including the Internal Revenue Service, to
18 issue, revise, or finalize any regulation, revenue rul-
19 ing, or other guidance not limited to a particular tax-
20 payer relating to the standard which is used to deter-
21 mine whether an organization is operated exclusively
22 for the promotion of social welfare for purposes of sec-
23 tion 501(c)(4) of the Internal Revenue Code of 1986
24 (including the proposed regulations published at 78
25 Fed. Reg. 71535 (November 29, 2013)); and
•HR 2471 EAH
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1 (2) the standard and definitions as in effect on
2 January 1, 2010, which are used to make such deter-
3 minations shall apply after the date of the enactment
4 of this Act for purposes of determining status under
5 section 501(c)(4) of such Code of organizations cre-
6 ated on, before, or after such date.
7 SEC. 124. (a) Not later than 60 days after the end of
8 each quarter, the Office of Financial Stability and the Of-
9 fice of Financial Research shall submit reports on their ac-
10 tivities to the Committees on Appropriations of the House
11 of Representatives and the Senate, the Committee on Finan-
12 cial Services of the House of Representatives and the Senate
13 Committee on Banking, Housing, and Urban Affairs.
14 (b) The reports required under subsection (a) shall in-
15 clude—
16 (1) the obligations made during the previous
17 quarter by object class, office, and activity;
18 (2) the estimated obligations for the remainder of
19 the fiscal year by object class, office, and activity;
20 (3) the number of full-time equivalents within
21 each office during the previous quarter;
22 (4) the estimated number of full-time equivalents
23 within each office for the remainder of the fiscal year;
24 and
•HR 2471 EAH
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1 (5) actions taken to achieve the goals, objectives,
2 and performance measures of each office.
3 (c) At the request of any such Committees specified in
4 subsection (a), the Office of Financial Stability and the Of-
5 fice of Financial Research shall make officials available to
6 testify on the contents of the reports required under sub-
7 section (a).
8 SEC. 125. In addition to amounts otherwise available,
9 there is appropriated to the Special Inspector General for
10 Pandemic Recovery, $8,000,000, to remain available until
11 expended, for necessary expenses in carrying out section
12 4018 of the Coronavirus Aid, Relief, and Economic Security
13 Act of 2020 (Public Law 116–136).
14 This title may be cited as the ‘‘Department of the
15 Treasury Appropriations Act, 2022’’.
•HR 2471 EAH
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1 TITLE II
2 EXECUTIVE OFFICE OF THE PRESIDENT AND
3 FUNDS APPROPRIATED TO THE PRESIDENT
4 THE WHITE HOUSE
5 SALARIES AND EXPENSES
6 For necessary expenses for the White House as author-
7 ized by law, including not to exceed $3,850,000 for services
8 as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsist-
9 ence expenses as authorized by 3 U.S.C. 105, which shall
10 be expended and accounted for as provided in that section;
11 hire of passenger motor vehicles, and travel (not to exceed
12 $100,000 to be expended and accounted for as provided by
13 3 U.S.C. 103); and not to exceed $19,000 for official recep-
14 tion and representation expenses, to be available for alloca-
15 tion within the Executive Office of the President; and for
16 necessary expenses of the Office of Policy Development, in-
17 cluding services as authorized by 5 U.S.C. 3109 and 3
18 U.S.C. 107, $65,000,000.
19 EXECUTIVE RESIDENCE AT THE WHITE HOUSE
20 OPERATING EXPENSES
21 For necessary expenses of the Executive Residence at
22 the White House, $14,050,000, to be expended and ac-
23 counted for as provided by 3 U.S.C. 105, 109, 110, and
24 112–114.
•HR 2471 EAH
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1 REIMBURSABLE EXPENSES
2 For the reimbursable expenses of the Executive Resi-
3 dence at the White House, such sums as may be necessary:
4 Provided, That all reimbursable operating expenses of the
5 Executive Residence shall be made in accordance with the
6 provisions of this paragraph: Provided further, That, not-
7 withstanding any other provision of law, such amount for
8 reimbursable operating expenses shall be the exclusive au-
9 thority of the Executive Residence to incur obligations and
10 to receive offsetting collections, for such expenses: Provided
11 further, That the Executive Residence shall require each
12 person sponsoring a reimbursable political event to pay in
13 advance an amount equal to the estimated cost of the event,
14 and all such advance payments shall be credited to this ac-
15 count and remain available until expended: Provided fur-
16 ther, That the Executive Residence shall require the na-
17 tional committee of the political party of the President to
18 maintain on deposit $25,000, to be separately accounted for
19 and available for expenses relating to reimbursable political
20 events sponsored by such committee during such fiscal year:
21 Provided further, That the Executive Residence shall ensure
22 that a written notice of any amount owed for a reimburs-
23 able operating expense under this paragraph is submitted
24 to the person owing such amount within 60 days after such
25 expense is incurred, and that such amount is collected with-
•HR 2471 EAH
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1 in 30 days after the submission of such notice: Provided
2 further, That the Executive Residence shall charge interest
3 and assess penalties and other charges on any such amount
4 that is not reimbursed within such 30 days, in accordance
5 with the interest and penalty provisions applicable to an
6 outstanding debt on a United States Government claim
7 under 31 U.S.C. 3717: Provided further, That each such
8 amount that is reimbursed, and any accompanying interest
9 and charges, shall be deposited in the Treasury as miscella-
10 neous receipts: Provided further, That the Executive Resi-
11 dence shall prepare and submit to the Committees on Ap-
12 propriations, by not later than 90 days after the end of
13 the fiscal year covered by this Act, a report setting forth
14 the reimbursable operating expenses of the Executive Resi-
15 dence during the preceding fiscal year, including the total
16 amount of such expenses, the amount of such total that con-
17 sists of reimbursable official and ceremonial events, the
18 amount of such total that consists of reimbursable political
19 events, and the portion of each such amount that has been
20 reimbursed as of the date of the report: Provided further,
21 That the Executive Residence shall maintain a system for
22 the tracking of expenses related to reimbursable events with-
23 in the Executive Residence that includes a standard for the
24 classification of any such expense as political or non-
25 political: Provided further, That no provision of this para-
•HR 2471 EAH
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1 graph may be construed to exempt the Executive Residence
2 from any other applicable requirement of subchapter I or
3 II of chapter 37 of title 31, United States Code.
4 WHITE HOUSE REPAIR AND RESTORATION
5 For the repair, alteration, and improvement of the Ex-
6 ecutive Residence at the White House pursuant to 3 U.S.C.
7 105(d), $2,500,000, to remain available until expended, for
8 required maintenance, resolution of safety and health
9 issues, and continued preventative maintenance.
10 COUNCIL OF ECONOMIC ADVISERS
11 SALARIES AND EXPENSES
12 For necessary expenses of the Council of Economic Ad-
13 visers in carrying out its functions under the Employment
14 Act of 1946 (15 U.S.C. 1021 et seq.), $4,120,000.
15 NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY
16 COUNCIL
17 SALARIES AND EXPENSES
18 For necessary expenses of the National Security Coun-
19 cil and the Homeland Security Council, including services
20 as authorized by 5 U.S.C. 3109, $12,500,000, of which not
21 to exceed $6,000 shall be available for official reception and
22 representation expenses.
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1 OFFICE OF ADMINISTRATION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Office of Administration,
4 including services as authorized by 5 U.S.C. 3109 and 3
5 U.S.C. 107, and hire of passenger motor vehicles,
6 $106,500,000, of which not to exceed $12,800,000 shall re-
7 main available until expended for continued modernization
8 of information resources within the Executive Office of the
9 President: Provided, That of the amounts provided under
10 this heading, up to $4,500,000 shall be available for a pro-
11 gram to provide payments (such as stipends, subsistence al-
12 lowances, cost reimbursements, or awards) to students, re-
13 cent graduates, and veterans recently discharged from ac-
14 tive duty who are performing voluntary services in the Ex-
15 ecutive Office of the President under section 3111(b) of title
16 5, United States Code, or comparable authority and shall
17 be in addition to amounts otherwise available to pay or
18 compensate such individuals: Provided further, That such
19 payments shall not be considered compensation for purposes
20 of such section 3111(b) and may be paid in advance.
21 OFFICE OF MANAGEMENT AND BUDGET
22 SALARIES AND EXPENSES
23 For necessary expenses of the Office of Management
24 and Budget, including hire of passenger motor vehicles and
25 services as authorized by 5 U.S.C. 3109, to carry out the
•HR 2471 EAH
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1 provisions of chapter 35 of title 44, United States Code,
2 and to prepare and submit the budget of the United States
3 Government, in accordance with section 1105(a) of title 31,
4 United States Code, $116,000,000, of which not to exceed
5 $3,000 shall be available for official representation expenses:
6 Provided, That none of the funds appropriated in this Act
7 for the Office of Management and Budget may be used for
8 the purpose of reviewing any agricultural marketing orders
9 or any activities or regulations under the provisions of the
10 Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
11 601 et seq.): Provided further, That none of the funds made
12 available for the Office of Management and Budget by this
13 Act may be expended for the altering of the transcript of
14 actual testimony of witnesses, except for testimony of offi-
15 cials of the Office of Management and Budget, before the
16 Committees on Appropriations or their subcommittees: Pro-
17 vided further, That none of the funds made available for
18 the Office of Management and Budget by this Act may be
19 expended for the altering of the annual work plan developed
20 by the Corps of Engineers for submission to the Committees
21 on Appropriations: Provided further, That none of the funds
22 provided in this or prior Acts shall be used, directly or indi-
23 rectly, by the Office of Management and Budget, for evalu-
24 ating or determining if water resource project or study re-
25 ports submitted by the Chief of Engineers acting through
•HR 2471 EAH
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1 the Secretary of the Army are in compliance with all appli-
2 cable laws, regulations, and requirements relevant to the
3 Civil Works water resource planning process: Provided fur-
4 ther, That the Office of Management and Budget shall have
5 not more than 60 days in which to perform budgetary pol-
6 icy reviews of water resource matters on which the Chief
7 of Engineers has reported: Provided further, That the Direc-
8 tor of the Office of Management and Budget shall notify
9 the appropriate authorizing and appropriating committees
10 when the 60-day review is initiated: Provided further, That
11 if water resource reports have not been transmitted to the
12 appropriate authorizing and appropriating committees
13 within 15 days after the end of the Office of Management
14 and Budget review period based on the notification from
15 the Director, Congress shall assume Office of Management
16 and Budget concurrence with the report and act accord-
17 ingly: Provided further, That no later than 14 days after
18 the submission of the budget of the United States Govern-
19 ment for fiscal year 2023, the Director of the Office of Man-
20 agement and Budget shall make publicly available on a
21 website a tabular list for each agency that submits budget
22 justification materials (as defined in section 3 of the Fed-
23 eral Funding Accountability and Transparency Act of
24 2006) that shall include, at minimum, the name of the
25 agency, the date on which the budget justification materials
•HR 2471 EAH
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1 of the agency were submitted to Congress, and a uniform
2 resource locator where the budget justification materials are
3 published on the website of the agency.
4 INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR
5 For necessary expenses of the Office of the Intellectual
6 Property Enforcement Coordinator, as authorized by title
7 III of the Prioritizing Resources and Organization for In-
8 tellectual Property Act of 2008 (Public Law 110–403), in-
9 cluding services authorized by 5 U.S.C. 3109, $1,838,000.
10 OFFICE OF NATIONAL DRUG CONTROL POLICY
11 SALARIES AND EXPENSES
12 For necessary expenses of the Office of National Drug
13 Control Policy; for research activities pursuant to the Office
14 of National Drug Control Policy Reauthorization Act of
15 1998, as amended; not to exceed $10,000 for official recep-
16 tion and representation expenses; and for participation in
17 joint projects or in the provision of services on matters of
18 mutual interest with nonprofit, research, or public organi-
19 zations or agencies, with or without reimbursement,
20 $18,952,000: Provided, That the Office is authorized to ac-
21 cept, hold, administer, and utilize gifts, both real and per-
22 sonal, public and private, without fiscal year limitation,
23 for the purpose of aiding or facilitating the work of the Of-
24 fice.
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1 FEDERAL DRUG CONTROL PROGRAMS
2 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
3 (INCLUDING TRANSFERS OF FUNDS)
4 For necessary expenses of the Office of National Drug
5 Control Policy’s High Intensity Drug Trafficking Areas
6 Program, $296,600,000, to remain available until Sep-
7 tember 30, 2023, for drug control activities consistent with
8 the approved strategy for each of the designated High Inten-
9 sity Drug Trafficking Areas (‘‘HIDTAs’’), of which not less
10 than 51 percent shall be transferred to State and local enti-
11 ties for drug control activities and shall be obligated not
12 later than 120 days after enactment of this Act: Provided,
13 That up to 49 percent may be transferred to Federal agen-
14 cies and departments in amounts determined by the Direc-
15 tor of the Office of National Drug Control Policy, of which
16 up to $5,800,000 may be used for auditing services and as-
17 sociated activities and $3,500,000 shall be for a new Grants
18 Management System for use by the Office of National Drug
19 Control Policy: Provided further, That any unexpended
20 funds obligated prior to fiscal year 2020 may be used for
21 any other approved activities of that HIDTA, subject to re-
22 programming requirements: Provided further, That each
23 HIDTA designated as of September 30, 2021, shall be fund-
24 ed at not less than the fiscal year 2021 base level, unless
25 the Director submits to the Committees on Appropriations
•HR 2471 EAH
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1 of the House of Representatives and the Senate justification
2 for changes to those levels based on clearly articulated prior-
3 ities and published Office of National Drug Control Policy
4 performance measures of effectiveness: Provided further,
5 That the Director shall notify the Committees on Appro-
6 priations of the initial allocation of fiscal year 2022 fund-
7 ing among HIDTAs not later than 45 days after enactment
8 of this Act, and shall notify the Committees of planned uses
9 of discretionary HIDTA funding, as determined in con-
10 sultation with the HIDTA Directors, not later than 90 days
11 after enactment of this Act: Provided further, That upon
12 a determination that all or part of the funds so transferred
13 from this appropriation are not necessary for the purposes
14 provided herein and upon notification to the Committees
15 on Appropriations of the House of Representatives and the
16 Senate, such amounts may be transferred back to this ap-
17 propriation.
18 OTHER FEDERAL DRUG CONTROL PROGRAMS
19 (INCLUDING TRANSFERS OF FUNDS)
20 For other drug control activities authorized by the
21 Anti-Drug Abuse Act of 1988 and the Office of National
22 Drug Control Policy Reauthorization Act of 1998, as
23 amended, $133,617,000, to remain available until ex-
24 pended, which shall be available as follows: $106,000,000
25 for the Drug-Free Communities Program, of which not more
•HR 2471 EAH
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1 than $11,250,000 is for administrative expenses, and of
2 which $2,500,000 shall be made available as directed by sec-
3 tion 4 of Public Law 107–82, as amended by section 8204
4 of Public Law 115–271; $3,000,000 for drug court training
5 and technical assistance; $15,000,000 for anti-doping ac-
6 tivities; up to $3,167,000 for the United States membership
7 dues to the World Anti-Doping Agency; $1,250,000 for the
8 Model Acts Program; and $5,200,000 for activities author-
9 ized by section 103 of Public Law 114–198: Provided, That
10 amounts made available under this heading may be trans-
11 ferred to other Federal departments and agencies to carry
12 out such activities: Provided further, That the Director of
13 the Office of National Drug Control Policy shall, not fewer
14 than 30 days prior to obligating funds under this heading
15 for United States membership dues to the World Anti-
16 Doping Agency, submit to the Committees on Appropria-
17 tions of the House of Representatives and the Senate a
18 spending plan and explanation of the proposed uses of these
19 funds.
20 UNANTICIPATED NEEDS
21 For expenses necessary to enable the President to meet
22 unanticipated needs, in furtherance of the national interest,
23 security, or defense which may arise at home or abroad dur-
24 ing the current fiscal year, as authorized by 3 U.S.C. 108,
25 $1,000,000, to remain available until September 30, 2023.
•HR 2471 EAH
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1 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses for the furtherance of inte-
4 grated, efficient, secure, and effective uses of information
5 technology in the Federal Government, $8,000,000, to re-
6 main available until expended: Provided, That the Director
7 of the Office of Management and Budget may transfer these
8 funds to one or more other agencies to carry out projects
9 to meet these purposes.
10 SPECIAL ASSISTANCE TO THE PRESIDENT
11 SALARIES AND EXPENSES
12 For necessary expenses to enable the Vice President to
13 provide assistance to the President in connection with spe-
14 cially assigned functions; services as authorized by 5 U.S.C.
15 3109 and 3 U.S.C. 106, including subsistence expenses as
16 authorized by 3 U.S.C. 106, which shall be expended and
17 accounted for as provided in that section; and hire of pas-
18 senger motor vehicles, $4,839,000.
19 OFFICIAL RESIDENCE OF THE VICE PRESIDENT
20 OPERATING EXPENSES
21 (INCLUDING TRANSFER OF FUNDS)
22 For the care, operation, refurnishing, improvement,
23 and to the extent not otherwise provided for, heating and
24 lighting, including electric power and fixtures, of the offi-
25 cial residence of the Vice President; the hire of passenger
•HR 2471 EAH
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1 motor vehicles; and not to exceed $90,000 pursuant to 3
2 U.S.C. 106(b)(2), $311,000: Provided, That advances, re-
3 payments, or transfers from this appropriation may be
4 made to any department or agency for expenses of carrying
5 out such activities.
6 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF
7 THE PRESIDENT AND FUNDS APPROPRIATED TO THE
8 PRESIDENT
9 (INCLUDING TRANSFER OF FUNDS)
10 SEC. 201. From funds made available in this Act
11 under the headings ‘‘The White House’’, ‘‘Executive Resi-
12 dence at the White House’’, ‘‘White House Repair and Res-
13 toration’’, ‘‘Council of Economic Advisers’’, ‘‘National Se-
14 curity Council and Homeland Security Council’’, ‘‘Office
15 of Administration’’, ‘‘Special Assistance to the President’’,
16 and ‘‘Official Residence of the Vice President’’, the Director
17 of the Office of Management and Budget (or such other offi-
18 cer as the President may designate in writing), may, with
19 advance approval of the Committees on Appropriations of
20 the House of Representatives and the Senate, transfer not
21 to exceed 10 percent of any such appropriation to any other
22 such appropriation, to be merged with and available for
23 the same time and for the same purposes as the appropria-
24 tion to which transferred: Provided, That the amount of an
25 appropriation shall not be increased by more than 50 per-
•HR 2471 EAH
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1 cent by such transfers: Provided further, That no amount
2 shall be transferred from ‘‘Special Assistance to the Presi-
3 dent’’ or ‘‘Official Residence of the Vice President’’ without
4 the approval of the Vice President.
5 SEC. 202. (a) During fiscal year 2022, any Executive
6 order or Presidential memorandum issued or revoked by the
7 President shall be accompanied by a written statement from
8 the Director of the Office of Management and Budget on
9 the budgetary impact, including costs, benefits, and reve-
10 nues, of such order or memorandum.
11 (b) Any such statement shall include—
12 (1) a narrative summary of the budgetary im-
13 pact of such order or memorandum on the Federal
14 Government;
15 (2) the impact on mandatory and discretionary
16 obligations and outlays as the result of such order or
17 memorandum, listed by Federal agency, for each year
18 in the 5-fiscal-year period beginning in fiscal year
19 2022; and
20 (3) the impact on revenues of the Federal Gov-
21 ernment as the result of such order or memorandum
22 over the 5-fiscal-year period beginning in fiscal year
23 2022.
24 (c) If an Executive order or Presidential memorandum
25 is issued during fiscal year 2022 due to a national emer-
•HR 2471 EAH
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1 gency, the Director of the Office of Management and Budget
2 may issue the statement required by subsection (a) not later
3 than 15 days after the date that such order or memorandum
4 is issued.
5 (d) The requirement for cost estimates for Presidential
6 memoranda shall only apply for Presidential memoranda
7 estimated to have a regulatory cost in excess of
8 $100,000,000.
9 SEC. 203. Not later than 30 days after the date of en-
10 actment of this Act, the Director of the Office of Manage-
11 ment and Budget shall issue a memorandum to all Federal
12 departments, agencies, and corporations directing compli-
13 ance with the provisions in title VII of this Act.
14 SEC. 204. (a) Beginning not later than 10 days after
15 the date of enactment of this Act and until the requirements
16 of subsection (b) are completed, the Office of Management
17 and Budget shall provide to the Committees on Appropria-
18 tions and the Budget of the House of Representatives and
19 the Senate each document apportioning an appropriation,
20 pursuant to section 1513(b) of title 31, United States Code,
21 approved by the Office of Management and Budget, includ-
22 ing any associated footnotes, not later than 2 business days
23 after the date of approval of such apportionment by the Of-
24 fice of Management and Budget.
•HR 2471 EAH
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1 (b) Not later than 120 days after the date of enactment
2 of this Act, the Office of Management and Budget shall com-
3 plete implementation of an automated system to post each
4 document apportioning an appropriation, pursuant to sec-
5 tion 1513(b) of title 31, United States Code, including any
6 associated footnotes, in a format that qualifies each such
7 document as an Open Government Data Asset (as defined
8 in section 3502 of title 44, United States Code), not later
9 than 2 business days after the date of approval of such ap-
10 portionment, and shall place on such website each document
11 apportioning an appropriation, pursuant to such section
12 1513(b), including any associated footnotes, already ap-
13 proved the current fiscal year, and shall report the date of
14 completion of such requirements to the Committees on Ap-
15 propriations and the Budget of the House of Representatives
16 and Senate.
17 (c) Each document apportioning an appropriation
18 pursuant to section 1513(b) of title 31, United States Code,
19 that is posted on a publicly accessible website pursuant to
20 such section shall also include a written explanation by the
21 official approving each such apportionment stating the ra-
22 tionale for any footnotes for apportioned amounts: Pro-
23 vided, That the Office of Management and Budget or the
24 applicable department or agency shall make available clas-
25 sified documentation referenced in any apportionment at
•HR 2471 EAH
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1 the request of the chair or ranking member of any appro-
2 priate congressional committee or subcommittee.
3 (d)(1) Not later than 15 days after the date of enact-
4 ment of this Act, any delegation of apportionment authority
5 pursuant to section 1513(b) of title 31, United States Code,
6 that is in effect as of such date shall be submitted for publi-
7 cation in the Federal Register: Provided, That any delega-
8 tion of such apportionment authority after the date of en-
9 actment of this section shall, on the date of such delegation,
10 be submitted for publication in the Federal Register: Pro-
11 vided further, That the Office of Management and Budget
12 shall publish such delegations in a format that qualifies
13 such publications as an Open Government Data Asset (as
14 defined in section 3502 of title 44, United States Code) on
15 a public Internet website, which shall be continuously up-
16 dated with the position of each Federal officer or employee
17 to whom apportionment authority has been delegated.
18 (2) Not later than 5 days after any change in the posi-
19 tion of the approving official with respect to such delegated
20 apportionment authority for any account is made, the Of-
21 fice shall submit a report to the appropriate congressional
22 committees explaining why such change was made.
23 This title may be cited as the ‘‘Executive Office of the
24 President Appropriations Act, 2022’’.
•HR 2471 EAH
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1 TITLE III
2 THE JUDICIARY
3 SUPREME COURT OF THE UNITED STATES
4 SALARIES AND EXPENSES
5 For expenses necessary for the operation of the Su-
6 preme Court, as required by law, excluding care of the
7 building and grounds, including hire of passenger motor
8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not to
9 exceed $10,000 for official reception and representation ex-
10 penses; and for miscellaneous expenses, to be expended as
11 the Chief Justice may approve, $98,338,000, of which
12 $1,500,000 shall remain available until expended.
13 In addition, there are appropriated such sums as may
14 be necessary under current law for the salaries of the chief
15 justice and associate justices of the court.
16 CARE OF THE BUILDING AND GROUNDS
17 For such expenditures as may be necessary to enable
18 the Architect of the Capitol to carry out the duties imposed
19 upon the Architect by 40 U.S.C. 6111 and 6112,
20 $14,434,000, to remain available until expended.
•HR 2471 EAH
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL
2 CIRCUIT
3 SALARIES AND EXPENSES
4 For salaries of officers and employees, and for nec-
5 essary expenses of the court, as authorized by law,
6 $34,280,000.
7 In addition, there are appropriated such sums as may
8 be necessary under current law for the salaries of the chief
9 judge and judges of the court.
10 UNITED STATES COURT OF INTERNATIONAL TRADE
11 SALARIES AND EXPENSES
12 For salaries of officers and employees of the court, serv-
13 ices, and necessary expenses of the court, as authorized by
14 law, $20,600,000.
15 In addition, there are appropriated such sums as may
16 be necessary under current law for the salaries of the chief
17 judge and judges of the court.
18 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
19 JUDICIAL SERVICES
20 SALARIES AND EXPENSES
21 For the salaries of judges of the United States Court
22 of Federal Claims, magistrate judges, and all other officers
23 and employees of the Federal Judiciary not otherwise spe-
24 cifically provided for, necessary expenses of the courts, and
25 the purchase, rental, repair, and cleaning of uniforms for
•HR 2471 EAH
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1 Probation and Pretrial Services Office staff, as authorized
2 by law, $5,580,052,000 (including the purchase of firearms
3 and ammunition); of which not to exceed $27,817,000 shall
4 remain available until expended for space alteration
5 projects and for furniture and furnishings related to new
6 space alteration and construction projects.
7 In addition, there are appropriated such sums as may
8 be necessary under current law for the salaries of circuit
9 and district judges (including judges of the territorial courts
10 of the United States), bankruptcy judges, and justices and
11 judges retired from office or from regular active service.
12 In addition, for expenses of the United States Court
13 of Federal Claims associated with processing cases under
14 the National Childhood Vaccine Injury Act of 1986 (Public
15 Law 99–660), not to exceed $9,850,000, to be appropriated
16 from the Vaccine Injury Compensation Trust Fund.
17 DEFENDER SERVICES
18 For the operation of Federal Defender organizations;
19 the compensation and reimbursement of expenses of attor-
20 neys appointed to represent persons under 18 U.S.C. 3006A
21 and 3599, and for the compensation and reimbursement of
22 expenses of persons furnishing investigative, expert, and
23 other services for such representations as authorized by law;
24 the compensation (in accordance with the maximums under
25 18 U.S.C. 3006A) and reimbursement of expenses of attor-
•HR 2471 EAH
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1 neys appointed to assist the court in criminal cases where
2 the defendant has waived representation by counsel; the
3 compensation and reimbursement of expenses of attorneys
4 appointed to represent jurors in civil actions for the protec-
5 tion of their employment, as authorized by 28 U.S.C.
6 1875(d)(1); the compensation and reimbursement of ex-
7 penses of attorneys appointed under 18 U.S.C. 983(b)(1)
8 in connection with certain judicial civil forfeiture pro-
9 ceedings; the compensation and reimbursement of travel ex-
10 penses of guardians ad litem appointed under 18 U.S.C.
11 4100(b); and for necessary training and general adminis-
12 trative expenses, $1,343,175,000, to remain available until
13 expended.
14 FEES OF JURORS AND COMMISSIONERS
15 For fees and expenses of jurors as authorized by 28
16 U.S.C. 1871 and 1876; compensation of jury commissioners
17 as authorized by 28 U.S.C. 1863; and compensation of com-
18 missioners appointed in condemnation cases pursuant to
19 rule 71.1(h) of the Federal Rules of Civil Procedure (28
20 U.S.C. Appendix Rule 71.1(h)), $32,603,000, to remain
21 available until expended: Provided, That the compensation
22 of land commissioners shall not exceed the daily equivalent
23 of the highest rate payable under 5 U.S.C. 5332.
•HR 2471 EAH
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1 COURT SECURITY
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses, not otherwise provided for, in-
4 cident to the provision of protective guard services for
5 United States courthouses and other facilities housing Fed-
6 eral court or Administrative Office of the United States
7 Courts operations, the procurement, installation, and main-
8 tenance of security systems and equipment for United
9 States courthouses and other facilities housing Federal court
10 or Administrative Office of the United States Courts oper-
11 ations, building ingress-egress control, inspection of mail
12 and packages, directed security patrols, perimeter security,
13 basic security services provided by the Federal Protective
14 Service, and other similar activities as authorized by sec-
15 tion 1010 of the Judicial Improvement and Access to Jus-
16 tice Act (Public Law 100–702), $704,800,000, of which not
17 to exceed $20,000,000 shall remain available until ex-
18 pended, to be expended directly or transferred to the United
19 States Marshals Service, which shall be responsible for ad-
20 ministering the Judicial Facility Security Program con-
21 sistent with standards or guidelines agreed to by the Direc-
22 tor of the Administrative Office of the United States Courts
23 and the Attorney General: Provided, That funds made
24 available under this heading may be used for managing a
25 Judiciary-wide program to facilitate security and emer-
•HR 2471 EAH
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1 gency management services among the Judiciary, United
2 States Marshals Service, Federal Protective Service, Gen-
3 eral Services Administration, other Federal agencies, state
4 and local governments and the public; and, notwithstanding
5 sections 331, 566(e)(1), and 566(i) of title 28, United States
6 Code, for identifying and pursuing the voluntary redaction
7 and reduction of personally identifiable information on the
8 internet of judges and other familial relatives who live at
9 the judge’s domicile.
10 ADMINISTRATIVE OFFICE OF THE UNITED STATES
11 COURTS
12 SALARIES AND EXPENSES
13 For necessary expenses of the Administrative Office of
14 the United States Courts as authorized by law, including
15 travel as authorized by 31 U.S.C. 1345, hire of a passenger
16 motor vehicle as authorized by 31 U.S.C. 1343(b), adver-
17 tising and rent in the District of Columbia and elsewhere,
18 $98,545,000, of which not to exceed $8,500 is authorized
19 for official reception and representation expenses.
20 FEDERAL JUDICIAL CENTER
21 SALARIES AND EXPENSES
22 For necessary expenses of the Federal Judicial Center,
23 as authorized by Public Law 90–219, $29,885,000; of which
24 $1,800,000 shall remain available through September 30,
25 2023, to provide education and training to Federal court
•HR 2471 EAH
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1 personnel; and of which not to exceed $1,500 is authorized
2 for official reception and representation expenses.
3 UNITED STATES SENTENCING COMMISSION
4 SALARIES AND EXPENSES
5 For the salaries and expenses necessary to carry out
6 the provisions of chapter 58 of title 28, United States Code,
7 $20,564,000, of which not to exceed $1,000 is authorized
8 for official reception and representation expenses.
9 ADMINISTRATIVE PROVISIONS—THE JUDICIARY
10 (INCLUDING TRANSFER OF FUNDS)
11 SEC. 301. Appropriations and authorizations made in
12 this title which are available for salaries and expenses shall
13 be available for services as authorized by 5 U.S.C. 3109.
14 SEC. 302. Not to exceed 5 percent of any appropriation
15 made available for the current fiscal year for the Judiciary
16 in this Act may be transferred between such appropriations,
17 but no such appropriation, except ‘‘Courts of Appeals, Dis-
18 trict Courts, and Other Judicial Services, Defender Serv-
19 ices’’ and ‘‘Courts of Appeals, District Courts, and Other
20 Judicial Services, Fees of Jurors and Commissioners’’, shall
21 be increased by more than 10 percent by any such transfers:
22 Provided, That any transfer pursuant to this section shall
23 be treated as a reprogramming of funds under sections 604
24 and 608 of this Act and shall not be available for obligation
•HR 2471 EAH
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1 or expenditure except in compliance with the procedures set
2 forth in section 608.
3 SEC. 303. Notwithstanding any other provision of law,
4 the salaries and expenses appropriation for ‘‘Courts of Ap-
5 peals, District Courts, and Other Judicial Services’’ shall
6 be available for official reception and representation ex-
7 penses of the Judicial Conference of the United States: Pro-
8 vided, That such available funds shall not exceed $11,000
9 and shall be administered by the Director of the Adminis-
10 trative Office of the United States Courts in the capacity
11 as Secretary of the Judicial Conference.
12 SEC. 304. Section 3315(a) of title 40, United States
13 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘execu-
14 tive’’ each place it appears.
15 SEC. 305. In accordance with 28 U.S.C. 561–569, and
16 notwithstanding any other provision of law, the United
17 States Marshals Service shall provide, for such courthouses
18 as its Director may designate in consultation with the Di-
19 rector of the Administrative Office of the United States
20 Courts, for purposes of a pilot program, the security services
21 that 40 U.S.C. 1315 authorizes the Department of Home-
22 land Security to provide, except for the services specified
23 in 40 U.S.C. 1315(b)(2)(E). For building-specific security
24 services at these courthouses, the Director of the Administra-
25 tive Office of the United States Courts shall reimburse the
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1 United States Marshals Service rather than the Department
2 of Homeland Security.
3 SEC. 306. (a) Section 203(c) of the Judicial Improve-
4 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133
5 note), is amended in the matter following paragraph 12—
6 (1) in the second sentence (relating to the Dis-
7 trict of Kansas), by striking ‘‘30 years and 6 months’’
8 and inserting ‘‘31 years and 6 months’’; and
9 (2) in the sixth sentence (relating to the District
10 of Hawaii), by striking ‘‘27 years and 6 months’’ and
11 inserting ‘‘28 years and 6 months’’.
12 (b) Section 406 of the Transportation, Treasury,
13 Housing and Urban Development, the Judiciary, the Dis-
14 trict of Columbia, and Independent Agencies Appropria-
15 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 28
16 U.S.C. 133 note) is amended in the second sentence (relat-
17 ing to the eastern District of Missouri) by striking ‘‘28
18 years and 6 months’’ and inserting ‘‘29 years and 6
19 months’’.
20 (c) Section 312(c)(2) of the 21st Century Department
21 of Justice Appropriations Authorization Act (Public Law
22 107–273; 28 U.S.C. 133 note), is amended—
23 (1) in the first sentence by striking ‘‘19 years’’
24 and inserting ‘‘20 years’’;
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1 (2) in the second sentence (relating to the central
2 District of California), by striking ‘‘18 years and 6
3 months’’ and inserting ‘‘19 years and 6 months’’; and
4 (3) in the third sentence (relating to the western
5 district of North Carolina), by striking ‘‘17 years’’
6 and inserting ‘‘18 years’’.
7 This title may be cited as the ‘‘Judiciary Appropria-
8 tions Act, 2022’’.
•HR 2471 EAH
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1 TITLE IV
2 DISTRICT OF COLUMBIA
3 FEDERAL FUNDS
4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
5 For a Federal payment to the District of Columbia,
6 to be deposited into a dedicated account, for a nationwide
7 program to be administered by the Mayor, for District of
8 Columbia resident tuition support, $40,000,000, to remain
9 available until expended: Provided, That such funds, in-
10 cluding any interest accrued thereon, may be used on behalf
11 of eligible District of Columbia residents to pay an amount
12 based upon the difference between in-State and out-of-State
13 tuition at public institutions of higher education, or to pay
14 up to $2,500 each year at eligible private institutions of
15 higher education: Provided further, That the awarding of
16 such funds may be prioritized on the basis of a resident’s
17 academic merit, the income and need of eligible students
18 and such other factors as may be authorized: Provided fur-
19 ther, That the District of Columbia government shall main-
20 tain a dedicated account for the Resident Tuition Support
21 Program that shall consist of the Federal funds appro-
22 priated to the Program in this Act and any subsequent ap-
23 propriations, any unobligated balances from prior fiscal
24 years, and any interest earned in this or any fiscal year:
25 Provided further, That the account shall be under the con-
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1 trol of the District of Columbia Chief Financial Officer, who
2 shall use those funds solely for the purposes of carrying out
3 the Resident Tuition Support Program: Provided further,
4 That the Office of the Chief Financial Officer shall provide
5 a quarterly financial report to the Committees on Appro-
6 priations of the House of Representatives and the Senate
7 for these funds showing, by object class, the expenditures
8 made and the purpose therefor.
9 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND
10 SECURITY COSTS IN THE DISTRICT OF COLUMBIA
11 For a Federal payment of necessary expenses, as deter-
12 mined by the Mayor of the District of Columbia in written
13 consultation with the elected county or city officials of sur-
14 rounding jurisdictions, $25,000,000, to remain available
15 until expended, for the costs of providing public safety at
16 events related to the presence of the National Capital in
17 the District of Columbia, including support requested by
18 the Director of the United States Secret Service in carrying
19 out protective duties under the direction of the Secretary
20 of Homeland Security, and for the costs of providing sup-
21 port to respond to immediate and specific terrorist threats
22 or attacks in the District of Columbia or surrounding juris-
23 dictions.
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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
2 COURTS
3 For salaries and expenses for the District of Columbia
4 Courts, $257,591,000 to be allocated as follows: for the Dis-
5 trict of Columbia Court of Appeals, $14,366,000, of which
6 not to exceed $2,500 is for official reception and representa-
7 tion expenses; for the Superior Court of the District of Co-
8 lumbia, $133,829,000, of which not to exceed $2,500 is for
9 official reception and representation expenses; for the Dis-
10 trict of Columbia Court System, $83,443,000, of which not
11 to exceed $2,500 is for official reception and representation
12 expenses; and $25,953,000, to remain available until Sep-
13 tember 30, 2023, for capital improvements for District of
14 Columbia courthouse facilities: Provided, That funds made
15 available for capital improvements shall be expended con-
16 sistent with the District of Columbia Courts master plan
17 study and facilities condition assessment: Provided further,
18 That, in addition to the amounts appropriated herein, fees
19 received by the District of Columbia Courts for admin-
20 istering bar examinations and processing District of Co-
21 lumbia bar admissions may be retained and credited to this
22 appropriation, to remain available until expended, for sala-
23 ries and expenses associated with such activities, notwith-
24 standing section 450 of the District of Columbia Home Rule
25 Act (D.C. Official Code, sec. 1–204.50): Provided further,
•HR 2471 EAH
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1 That notwithstanding any other provision of law, all
2 amounts under this heading shall be apportioned quarterly
3 by the Office of Management and Budget and obligated and
4 expended in the same manner as funds appropriated for
5 salaries and expenses of other Federal agencies: Provided
6 further, That 30 days after providing written notice to the
7 Committees on Appropriations of the House of Representa-
8 tives and the Senate, the District of Columbia Courts may
9 reallocate not more than $9,000,000 of the funds provided
10 under this heading among the items and entities funded
11 under this heading: Provided further, That the Joint Com-
12 mittee on Judicial Administration in the District of Colum-
13 bia may, by regulation, establish a program substantially
14 similar to the program set forth in subchapter II of chapter
15 35 of title 5, United States Code, for employees of the Dis-
16 trict of Columbia Courts.
17 FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT
18 OF COLUMBIA COURTS
19 For payments authorized under section 11–2604 and
20 section 11–2605, D.C. Official Code (relating to representa-
21 tion provided under the District of Columbia Criminal Jus-
22 tice Act), payments for counsel appointed in proceedings
23 in the Family Court of the Superior Court of the District
24 of Columbia under chapter 23 of title 16, D.C. Official
25 Code, or pursuant to contractual agreements to provide
•HR 2471 EAH
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1 guardian ad litem representation, training, technical as-
2 sistance, and such other services as are necessary to improve
3 the quality of guardian ad litem representation, payments
4 for counsel appointed in adoption proceedings under chap-
5 ter 3 of title 16, D.C. Official Code, and payments author-
6 ized under section 21–2060, D.C. Official Code (relating to
7 services provided under the District of Columbia Guardian-
8 ship, Protective Proceedings, and Durable Power of Attor-
9 ney Act of 1986), $46,005,000, to remain available until
10 expended: Provided, That funds provided under this head-
11 ing shall be administered by the Joint Committee on Judi-
12 cial Administration in the District of Columbia: Provided
13 further, That, notwithstanding any other provision of law,
14 this appropriation shall be apportioned quarterly by the Of-
15 fice of Management and Budget and obligated and expended
16 in the same manner as funds appropriated for expenses of
17 other Federal agencies.
18 FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
19 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF
20 COLUMBIA
21 For salaries and expenses, including the transfer and
22 hire of motor vehicles, of the Court Services and Offender
23 Supervision Agency for the District of Columbia, as author-
24 ized by the National Capital Revitalization and Self-Gov-
25 ernment Improvement Act of 1997, $286,426,000, of which
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1 not to exceed $2,000 is for official reception and representa-
2 tion expenses related to Community Supervision and Pre-
3 trial Services Agency programs, and of which not to exceed
4 $25,000 is for dues and assessments relating to the imple-
5 mentation of the Court Services and Offender Supervision
6 Agency Interstate Supervision Act of 2002: Provided, That,
7 of the funds appropriated under this heading, $206,006,000
8 shall be for necessary expenses of Community Supervision
9 and Sex Offender Registration, to include expenses relating
10 to the supervision of adults subject to protection orders or
11 the provision of services for or related to such persons, of
12 which $14,747,000 shall remain available until September
13 30, 2024, for costs associated with the relocation under re-
14 placement leases for headquarters offices, field offices and
15 related facilities: Provided further, That, of the funds ap-
16 propriated under this heading, $80,420,000 shall be avail-
17 able to the Pretrial Services Agency, of which $7,304,000
18 shall remain available until September 30, 2024, for costs
19 associated with relocation under a replacement lease for
20 headquarters offices, field offices, and related facilities: Pro-
21 vided further, That notwithstanding any other provision of
22 law, all amounts under this heading shall be apportioned
23 quarterly by the Office of Management and Budget and ob-
24 ligated and expended in the same manner as funds appro-
25 priated for salaries and expenses of other Federal agencies:
•HR 2471 EAH
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1 Provided further, That amounts under this heading may
2 be used for programmatic incentives for defendants to suc-
3 cessfully complete their terms of supervision.
4 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
5 PUBLIC DEFENDER SERVICE
6 For salaries and expenses, including the transfer and
7 hire of motor vehicles, of the District of Columbia Public
8 Defender Service, as authorized by the National Capital Re-
9 vitalization and Self-Government Improvement Act of 1997,
10 $52,598,000, of which $5,175,000 shall remain available
11 until September 30, 2024, for salaries and expenses associ-
12 ated with providing representation pursuant to title III of
13 the Comprehensive Youth Justice Amendment Act of 2016
14 (D.C. Law 21–238; D.C. Official Code, sec. 24–403.03), as
15 amended by title VI of the Omnibus Public Safety and Jus-
16 tice Amendment Act of 2020 (D.C. Law 23–274): Provided,
17 That notwithstanding any other provision of law, all
18 amounts under this heading shall be apportioned quarterly
19 by the Office of Management and Budget and obligated and
20 expended in the same manner as funds appropriated for
21 salaries and expenses of Federal agencies: Provided further,
22 That the District of Columbia Public Defender Service may
23 establish for employees of the District of Columbia Public
24 Defender Service a program substantially similar to the
25 program set forth in subchapter II of chapter 35 of title
•HR 2471 EAH
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1 5, United States Code, except that the maximum amount
2 of the payment made under the program to any individual
3 may not exceed the amount referred to in section
4 3523(b)(3)(B) of title 5, United States Code: Provided fur-
5 ther, That for the purposes of engaging with, and receiving
6 services from, Federal Franchise Fund Programs estab-
7 lished in accordance with section 403 of the Government
8 Management Reform Act of 1994, as amended, the District
9 of Columbia Public Defender Service shall be considered an
10 agency of the United States Government: Provided further,
11 That the District of Columbia Public Defender Service may
12 enter into contracts for the procurement of severable services
13 and multiyear contracts for the acquisition of property and
14 services to the same extent and under the same conditions
15 as an executive agency under sections 3902 and 3903 of
16 title 41, United States Code.
17 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE
18 COORDINATING COUNCIL
19 For a Federal payment to the Criminal Justice Co-
20 ordinating Council, $2,150,000, to remain available until
21 expended, to support initiatives related to the coordination
22 of Federal and local criminal justice resources in the Dis-
23 trict of Columbia.
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1 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
2 For a Federal payment, to remain available until Sep-
3 tember 30, 2023, to the Commission on Judicial Disabilities
4 and Tenure, $330,000, and for the Judicial Nomination
5 Commission, $288,000.
6 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
7 For a Federal payment for a school improvement pro-
8 gram in the District of Columbia, $52,500,000, to remain
9 available until expended, for payments authorized under the
10 Scholarships for Opportunity and Results Act (division C
11 of Public Law 112–10): Provided, That, to the extent that
12 funds are available for opportunity scholarships and fol-
13 lowing the priorities included in section 3006 of such Act,
14 the Secretary of Education shall make scholarships avail-
15 able to students eligible under section 3013(3) of such Act
16 (Public Law 112–10; 125 Stat. 211) including students who
17 were not offered a scholarship during any previous school
18 year: Provided further, That within funds provided for op-
19 portunity scholarships up to $1,750,000 shall be for the ac-
20 tivities specified in sections 3007(b) through 3007(d) of the
21 Act and up to $500,000 shall be for the activities specified
22 in section 3009 of the Act.
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1 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA
2 NATIONAL GUARD
3 For a Federal payment to the District of Columbia
4 National Guard, $600,000, to remain available until ex-
5 pended for the Major General David F. Wherley, Jr. Dis-
6 trict of Columbia National Guard Retention and College
7 Access Program.
8 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/
9 AIDS
10 For a Federal payment to the District of Columbia
11 for the testing of individuals for, and the treatment of indi-
12 viduals with, human immunodeficiency virus and acquired
13 immunodeficiency syndrome in the District of Columbia,
14 $4,000,000.
15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER
16 AND SEWER AUTHORITY
17 For a Federal payment to the District of Columbia
18 Water and Sewer Authority, $8,000,000, to remain avail-
19 able until expended, to continue implementation of the
20 Combined Sewer Overflow Long-Term Plan: Provided, That
21 the District of Columbia Water and Sewer Authority pro-
22 vides a 100 percent match for this payment.
23 DISTRICT OF COLUMBIA FUNDS
24 Local funds are appropriated for the District of Co-
25 lumbia for the current fiscal year out of the General Fund
•HR 2471 EAH
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1 of the District of Columbia (‘‘General Fund’’) for programs
2 and activities set forth in the Fiscal Year 2022 Local Budg-
3 et Act of 2021 (D.C. Act 24–173) and at rates set forth
4 under such Act, as amended as of the date of enactment
5 of this Act: Provided, That notwithstanding any other pro-
6 vision of law, except as provided in section 450A of the Dis-
7 trict of Columbia Home Rule Act (section 1–204.50a, D.C.
8 Official Code), sections 816 and 817 of the Financial Serv-
9 ices and General Government Appropriations Act, 2009
10 (secs. 47–369.01 and 47–369.02, D.C. Official Code), and
11 provisions of this Act, the total amount appropriated in
12 this Act for operating expenses for the District of Columbia
13 for fiscal year 2022 under this heading shall not exceed the
14 estimates included in the Fiscal Year 2022 Local Budget
15 Act of 2021, as amended as of the date of enactment of this
16 Act or the sum of the total revenues of the District of Colum-
17 bia for such fiscal year: Provided further, That the amount
18 appropriated may be increased by proceeds of one-time
19 transactions, which are expended for emergency or unan-
20 ticipated operating or capital needs: Provided further, That
21 such increases shall be approved by enactment of local Dis-
22 trict law and shall comply with all reserve requirements
23 contained in the District of Columbia Home Rule Act: Pro-
24 vided further, That the Chief Financial Officer of the Dis-
25 trict of Columbia shall take such steps as are necessary to
•HR 2471 EAH
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1 assure that the District of Columbia meets these require-
2 ments, including the apportioning by the Chief Financial
3 Officer of the appropriations and funds made available to
4 the District during fiscal year 2022, except that the Chief
5 Financial Officer may not reprogram for operating ex-
6 penses any funds derived from bonds, notes, or other obliga-
7 tions issued for capital projects.
8 This title may be cited as the ‘‘District of Columbia
9 Appropriations Act, 2022’’.
•HR 2471 EAH
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1 TITLE V
2 INDEPENDENT AGENCIES
3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
4 SALARIES AND EXPENSES
5 For necessary expenses of the Administrative Con-
6 ference of the United States, authorized by 5 U.S.C. 591
7 et seq., $3,400,000, to remain available until September 30,
8 2023, of which not to exceed $1,000 is for official reception
9 and representation expenses.
10 CONSUMER PRODUCT SAFETY COMMISSION
11 SALARIES AND EXPENSES
12 For necessary expenses of the Consumer Product Safety
13 Commission, including hire of passenger motor vehicles,
14 services as authorized by 5 U.S.C. 3109, but at rates for
15 individuals not to exceed the per diem rate equivalent to
16 the maximum rate payable under 5 U.S.C. 5376, purchase
17 of nominal awards to recognize non-Federal officials’ con-
18 tributions to Commission activities, and not to exceed
19 $4,000 for official reception and representation expenses,
20 $139,050,000, of which $2,000,000 shall remain available
21 until expended, to carry out the program, including admin-
22 istrative costs, required by section 1405 of the Virginia
23 Graeme Baker Pool and Spa Safety Act (Public Law 110-
24 140; 15 U.S.C. 8004).
•HR 2471 EAH
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1 ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
2 COMMISSION
3 SEC. 501. During fiscal year 2022, none of the
4 amounts made available by this Act may be used to finalize
5 or implement the Safety Standard for Recreational Off-
6 Highway Vehicles published by the Consumer Product Safe-
7 ty Commission in the Federal Register on November 19,
8 2014 (79 Fed. Reg. 68964) until after—
9 (1) the National Academy of Sciences, in con-
10 sultation with the National Highway Traffic Safety
11 Administration and the Department of Defense, com-
12 pletes a study to determine—
13 (A) the technical validity of the lateral sta-
14 bility and vehicle handling requirements pro-
15 posed by such standard for purposes of reducing
16 the risk of Recreational Off-Highway Vehicle (re-
17 ferred to in this section as ‘‘ROV’’) rollovers in
18 the off-road environment, including the repeat-
19 ability and reproducibility of testing for compli-
20 ance with such requirements;
21 (B) the number of ROV rollovers that would
22 be prevented if the proposed requirements were
23 adopted;
24 (C) whether there is a technical basis for the
25 proposal to provide information on a point-of-
•HR 2471 EAH
533
1 sale hangtag about a ROV’s rollover resistance
2 on a progressive scale; and
3 (D) the effect on the utility of ROVs used by
4 the United States military if the proposed re-
5 quirements were adopted; and
6 (2) a report containing the results of the study
7 completed under paragraph (1) is delivered to—
8 (A) the Committee on Commerce, Science,
9 and Transportation of the Senate;
10 (B) the Committee on Energy and Com-
11 merce of the House of Representatives;
12 (C) the Committee on Appropriations of the
13 Senate; and
14 (D) the Committee on Appropriations of the
15 House of Representatives.
16 ELECTION ASSISTANCE COMMISSION
17 SALARIES AND EXPENSES
18 For necessary expenses to carry out the Help America
19 Vote Act of 2002 (Public Law 107–252), $20,000,000, of
20 which $1,500,000 shall be made available to the National
21 Institute of Standards and Technology for election reform
22 activities authorized under the Help America Vote Act of
23 2002.
•HR 2471 EAH
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1 ELECTION SECURITY GRANTS
2 Notwithstanding section 104(c)(2)(B) of the Help
3 America Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)),
4 $75,000,000 is provided to the Election Assistance Commis-
5 sion for necessary expenses to make payments to States for
6 activities to improve the administration of elections for
7 Federal office, including to enhance election technology and
8 make election security improvements, as authorized by sec-
9 tions 101, 103, and 104 of such Act: Provided, That for
10 purposes of applying such sections, the Commonwealth of
11 the Northern Mariana Islands shall be deemed to be a State
12 and, for purposes of sections 101(d)(2) and 103(a) shall be
13 treated in the same manner as the Commonwealth of Puerto
14 Rico, Guam, American Samoa, and the United States Vir-
15 gin Islands: Provided further, That each reference to the
16 ‘‘Administrator of General Services’’ or the ‘‘Adminis-
17 trator’’ in sections 101 and 103 shall be deemed to refer
18 to the ‘‘Election Assistance Commission’’: Provided further,
19 That each reference to ‘‘$5,000,000’’ in section 103 shall be
20 deemed to refer to ‘‘$1,000,000’’ and each reference to
21 ‘‘$1,000,000’’ in section 103 shall be deemed to refer to
22 ‘‘$200,000’’: Provided further, That not later than 45 days
23 after the date of enactment of this Act, the Election Assist-
24 ance Commission shall make the payments to States under
25 this heading: Provided further, That not later than two
•HR 2471 EAH
535
1 years after receiving a payment under this heading, a State
2 shall make available funds for such activities in an amount
3 equal to 20 percent of the total amount of the payment made
4 to the State under this heading: Provided further, That
5 States shall submit quarterly financial reports and annual
6 progress reports.
7 FEDERAL COMMUNICATIONS COMMISSION
8 SALARIES AND EXPENSES
9 For necessary expenses of the Federal Communications
10 Commission, as authorized by law, including uniforms and
11 allowances therefor, as authorized by 5 U.S.C. 5901–5902;
12 not to exceed $4,000 for official reception and representa-
13 tion expenses; purchase and hire of motor vehicles; special
14 counsel fees; and services as authorized by 5 U.S.C. 3109,
15 $381,950,000, to remain available until expended: Pro-
16 vided, That $381,950,000 of offsetting collections shall be
17 assessed and collected pursuant to section 9 of title I of the
18 Communications Act of 1934, shall be retained and used
19 for necessary expenses and shall remain available until ex-
20 pended: Provided further, That the sum herein appro-
21 priated shall be reduced as such offsetting collections are
22 received during fiscal year 2022 so as to result in a final
23 fiscal year 2022 appropriation estimated at $0: Provided
24 further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), pro-
25 ceeds from the use of a competitive bidding system that may
•HR 2471 EAH
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1 be retained and made available for obligation shall not ex-
2 ceed $128,621,000 for fiscal year 2022: Provided further,
3 That, of the amount appropriated under this heading, not
4 less than $11,854,000 shall be for the salaries and expenses
5 of the Office of Inspector General.
6 ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
7 COMMISSION
8 SEC. 510. Section 302 of the Universal Service
9 Antideficiency Temporary Suspension Act is amended by
10 striking ‘‘December 31, 2021’’ each place it appears and
11 inserting ‘‘December 31, 2022’’.
12 SEC. 511. None of the funds appropriated by this Act
13 may be used by the Federal Communications Commission
14 to modify, amend, or change its rules or regulations for uni-
15 versal service support payments to implement the February
16 27, 2004, recommendations of the Federal-State Joint
17 Board on Universal Service regarding single connection or
18 primary line restrictions on universal service support pay-
19 ments.
20 FEDERAL DEPOSIT INSURANCE CORPORATION
21 OFFICE OF THE INSPECTOR GENERAL
22 For necessary expenses of the Office of Inspector Gen-
23 eral in carrying out the provisions of the Inspector General
24 Act of 1978, $46,500,000, to be derived from the Deposit
•HR 2471 EAH
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1 Insurance Fund or, only when appropriate, the FSLIC Res-
2 olution Fund.
3 FEDERAL ELECTION COMMISSION
4 SALARIES AND EXPENSES
5 For necessary expenses to carry out the provisions of
6 the Federal Election Campaign Act of 1971, $74,500,000,
7 of which not to exceed $5,000 shall be available for reception
8 and representation expenses.
9 FEDERAL LABOR RELATIONS AUTHORITY
10 SALARIES AND EXPENSES
11 For necessary expenses to carry out functions of the
12 Federal Labor Relations Authority, pursuant to Reorga-
13 nization Plan Numbered 2 of 1978, and the Civil Service
14 Reform Act of 1978, including services authorized by 5
15 U.S.C. 3109, and including hire of experts and consultants,
16 hire of passenger motor vehicles, and including official re-
17 ception and representation expenses (not to exceed $1,500)
18 and rental of conference rooms in the District of Columbia
19 and elsewhere, $27,398,000: Provided, That public members
20 of the Federal Service Impasses Panel may be paid travel
21 expenses and per diem in lieu of subsistence as authorized
22 by law (5 U.S.C. 5703) for persons employed intermittently
23 in the Government service, and compensation as authorized
24 by 5 U.S.C. 3109: Provided further, That, notwithstanding
25 31 U.S.C. 3302, funds received from fees charged to non-
•HR 2471 EAH
538
1 Federal participants at labor-management relations con-
2 ferences shall be credited to and merged with this account,
3 to be available without further appropriation for the costs
4 of carrying out these conferences.
5 FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL
6 ENVIRONMENTAL REVIEW IMPROVEMENT FUND
7 For necessary expenses of the Environmental Review
8 Improvement Fund established pursuant to 42 U.S.C.
9 4370m–8(d), $10,000,000, to remain available until ex-
10 pended.
11 FEDERAL TRADE COMMISSION
12 SALARIES AND EXPENSES
13 For necessary expenses of the Federal Trade Commis-
14 sion, including uniforms or allowances therefor, as author-
15 ized by 5 U.S.C. 5901–5902; services as authorized by 5
16 U.S.C. 3109; hire of passenger motor vehicles; and not to
17 exceed $2,000 for official reception and representation ex-
18 penses, $376,530,000, to remain available until expended:
19 Provided, That not to exceed $300,000 shall be available
20 for use to contract with a person or persons for collection
21 services in accordance with the terms of 31 U.S.C. 3718:
22 Provided further, That, notwithstanding any other provi-
23 sion of law, not to exceed $138,000,000 of offsetting collec-
24 tions derived from fees collected for premerger notification
25 filings under the Hart-Scott-Rodino Antitrust Improve-
•HR 2471 EAH
539
1 ments Act of 1976 (15 U.S.C. 18a), regardless of the year
2 of collection, shall be retained and used for necessary ex-
3 penses in this appropriation: Provided further, That, not-
4 withstanding any other provision of law, not to exceed
5 $20,000,000 in offsetting collections derived from fees suffi-
6 cient to implement and enforce the Telemarketing Sales
7 Rule, promulgated under the Telemarketing and Consumer
8 Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.),
9 shall be credited to this account, and be retained and used
10 for necessary expenses in this appropriation: Provided fur-
11 ther, That the sum herein appropriated from the general
12 fund shall be reduced as such offsetting collections are re-
13 ceived during fiscal year 2022, so as to result in a final
14 fiscal year 2022 appropriation from the general fund esti-
15 mated at not more than $218,530,000: Provided further,
16 That none of the funds made available to the Federal Trade
17 Commission may be used to implement subsection (e)(2)(B)
18 of section 43 of the Federal Deposit Insurance Act (12
19 U.S.C. 1831t).
•HR 2471 EAH
540
1 GENERAL SERVICES ADMINISTRATION
2 REAL PROPERTY ACTIVITIES
3 FEDERAL BUILDINGS FUND
4 LIMITATIONS ON AVAILABILITY OF REVENUE
5 (INCLUDING TRANSFERS OF FUNDS)
6 Amounts in the Fund, including revenues and collec-
7 tions deposited into the Fund, shall be available for nec-
8 essary expenses of real property management and related
9 activities not otherwise provided for, including operation,
10 maintenance, and protection of federally owned and leased
11 buildings; rental of buildings in the District of Columbia;
12 restoration of leased premises; moving governmental agen-
13 cies (including space adjustments and telecommunications
14 relocation expenses) in connection with the assignment, al-
15 location, and transfer of space; contractual services incident
16 to cleaning or servicing buildings, and moving; repair and
17 alteration of federally owned buildings, including grounds,
18 approaches, and appurtenances; care and safeguarding of
19 sites; maintenance, preservation, demolition, and equip-
20 ment; acquisition of buildings and sites by purchase, con-
21 demnation, or as otherwise authorized by law; acquisition
22 of options to purchase buildings and sites; conversion and
23 extension of federally owned buildings; preliminary plan-
24 ning and design of projects by contract or otherwise; con-
25 struction of new buildings (including equipment for such
•HR 2471 EAH
541
1 buildings); and payment of principal, interest, and any
2 other obligations for public buildings acquired by install-
3 ment purchase and purchase contract; in the aggregate
4 amount of $9,342,205,000, of which—
5 (1) $299,476,000 shall remain available until ex-
6 pended for new construction and acquisition (includ-
7 ing funds for sites and expenses, and associated de-
8 sign and construction services and feasibility studies),
9 and demolition and related site and security expenses,
10 of which—
11 (A) $245,976,000 is for new construction
12 and acquisition, as follows:
13 Connecticut:
14 Hartford, U.S. Courthouse, $138,000,000;
15 Puerto Rico:
16 San Juan, U.S. Courthouse, $22,476,000;
17 Tennessee:
18 Chattanooga, U.S. Courthouse, $85,500,000;
19 (B) $52,000,000 is for demolition of the
20 buildings located at 202-220 South State Street
21 in Chicago, Illinois, and protection of the adja-
22 cent buildings during the demolition process, se-
23 curing the vacant site of the demolished build-
24 ings, and landscaping the vacant site following
25 demolition; and
•HR 2471 EAH
542
1 (C) $1,500,000 is for feasibility studies to
2 assess goals, scope, customer need, and alter-
3 natives for the following projects:
4 Arizona:
5 Nogales, Dennis DeConcini U.S. Land Port of
6 Entry, $500,000;
7 Georgia:
8 Atlanta, Chamblee Campus, $500,000;
9 New Mexico:
10 Santa Teresa, U.S. Land Port of Entry,
11 $500,000:
12 Provided, That each of the foregoing limits of costs on
13 new construction and acquisition projects may be ex-
14 ceeded to the extent that savings are effected in other
15 such projects, but not to exceed 10 percent of the
16 amounts included in a transmitted prospectus, if re-
17 quired, unless advance approval is obtained from the
18 Committees on Appropriations of the House of Rep-
19 resentatives and the Senate of a greater amount;
20 (2) $581,581,000 shall remain available until ex-
21 pended for repairs and alterations, including associ-
22 ated design and construction services, of which—
23 (A) $139,893,000 is for Major Repairs and
24 Alterations as follows:
25 Alabama:
•HR 2471 EAH
543
1 Selma, U.S. Federal Building and Courthouse,
2 $4,200,000;
3 District of Columbia:
4 Regional Office Building, Phase 2, $4,941,000;
5 Maryland:
6 Suitland, Suitland Federal Campus,
7 $20,000,000;
8 Michigan:
9 Detroit, Patrick V. McNamara Federal Building
10 Garage, $1,208,000;
11 Mississippi:
12 Hattiesburg, William M. Colmer Federal Build-
13 ing and U.S. Courthouse, $27,000,000;
14 Vicksburg, Mississippi River Commission Build-
15 ing, $23,749,000;
16 Washington:
17 Tacoma, Tacoma Union Station, $3,395,000;
18 West Virginia:
19 Clarksburg, Clarksburg Post Office and U.S.
20 Courthouse, $55,400,000;
21 (B) $388,710,000 is for Basic Repairs and
22 Alterations; and
23 (C) $52,978,000 is for Special Emphasis
24 Programs as follows:
•HR 2471 EAH
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1 Childcare Facilities Security and Systems Im-
2 provements, $15,000,000;
3 Consolidation Activities, $8,178,000;
4 Fire Protection and Life Safety, $10,000,000;
5 and
6 Judiciary Capital Security Program,
7 $19,800,000:
8 Provided, That funds made available in this or any
9 previous Act in the Federal Buildings Fund for Re-
10 pairs and Alterations shall, for prospectus projects, be
11 limited to the amount identified for each project, ex-
12 cept each project in this or any previous Act may be
13 increased by an amount not to exceed 10 percent un-
14 less advance approval is obtained from the Commit-
15 tees on Appropriations of the House of Representa-
16 tives and the Senate of a greater amount: Provided
17 further, That additional projects for which
18 prospectuses have been fully approved may be funded
19 under this category only if advance approval is ob-
20 tained from the Committees on Appropriations of the
21 House of Representatives and the Senate: Provided
22 further, That the amounts provided in this or any
23 prior Act for ‘‘Repairs and Alterations’’ may be used
24 to fund costs associated with implementing security
25 improvements to buildings necessary to meet the min-
•HR 2471 EAH
545
1 imum standards for security in accordance with cur-
2 rent law and in compliance with the reprogramming
3 guidelines of the appropriate Committees of the House
4 and Senate: Provided further, That the difference be-
5 tween the funds appropriated and expended on any
6 projects in this or any prior Act, under the heading
7 ‘‘Repairs and Alterations’’, may be transferred to
8 ‘‘Basic Repairs and Alterations’’ or used to fund au-
9 thorized increases in prospectus projects: Provided
10 further, That the amount provided in this or any
11 prior Act for ‘‘Basic Repairs and Alterations’’ may be
12 used to pay claims against the Government arising
13 from any projects under the heading ‘‘Repairs and
14 Alterations’’ or used to fund authorized increases in
15 prospectus projects;
16 (3) $5,665,148,000 for rental of space to remain
17 available until expended; and
18 (4) $2,796,000,000 for building operations to re-
19 main available until expended: Provided, That the
20 total amount of funds made available from this Fund
21 to the General Services Administration shall not be
22 available for expenses of any construction, repair, al-
23 teration and acquisition project for which a pro-
24 spectus, if required by 40 U.S.C. 3307(a), has not
25 been approved, except that necessary funds may be ex-
•HR 2471 EAH
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1 pended for each project for required expenses for the
2 development of a proposed prospectus: Provided fur-
3 ther, That funds available in the Federal Buildings
4 Fund may be expended for emergency repairs when
5 advance approval is obtained from the Committees on
6 Appropriations of the House of Representatives and
7 the Senate: Provided further, That amounts necessary
8 to provide reimbursable special services to other agen-
9 cies under 40 U.S.C. 592(b)(2) and amounts to pro-
10 vide such reimbursable fencing, lighting, guard booths,
11 and other facilities on private or other property not
12 in Government ownership or control as may be ap-
13 propriate to enable the United States Secret Service
14 to perform its protective functions pursuant to 18
15 U.S.C. 3056, shall be available from such revenues
16 and collections: Provided further, That revenues and
17 collections and any other sums accruing to this Fund
18 during fiscal year 2022, excluding reimbursements
19 under 40 U.S.C. 592(b)(2), in excess of the aggregate
20 new obligational authority authorized for Real Prop-
21 erty Activities of the Federal Buildings Fund in this
22 Act shall remain in the Fund and shall not be avail-
23 able for expenditure except as authorized in appro-
24 priations Acts.
•HR 2471 EAH
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1 GENERAL ACTIVITIES
2 GOVERNMENT-WIDE POLICY
3 For expenses authorized by law, not otherwise provided
4 for, for Government-wide policy and evaluation activities
5 associated with the management of real and personal prop-
6 erty assets and certain administrative services; Govern-
7 ment-wide policy support responsibilities relating to acqui-
8 sition, travel, motor vehicles, information technology man-
9 agement, and related technology activities; and services as
10 authorized by 5 U.S.C. 3109; $68,720,000.
11 OPERATING EXPENSES
12 For expenses authorized by law, not otherwise provided
13 for, for Government-wide activities associated with utiliza-
14 tion and donation of surplus personal property; disposal
15 of real property; agency-wide policy direction, and manage-
16 ment; and services as authorized by 5 U.S.C. 3109;
17 $52,540,000, of which not to exceed $7,500 is for official
18 reception and representation expenses.
19 CIVILIAN BOARD OF CONTRACT APPEALS
20 For expenses authorized by law, not otherwise provided
21 for, for the activities associated with the Civilian Board of
22 Contract Appeals, $9,580,000, of which $2,000,000 shall re-
23 main available until September 30, 2023.
•HR 2471 EAH
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1 OFFICE OF INSPECTOR GENERAL
2 For necessary expenses of the Office of Inspector Gen-
3 eral and service authorized by 5 U.S.C. 3109, $69,000,000:
4 Provided, That not to exceed $50,000 shall be available for
5 payment for information and detection of fraud against the
6 Government, including payment for recovery of stolen Gov-
7 ernment property: Provided further, That not to exceed
8 $2,500 shall be available for awards to employees of other
9 Federal agencies and private citizens in recognition of ef-
10 forts and initiatives resulting in enhanced Office of Inspec-
11 tor General effectiveness.
12 ALLOWANCES AND OFFICE STAFF FOR FORMER
13 PRESIDENTS
14 For carrying out the provisions of the Act of August
15 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138,
16 $5,000,000.
17 FEDERAL CITIZEN SERVICES FUND
18 (INCLUDING TRANSFER OF FUNDS)
19 For necessary expenses of the Office of Products and
20 Programs, including services authorized by 40 U.S.C. 323
21 and 44 U.S.C. 3604; and for necessary expenses in support
22 of interagency projects that enable the Federal Government
23 to enhance its ability to conduct activities electronically,
24 through the development and implementation of innovative
25 uses of information technology; $55,000,000, to be deposited
•HR 2471 EAH
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1 into the Federal Citizen Services Fund: Provided, That the
2 previous amount may be transferred to Federal agencies to
3 carry out the purpose of the Federal Citizen Services Fund:
4 Provided further, That the appropriations, revenues, reim-
5 bursements, and collections deposited into the Fund shall
6 be available until expended for necessary expenses of Fed-
7 eral Citizen Services and other activities that enable the
8 Federal Government to enhance its ability to conduct ac-
9 tivities electronically in the aggregate amount not to exceed
10 $150,000,000: Provided further, That appropriations, reve-
11 nues, reimbursements, and collections accruing to this Fund
12 during fiscal year 2022 in excess of such amount shall re-
13 main in the Fund and shall not be available for expenditure
14 except as authorized in appropriations Acts: Provided fur-
15 ther, That the transfer authorities provided herein shall be
16 in addition to any other transfer authority provided in this
17 Act: Provided further, That of the total amount appro-
18 priated, up to $5,000,000 shall be available for support
19 functions and full-time hires to support activities related
20 to the Administration’s requirements under Title II of the
21 Foundations for Evidence-Based Policy-making Act of 2018
22 (Public Law 115-435).
•HR 2471 EAH
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1 ASSET PROCEEDS AND SPACE MANAGEMENT FUND
2 For carrying out section 16(b) of the Federal Assets
3 Sale and Transfer Act of 2016 (40 U.S.C. 1303 note),
4 $4,000,000, to remain available until expended.
5 WORKING CAPITAL FUND
6 For the Working Capital Fund of the General Services
7 Administration, $4,000,000, to remain available until ex-
8 pended, for necessary costs incurred by the Administrator
9 to modernize rulemaking systems and to provide support
10 services for Federal rulemaking agencies.
11 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES
12 ADMINISTRATION
13 (INCLUDING TRANSFER OF FUNDS)
14 SEC. 520. Funds available to the General Services Ad-
15 ministration shall be available for the hire of passenger
16 motor vehicles.
17 SEC. 521. Funds in the Federal Buildings Fund made
18 available for fiscal year 2022 for Federal Buildings Fund
19 activities may be transferred between such activities only
20 to the extent necessary to meet program requirements: Pro-
21 vided, That any proposed transfers shall be approved in ad-
22 vance by the Committees on Appropriations of the House
23 of Representatives and the Senate.
24 SEC. 522. Except as otherwise provided in this title,
25 funds made available by this Act shall be used to transmit
•HR 2471 EAH
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1 a fiscal year 2023 request for United States Courthouse con-
2 struction only if the request: (1) meets the design guide
3 standards for construction as established and approved by
4 the General Services Administration, the Judicial Con-
5 ference of the United States, and the Office of Management
6 and Budget; (2) reflects the priorities of the Judicial Con-
7 ference of the United States as set out in its approved
8 Courthouse Project Priorities plan; and (3) includes a
9 standardized courtroom utilization study of each facility to
10 be constructed, replaced, or expanded.
11 SEC. 523. None of the funds provided in this Act may
12 be used to increase the amount of occupiable square feet,
13 provide cleaning services, security enhancements, or any
14 other service usually provided through the Federal Build-
15 ings Fund, to any agency that does not pay the rate per
16 square foot assessment for space and services as determined
17 by the General Services Administration in consideration of
18 the Public Buildings Amendments Act of 1972 (Public Law
19 92–313).
20 SEC. 524. From funds made available under the head-
21 ing ‘‘Federal Buildings Fund, Limitations on Availability
22 of Revenue’’, claims against the Government of less than
23 $250,000 arising from direct construction projects and ac-
24 quisition of buildings may be liquidated from savings ef-
25 fected in other construction projects with prior notification
•HR 2471 EAH
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1 to the Committees on Appropriations of the House of Rep-
2 resentatives and the Senate.
3 SEC. 525. In any case in which the Committee on
4 Transportation and Infrastructure of the House of Rep-
5 resentatives and the Committee on Environment and Public
6 Works of the Senate adopt a resolution granting lease au-
7 thority pursuant to a prospectus transmitted to Congress
8 by the Administrator of the General Services Administra-
9 tion under 40 U.S.C. 3307, the Administrator shall ensure
10 that the delineated area of procurement is identical to the
11 delineated area included in the prospectus for all lease
12 agreements, except that, if the Administrator determines
13 that the delineated area of the procurement should not be
14 identical to the delineated area included in the prospectus,
15 the Administrator shall provide an explanatory statement
16 to each of such committees and the Committees on Appro-
17 priations of the House of Representatives and the Senate
18 prior to exercising any lease authority provided in the reso-
19 lution.
20 SEC. 526. With respect to E–Government projects
21 funded under the heading ‘‘Federal Citizen Services Fund’’,
22 the Administrator of General Services shall submit a spend-
23 ing plan and explanation for each project to be undertaken
24 to the Committees on Appropriations of the House of Rep-
•HR 2471 EAH
553
1 resentatives and the Senate not later than 60 days after
2 the date of enactment of this Act.
3 SEC. 527. Section 323 of title 40, United States Code,
4 is amended by adding at the end a new subsection:
5 ‘‘(f) The Administrator may enter into agreements
6 with federal agencies to provide services through the Fund
7 on a fully reimbursable basis.’’.
8 SEC. 528. Section 3173(d)(1) of title 40, United States
9 Code, is amended by inserting before the period the fol-
10 lowing: ‘‘or for agency-wide acquisition of equipment or
11 systems or the acquisition of services in lieu thereof, as nec-
12 essary to implement the Act’’.
13 SEC. 529. Section 3173(b)(1) of title 40, United States
14 Code, is amended by inserting ‘‘, including advance pay-
15 ments,’’ after ‘‘Amounts received’’.
16 SEC. 530. (a) The Administrator of the General Serv-
17 ices Administration shall select a site from one of the three
18 listed in the General Services Administration Fiscal Year
19 2017 PNCR–FBI–NCR17 prospectus for a new fully con-
20 solidated Federal Bureau of Investigations (FBI) head-
21 quarters. Such decision shall be made in as expeditious
22 manner as possible.
23 (b) Within 180 days of selecting a site, the General
24 Services Administrator shall transmit to the Committees on
25 Appropriations of the House of Representatives and the
•HR 2471 EAH
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1 Senate, the Committee on Transportation and Infrastruc-
2 ture of the House of Representatives, and the Committee
3 on Environment and Public Works of the Senate, a report
4 on the construction of a new headquarters for the FBI in
5 the National Capital Region.
6 (c) The report transmitted under subsection (b) shall
7 be consistent with the requirements of section 3307(b) of
8 title 40, United States Code, and include a summary of
9 the material provisions of the construction and consolida-
10 tion of the FBI in a new headquarters facility, including
11 all the costs associated design, management, and inspection,
12 and a description of all buildings and infrastructure needed
13 to complete the project.
14 HARRY S TRUMAN SCHOLARSHIP FOUNDATION
15 SALARIES AND EXPENSES
16 For payment to the Harry S Truman Scholarship
17 Foundation Trust Fund, established by section 10 of Public
18 Law 93–642, $2,500,000, to remain available until ex-
19 pended.
20 MERIT SYSTEMS PROTECTION BOARD
21 SALARIES AND EXPENSES
22 (INCLUDING TRANSFER OF FUNDS)
23 For necessary expenses to carry out functions of the
24 Merit Systems Protection Board pursuant to Reorganiza-
25 tion Plan Numbered 2 of 1978, the Civil Service Reform
•HR 2471 EAH
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1 Act of 1978, and the Whistleblower Protection Act of 1989
2 (5 U.S.C. 5509 note), including services as authorized by
3 5 U.S.C. 3109, rental of conference rooms in the District
4 of Columbia and elsewhere, hire of passenger motor vehicles,
5 direct procurement of survey printing, and not to exceed
6 $2,000 for official reception and representation expenses,
7 $45,825,000, to remain available until September 30, 2023,
8 and in addition not to exceed $2,345,000, to remain avail-
9 able until September 30, 2023, for administrative expenses
10 to adjudicate retirement appeals to be transferred from the
11 Civil Service Retirement and Disability Fund in amounts
12 determined by the Merit Systems Protection Board.
13 MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION
14 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
15 (INCLUDING TRANSFER OF FUNDS)
16 For payment to the Morris K. Udall and Stewart L.
17 Udall Foundation, pursuant to the Morris K. Udall and
18 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et seq.),
19 $1,800,000, to remain available until expended, of which,
20 notwithstanding sections 8 and 9 of such Act, up to
21 $1,000,000 shall be available to carry out the activities au-
22 thorized by section 6(7) of Public Law 102–259 and section
23 817(a) of Public Law 106–568 (20 U.S.C. 5604(7)): Pro-
24 vided, That all current and previous amounts transferred
25 to the Office of Inspector General of the Department of the
•HR 2471 EAH
556
1 Interior will remain available until expended for audits
2 and investigations of the Morris K. Udall and Stewart L.
3 Udall Foundation, consistent with the Inspector General
4 Act of 1978 (5 U.S.C. App.), as amended, and for annual
5 independent financial audits of the Morris K. Udall and
6 Stewart L. Udall Foundation pursuant to the Account-
7 ability of Tax Dollars Act of 2002 (Public Law 107–289):
8 Provided further, That previous amounts transferred to the
9 Office of Inspector General of the Department of the Interior
10 may be transferred to the Morris K. Udall and Stewart L.
11 Udall Foundation for annual independent financial audits
12 pursuant to the Accountability of Tax Dollars Act of 2002
13 (Public Law 107–289).
14 ENVIRONMENTAL DISPUTE RESOLUTION FUND
15 For payment to the Environmental Dispute Resolution
16 Fund to carry out activities authorized in the Environ-
17 mental Policy and Conflict Resolution Act of 1998,
18 $3,296,000, to remain available until expended.
19 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
20 OPERATING EXPENSES
21 For necessary expenses in connection with the admin-
22 istration of the National Archives and Records Administra-
23 tion and archived Federal records and related activities, as
24 provided by law, and for expenses necessary for the review
25 and declassification of documents, the activities of the Pub-
•HR 2471 EAH
557
1 lic Interest Declassification Board, the operations and
2 maintenance of the electronic records archives, the hire of
3 passenger motor vehicles, and for uniforms or allowances
4 therefor, as authorized by law (5 U.S.C. 5901), including
5 maintenance, repairs, and cleaning, $388,310,000, of which
6 $29,000,000 shall remain available until expended for ex-
7 penses necessary to enhance the Federal Government’s abil-
8 ity to electronically preserve, manage, and store Govern-
9 ment records, and of which up to $2,000,000 shall remain
10 available until expended to implement the Civil Rights Cold
11 Case Records Collection Act of 2018 (Public Law 115–426).
12 OFFICE OF INSPECTOR GENERAL
13 For necessary expenses of the Office of Inspector Gen-
14 eral in carrying out the provisions of the Inspector General
15 Reform Act of 2008, Public Law 110–409, 122 Stat. 4302–
16 16 (2008), and the Inspector General Act of 1978 (5 U.S.C.
17 App.), and for the hire of passenger motor vehicles,
18 $4,968,000.
19 REPAIRS AND RESTORATION
20 (INCLUDING TRANSFER OF FUNDS)
21 For the repair, alteration, and improvement of ar-
22 chives facilities and museum exhibits, related equipment for
23 public spaces, and to provide adequate storage for holdings,
24 $71,000,000, to remain available until expended, of which
25 $11,500,000 is for the Harry S. Truman Library Institute
•HR 2471 EAH
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1 for National and International Affairs in Kansas City,
2 Missouri, and of which $20,000,000 is for the Ulysses S.
3 Grant Presidential Library in Starkville, Mississippi: Pro-
4 vided, That such funds may be transferred directly to the
5 Truman Library Institute and to Mississippi State Univer-
6 sity and maybe used for improvements to library grounds
7 and construction and related activities.
8 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
9 COMMISSION
10 GRANTS PROGRAM
11 For necessary expenses for allocations and grants for
12 historical publications and records as authorized by 44
13 U.S.C. 2504, $7,000,000, to remain available until ex-
14 pended.
15 ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND
16 RECORDS ADMINISTRATION
17 SEC. 531. For an additional amount for ‘‘National
18 Historical Publications and Records Commission Grants
19 Program’’, $5,265,000, which shall be for initiatives in the
20 amounts and for the projects specified in the table that ap-
21 pears under the heading ‘‘Administrative Provisions—Na-
22 tional Archives and Records Administration’’ in the ex-
23 planatory statement described in section 4 (in the matter
24 preceding division A of this consolidated Act): Provided,
•HR 2471 EAH
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1 That none of the funds made available by this section may
2 be transferred for any other purpose.
3 NATIONAL CREDIT UNION ADMINISTRATION
4 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
5 For the Community Development Revolving Loan
6 Fund program as authorized by 42 U.S.C. 9812, 9822 and
7 9910, $1,545,000 shall be available until September 30,
8 2023, for technical assistance to low-income designated
9 credit unions.
10 OFFICE OF GOVERNMENT ETHICS
11 SALARIES AND EXPENSES
12 For necessary expenses to carry out functions of the
13 Office of Government Ethics pursuant to the Ethics in Gov-
14 ernment Act of 1978, the Ethics Reform Act of 1989, and
15 the Representative Louise McIntosh Slaughter Stop Trad-
16 ing on Congressional Knowledge Act, including services as
17 authorized by 5 U.S.C. 3109, rental of conference rooms in
18 the District of Columbia and elsewhere, hire of passenger
19 motor vehicles, and not to exceed $1,500 for official recep-
20 tion and representation expenses, $19,158,000.
21 OFFICE OF PERSONNEL MANAGEMENT
22 SALARIES AND EXPENSES
23 (INCLUDING TRANSFERS OF TRUST FUNDS)
24 For necessary expenses to carry out functions of the
25 Office of Personnel Management (OPM) pursuant to Reor-
•HR 2471 EAH
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1 ganization Plan Numbered 2 of 1978 and the Civil Service
2 Reform Act of 1978, including services as authorized by 5
3 U.S.C. 3109; medical examinations performed for veterans
4 by private physicians on a fee basis; rental of conference
5 rooms in the District of Columbia and elsewhere; hire of
6 passenger motor vehicles; not to exceed $2,500 for official
7 reception and representation expenses; and payment of per
8 diem and/or subsistence allowances to employees where Vot-
9 ing Rights Act activities require an employee to remain
10 overnight at his or her post of duty, $164,934,000: Provided,
11 That of the total amount made available under this head-
12 ing, $8,842,000 shall remain available until expended, for
13 information technology infrastructure modernization and
14 Trust Fund Federal Financial System migration or mod-
15 ernization, and shall be in addition to funds otherwise
16 made available for such purposes: Provided further, That
17 of the total amount made available under this heading,
18 $1,073,201 may be made available for strengthening the ca-
19 pacity and capabilities of the acquisition workforce (as de-
20 fined by the Office of Federal Procurement Policy Act, as
21 amended (41 U.S.C. 4001 et seq.)), including the recruit-
22 ment, hiring, training, and retention of such workforce and
23 information technology in support of acquisition workforce
24 effectiveness or for management solutions to improve acqui-
25 sition management; and in addition $174,714,000 for ad-
•HR 2471 EAH
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1 ministrative expenses, to be transferred from the appro-
2 priate trust funds of OPM without regard to other statutes,
3 including direct procurement of printed materials, for the
4 retirement and insurance programs: Provided further, That
5 the provisions of this appropriation shall not affect the au-
6 thority to use applicable trust funds as provided by sections
7 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
8 9004(f)(2)(A) of title 5, United States Code: Provided fur-
9 ther, That no part of this appropriation shall be available
10 for salaries and expenses of the Legal Examining Unit of
11 OPM established pursuant to Executive Order No. 9358 of
12 July 1, 1943, or any successor unit of like purpose: Pro-
13 vided further, That the President’s Commission on White
14 House Fellows, established by Executive Order No. 11183
15 of October 3, 1964, may, during fiscal year 2022, accept
16 donations of money, property, and personal services: Pro-
17 vided further, That such donations, including those from
18 prior years, may be used for the development of publicity
19 materials to provide information about the White House
20 Fellows, except that no such donations shall be accepted for
21 travel or reimbursement of travel expenses, or for the sala-
22 ries of employees of such Commission: Provided further,
23 That not to exceed 5 percent of amounts made available
24 under this heading may be transferred to an information
25 technology working capital fund established for purposes
•HR 2471 EAH
562
1 authorized by subtitle G of title X of division A of the Na-
2 tional Defense Authorization Act for Fiscal Year 2018 (Pub-
3 lic Law 115–91; 40 U.S.C. 11301 note): Provided further,
4 That the Director of the OPM shall notify, and receive ap-
5 proval from, the Committees on Appropriations of the
6 House of Representatives and the Senate at least 15 days
7 in advance of any transfer under the preceding proviso:
8 Provided further, That amounts transferred to such a fund
9 under such transfer authority from any organizational cat-
10 egory of the OPM shall not exceed 5 percent of each such
11 organizational category’s budget as identified in the report
12 required by section 608 of this Act: Provided further, That
13 amounts transferred to such a fund shall remain available
14 for obligation through September 30, 2025.
15 OFFICE OF INSPECTOR GENERAL
16 SALARIES AND EXPENSES
17 (INCLUDING TRANSFER OF TRUST FUNDS)
18 For necessary expenses of the Office of Inspector Gen-
19 eral in carrying out the provisions of the Inspector General
20 Act of 1978, including services as authorized by 5 U.S.C.
21 3109, hire of passenger motor vehicles, $5,150,000, and in
22 addition, not to exceed $28,083,000 for administrative ex-
23 penses to audit, investigate, and provide other oversight of
24 the Office of Personnel Management’s retirement and insur-
25 ance programs, to be transferred from the appropriate trust
•HR 2471 EAH
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1 funds of the Office of Personnel Management, as determined
2 by the Inspector General: Provided, That the Inspector Gen-
3 eral is authorized to rent conference rooms in the District
4 of Columbia and elsewhere.
5 OFFICE OF SPECIAL COUNSEL
6 SALARIES AND EXPENSES
7 For necessary expenses to carry out functions of the
8 Office of Special Counsel, including services as authorized
9 by 5 U.S.C. 3109, payment of fees and expenses for wit-
10 nesses, rental of conference rooms in the District of Colum-
11 bia and elsewhere, and hire of passenger motor vehicles,
12 $30,385,000.
13 POSTAL REGULATORY COMMISSION
14 SALARIES AND EXPENSES
15 (INCLUDING TRANSFER OF FUNDS)
16 For necessary expenses of the Postal Regulatory Com-
17 mission in carrying out the provisions of the Postal Ac-
18 countability and Enhancement Act (Public Law 109–435),
19 $17,510,000, to be derived by transfer from the Postal Serv-
20 ice Fund and expended as authorized by section 603(a) of
21 such Act.
22 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
23 SALARIES AND EXPENSES
24 For necessary expenses of the Privacy and Civil Lib-
25 erties Oversight Board, as authorized by section 1061 of the
•HR 2471 EAH
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1 Intelligence Reform and Terrorism Prevention Act of 2004
2 (42 U.S.C. 2000ee), $9,800,000, to remain available until
3 September 30, 2023.
4 PUBLIC BUILDINGS REFORM BOARD
5 SALARIES AND EXPENSES
6 For salaries and expenses of the Public Buildings Re-
7 form Board in carrying out the Federal Assets Sale and
8 Transfer Act of 2016 (Public Law 114–287), $3,605,000,
9 to remain available until expended.
10 SECURITIES AND EXCHANGE COMMISSION
11 SALARIES AND EXPENSES
12 For necessary expenses for the Securities and Exchange
13 Commission, including services as authorized by 5 U.S.C.
14 3109, the rental of space (to include multiple year leases)
15 in the District of Columbia and elsewhere, and not to exceed
16 $3,500 for official reception and representation expenses,
17 $1,988,550,000, to remain available until expended; of
18 which not less than $17,649,400 shall be for the Office of
19 Inspector General; of which not to exceed $75,000 shall be
20 available for a permanent secretariat for the International
21 Organization of Securities Commissions; and of which not
22 to exceed $100,000 shall be available for expenses for con-
23 sultations and meetings hosted by the Commission with for-
24 eign governmental and other regulatory officials, members
25 of their delegations and staffs to exchange views concerning
•HR 2471 EAH
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1 securities matters, such expenses to include necessary logis-
2 tic and administrative expenses and the expenses of Com-
3 mission staff and foreign invitees in attendance including:
4 (1) incidental expenses such as meals; (2) travel and trans-
5 portation; and (3) related lodging or subsistence.
6 In addition to the foregoing appropriation, for move,
7 replication, and related costs associated with a replacement
8 lease for the Commission’s Fort Worth Regional Office fa-
9 cilities, not to exceed $6,746,000, to remain available until
10 expended; and for move, replication, and related costs asso-
11 ciated with a replacement lease for the Commission’s San
12 Francisco Regional Office facilities, not to exceed
13 $4,367,000, to remain available until expended.
14 For purposes of calculating the fee rate under section
15 31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
16 78ee(j)) for fiscal year 2022, all amounts appropriated
17 under this heading shall be deemed to be the regular appro-
18 priation to the Commission for fiscal year 2022: Provided,
19 That fees and charges authorized by section 31 of the Secu-
20 rities Exchange Act of 1934 (15 U.S.C. 78ee) shall be cred-
21 ited to this account as offsetting collections: Provided fur-
22 ther, That not to exceed $1,988,550,000 of such offsetting
23 collections shall be available until expended for necessary
24 expenses of this account; not to exceed $6,746,000 of such
25 offsetting collections shall be available until expended for
•HR 2471 EAH
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1 move, replication, and related costs under this heading asso-
2 ciated with a replacement lease for the Commission’s Fort
3 Worth Regional Office facilities; and not to exceed
4 $4,367,000 of such offsetting collections shall be available
5 until expended for move, replication, and related costs
6 under this heading associated with a replacement lease for
7 the Commission’s San Francisco Regional Office facilities:
8 Provided further, That the total amount appropriated
9 under this heading from the general fund for fiscal year
10 2022 shall be reduced as such offsetting fees are received
11 so as to result in a final total fiscal year 2022 appropria-
12 tion from the general fund estimated at not more than $0:
13 Provided further, That if any amount of the appropriation
14 for move, replication, and related costs associated with a
15 replacement lease for the Commission’s Fort Worth Re-
16 gional Office facilities or if any amount of the appropria-
17 tion for move, replication, and related costs associated with
18 a replacement lease for the Commission’s San Francisco Re-
19 gional Office facilities is subsequently de-obligated by the
20 Commission, such amount that was derived from the gen-
21 eral fund shall be returned to the general fund, and such
22 amounts that were derived from fees or assessments collected
23 for such purpose shall be paid to each national securities
24 exchange and national securities association, respectively,
25 in proportion to any fees or assessments paid by such na-
•HR 2471 EAH
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1 tional securities exchange or national securities association
2 under section 31 of the Securities Exchange Act of 1934
3 (15 U.S.C. 78ee) in fiscal year 2022.
4 SELECTIVE SERVICE SYSTEM
5 SALARIES AND EXPENSES
6 For necessary expenses of the Selective Service System,
7 including expenses of attendance at meetings and of train-
8 ing for uniformed personnel assigned to the Selective Serv-
9 ice System, as authorized by 5 U.S.C. 4101–4118 for civil-
10 ian employees; hire of passenger motor vehicles; services as
11 authorized by 5 U.S.C. 3109; and not to exceed $750 for
12 official reception and representation expenses; $29,200,000:
13 Provided, That during the current fiscal year, the President
14 may exempt this appropriation from the provisions of 31
15 U.S.C. 1341, whenever the President deems such action to
16 be necessary in the interest of national defense: Provided
17 further, That none of the funds appropriated by this Act
18 may be expended for or in connection with the induction
19 of any person into the Armed Forces of the United States.
20 SMALL BUSINESS ADMINISTRATION
21 SALARIES AND EXPENSES
22 For necessary expenses, not otherwise provided for, of
23 the Small Business Administration, including hire of pas-
24 senger motor vehicles as authorized by sections 1343 and
25 1344 of title 31, United States Code, and not to exceed
•HR 2471 EAH
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1 $3,500 for official reception and representation expenses,
2 $278,378,000, of which not less than $12,000,000 shall be
3 available for examinations, reviews, and other lender over-
4 sight activities: Provided, That the Administrator is au-
5 thorized to charge fees to cover the cost of publications devel-
6 oped by the Small Business Administration, and certain
7 loan program activities, including fees authorized by sec-
8 tion 5(b) of the Small Business Act: Provided further, That,
9 notwithstanding 31 U.S.C. 3302, revenues received from all
10 such activities shall be credited to this account, to remain
11 available until expended, for carrying out these purposes
12 without further appropriations: Provided further, That the
13 Small Business Administration may accept gifts in an
14 amount not to exceed $4,000,000 and may co-sponsor ac-
15 tivities, each in accordance with section 132(a) of division
16 K of Public Law 108–447, during fiscal year 2022: Pro-
17 vided further, That $6,100,000 shall be available for the
18 Loan Modernization and Accounting System, to be avail-
19 able until September 30, 2023.
20 ENTREPRENEURIAL DEVELOPMENT PROGRAMS
21 For necessary expenses of programs supporting entre-
22 preneurial and small business development, $290,150,000,
23 to remain available until September 30, 2023: Provided,
24 That $138,000,000 shall be available to fund grants for per-
25 formance in fiscal year 2022 or fiscal year 2023 as author-
•HR 2471 EAH
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1 ized by section 21 of the Small Business Act: Provided fur-
2 ther, That $37,000,000 shall be for marketing, management,
3 and technical assistance under section 7(m) of the Small
4 Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
5 make microloans under the microloan program: Provided
6 further, That $20,000,000 shall be available for grants to
7 States to carry out export programs that assist small busi-
8 ness concerns authorized under section 22(l) of the Small
9 Business Act (15 U.S.C. 649(l)).
10 OFFICE OF INSPECTOR GENERAL
11 For necessary expenses of the Office of Inspector Gen-
12 eral in carrying out the provisions of the Inspector General
13 Act of 1978, $22,671,000.
14 OFFICE OF ADVOCACY
15 For necessary expenses of the Office of Advocacy in
16 carrying out the provisions of title II of Public Law 94–
17 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexibility
18 Act of 1980 (5 U.S.C. 601 et seq.), $9,466,000, to remain
19 available until expended.
20 BUSINESS LOANS PROGRAM ACCOUNT
21 (INCLUDING TRANSFER OF FUNDS)
22 For the cost of direct loans, $6,000,000, to remain
23 available until expended: Provided, That such costs, includ-
24 ing the cost of modifying such loans, shall be as defined
25 in section 502 of the Congressional Budget Act of 1974: Pro-
•HR 2471 EAH
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1 vided further, That subject to section 502 of the Congres-
2 sional Budget Act of 1974, during fiscal year 2022 commit-
3 ments to guarantee loans under section 503 of the Small
4 Business Investment Act of 1958 shall not exceed
5 $11,000,000,000: Provided further, That during fiscal year
6 2022 commitments for general business loans authorized
7 under paragraphs (1) through (35) of section 7(a) of the
8 Small Business Act shall not exceed $30,000,000,000 for a
9 combination of amortizing term loans and the aggregated
10 maximum line of credit provided by revolving loans: Pro-
11 vided further, That during fiscal year 2022 commitments
12 for loans authorized under subparagraph (C) of section
13 502(7) of the Small Business Investment Act of 1958 (15
14 U.S.C. 696(7)) shall not exceed $4,000,000,000: Provided
15 further, That during fiscal year 2022 commitments to guar-
16 antee loans for debentures under section 303(b) of the Small
17 Business Investment Act of 1958 shall not exceed
18 $5,000,000,000: Provided further, That during fiscal year
19 2022, guarantees of trust certificates authorized by section
20 5(g) of the Small Business Act shall not exceed a principal
21 amount of $13,000,000,000. In addition, for administrative
22 expenses to carry out the direct and guaranteed loan pro-
23 grams, $163,000,000, which may be transferred to and
24 merged with the appropriations for Salaries and Expenses.
•HR 2471 EAH
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1 DISASTER LOANS PROGRAM ACCOUNT
2 (INCLUDING TRANSFERS OF FUNDS)
3 For administrative expenses to carry out the direct
4 loan program authorized by section 7(b) of the Small Busi-
5 ness Act, $178,000,000, to be available until expended, of
6 which $1,600,000 is for the Office of Inspector General of
7 the Small Business Administration for audits and reviews
8 of disaster loans and the disaster loan programs and shall
9 be transferred to and merged with the appropriations for
10 the Office of Inspector General; of which $168,000,000 is
11 for direct administrative expenses of loan making and serv-
12 icing to carry out the direct loan program, which may be
13 transferred to and merged with the appropriations for Sala-
14 ries and Expenses; and of which $8,400,000 is for indirect
15 administrative expenses for the direct loan program, which
16 may be transferred to and merged with the appropriations
17 for Salaries and Expenses: Provided, That, of the funds pro-
18 vided under this heading, $143,000,000 shall be for major
19 disasters declared pursuant to the Robert T. Stafford Dis-
20 aster Relief and Emergency Assistance Act (42 U.S.C.
21 5122(2)): Provided further, That the amount for major dis-
22 asters under this heading is designated by Congress as being
23 for disaster relief pursuant to section 4004(b)(6) and section
24 4005(f) of S. Con. Res. 14 (117th Congress), the concurrent
25 resolution on the budget for fiscal year 2022.
•HR 2471 EAH
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1 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS
2 ADMINISTRATION
3 (INCLUDING TRANSFERS OF FUNDS)
4 SEC. 540. Not to exceed 5 percent of any appropriation
5 made available for the current fiscal year for the Small
6 Business Administration in this Act may be transferred be-
7 tween such appropriations, but no such appropriation shall
8 be increased by more than 10 percent by any such transfers:
9 Provided, That any transfer pursuant to this paragraph
10 shall be treated as a reprogramming of funds under section
11 608 of this Act and shall not be available for obligation
12 or expenditure except in compliance with the procedures set
13 forth in that section.
14 SEC. 541. Not to exceed 3 percent of any appropriation
15 made available in this Act for the Small Business Adminis-
16 tration under the headings ‘‘Salaries and Expenses’’ and
17 ‘‘Business Loans Program Account’’ may be transferred to
18 the Administration’s information technology system mod-
19 ernization and working capital fund (IT WCF), as author-
20 ized by section 1077(b)(1) of title X of division A of the
21 National Defense Authorization Act for Fiscal Year 2018,
22 for the purposes specified in section 1077(b)(3) of such Act,
23 upon the advance approval of the Committees on Appro-
24 priations of the House of Representatives and the Senate:
25 Provided, That amounts transferred to the IT WCF under
•HR 2471 EAH
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1 this section shall remain available for obligation through
2 September 30, 2025.
3 SEC. 542. For an additional amount for ‘‘Small Busi-
4 ness Administration—Salaries and Expenses’’,
5 $83,022,000, which shall be for initiatives related to small
6 business development and entrepreneurship, including pro-
7 grammatic and construction activities, in the amounts and
8 for the projects specified in the table that appears under
9 the heading ‘‘Administrative Provisions—Small Business
10 Administration’’ in the explanatory statement described in
11 section 4 (in the matter preceding division A of this consoli-
12 dated Act): Provided, That, notwithstanding sections
13 2701.92 and 2701.93 of title 2, Code of Federal Regulations,
14 the Administrator of the Small Business Administration
15 may permit awards to subrecipients for initiatives funded
16 under this section: Provided further, That none of the funds
17 made available by this section may be transferred for any
18 other purpose.
19 UNITED STATES POSTAL SERVICE
20 PAYMENT TO THE POSTAL SERVICE FUND
21 For payment to the Postal Service Fund for revenue
22 forgone on free and reduced rate mail, pursuant to sub-
23 sections (c) and (d) of section 2401 of title 39, United States
24 Code, $52,570,000: Provided, That mail for overseas voting
25 and mail for the blind shall continue to be free: Provided
•HR 2471 EAH
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1 further, That 6-day delivery and rural delivery of mail
2 shall continue at not less than the 1983 level: Provided fur-
3 ther, That none of the funds made available to the Postal
4 Service by this Act shall be used to implement any rule,
5 regulation, or policy of charging any officer or employee
6 of any State or local child support enforcement agency, or
7 any individual participating in a State or local program
8 of child support enforcement, a fee for information requested
9 or provided concerning an address of a postal customer:
10 Provided further, That none of the funds provided in this
11 Act shall be used to consolidate or close small rural and
12 other small post offices: Provided further, That the Postal
13 Service may not destroy, and shall continue to offer for sale,
14 any copies of the Multinational Species Conservation Funds
15 Semipostal Stamp, as authorized under the Multinational
16 Species Conservation Funds Semipostal Stamp Act of 2010
17 (Public Law 111–241).
18 OFFICE OF INSPECTOR GENERAL
19 SALARIES AND EXPENSES
20 (INCLUDING TRANSFER OF FUNDS)
21 For necessary expenses of the Office of Inspector Gen-
22 eral in carrying out the provisions of the Inspector General
23 Act of 1978, $262,000,000, to be derived by transfer from
24 the Postal Service Fund and expended as authorized by sec-
•HR 2471 EAH
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1 tion 603(b)(3) of the Postal Accountability and Enhance-
2 ment Act (Public Law 109–435).
3 UNITED STATES TAX COURT
4 SALARIES AND EXPENSES
5 For necessary expenses, including contract reporting
6 and other services as authorized by 5 U.S.C. 3109, and not
7 to exceed $3,000 for official reception and representation
8 expenses; $57,783,000, of which $1,000,000 shall remain
9 available until expended: Provided, That travel expenses of
10 the judges shall be paid upon the written certificate of the
11 judge.
•HR 2471 EAH
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1 TITLE VI
2 GENERAL PROVISIONS—THIS ACT
3 (INCLUDING RESCISSION OF FUNDS)
4 SEC. 601. None of the funds in this Act shall be used
5 for the planning or execution of any program to pay the
6 expenses of, or otherwise compensate, non-Federal parties
7 intervening in regulatory or adjudicatory proceedings fund-
8 ed in this Act.
9 SEC. 602. None of the funds appropriated in this Act
10 shall remain available for obligation beyond the current fis-
11 cal year, nor may any be transferred to other appropria-
12 tions, unless expressly so provided herein.
13 SEC. 603. The expenditure of any appropriation under
14 this Act for any consulting service through procurement
15 contract pursuant to 5 U.S.C. 3109, shall be limited to those
16 contracts where such expenditures are a matter of public
17 record and available for public inspection, except where oth-
18 erwise provided under existing law, or under existing Exec-
19 utive order issued pursuant to existing law.
20 SEC. 604. None of the funds made available in this
21 Act may be transferred to any department, agency, or in-
22 strumentality of the United States Government, except pur-
23 suant to a transfer made by, or transfer authority provided
24 in, this Act or any other appropriations Act.
•HR 2471 EAH
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1 SEC. 605. None of the funds made available by this
2 Act shall be available for any activity or for paying the
3 salary of any Government employee where funding an ac-
4 tivity or paying a salary to a Government employee would
5 result in a decision, determination, rule, regulation, or pol-
6 icy that would prohibit the enforcement of section 307 of
7 the Tariff Act of 1930 (19 U.S.C. 1307).
8 SEC. 606. No funds appropriated pursuant to this Act
9 may be expended by an entity unless the entity agrees that
10 in expending the assistance the entity will comply with
11 chapter 83 of title 41, United States Code.
12 SEC. 607. No funds appropriated or otherwise made
13 available under this Act shall be made available to any per-
14 son or entity that has been convicted of violating chapter
15 83 of title 41, United States Code.
16 SEC. 608. Except as otherwise provided in this Act,
17 none of the funds provided in this Act, provided by previous
18 appropriations Acts to the agencies or entities funded in
19 this Act that remain available for obligation or expenditure
20 in fiscal year 2022, or provided from any accounts in the
21 Treasury derived by the collection of fees and available to
22 the agencies funded by this Act, shall be available for obliga-
23 tion or expenditure through a reprogramming of funds that:
24 (1) creates a new program; (2) eliminates a program,
25 project, or activity; (3) increases funds or personnel for any
•HR 2471 EAH
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1 program, project, or activity for which funds have been de-
2 nied or restricted by the Congress; (4) proposes to use funds
3 directed for a specific activity by the Committee on Appro-
4 priations of either the House of Representatives or the Sen-
5 ate for a different purpose; (5) augments existing programs,
6 projects, or activities in excess of $5,000,000 or 10 percent,
7 whichever is less; (6) reduces existing programs, projects,
8 or activities by $5,000,000 or 10 percent, whichever is less;
9 or (7) creates or reorganizes offices, programs, or activities
10 unless prior approval is received from the Committees on
11 Appropriations of the House of Representatives and the
12 Senate: Provided, That prior to any significant reorganiza-
13 tion, restructuring, relocation, or closing of offices, pro-
14 grams, or activities, each agency or entity funded in this
15 Act shall consult with the Committees on Appropriations
16 of the House of Representatives and the Senate: Provided
17 further, That not later than 60 days after the date of enact-
18 ment of this Act, each agency funded by this Act shall sub-
19 mit a report to the Committees on Appropriations of the
20 House of Representatives and the Senate to establish the
21 baseline for application of reprogramming and transfer au-
22 thorities for the current fiscal year: Provided further, That
23 at a minimum the report shall include: (1) a table for each
24 appropriation, detailing both full-time employee equiva-
25 lents and budget authority, with separate columns to dis-
•HR 2471 EAH
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1 play the prior year enacted level, the President’s budget re-
2 quest, adjustments made by Congress, adjustments due to
3 enacted rescissions, if appropriate, and the fiscal year en-
4 acted level; (2) a delineation in the table for each appro-
5 priation and its respective prior year enacted level by object
6 class and program, project, and activity as detailed in this
7 Act, in the accompanying report, or in the budget appendix
8 for the respective appropriation, whichever is more detailed,
9 and which shall apply to all items for which a dollar
10 amount is specified and to all programs for which new
11 budget authority is provided, as well as to discretionary
12 grants and discretionary grant allocations; and (3) an
13 identification of items of special congressional interest: Pro-
14 vided further, That the amount appropriated or limited for
15 salaries and expenses for an agency shall be reduced by
16 $100,000 per day for each day after the required date that
17 the report has not been submitted to the Congress.
18 SEC. 609. Except as otherwise specifically provided by
19 law, not to exceed 50 percent of unobligated balances re-
20 maining available at the end of fiscal year 2022 from ap-
21 propriations made available for salaries and expenses for
22 fiscal year 2022 in this Act, shall remain available through
23 September 30, 2023, for each such account for the purposes
24 authorized: Provided, That a request shall be submitted to
25 the Committees on Appropriations of the House of Rep-
•HR 2471 EAH
580
1 resentatives and the Senate for approval prior to the ex-
2 penditure of such funds: Provided further, That these re-
3 quests shall be made in compliance with reprogramming
4 guidelines.
5 SEC. 610. (a) None of the funds made available in this
6 Act may be used by the Executive Office of the President
7 to request—
8 (1) any official background investigation report
9 on any individual from the Federal Bureau of Inves-
10 tigation; or
11 (2) a determination with respect to the treatment
12 of an organization as described in section 501(c) of
13 the Internal Revenue Code of 1986 and exempt from
14 taxation under section 501(a) of such Code from the
15 Department of the Treasury or the Internal Revenue
16 Service.
17 (b) Subsection (a) shall not apply—
18 (1) in the case of an official background inves-
19 tigation report, if such individual has given express
20 written consent for such request not more than 6
21 months prior to the date of such request and during
22 the same presidential administration; or
23 (2) if such request is required due to extraor-
24 dinary circumstances involving national security.
•HR 2471 EAH
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1 SEC. 611. The cost accounting standards promulgated
2 under chapter 15 of title 41, United States Code shall not
3 apply with respect to a contract under the Federal Employ-
4 ees Health Benefits Program established under chapter 89
5 of title 5, United States Code.
6 SEC. 612. For the purpose of resolving litigation and
7 implementing any settlement agreements regarding the non-
8 foreign area cost-of-living allowance program, the Office of
9 Personnel Management may accept and utilize (without re-
10 gard to any restriction on unanticipated travel expenses
11 imposed in an Appropriations Act) funds made available
12 to the Office of Personnel Management pursuant to court
13 approval.
14 SEC. 613. No funds appropriated by this Act shall be
15 available to pay for an abortion, or the administrative ex-
16 penses in connection with any health plan under the Fed-
17 eral employees health benefits program which provides any
18 benefits or coverage for abortions.
19 SEC. 614. The provision of section 613 shall not apply
20 where the life of the mother would be endangered if the fetus
21 were carried to term, or the pregnancy is the result of an
22 act of rape or incest.
23 SEC. 615. In order to promote Government access to
24 commercial information technology, the restriction on pur-
25 chasing nondomestic articles, materials, and supplies set
•HR 2471 EAH
582
1 forth in chapter 83 of title 41, United States Code (popu-
2 larly known as the Buy American Act), shall not apply to
3 the acquisition by the Federal Government of information
4 technology (as defined in section 11101 of title 40, United
5 States Code), that is a commercial item (as defined in sec-
6 tion 103 of title 41, United States Code).
7 SEC. 616. Notwithstanding section 1353 of title 31,
8 United States Code, no officer or employee of any regulatory
9 agency or commission funded by this Act may accept on
10 behalf of that agency, nor may such agency or commission
11 accept, payment or reimbursement from a non-Federal enti-
12 ty for travel, subsistence, or related expenses for the purpose
13 of enabling an officer or employee to attend and participate
14 in any meeting or similar function relating to the official
15 duties of the officer or employee when the entity offering
16 payment or reimbursement is a person or entity subject to
17 regulation by such agency or commission, or represents a
18 person or entity subject to regulation by such agency or
19 commission, unless the person or entity is an organization
20 described in section 501(c)(3) of the Internal Revenue Code
21 of 1986 and exempt from tax under section 501(a) of such
22 Code.
23 SEC. 617. (a)(1) Notwithstanding any other provision
24 of law, an Executive agency covered by this Act otherwise
25 authorized to enter into contracts for either leases or the
•HR 2471 EAH
583
1 construction or alteration of real property for office, meet-
2 ing, storage, or other space must consult with the General
3 Services Administration before issuing a solicitation for of-
4 fers of new leases or construction contracts, and in the case
5 of succeeding leases, before entering into negotiations with
6 the current lessor.
7 (2) Any such agency with authority to enter into an
8 emergency lease may do so during any period declared by
9 the President to require emergency leasing authority with
10 respect to such agency.
11 (b) For purposes of this section, the term ‘‘Executive
12 agency covered by this Act’’ means any Executive agency
13 provided funds by this Act, but does not include the General
14 Services Administration or the United States Postal Serv-
15 ice.
16 SEC. 618. (a) There are appropriated for the following
17 activities the amounts required under current law:
18 (1) Compensation of the President (3 U.S.C.
19 102).
20 (2) Payments to—
21 (A) the Judicial Officers’ Retirement Fund
22 (28 U.S.C. 377(o));
23 (B) the Judicial Survivors’ Annuities Fund
24 (28 U.S.C. 376(c)); and
•HR 2471 EAH
584
1 (C) the United States Court of Federal
2 Claims Judges’ Retirement Fund (28 U.S.C.
3 178(l)).
4 (3) Payment of Government contributions—
5 (A) with respect to the health benefits of re-
6 tired employees, as authorized by chapter 89 of
7 title 5, United States Code, and the Retired Fed-
8 eral Employees Health Benefits Act (74 Stat.
9 849); and
10 (B) with respect to the life insurance bene-
11 fits for employees retiring after December 31,
12 1989 (5 U.S.C. ch. 87).
13 (4) Payment to finance the unfunded liability of
14 new and increased annuity benefits under the Civil
15 Service Retirement and Disability Fund (5 U.S.C.
16 8348).
17 (5) Payment of annuities authorized to be paid
18 from the Civil Service Retirement and Disability
19 Fund by statutory provisions other than subchapter
20 III of chapter 83 or chapter 84 of title 5, United
21 States Code.
22 (b) Nothing in this section may be construed to exempt
23 any amount appropriated by this section from any other-
24 wise applicable limitation on the use of funds contained in
25 this Act.
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1 SEC. 619. None of the funds made available in this
2 Act may be used by the Federal Trade Commission to com-
3 plete the draft report entitled ‘‘Interagency Working Group
4 on Food Marketed to Children: Preliminary Proposed Nu-
5 trition Principles to Guide Industry Self-Regulatory Ef-
6 forts’’ unless the Interagency Working Group on Food Mar-
7 keted to Children complies with Executive Order No. 13563.
8 SEC. 620. (a) The head of each executive branch agency
9 funded by this Act shall ensure that the Chief Information
10 Officer of the agency has the authority to participate in
11 decisions regarding the budget planning process related to
12 information technology.
13 (b) Amounts appropriated for any executive branch
14 agency funded by this Act that are available for informa-
15 tion technology shall be allocated within the agency, con-
16 sistent with the provisions of appropriations Acts and budg-
17 et guidelines and recommendations from the Director of the
18 Office of Management and Budget, in such manner as speci-
19 fied by, or approved by, the Chief Information Officer of
20 the agency in consultation with the Chief Financial Officer
21 of the agency and budget officials.
22 SEC. 621. None of the funds made available in this
23 Act may be used in contravention of chapter 29, 31, or 33
24 of title 44, United States Code.
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1 SEC. 622. None of the funds made available in this
2 Act may be used by a governmental entity to require the
3 disclosure by a provider of electronic communication service
4 to the public or remote computing service of the contents
5 of a wire or electronic communication that is in electronic
6 storage with the provider (as such terms are defined in sec-
7 tions 2510 and 2711 of title 18, United States Code) in
8 a manner that violates the Fourth Amendment to the Con-
9 stitution of the United States.
10 SEC. 623. None of the funds appropriated by this Act
11 may be used by the Federal Communications Commission
12 to modify, amend, or change the rules or regulations of the
13 Commission for universal service high-cost support for com-
14 petitive eligible telecommunications carriers in a way that
15 is inconsistent with paragraph (e)(5) or (e)(6) of section
16 54.307 of title 47, Code of Federal Regulations, as in effect
17 on July 15, 2015: Provided, That this section shall not pro-
18 hibit the Commission from considering, developing, or
19 adopting other support mechanisms as an alternative to
20 Mobility Fund Phase II: Provided further, That any such
21 alternative mechanism shall maintain existing high-cost
22 support to competitive eligible telecommunications carriers
23 until support under such mechanism commences.
24 SEC. 624. No funds provided in this Act shall be used
25 to deny an Inspector General funded under this Act timely
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1 access to any records, documents, or other materials avail-
2 able to the department or agency over which that Inspector
3 General has responsibilities under the Inspector General Act
4 of 1978, or to prevent or impede that Inspector General’s
5 access to such records, documents, or other materials, under
6 any provision of law, except a provision of law that ex-
7 pressly refers to the Inspector General and expressly limits
8 the Inspector General’s right of access. A department or
9 agency covered by this section shall provide its Inspector
10 General with access to all such records, documents, and
11 other materials in a timely manner. Each Inspector Gen-
12 eral shall ensure compliance with statutory limitations on
13 disclosure relevant to the information provided by the estab-
14 lishment over which that Inspector General has responsibil-
15 ities under the Inspector General Act of 1978. Each Inspec-
16 tor General covered by this section shall report to the Com-
17 mittees on Appropriations of the House of Representatives
18 and the Senate within 5 calendar days any failures to com-
19 ply with this requirement.
20 SEC. 625. (a) None of the funds made available in this
21 Act may be used to maintain or establish a computer net-
22 work unless such network blocks the viewing, downloading,
23 and exchanging of pornography.
24 (b) Nothing in subsection (a) shall limit the use of
25 funds necessary for any Federal, State, tribal, or local law
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1 enforcement agency or any other entity carrying out crimi-
2 nal investigations, prosecution, adjudication activities, or
3 other law enforcement- or victim assistance-related activity.
4 SEC. 626. None of the funds appropriated or other-wise
5 made available by this Act may be used to pay award or
6 incentive fees for contractors whose performance has been
7 judged to be below satisfactory, behind schedule, over budget,
8 or has failed to meet the basic requirements of a contract,
9 unless the Agency determines that any such deviations are
10 due to unforeseeable events, government-driven scope
11 changes, or are not significant within the overall scope of
12 the project and/or program and unless such awards or in-
13 centive fees are consistent with 16.401(e)(2) of the Federal
14 Acquisition Regulation.
15 SEC. 627. (a) None of the funds made available under
16 this Act may be used to pay for travel and conference activi-
17 ties that result in a total cost to an Executive branch de-
18 partment, agency, board or commission funded by this Act
19 of more than $500,000 at any single conference unless the
20 agency or entity determines that such attendance is in the
21 national interest and advance notice is transmitted to the
22 Committees on Appropriations of the House of Representa-
23 tives and the Senate that includes the basis of that deter-
24 mination.
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1 (b) None of the funds made available under this Act
2 may be used to pay for the travel to or attendance of more
3 than 50 employees, who are stationed in the United States,
4 at any single conference occurring outside the United States
5 unless the agency or entity determines that such attendance
6 is in the national interest and advance notice is trans-
7 mitted to the Committees on Appropriations of the House
8 of Representatives and the Senate that includes the basis
9 of that determination.
10 SEC. 628. None of the funds made available by this
11 Act may be used for first-class or business-class travel by
12 the employees of executive branch agencies funded by this
13 Act in contravention of sections 301–10.122 through 301–
14 10.125 of title 41, Code of Federal Regulations.
15 SEC. 629. In addition to any amounts appropriated
16 or otherwise made available for expenses related to enhance-
17 ments to www.oversight.gov, $850,000, to remain available
18 until expended, shall be provided for an additional amount
19 for such purpose to the Inspectors General Council Fund
20 established pursuant to section 11(c)(3)(B) of the Inspector
21 General Act of 1978 (5 U.S.C. App.): Provided, That these
22 amounts shall be in addition to any amounts or any au-
23 thority available to the Council of the Inspectors General
24 on Integrity and Efficiency under section 11 of the Inspec-
25 tor General Act of 1978 (5 U.S.C. App.).
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1 SEC. 630. None of the funds made available by this
2 Act may be obligated on contracts in excess of $5,000 for
3 public relations, as that term is defined in Office and Man-
4 agement and Budget Circular A–87 (revised May 10, 2004),
5 unless advance notice of such an obligation is transmitted
6 to the Committees on Appropriations of the House of Rep-
7 resentatives and the Senate.
8 SEC. 631. Federal agencies funded under this Act shall
9 clearly state within the text, audio, or video used for adver-
10 tising or educational purposes, including emails or Internet
11 postings, that the communication is printed, published, or
12 produced and disseminated at U.S. taxpayer expense. The
13 funds used by a Federal agency to carry out this require-
14 ment shall be derived from amounts made available to the
15 agency for advertising or other communications regarding
16 the programs and activities of the agency.
17 SEC. 632. When issuing statements, press releases, re-
18 quests for proposals, bid solicitations and other documents
19 describing projects or programs funded in whole or in part
20 with Federal money, all grantees receiving Federal funds
21 included in this Act, shall clearly state—
22 (1) the percentage of the total costs of the pro-
23 gram or project which will be financed with Federal
24 money;
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1 (2) the dollar amount of Federal funds for the
2 project or program; and
3 (3) percentage and dollar amount of the total
4 costs of the project or program that will be financed
5 by non-governmental sources.
6 SEC. 633. None of the funds made available by this
7 Act shall be used by the Securities and Exchange Commis-
8 sion to finalize, issue, or implement any rule, regulation,
9 or order regarding the disclosure of political contributions,
10 contributions to tax exempt organizations, or dues paid to
11 trade associations.
12 SEC. 634. Not later than 45 days after the last day
13 of each quarter, each agency funded in this Act shall submit
14 to the Committees on Appropriations of the Senate and the
15 House of Representatives a quarterly budget report that in-
16 cludes total obligations of the Agency for that quarter for
17 each appropriation, by the source year of the appropriation.
18 SEC. 635. Of the unobligated balances available in the
19 Department of the Treasury, Treasury Forfeiture Fund, es-
20 tablished by section 9703 of title 31, United States Code,
21 $175,000,000 shall be permanently rescinded not later than
22 September 30, 2022.
23 SEC. 636. (a) DESIGNATION.—The Federal building
24 and courthouse located at 2005 University Boulevard in
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1 Tuscaloosa, Alabama, shall be known and designated as the
2 ‘‘Richard Shelby Federal Building and Courthouse’’.
3 (b) REFERENCES.—Any reference in a law, map, regu-
4 lation, document, paper, or other record of the United
5 States to the Federal building and courthouse referred to
6 in subsection (a) shall be deemed to be a reference to the
7 ‘‘Richard Shelby Federal Building and Courthouse’’.
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1 TITLE VII
2 GENERAL PROVISIONS—GOVERNMENT-WIDE
3 DEPARTMENTS, AGENCIES, AND CORPORATIONS
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 701. No department, agency, or instrumentality
6 of the United States receiving appropriated funds under
7 this or any other Act for fiscal year 2022 shall obligate or
8 expend any such funds, unless such department, agency, or
9 instrumentality has in place, and will continue to admin-
10 ister in good faith, a written policy designed to ensure that
11 all of its workplaces are free from the illegal use, possession,
12 or distribution of controlled substances (as defined in the
13 Controlled Substances Act (21 U.S.C. 802)) by the officers
14 and employees of such department, agency, or instrumen-
15 tality.
16 SEC. 702. Unless otherwise specifically provided, the
17 maximum amount allowable during the current fiscal year
18 in accordance with subsection 1343(c) of title 31, United
19 States Code, for the purchase of any passenger motor vehicle
20 (exclusive of buses, ambulances, law enforcement vehicles,
21 protective vehicles, and undercover surveillance vehicles), is
22 hereby fixed at $19,947 except station wagons for which the
23 maximum shall be $19,997: Provided, That these limits
24 may be exceeded by not to exceed $7,250 for police-type vehi-
25 cles: Provided further, That the limits set forth in this sec-
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1 tion may not be exceeded by more than 5 percent for electric
2 or hybrid vehicles purchased for demonstration under the
3 provisions of the Electric and Hybrid Vehicle Research, De-
4 velopment, and Demonstration Act of 1976: Provided fur-
5 ther, That the limits set forth in this section may be exceed-
6 ed by the incremental cost of clean alternative fuels vehicles
7 acquired pursuant to Public Law 101–549 over the cost of
8 comparable conventionally fueled vehicles: Provided further,
9 That the limits set forth in this section shall not apply to
10 any vehicle that is a commercial item and which operates
11 on alternative fuel, including but not limited to electric,
12 plug-in hybrid electric, and hydrogen fuel cell vehicles.
13 SEC. 703. Appropriations of the executive departments
14 and independent establishments for the current fiscal year
15 available for expenses of travel, or for the expenses of the
16 activity concerned, are hereby made available for quarters
17 allowances and cost-of-living allowances, in accordance
18 with 5 U.S.C. 5922–5924.
19 SEC. 704. Unless otherwise specified in law during the
20 current fiscal year, no part of any appropriation contained
21 in this or any other Act shall be used to pay the compensa-
22 tion of any officer or employee of the Government of the
23 United States (including any agency the majority of the
24 stock of which is owned by the Government of the United
25 States) whose post of duty is in the continental United
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1 States unless such person: (1) is a citizen of the United
2 States; (2) is a person who is lawfully admitted for perma-
3 nent residence and is seeking citizenship as outlined in 8
4 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as
5 a refugee under 8 U.S.C. 1157 or is granted asylum under
6 8 U.S.C. 1158 and has filed a declaration of intention to
7 become a lawful permanent resident and then a citizen
8 when eligible; or (4) is a person who owes allegiance to the
9 United States: Provided, That for purposes of this section,
10 affidavits signed by any such person shall be considered
11 prima facie evidence that the requirements of this section
12 with respect to his or her status are being complied with:
13 Provided further, That for purposes of subsections (2) and
14 (3) such affidavits shall be submitted prior to employment
15 and updated thereafter as necessary: Provided further, That
16 any person making a false affidavit shall be guilty of a
17 felony, and upon conviction, shall be fined no more than
18 $4,000 or imprisoned for not more than 1 year, or both:
19 Provided further, That the above penal clause shall be in
20 addition to, and not in substitution for, any other provi-
21 sions of existing law: Provided further, That any payment
22 made to any officer or employee contrary to the provisions
23 of this section shall be recoverable in action by the Federal
24 Government: Provided further, That this section shall not
25 apply to any person who is an officer or employee of the
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1 Government of the United States on the date of enactment
2 of this Act, or to international broadcasters employed by
3 the Broadcasting Board of Governors, or to temporary em-
4 ployment of translators, or to temporary employment in the
5 field service (not to exceed 60 days) as a result of emer-
6 gencies: Provided further, That this section does not apply
7 to the employment as Wildland firefighters for not more
8 than 120 days of nonresident aliens employed by the De-
9 partment of the Interior or the USDA Forest Service pursu-
10 ant to an agreement with another country.
11 SEC. 705. Appropriations available to any department
12 or agency during the current fiscal year for necessary ex-
13 penses, including maintenance or operating expenses, shall
14 also be available for payment to the General Services Ad-
15 ministration for charges for space and services and those
16 expenses of renovation and alteration of buildings and fa-
17 cilities which constitute public improvements performed in
18 accordance with the Public Buildings Act of 1959 (73 Stat.
19 479), the Public Buildings Amendments of 1972 (86 Stat.
20 216), or other applicable law.
21 SEC. 706. In addition to funds provided in this or any
22 other Act, all Federal agencies are authorized to receive and
23 use funds resulting from the sale of materials, including
24 Federal records disposed of pursuant to a records schedule
25 recovered through recycling or waste prevention programs.
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1 Such funds shall be available until expended for the fol-
2 lowing purposes:
3 (1) Acquisition, waste reduction and prevention,
4 and recycling programs as described in Executive
5 Order No. 13834 (May 17, 2018), including any such
6 programs adopted prior to the effective date of the Ex-
7 ecutive order.
8 (2) Other Federal agency environmental manage-
9 ment programs, including, but not limited to, the de-
10 velopment and implementation of hazardous waste
11 management and pollution prevention programs.
12 (3) Other employee programs as authorized by
13 law or as deemed appropriate by the head of the Fed-
14 eral agency.
15 SEC. 707. Funds made available by this or any other
16 Act for administrative expenses in the current fiscal year
17 of the corporations and agencies subject to chapter 91 of
18 title 31, United States Code, shall be available, in addition
19 to objects for which such funds are otherwise available, for
20 rent in the District of Columbia; services in accordance
21 with 5 U.S.C. 3109; and the objects specified under this
22 head, all the provisions of which shall be applicable to the
23 expenditure of such funds unless otherwise specified in the
24 Act by which they are made available: Provided, That in
25 the event any functions budgeted as administrative expenses
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1 are subsequently transferred to or paid from other funds,
2 the limitations on administrative expenses shall be cor-
3 respondingly reduced.
4 SEC. 708. No part of any appropriation contained in
5 this or any other Act shall be available for interagency fi-
6 nancing of boards (except Federal Executive Boards), com-
7 missions, councils, committees, or similar groups (whether
8 or not they are interagency entities) which do not have a
9 prior and specific statutory approval to receive financial
10 support from more than one agency or instrumentality.
11 SEC. 709. None of the funds made available pursuant
12 to the provisions of this or any other Act shall be used to
13 implement, administer, or enforce any regulation which has
14 been disapproved pursuant to a joint resolution duly adopt-
15 ed in accordance with the applicable law of the United
16 States.
17 SEC. 710. During the period in which the head of any
18 department or agency, or any other officer or civilian em-
19 ployee of the Federal Government appointed by the Presi-
20 dent of the United States, holds office, no funds may be obli-
21 gated or expended in excess of $5,000 to furnish or redeco-
22 rate the office of such department head, agency head, officer,
23 or employee, or to purchase furniture or make improve-
24 ments for any such office, unless advance notice of such fur-
25 nishing or redecoration is transmitted to the Committees
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1 on Appropriations of the House of Representatives and the
2 Senate. For the purposes of this section, the term ‘‘office’’
3 shall include the entire suite of offices assigned to the indi-
4 vidual, as well as any other space used primarily by the
5 individual or the use of which is directly controlled by the
6 individual.
7 SEC. 711. Notwithstanding 31 U.S.C. 1346, or section
8 708 of this Act, funds made available for the current fiscal
9 year by this or any other Act shall be available for the inter-
10 agency funding of national security and emergency pre-
11 paredness telecommunications initiatives which benefit
12 multiple Federal departments, agencies, or entities, as pro-
13 vided by Executive Order No. 13618 (July 6, 2012).
14 SEC. 712. (a) None of the funds made available by this
15 or any other Act may be obligated or expended by any de-
16 partment, agency, or other instrumentality of the Federal
17 Government to pay the salaries or expenses of any indi-
18 vidual appointed to a position of a confidential or policy-
19 determining character that is excepted from the competitive
20 service under section 3302 of title 5, United States Code,
21 (pursuant to schedule C of subpart C of part 213 of title
22 5 of the Code of Federal Regulations) unless the head of
23 the applicable department, agency, or other instrumentality
24 employing such schedule C individual certifies to the Direc-
25 tor of the Office of Personnel Management that the schedule
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1 C position occupied by the individual was not created solely
2 or primarily in order to detail the individual to the White
3 House.
4 (b) The provisions of this section shall not apply to
5 Federal employees or members of the armed forces detailed
6 to or from an element of the intelligence community (as
7 that term is defined under section 3(4) of the National Secu-
8 rity Act of 1947 (50 U.S.C. 3003(4))).
9 SEC. 713. No part of any appropriation contained in
10 this or any other Act shall be available for the payment
11 of the salary of any officer or employee of the Federal Gov-
12 ernment, who—
13 (1) prohibits or prevents, or attempts or threat-
14 ens to prohibit or prevent, any other officer or em-
15 ployee of the Federal Government from having any
16 direct oral or written communication or contact with
17 any Member, committee, or subcommittee of the Con-
18 gress in connection with any matter pertaining to the
19 employment of such other officer or employee or per-
20 taining to the department or agency of such other of-
21 ficer or employee in any way, irrespective of whether
22 such communication or contact is at the initiative of
23 such other officer or employee or in response to the re-
24 quest or inquiry of such Member, committee, or sub-
25 committee; or
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1 (2) removes, suspends from duty without pay,
2 demotes, reduces in rank, seniority, status, pay, or
3 performance or efficiency rating, denies promotion to,
4 relocates, reassigns, transfers, disciplines, or discrimi-
5 nates in regard to any employment right, entitlement,
6 or benefit, or any term or condition of employment of,
7 any other officer or employee of the Federal Govern-
8 ment, or attempts or threatens to commit any of the
9 foregoing actions with respect to such other officer or
10 employee, by reason of any communication or contact
11 of such other officer or employee with any Member,
12 committee, or subcommittee of the Congress as de-
13 scribed in paragraph (1).
14 SEC. 714. (a) None of the funds made available in this
15 or any other Act may be obligated or expended for any em-
16 ployee training that—
17 (1) does not meet identified needs for knowledge,
18 skills, and abilities bearing directly upon the perform-
19 ance of official duties;
20 (2) contains elements likely to induce high levels
21 of emotional response or psychological stress in some
22 participants;
23 (3) does not require prior employee notification
24 of the content and methods to be used in the training
25 and written end of course evaluation;
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1 (4) contains any methods or content associated
2 with religious or quasi-religious belief systems or
3 ‘‘new age’’ belief systems as defined in Equal Employ-
4 ment Opportunity Commission Notice N–915.022,
5 dated September 2, 1988; or
6 (5) is offensive to, or designed to change, partici-
7 pants’ personal values or lifestyle outside the work-
8 place.
9 (b) Nothing in this section shall prohibit, restrict, or
10 otherwise preclude an agency from conducting training
11 bearing directly upon the performance of official duties.
12 SEC. 715. No part of any funds appropriated in this
13 or any other Act shall be used by an agency of the executive
14 branch, other than for normal and recognized executive-leg-
15 islative relationships, for publicity or propaganda pur-
16 poses, and for the preparation, distribution or use of any
17 kit, pamphlet, booklet, publication, radio, television, or film
18 presentation designed to support or defeat legislation pend-
19 ing before the Congress, except in presentation to the Con-
20 gress itself.
21 SEC. 716. None of the funds appropriated by this or
22 any other Act may be used by an agency to provide a Fed-
23 eral employee’s home address to any labor organization ex-
24 cept when the employee has authorized such disclosure or
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1 when such disclosure has been ordered by a court of com-
2 petent jurisdiction.
3 SEC. 717. None of the funds made available in this
4 or any other Act may be used to provide any non-public
5 information such as mailing, telephone, or electronic mail-
6 ing lists to any person or any organization outside of the
7 Federal Government without the approval of the Commit-
8 tees on Appropriations of the House of Representatives and
9 the Senate.
10 SEC. 718. No part of any appropriation contained in
11 this or any other Act shall be used directly or indirectly,
12 including by private contractor, for publicity or propa-
13 ganda purposes within the United States not heretofore au-
14 thorized by Congress.
15 SEC. 719. (a) In this section, the term ‘‘agency’’—
16 (1) means an Executive agency, as defined under
17 5 U.S.C. 105; and
18 (2) includes a military department, as defined
19 under section 102 of such title, the United States
20 Postal Service, and the Postal Regulatory Commis-
21 sion.
22 (b) Unless authorized in accordance with law or regu-
23 lations to use such time for other purposes, an employee
24 of an agency shall use official time in an honest effort to
25 perform official duties. An employee not under a leave sys-
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1 tem, including a Presidential appointee exempted under 5
2 U.S.C. 6301(2), has an obligation to expend an honest effort
3 and a reasonable proportion of such employee’s time in the
4 performance of official duties.
5 SEC. 720. Notwithstanding 31 U.S.C. 1346 and section
6 708 of this Act, funds made available for the current fiscal
7 year by this or any other Act to any department or agency,
8 which is a member of the Federal Accounting Standards
9 Advisory Board (FASAB), shall be available to finance an
10 appropriate share of FASAB administrative costs.
11 SEC. 721. Notwithstanding 31 U.S.C. 1346 and section
12 708 of this Act, the head of each Executive department and
13 agency is hereby authorized to transfer to or reimburse
14 ‘‘General Services Administration, Government-wide Pol-
15 icy’’ with the approval of the Director of the Office of Man-
16 agement and Budget, funds made available for the current
17 fiscal year by this or any other Act, including rebates from
18 charge card and other contracts: Provided, That these funds
19 shall be administered by the Administrator of General Serv-
20 ices to support Government-wide and other multi-agency fi-
21 nancial, information technology, procurement, and other
22 management innovations, initiatives, and activities, in-
23 cluding improving coordination and reducing duplication,
24 as approved by the Director of the Office of Management
25 and Budget, in consultation with the appropriate inter-
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1 agency and multi-agency groups designated by the Director
2 (including the President’s Management Council for overall
3 management improvement initiatives, the Chief Financial
4 Officers Council for financial management initiatives, the
5 Chief Information Officers Council for information tech-
6 nology initiatives, the Chief Human Capital Officers Coun-
7 cil for human capital initiatives, the Chief Acquisition Offi-
8 cers Council for procurement initiatives, and the Perform-
9 ance Improvement Council for performance improvement
10 initiatives): Provided further, That the total funds trans-
11 ferred or reimbursed shall not exceed $15,000,000 to im-
12 prove coordination, reduce duplication, and for other ac-
13 tivities related to Federal Government Priority Goals estab-
14 lished by 31 U.S.C. 1120, and not to exceed $17,000,000
15 for Government-wide innovations, initiatives, and activi-
16 ties: Provided further, That the funds transferred to or for
17 reimbursement of ‘‘General Services Administration, Gov-
18 ernment-wide Policy’’ during fiscal year 2022 shall remain
19 available for obligation through September 30, 2023: Pro-
20 vided further, That such transfers or reimbursements may
21 only be made after 15 days following notification of the
22 Committees on Appropriations of the House of Representa-
23 tives and the Senate by the Director of the Office of Manage-
24 ment and Budget.
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1 SEC. 722. Notwithstanding any other provision of law,
2 a woman may breastfeed her child at any location in a
3 Federal building or on Federal property, if the woman and
4 her child are otherwise authorized to be present at the loca-
5 tion.
6 SEC. 723. Notwithstanding 31 U.S.C. 1346 , or section
7 708 of this Act, funds made available for the current fiscal
8 year by this or any other Act shall be available for the inter-
9 agency funding of specific projects, workshops, studies, and
10 similar efforts to carry out the purposes of the National
11 Science and Technology Council (authorized by Executive
12 Order No. 12881), which benefit multiple Federal depart-
13 ments, agencies, or entities: Provided, That the Office of
14 Management and Budget shall provide a report describing
15 the budget of and resources connected with the National
16 Science and Technology Council to the Committees on Ap-
17 propriations, the House Committee on Science, Space, and
18 Technology, and the Senate Committee on Commerce,
19 Science, and Transportation 90 days after enactment of this
20 Act.
21 SEC. 724. Any request for proposals, solicitation, grant
22 application, form, notification, press release, or other publi-
23 cations involving the distribution of Federal funds shall
24 comply with any relevant requirements in part 200 of title
25 2, Code of Federal Regulations: Provided, That this section
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1 shall apply to direct payments, formula funds, and grants
2 received by a State receiving Federal funds.
3 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY
4 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of
5 the funds made available in this or any other Act may be
6 used by any Federal agency—
7 (1) to collect, review, or create any aggregation
8 of data, derived from any means, that includes any
9 personally identifiable information relating to an in-
10 dividual’s access to or use of any Federal Government
11 Internet site of the agency; or
12 (2) to enter into any agreement with a third
13 party (including another government agency) to col-
14 lect, review, or obtain any aggregation of data, de-
15 rived from any means, that includes any personally
16 identifiable information relating to an individual’s
17 access to or use of any nongovernmental Internet site.
18 (b) EXCEPTIONS.—The limitations established in sub-
19 section (a) shall not apply to—
20 (1) any record of aggregate data that does not
21 identify particular persons;
22 (2) any voluntary submission of personally iden-
23 tifiable information;
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1 (3) any action taken for law enforcement, regu-
2 latory, or supervisory purposes, in accordance with
3 applicable law; or
4 (4) any action described in subsection (a)(1) that
5 is a system security action taken by the operator of
6 an Internet site and is necessarily incident to pro-
7 viding the Internet site services or to protecting the
8 rights or property of the provider of the Internet site.
9 (c) DEFINITIONS.—For the purposes of this section:
10 (1) The term ‘‘regulatory’’ means agency actions
11 to implement, interpret or enforce authorities pro-
12 vided in law.
13 (2) The term ‘‘supervisory’’ means examinations
14 of the agency’s supervised institutions, including as-
15 sessing safety and soundness, overall financial condi-
16 tion, management practices and policies and compli-
17 ance with applicable standards as provided in law.
18 SEC. 726. (a) None of the funds appropriated by this
19 Act may be used to enter into or renew a contract which
20 includes a provision providing prescription drug coverage,
21 except where the contract also includes a provision for con-
22 traceptive coverage.
23 (b) Nothing in this section shall apply to a contract
24 with—
25 (1) any of the following religious plans:
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1 (A) Personal Care’s HMO; and
2 (B) OSF HealthPlans, Inc.; and
3 (2) any existing or future plan, if the carrier for
4 the plan objects to such coverage on the basis of reli-
5 gious beliefs.
6 (c) In implementing this section, any plan that enters
7 into or renews a contract under this section may not subject
8 any individual to discrimination on the basis that the indi-
9 vidual refuses to prescribe or otherwise provide for contra-
10 ceptives because such activities would be contrary to the in-
11 dividual’s religious beliefs or moral convictions.
12 (d) Nothing in this section shall be construed to require
13 coverage of abortion or abortion-related services.
14 SEC. 727. The United States is committed to ensuring
15 the health of its Olympic, Pan American, and Paralympic
16 athletes, and supports the strict adherence to anti-doping
17 in sport through testing, adjudication, education, and re-
18 search as performed by nationally recognized oversight au-
19 thorities.
20 SEC. 728. Notwithstanding any other provision of law,
21 funds appropriated for official travel to Federal depart-
22 ments and agencies may be used by such departments and
23 agencies, if consistent with Office of Management and
24 Budget Circular A–126 regarding official travel for Govern-
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1 ment personnel, to participate in the fractional aircraft
2 ownership pilot program.
3 SEC. 729. Notwithstanding any other provision of law,
4 none of the funds appropriated or made available under
5 this or any other appropriations Act may be used to imple-
6 ment or enforce restrictions or limitations on the Coast
7 Guard Congressional Fellowship Program, or to implement
8 the proposed regulations of the Office of Personnel Manage-
9 ment to add sections 300.311 through 300.316 to part 300
10 of title 5 of the Code of Federal Regulations, published in
11 the Federal Register, volume 68, number 174, on September
12 9, 2003 (relating to the detail of executive branch employees
13 to the legislative branch).
14 SEC. 730. Notwithstanding any other provision of law,
15 no executive branch agency shall purchase, construct, or
16 lease any additional facilities, except within or contiguous
17 to existing locations, to be used for the purpose of con-
18 ducting Federal law enforcement training without the ad-
19 vance approval of the Committees on Appropriations of the
20 House of Representatives and the Senate, except that the
21 Federal Law Enforcement Training Centers is authorized
22 to obtain the temporary use of additional facilities by lease,
23 contract, or other agreement for training which cannot be
24 accommodated in existing Centers facilities.
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1 SEC. 731. Unless otherwise authorized by existing law,
2 none of the funds provided in this or any other Act may
3 be used by an executive branch agency to produce any pre-
4 packaged news story intended for broadcast or distribution
5 in the United States, unless the story includes a clear notifi-
6 cation within the text or audio of the prepackaged news
7 story that the prepackaged news story was prepared or
8 funded by that executive branch agency.
9 SEC. 732. None of the funds made available in this
10 Act may be used in contravention of section 552a of title
11 5, United States Code (popularly known as the Privacy
12 Act), and regulations implementing that section.
13 SEC. 733. (a) IN GENERAL.—None of the funds appro-
14 priated or otherwise made available by this or any other
15 Act may be used for any Federal Government contract with
16 any foreign incorporated entity which is treated as an in-
17 verted domestic corporation under section 835(b) of the
18 Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any
19 subsidiary of such an entity.
20 (b) WAIVERS.—
21 (1) IN GENERAL.—Any Secretary shall waive
22 subsection (a) with respect to any Federal Govern-
23 ment contract under the authority of such Secretary
24 if the Secretary determines that the waiver is required
25 in the interest of national security.
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1 (2) REPORT TO CONGRESS.—Any Secretary
2 issuing a waiver under paragraph (1) shall report
3 such issuance to Congress.
4 (c) EXCEPTION.—This section shall not apply to any
5 Federal Government contract entered into before the date
6 of the enactment of this Act, or to any task order issued
7 pursuant to such contract.
8 SEC. 734. During fiscal year 2022, for each employee
9 who—
10 (1) retires under section 8336(d)(2) or
11 8414(b)(1)(B) of title 5, United States Code; or
12 (2) retires under any other provision of sub-
13 chapter III of chapter 83 or chapter 84 of such title
14 5 and receives a payment as an incentive to separate,
15 the separating agency shall remit to the Civil Service
16 Retirement and Disability Fund an amount equal to
17 the Office of Personnel Management’s average unit
18 cost of processing a retirement claim for the preceding
19 fiscal year. Such amounts shall be available until ex-
20 pended to the Office of Personnel Management and
21 shall be deemed to be an administrative expense
22 under section 8348(a)(1)(B) of title 5, United States
23 Code.
24 SEC. 735. (a) None of the funds made available in this
25 or any other Act may be used to recommend or require any
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1 entity submitting an offer for a Federal contract to disclose
2 any of the following information as a condition of submit-
3 ting the offer:
4 (1) Any payment consisting of a contribution,
5 expenditure, independent expenditure, or disburse-
6 ment for an electioneering communication that is
7 made by the entity, its officers or directors, or any of
8 its affiliates or subsidiaries to a candidate for election
9 for Federal office or to a political committee, or that
10 is otherwise made with respect to any election for
11 Federal office.
12 (2) Any disbursement of funds (other than a
13 payment described in paragraph (1)) made by the en-
14 tity, its officers or directors, or any of its affiliates or
15 subsidiaries to any person with the intent or the rea-
16 sonable expectation that the person will use the funds
17 to make a payment described in paragraph (1).
18 (b) In this section, each of the terms ‘‘contribution’’,
19 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering
20 communication’’, ‘‘candidate’’, ‘‘election’’, and ‘‘Federal of-
21 fice’’ has the meaning given such term in the Federal Elec-
22 tion Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
23 SEC. 736. None of the funds made available in this
24 or any other Act may be used to pay for the painting of
25 a portrait of an officer or employee of the Federal Govern-
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1 ment, including the President, the Vice President, a member
2 of Congress (including a Delegate or a Resident Commis-
3 sioner to Congress), the head of an executive branch agency
4 (as defined in section 133 of title 41, United States Code),
5 or the head of an office of the legislative branch.
6 SEC. 737. (a)(1) Notwithstanding any other provision
7 of law, and except as otherwise provided in this section,
8 no part of any of the funds appropriated for fiscal year
9 2022, by this or any other Act, may be used to pay any
10 prevailing rate employee described in section 5342(a)(2)(A)
11 of title 5, United States Code—
12 (A) during the period from the date of expiration
13 of the limitation imposed by the comparable section
14 for the previous fiscal years until the normal effective
15 date of the applicable wage survey adjustment that is
16 to take effect in fiscal year 2022, in an amount that
17 exceeds the rate payable for the applicable grade and
18 step of the applicable wage schedule in accordance
19 with such section; and
20 (B) during the period consisting of the remain-
21 der of fiscal year 2022, in an amount that exceeds,
22 as a result of a wage survey adjustment, the rate pay-
23 able under subparagraph (A) by more than the sum
24 of—
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1 (i) the percentage adjustment taking effect
2 in fiscal year 2022 under section 5303 of title 5,
3 United States Code, in the rates of pay under the
4 General Schedule; and
5 (ii) the difference between the overall aver-
6 age percentage of the locality-based com-
7 parability payments taking effect in fiscal year
8 2022 under section 5304 of such title (whether by
9 adjustment or otherwise), and the overall average
10 percentage of such payments which was effective
11 in the previous fiscal year under such section.
12 (2) Notwithstanding any other provision of law, no
13 prevailing rate employee described in subparagraph (B) or
14 (C) of section 5342(a)(2) of title 5, United States Code, and
15 no employee covered by section 5348 of such title, may be
16 paid during the periods for which paragraph (1) is in effect
17 at a rate that exceeds the rates that would be payable under
18 paragraph (1) were paragraph (1) applicable to such em-
19 ployee.
20 (3) For the purposes of this subsection, the rates pay-
21 able to an employee who is covered by this subsection and
22 who is paid from a schedule not in existence on September
23 30, 2021, shall be determined under regulations prescribed
24 by the Office of Personnel Management.
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1 (4) Notwithstanding any other provision of law, rates
2 of premium pay for employees subject to this subsection
3 may not be changed from the rates in effect on September
4 30, 2021, except to the extent determined by the Office of
5 Personnel Management to be consistent with the purpose of
6 this subsection.
7 (5) This subsection shall apply with respect to pay for
8 service performed after September 30, 2021.
9 (6) For the purpose of administering any provision
10 of law (including any rule or regulation that provides pre-
11 mium pay, retirement, life insurance, or any other em-
12 ployee benefit) that requires any deduction or contribution,
13 or that imposes any requirement or limitation on the basis
14 of a rate of salary or basic pay, the rate of salary or basic
15 pay payable after the application of this subsection shall
16 be treated as the rate of salary or basic pay.
17 (7) Nothing in this subsection shall be considered to
18 permit or require the payment to any employee covered by
19 this subsection at a rate in excess of the rate that would
20 be payable were this subsection not in effect.
21 (8) The Office of Personnel Management may provide
22 for exceptions to the limitations imposed by this subsection
23 if the Office determines that such exceptions are necessary
24 to ensure the recruitment or retention of qualified employ-
25 ees.
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1 (b) Notwithstanding subsection (a), the adjustment in
2 rates of basic pay for the statutory pay systems that take
3 place in fiscal year 2022 under sections 5344 and 5348 of
4 title 5, United States Code, shall be—
5 (1) not less than the percentage received by em-
6 ployees in the same location whose rates of basic pay
7 are adjusted pursuant to the statutory pay systems
8 under sections 5303 and 5304 of title 5, United States
9 Code: Provided, That prevailing rate employees at lo-
10 cations where there are no employees whose pay is in-
11 creased pursuant to sections 5303 and 5304 of title 5,
12 United States Code, and prevailing rate employees de-
13 scribed in section 5343(a)(5) of title 5, United States
14 Code, shall be considered to be located in the pay lo-
15 cality designated as ‘‘Rest of United States’’ pursuant
16 to section 5304 of title 5, United States Code, for pur-
17 poses of this subsection; and
18 (2) effective as of the first day of the first appli-
19 cable pay period beginning after September 30, 2021.
20 SEC. 738. (a) The head of any Executive branch de-
21 partment, agency, board, commission, or office funded by
22 this or any other appropriations Act shall submit annual
23 reports to the Inspector General or senior ethics official for
24 any entity without an Inspector General, regarding the
25 costs and contracting procedures related to each conference
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1 held by any such department, agency, board, commission,
2 or office during fiscal year 2022 for which the cost to the
3 United States Government was more than $100,000.
4 (b) Each report submitted shall include, for each con-
5 ference described in subsection (a) held during the applica-
6 ble period—
7 (1) a description of its purpose;
8 (2) the number of participants attending;
9 (3) a detailed statement of the costs to the United
10 States Government, including—
11 (A) the cost of any food or beverages;
12 (B) the cost of any audio-visual services;
13 (C) the cost of employee or contractor travel
14 to and from the conference; and
15 (D) a discussion of the methodology used to
16 determine which costs relate to the conference;
17 and
18 (4) a description of the contracting procedures
19 used including—
20 (A) whether contracts were awarded on a
21 competitive basis; and
22 (B) a discussion of any cost comparison
23 conducted by the departmental component or of-
24 fice in evaluating potential contractors for the
25 conference.
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1 (c) Within 15 days after the end of a quarter, the head
2 of any such department, agency, board, commission, or of-
3 fice shall notify the Inspector General or senior ethics offi-
4 cial for any entity without an Inspector General, of the
5 date, location, and number of employees attending a con-
6 ference held by any Executive branch department, agency,
7 board, commission, or office funded by this or any other
8 appropriations Act during fiscal year 2022 for which the
9 cost to the United States Government was more than
10 $20,000.
11 (d) A grant or contract funded by amounts appro-
12 priated by this or any other appropriations Act may not
13 be used for the purpose of defraying the costs of a conference
14 described in subsection (c) that is not directly and program-
15 matically related to the purpose for which the grant or con-
16 tract was awarded, such as a conference held in connection
17 with planning, training, assessment, review, or other rou-
18 tine purposes related to a project funded by the grant or
19 contract.
20 (e) None of the funds made available in this or any
21 other appropriations Act may be used for travel and con-
22 ference activities that are not in compliance with Office of
23 Management and Budget Memorandum M–12–12 dated
24 May 11, 2012 or any subsequent revisions to that memo-
25 randum.
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1 SEC. 739. None of the funds made available in this
2 or any other appropriations Act may be used to increase,
3 eliminate, or reduce funding for a program, project, or ac-
4 tivity as proposed in the President’s budget request for a
5 fiscal year until such proposed change is subsequently en-
6 acted in an appropriation Act, or unless such change is
7 made pursuant to the reprogramming or transfer provisions
8 of this or any other appropriations Act.
9 SEC. 740. None of the funds made available by this
10 or any other Act may be used to implement, administer,
11 enforce, or apply the rule entitled ‘‘Competitive Area’’ pub-
12 lished by the Office of Personnel Management in the Federal
13 Register on April 15, 2008 (73 Fed. Reg. 20180 et seq.).
14 SEC. 741. None of the funds appropriated or otherwise
15 made available by this or any other Act may be used to
16 begin or announce a study or public-private competition
17 regarding the conversion to contractor performance of any
18 function performed by Federal employees pursuant to Office
19 of Management and Budget Circular A–76 or any other ad-
20 ministrative regulation, directive, or policy.
21 SEC. 742. (a) None of the funds appropriated or other-
22 wise made available by this or any other Act may be avail-
23 able for a contract, grant, or cooperative agreement with
24 an entity that requires employees or contractors of such en-
25 tity seeking to report fraud, waste, or abuse to sign internal
•HR 2471 EAH
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1 confidentiality agreements or statements prohibiting or oth-
2 erwise restricting such employees or contractors from law-
3 fully reporting such waste, fraud, or abuse to a designated
4 investigative or law enforcement representative of a Federal
5 department or agency authorized to receive such informa-
6 tion.
7 (b) The limitation in subsection (a) shall not con-
8 travene requirements applicable to Standard Form 312,
9 Form 4414, or any other form issued by a Federal depart-
10 ment or agency governing the nondisclosure of classified in-
11 formation.
12 SEC. 743. (a) No funds appropriated in this or any
13 other Act may be used to implement or enforce the agree-
14 ments in Standard Forms 312 and 4414 of the Government
15 or any other nondisclosure policy, form, or agreement if
16 such policy, form, or agreement does not contain the fol-
17 lowing provisions: ‘‘These provisions are consistent with
18 and do not supersede, conflict with, or otherwise alter the
19 employee obligations, rights, or liabilities created by exist-
20 ing statute or Executive order relating to (1) classified in-
21 formation, (2) communications to Congress, (3) the report-
22 ing to an Inspector General or the Office of Special Counsel
23 of a violation of any law, rule, or regulation, or mis-
24 management, a gross waste of funds, an abuse of authority,
25 or a substantial and specific danger to public health or safe-
•HR 2471 EAH
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1 ty, or (4) any other whistleblower protection. The defini-
2 tions, requirements, obligations, rights, sanctions, and li-
3 abilities created by controlling Executive orders and statu-
4 tory provisions are incorporated into this agreement and
5 are controlling.’’: Provided, That notwithstanding the pre-
6 ceding provision of this section, a nondisclosure policy form
7 or agreement that is to be executed by a person connected
8 with the conduct of an intelligence or intelligence-related
9 activity, other than an employee or officer of the United
10 States Government, may contain provisions appropriate to
11 the particular activity for which such document is to be
12 used. Such form or agreement shall, at a minimum, require
13 that the person will not disclose any classified information
14 received in the course of such activity unless specifically au-
15 thorized to do so by the United States Government. Such
16 nondisclosure forms shall also make it clear that they do
17 not bar disclosures to Congress, or to an authorized official
18 of an executive agency or the Department of Justice, that
19 are essential to reporting a substantial violation of law.
20 (b) A nondisclosure agreement may continue to be im-
21 plemented and enforced notwithstanding subsection (a) if
22 it complies with the requirements for such agreement that
23 were in effect when the agreement was entered into.
24 (c) No funds appropriated in this or any other Act
25 may be used to implement or enforce any agreement entered
•HR 2471 EAH
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1 into during fiscal year 2014 which does not contain sub-
2 stantially similar language to that required in subsection
3 (a).
4 SEC. 744. None of the funds made available by this
5 or any other Act may be used to enter into a contract,
6 memorandum of understanding, or cooperative agreement
7 with, make a grant to, or provide a loan or loan guarantee
8 to, any corporation that has any unpaid Federal tax liabil-
9 ity that has been assessed, for which all judicial and admin-
10 istrative remedies have been exhausted or have lapsed, and
11 that is not being paid in a timely manner pursuant to an
12 agreement with the authority responsible for collecting the
13 tax liability, where the awarding agency is aware of the
14 unpaid tax liability, unless a Federal agency has considered
15 suspension or debarment of the corporation and has made
16 a determination that this further action is not necessary
17 to protect the interests of the Government.
18 SEC. 745. None of the funds made available by this
19 or any other Act may be used to enter into a contract,
20 memorandum of understanding, or cooperative agreement
21 with, make a grant to, or provide a loan or loan guarantee
22 to, any corporation that was convicted of a felony criminal
23 violation under any Federal law within the preceding 24
24 months, where the awarding agency is aware of the convic-
25 tion, unless a Federal agency has considered suspension or
•HR 2471 EAH
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1 debarment of the corporation and has made a determina-
2 tion that this further action is not necessary to protect the
3 interests of the Government.
4 SEC. 746. (a) During fiscal year 2022, on the date on
5 which a request is made for a transfer of funds in accord-
6 ance with section 1017 of Public Law 111–203, the Bureau
7 of Consumer Financial Protection shall notify the Commit-
8 tees on Appropriations of the House of Representatives and
9 the Senate, the Committee on Financial Services of the
10 House of Representatives, and the Committee on Banking,
11 Housing, and Urban Affairs of the Senate of such request.
12 (b) Any notification required by this section shall be
13 made available on the Bureau’s public website.
14 SEC. 747. (a) Notwithstanding any official rate ad-
15 justed under section 104 of title 3, United States Code, the
16 rate payable to the Vice President during calendar year
17 2022 shall be the rate payable to the Vice President on De-
18 cember 31, 2021, by operation of section 748 of division
19 E of Public Law 116–260.
20 (b) Notwithstanding any official rate adjusted under
21 section 5318 of title 5, United States Code, or any other
22 provision of law, the payable rate during calendar year
23 2022 for an employee serving in an Executive Schedule po-
24 sition, or in a position for which the rate of pay is fixed
25 by statute at an Executive Schedule rate, shall be the rate
•HR 2471 EAH
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1 payable for the applicable Executive Schedule level on De-
2 cember 31, 2021, by operation of section 748 of division
3 E of Public Law 116–260. Such an employee may not re-
4 ceive a rate increase during calendar year 2022, except as
5 provided in subsection (i).
6 (c) Notwithstanding section 401 of the Foreign Service
7 Act of 1980 (Public Law 96–465) or any other provision
8 of law, a chief of mission or ambassador at large is subject
9 to subsection (b) in the same manner as other employees
10 who are paid at an Executive Schedule rate.
11 (d)(1) This subsection applies to—
12 (A) a noncareer appointee in the Senior Execu-
13 tive Service paid a rate of basic pay at or above the
14 official rate for level IV of the Executive Schedule; or
15 (B) a limited term appointee or limited emer-
16 gency appointee in the Senior Executive Service serv-
17 ing under a political appointment and paid a rate of
18 basic pay at or above the official rate for level IV of
19 the Executive Schedule.
20 (2) Notwithstanding sections 5382 and 5383 of title
21 5, United States Code, an employee described in paragraph
22 (1) may not receive a pay rate increase during calendar
23 year 2022, except as provided in subsection (i).
24 (e) Notwithstanding any other provision of law, any
25 employee paid a rate of basic pay (including any locality-
•HR 2471 EAH
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1 based payments under section 5304 of title 5, United States
2 Code, or similar authority) at or above the official rate for
3 level IV of the Executive Schedule who serves under a polit-
4 ical appointment may not receive a pay rate increase dur-
5 ing calendar year 2022, except as provided in subsection
6 (i). This subsection does not apply to employees in the Gen-
7 eral Schedule pay system or the Foreign Service pay sys-
8 tem, to employees appointed under section 3161 of title 5,
9 United States Code, or to employees in another pay system
10 whose position would be classified at GS–15 or below if
11 chapter 51 of title 5, United States Code, applied to them.
12 (f) Nothing in subsections (b) through (e) shall prevent
13 employees who do not serve under a political appointment
14 from receiving pay increases as otherwise provided under
15 applicable law.
16 (g) This section does not apply to an individual who
17 makes an election to retain Senior Executive Service basic
18 pay under section 3392(c) of title 5, United States Code,
19 for such time as that election is in effect.
20 (h) This section does not apply to an individual who
21 makes an election to retain Senior Foreign Service pay en-
22 titlements under section 302(b) of the Foreign Service Act
23 of 1980 (Public Law 96–465) for such time as that election
24 is in effect.
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1 (i) Notwithstanding subsections (b) through (e), an em-
2 ployee in a covered position may receive a pay rate increase
3 upon an authorized movement to a different covered posi-
4 tion only if that new position has higher-level duties and
5 a pre-established level or range of pay higher than the level
6 or range for the position held immediately before the move-
7 ment. Any such increase must be based on the rates of pay
8 and applicable limitations on payable rates of pay in effect
9 on December 31, 2021, by operation of section 748 of divi-
10 sion E of Public Law 116–260.
11 (j) Notwithstanding any other provision of law, for an
12 individual who is newly appointed to a covered position
13 during the period of time subject to this section, the initial
14 pay rate shall be based on the rates of pay and applicable
15 limitations on payable rates of pay in effect on December
16 31, 2021, by operation of section 748 of division E of Public
17 Law 116–260.
18 (k) If an employee affected by this section is subject
19 to a biweekly pay period that begins in calendar year 2022
20 but ends in calendar year 2023, the bar on the employee’s
21 receipt of pay rate increases shall apply through the end
22 of that pay period.
23 (l) For the purpose of this section, the term ‘‘covered
24 position’’ means a position occupied by an employee whose
25 pay is restricted under this section.
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1 (m) This section takes effect on the first day of the first
2 applicable pay period beginning on or after January 1,
3 2022.
4 SEC. 748. (a) Each department or agency of the execu-
5 tive branch of the United States Government shall notify
6 the Committees on Appropriations and the Budget of the
7 House of Representatives and the Senate and any other ap-
8 propriate congressional committees if—
9 (1) an apportionment is not made in the re-
10 quired time period provided in section 1513(b) of title
11 31, United States Code;
12 (2) an approved apportionment received by the
13 department or agency conditions the availability of
14 an appropriation on further action; or
15 (3) an approved apportionment received by the
16 department or agency may hinder the prudent obliga-
17 tion of such appropriation or the execution of a pro-
18 gram, project, or activity by such department or
19 agency.
20 (b) Any notification submitted to a congressional com-
21 mittee pursuant to this section shall contain information
22 identifying the bureau, account name, appropriation name,
23 and Treasury Appropriation Fund Symbol or fund ac-
24 count.
•HR 2471 EAH
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1 SEC. 749. (a) Any non-Federal entity receiving funds
2 provided in this or any other appropriations Act for fiscal
3 year 2022 that are specified in the disclosure table sub-
4 mitted in compliance with clause 9 of rule XXI of the Rules
5 of the House of Representatives or Rule XLIV of the Stand-
6 ing Rules of the Senate that is included in the report or
7 explanatory statement accompanying any such Act shall be
8 deemed to be a recipient of a Federal award with respect
9 to such funds for purposes of the requirements of 2 C.F.R.
10 200.334, regarding records retention, and 2 C.F.R. 200.337,
11 regarding access by the Comptroller General of the United
12 States.
13 (b) Nothing in this section shall be construed to limit,
14 amend, supersede, or restrict in any manner any require-
15 ments otherwise applicable to non-Federal entities described
16 in paragraph (1) or any existing authority of the Comp-
17 troller General.
18 SEC. 750. Section 15010(a)(6) of division B of the
19 Coronavirus Aid, Relief, and Economic Security Act (Pub-
20 lic Law 116–136) is amended—
21 (1) in subparagraph (D), by striking ‘‘or’’;
22 (2) in subparagraph (E), by striking ‘‘; and’’
23 and inserting ‘‘; or’’; and
24 (3) by inserting after subparagraph (E), the fol-
25 lowing:
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1 ‘‘(F) the American Rescue Plan Act of 2021
2 (Public Law 117–2); and’’.
3 SEC. 751. Notwithstanding section 1346 of title 31,
4 United States Code, or section 708 of this Act, funds made
5 available by this or any other Act to any Federal agency
6 may be used by that Federal agency for interagency funding
7 for coordination with, participation in, or recommenda-
8 tions involving, activities of the U.S. Army Medical Re-
9 search and Development Command, the Congressionally Di-
10 rected Medical Research Programs and the National Insti-
11 tutes of Health research programs.
12 SEC. 752. Except as expressly provided otherwise, any
13 reference to ‘‘this Act’’ contained in any title other than
14 title IV or VIII shall not apply to such title IV or VIII.
•HR 2471 EAH
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1 TITLE VIII
2 GENERAL PROVISIONS—DISTRICT OF COLUMBIA
3 (INCLUDING TRANSFERS OF FUNDS)
4 SEC. 801. There are appropriated from the applicable
5 funds of the District of Columbia such sums as may be nec-
6 essary for making refunds and for the payment of legal set-
7 tlements or judgments that have been entered against the
8 District of Columbia government.
9 SEC. 802. None of the Federal funds provided in this
10 Act shall be used for publicity or propaganda purposes or
11 implementation of any policy including boycott designed to
12 support or defeat legislation pending before Congress or any
13 State legislature.
14 SEC. 803. (a) None of the Federal funds provided
15 under this Act to the agencies funded by this Act, both Fed-
16 eral and District government agencies, that remain avail-
17 able for obligation or expenditure in fiscal year 2022, or
18 provided from any accounts in the Treasury of the United
19 States derived by the collection of fees available to the agen-
20 cies funded by this Act, shall be available for obligation or
21 expenditures for an agency through a reprogramming of
22 funds which—
23 (1) creates new programs;
24 (2) eliminates a program, project, or responsi-
25 bility center;
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1 (3) establishes or changes allocations specifically
2 denied, limited or increased under this Act;
3 (4) increases funds or personnel by any means
4 for any program, project, or responsibility center for
5 which funds have been denied or restricted;
6 (5) re-establishes any program or project pre-
7 viously deferred through reprogramming;
8 (6) augments any existing program, project, or
9 responsibility center through a reprogramming of
10 funds in excess of $3,000,000 or 10 percent, whichever
11 is less; or
12 (7) increases by 20 percent or more personnel as-
13 signed to a specific program, project or responsibility
14 center, unless prior approval is received from the
15 Committees on Appropriations of the House of Rep-
16 resentatives and the Senate.
17 (b) The District of Columbia government is authorized
18 to approve and execute reprogramming and transfer re-
19 quests of local funds under this title through November 7,
20 2022.
21 SEC. 804. None of the Federal funds provided in this
22 Act may be used by the District of Columbia to provide
23 for salaries, expenses, or other costs associated with the of-
24 fices of United States Senator or United States Representa-
25 tive under section 4(d) of the District of Columbia State-
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1 hood Constitutional Convention Initiatives of 1979 (D.C.
2 Law 3–171; D.C. Official Code, sec. 1–123).
3 SEC. 805. Except as otherwise provided in this section,
4 none of the funds made available by this Act or by any
5 other Act may be used to provide any officer or employee
6 of the District of Columbia with an official vehicle unless
7 the officer or employee uses the vehicle only in the perform-
8 ance of the officer’s or employee’s official duties. For pur-
9 poses of this section, the term ‘‘official duties’’ does not in-
10 clude travel between the officer’s or employee’s residence and
11 workplace, except in the case of—
12 (1) an officer or employee of the Metropolitan
13 Police Department who resides in the District of Co-
14 lumbia or is otherwise designated by the Chief of the
15 Department;
16 (2) at the discretion of the Fire Chief, an officer
17 or employee of the District of Columbia Fire and
18 Emergency Medical Services Department who resides
19 in the District of Columbia and is on call 24 hours
20 a day;
21 (3) at the discretion of the Director of the De-
22 partment of Corrections, an officer or employee of the
23 District of Columbia Department of Corrections who
24 resides in the District of Columbia and is on call 24
25 hours a day;
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1 (4) at the discretion of the Chief Medical Exam-
2 iner, an officer or employee of the Office of the Chief
3 Medical Examiner who resides in the District of Co-
4 lumbia and is on call 24 hours a day;
5 (5) at the discretion of the Director of the Home-
6 land Security and Emergency Management Agency,
7 an officer or employee of the Homeland Security and
8 Emergency Management Agency who resides in the
9 District of Columbia and is on call 24 hours a day;
10 (6) the Mayor of the District of Columbia; and
11 (7) the Chairman of the Council of the District
12 of Columbia.
13 SEC. 806. (a) None of the Federal funds contained in
14 this Act may be used by the District of Columbia Attorney
15 General or any other officer or entity of the District govern-
16 ment to provide assistance for any petition drive or civil
17 action which seeks to require Congress to provide for voting
18 representation in Congress for the District of Columbia.
19 (b) Nothing in this section bars the District of Colum-
20 bia Attorney General from reviewing or commenting on
21 briefs in private lawsuits, or from consulting with officials
22 of the District government regarding such lawsuits.
23 SEC. 807. None of the Federal funds contained in this
24 Act may be used to distribute any needle or syringe for the
25 purpose of preventing the spread of blood borne pathogens
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1 in any location that has been determined by the local public
2 health or local law enforcement authorities to be inappro-
3 priate for such distribution.
4 SEC. 808. Nothing in this Act may be construed to pre-
5 vent the Council or Mayor of the District of Columbia from
6 addressing the issue of the provision of contraceptive cov-
7 erage by health insurance plans, but it is the intent of Con-
8 gress that any legislation enacted on such issue should in-
9 clude a ‘‘conscience clause’’ which provides exceptions for
10 religious beliefs and moral convictions.
11 SEC. 809. (a) None of the Federal funds contained in
12 this Act may be used to enact or carry out any law, rule,
13 or regulation to legalize or otherwise reduce penalties asso-
14 ciated with the possession, use, or distribution of any sched-
15 ule I substance under the Controlled Substances Act (21
16 U.S.C. 801 et seq.) or any tetrahydrocannabinols deriva-
17 tive.
18 (b) No funds available for obligation or expenditure
19 by the District of Columbia government under any author-
20 ity may be used to enact any law, rule, or regulation to
21 legalize or otherwise reduce penalties associated with the
22 possession, use, or distribution of any schedule I substance
23 under the Controlled Substances Act (21 U.S.C. 801 et seq.)
24 or any tetrahydrocannabinols derivative for recreational
25 purposes.
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1 SEC. 810. No funds available for obligation or expendi-
2 ture by the District of Columbia government under any au-
3 thority shall be expended for any abortion except where the
4 life of the mother would be endangered if the fetus were car-
5 ried to term or where the pregnancy is the result of an act
6 of rape or incest.
7 SEC. 811. (a) No later than 30 calendar days after
8 the date of the enactment of this Act, the Chief Financial
9 Officer for the District of Columbia shall submit to the ap-
10 propriate committees of Congress, the Mayor, and the Coun-
11 cil of the District of Columbia, a revised appropriated funds
12 operating budget in the format of the budget that the Dis-
13 trict of Columbia government submitted pursuant to section
14 442 of the District of Columbia Home Rule Act (D.C. Offi-
15 cial Code, sec. 1–204.42), for all agencies of the District of
16 Columbia government for fiscal year 2022 that is in the
17 total amount of the approved appropriation and that re-
18 aligns all budgeted data for personal services and other-
19 than-personal services, respectively, with anticipated actual
20 expenditures.
21 (b) This section shall apply only to an agency for
22 which the Chief Financial Officer for the District of Colum-
23 bia certifies that a reallocation is required to address unan-
24 ticipated changes in program requirements.
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1 SEC. 812. No later than 30 calendar days after the
2 date of the enactment of this Act, the Chief Financial Offi-
3 cer for the District of Columbia shall submit to the appro-
4 priate committees of Congress, the Mayor, and the Council
5 for the District of Columbia, a revised appropriated funds
6 operating budget for the District of Columbia Public
7 Schools that aligns schools budgets to actual enrollment. The
8 revised appropriated funds budget shall be in the format
9 of the budget that the District of Columbia government sub-
10 mitted pursuant to section 442 of the District of Columbia
11 Home Rule Act (D.C. Official Code, sec. 1–204.42).
12 SEC. 813. (a) Amounts appropriated in this Act as
13 operating funds may be transferred to the District of Co-
14 lumbia’s enterprise and capital funds and such amounts,
15 once transferred, shall retain appropriation authority con-
16 sistent with the provisions of this Act.
17 (b) The District of Columbia government is authorized
18 to reprogram or transfer for operating expenses any local
19 funds transferred or reprogrammed in this or the four prior
20 fiscal years from operating funds to capital funds, and such
21 amounts, once transferred or reprogrammed, shall retain
22 appropriation authority consistent with the provisions of
23 this Act.
24 (c) The District of Columbia government may not
25 transfer or reprogram for operating expenses any funds de-
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1 rived from bonds, notes, or other obligations issued for cap-
2 ital projects.
3 SEC. 814. None of the Federal funds appropriated in
4 this Act shall remain available for obligation beyond the
5 current fiscal year, nor may any be transferred to other
6 appropriations, unless expressly so provided herein.
7 SEC. 815. Except as otherwise specifically provided by
8 law or under this Act, not to exceed 50 percent of unobli-
9 gated balances remaining available at the end of fiscal year
10 2022 from appropriations of Federal funds made available
11 for salaries and expenses for fiscal year 2022 in this Act,
12 shall remain available through September 30, 2023, for each
13 such account for the purposes authorized: Provided, That
14 a request shall be submitted to the Committees on Appro-
15 priations of the House of Representatives and the Senate
16 for approval prior to the expenditure of such funds: Pro-
17 vided further, That these requests shall be made in compli-
18 ance with reprogramming guidelines outlined in section
19 803 of this Act.
20 SEC. 816. (a)(1) During fiscal year 2023, during a
21 period in which neither a District of Columbia continuing
22 resolution or a regular District of Columbia appropriation
23 bill is in effect, local funds are appropriated in the amount
24 provided for any project or activity for which local funds
25 are provided in the Act referred to in paragraph (2) (subject
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1 to any modifications enacted by the District of Columbia
2 as of the beginning of the period during which this sub-
3 section is in effect) at the rate set forth by such Act.
4 (2) The Act referred to in this paragraph is the Act
5 of the Council of the District of Columbia pursuant to which
6 a proposed budget is approved for fiscal year 2023 which
7 (subject to the requirements of the District of Columbia
8 Home Rule Act) will constitute the local portion of the an-
9 nual budget for the District of Columbia government for
10 fiscal year 2023 for purposes of section 446 of the District
11 of Columbia Home Rule Act (sec. 1–204.46, D.C. Official
12 Code).
13 (b) Appropriations made by subsection (a) shall cease
14 to be available—
15 (1) during any period in which a District of Co-
16 lumbia continuing resolution for fiscal year 2023 is
17 in effect; or
18 (2) upon the enactment into law of the regular
19 District of Columbia appropriation bill for fiscal year
20 2023.
21 (c) An appropriation made by subsection (a) is pro-
22 vided under the authority and conditions as provided under
23 this Act and shall be available to the extent and in the man-
24 ner that would be provided by this Act.
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1 (d) An appropriation made by subsection (a) shall
2 cover all obligations or expenditures incurred for such
3 project or activity during the portion of fiscal year 2023
4 for which this section applies to such project or activity.
5 (e) This section shall not apply to a project or activity
6 during any period of fiscal year 2023 if any other provision
7 of law (other than an authorization of appropriations)—
8 (1) makes an appropriation, makes funds avail-
9 able, or grants authority for such project or activity
10 to continue for such period; or
11 (2) specifically provides that no appropriation
12 shall be made, no funds shall be made available, or
13 no authority shall be granted for such project or ac-
14 tivity to continue for such period.
15 (f) Nothing in this section shall be construed to affect
16 obligations of the government of the District of Columbia
17 mandated by other law.
18 SEC. 817. (a) Section 244 of the Revised Statutes of
19 the United States relating to the District of Columbia (sec.
20 9–1201.03, D.C. Official Code) does not apply with respect
21 to any railroads installed pursuant to the Long Bridge
22 Project.
23 (b) In this section, the term ‘‘Long Bridge Project’’
24 means the project carried out by the District of Columbia
25 and the Commonwealth of Virginia to construct a new Long
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1 Bridge adjacent to the existing Long Bridge over the Poto-
2 mac River, including related infrastructure and other re-
3 lated projects, to expand commuter and regional passenger
4 rail service and to provide bike and pedestrian access cross-
5 ings over the Potomac River.
6 SEC. 818. Not later than 45 days after the last day
7 of each quarter, each Federal and District government agen-
8 cy appropriated Federal funds in this Act shall submit to
9 the Committees on Appropriations of the House of Rep-
10 resentatives and the Senate a quarterly budget report that
11 includes total obligations of the Agency for that quarter for
12 each Federal funds appropriation provided in this Act, by
13 the source year of the appropriation.
14 SEC. 819. Except as expressly provided otherwise, any
15 reference to ‘‘this Act’’ contained in this title or in title
16 IV shall be treated as referring only to the provisions of
17 this title or of title IV.
18 This division may be cited as the ‘‘Financial Services
19 and General Government Appropriations Act, 2022’’.
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1 DIVISION F—DEPARTMENT OF HOMELAND
2 SECURITY APPROPRIATIONS ACT, 2022
3 TITLE I
4 DEPARTMENTAL MANAGEMENT, OPERATIONS,
5 INTELLIGENCE, AND OVERSIGHT
6 OFFICE OF THE SECRETARY AND EXECUTIVE
7 MANAGEMENT
8 OPERATIONS AND SUPPORT
9 For necessary expenses of the Office of the Secretary
10 and for executive management for operations and support,
11 $236,053,000; of which $23,204,000 shall be for the Office
12 of the Ombudsman for Immigration Detention, of which
13 $5,000,000 shall remain available until September 30,
14 2023: Provided, That not to exceed $30,000 shall be for offi-
15 cial reception and representation expenses: Provided fur-
16 ther, That $5,000,000 shall be withheld from obligation
17 until the Secretary submits, to the Committees on Appro-
18 priations of the Senate and the House of Representatives,
19 responses to all questions for the record for each hearing
20 on the fiscal year 2023 budget submission for the Depart-
21 ment of Homeland Security held by such Committees prior
22 to July 1.
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1 FEDERAL ASSISTANCE
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses of the Office of the Secretary
4 and for executive management for Federal assistance
5 through grants, contracts, cooperative agreements, and other
6 activities, $35,000,000, which shall be transferred to ‘‘Fed-
7 eral Emergency Management Agency—Federal Assistance’’,
8 of which $20,000,000 shall be for targeted violence and ter-
9 rorism prevention grants and of which $15,000,000 shall
10 be for an Alternatives to Detention Case Management pilot
11 program, to remain available until September 30, 2023:
12 Provided, That the amounts made available for the pilot
13 program shall be awarded as described in the first proviso
14 under this heading in title I of division F of Public Law
15 116–260 and services shall be provided as described in the
16 second and third such provisos.
17 MANAGEMENT DIRECTORATE
18 OPERATIONS AND SUPPORT
19 For necessary expenses of the Management Directorate
20 for operations and support, including vehicle fleet mod-
21 ernization, $1,637,009,000, of which $33,500,000 shall re-
22 main available until September 30, 2023: Provided, That
23 not to exceed $2,000 shall be for official reception and rep-
24 resentation expenses.
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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
2 For necessary expenses of the Management Directorate
3 for procurement, construction, and improvements,
4 $491,816,000, of which $132,116,000 shall remain available
5 until September 30, 2024, and of which $359,700,000 shall
6 remain available until September 30, 2026.
7 FEDERAL PROTECTIVE SERVICE
8 The revenues and collections of security fees credited
9 to this account shall be available until expended for nec-
10 essary expenses related to the protection of federally owned
11 and leased buildings and for the operations of the Federal
12 Protective Service.
13 INTELLIGENCE, ANALYSIS, AND OPERATIONS
14 COORDINATION
15 OPERATIONS AND SUPPORT
16 For necessary expenses of the Office of Intelligence and
17 Analysis and the Office of Operations Coordination for op-
18 erations and support, $298,171,000, of which $89,672,000
19 shall remain available until September 30, 2023: Provided,
20 That not to exceed $3,825 shall be for official reception and
21 representation expenses and not to exceed $2,000,000 is
22 available for facility needs associated with secure space at
23 fusion centers, including improvements to buildings.
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1 OFFICE OF THE INSPECTOR GENERAL
2 OPERATIONS AND SUPPORT
3 For necessary expenses of the Office of the Inspector
4 General for operations and support, $205,359,000: Pro-
5 vided, That not to exceed $300,000 may be used for certain
6 confidential operational expenses, including the payment of
7 informants, to be expended at the direction of the Inspector
8 General.
9 ADMINISTRATIVE PROVISIONS
10 SEC. 101. (a) The Secretary of Homeland Security
11 shall submit a report not later than October 15, 2022, to
12 the Inspector General of the Department of Homeland Secu-
13 rity listing all grants and contracts awarded by any means
14 other than full and open competition during fiscal years
15 2021 or 2022.
16 (b) The Inspector General shall review the report re-
17 quired by subsection (a) to assess departmental compliance
18 with applicable laws and regulations and report the results
19 of that review to the Committees on Appropriations of the
20 Senate and the House of Representatives not later than Feb-
21 ruary 15, 2023.
22 SEC. 102. Not later than 30 days after the last day
23 of each month, the Chief Financial Officer of the Depart-
24 ment of Homeland Security shall submit to the Committees
25 on Appropriations of the Senate and the House of Rep-
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1 resentatives a monthly budget and staffing report that in-
2 cludes total obligations of the Department for that month
3 and for the fiscal year at the appropriation and program,
4 project, and activity levels, by the source year of the appro-
5 priation.
6 SEC. 103. The Secretary of Homeland Security shall
7 require that all contracts of the Department of Homeland
8 Security that provide award fees link such fees to successful
9 acquisition outcomes, which shall be specified in terms of
10 cost, schedule, and performance.
11 SEC. 104. (a) The Secretary of Homeland Security, in
12 consultation with the Secretary of the Treasury, shall notify
13 the Committees on Appropriations of the Senate and the
14 House of Representatives of any proposed transfers of funds
15 available under section 9705(g)(4)(B) of title 31, United
16 States Code, from the Department of the Treasury For-
17 feiture Fund to any agency within the Department of
18 Homeland Security.
19 (b) None of the funds identified for such a transfer may
20 be obligated until the Committees on Appropriations of the
21 Senate and the House of Representatives are notified of the
22 proposed transfer.
23 SEC. 105. All official costs associated with the use of
24 Government aircraft by Department of Homeland Security
25 personnel to support official travel of the Secretary and the
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1 Deputy Secretary shall be paid from amounts made avail-
2 able for the Office of the Secretary.
3 SEC. 106. (a) The Under Secretary for Management
4 shall brief the Committees on Appropriations of the Senate
5 and the House of Representatives not later than 30 days
6 after the end of each fiscal quarter on all Level 1 and Level
7 2 acquisition programs on the Master Acquisition Oversight
8 list between Acquisition Decision Event 1 and Full Oper-
9 ational Capability, including programs that have been re-
10 moved from such list during the preceding quarter.
11 (b) For each such program without a department-ap-
12 proved acquisition program baseline, the briefing described
13 in subsection (a) shall include—
14 (1) a description of the purpose of the program,
15 including the capabilities being acquired and the
16 component(s) sponsoring the acquisition; and
17 (2) the Acquisition Review Board status, includ-
18 ing—
19 (A) the current acquisition phase;
20 (B) the date and purpose of the most recent
21 review; and
22 (C) whether the program has been paused or
23 is in breach status.
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1 (c) For each such program with a department-ap-
2 proved acquisition program baseline, the briefing described
3 in subsection (a) shall include—
4 (1) a description of the purpose of the program,
5 including the capabilities being acquired and the
6 component(s) sponsoring the acquisition;
7 (2) the total number of units, as appropriate, to
8 be acquired annually until procurement is complete
9 under the current acquisition program baseline;
10 (3) the Acquisition Review Board status, includ-
11 ing—
12 (A) the current acquisition phase by incre-
13 ment, as applicable;
14 (B) the date of the most recent review; and
15 (C) whether the program has been paused or
16 is in breach status;
17 (4) a comparison between the initial Depart-
18 ment-approved acquisition program baseline cost,
19 schedule, and performance thresholds and objectives
20 and the program’s current such thresholds and objec-
21 tives, if applicable;
22 (5) the lifecycle cost estimate, including—
23 (A) the confidence level for the estimate;
24 (B) the fiscal years included in the esti-
25 mate; and
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1 (C) a description of and rationale for any
2 changes to the estimate during the prior fiscal
3 year;
4 (6) a summary of the findings of any inde-
5 pendent verification and validation of the items to be
6 acquired or an explanation for why no such
7 verification and validation has been performed;
8 (7) a table displaying the obligation of all pro-
9 gram funds by prior fiscal year, the estimated obliga-
10 tion of funds for the current fiscal year, and an esti-
11 mate for the planned carryover of funds into the sub-
12 sequent fiscal year;
13 (8) a listing of prime contractors and major sub-
14 contractors; and
15 (9) narrative descriptions of risks to cost, sched-
16 ule, or performance that could result in a program
17 breach if not successfully mitigated.
18 (d) The Under Secretary for Management shall submit
19 each approved Acquisition Decision Memoranda for pro-
20 grams described in this section to the Committees on Appro-
21 priations of the Senate and the House of Representatives
22 not later than five business days after the date of approval
23 of such memorandum by the Under Secretary for Manage-
24 ment or the designee of the Under Secretary.
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1 SEC. 107. (a) No Federal funds made available to the
2 Department of Homeland Security may be obligated for
3 any pilot or demonstration program that uses more than
4 5 full-time equivalents or costs in excess of $1,000,000 until
5 30 days after the date on which the Under Secretary for
6 Management of the Department of Homeland Security pro-
7 vides the following to the Committees on Appropriations of
8 the Senate and the House of Representatives for such pro-
9 gram:
10 (1) Objectives that are well-defined and measur-
11 able;
12 (2) An assessment methodology that details—
13 (A) the type and source of assessment data;
14 (B) the methods for and frequency of col-
15 lecting such data; and
16 (C) how such data will be analyzed;
17 (3) An implementation plan, including mile-
18 stones, a cost estimate, and schedule, including an
19 end date; and
20 (4) A signed interagency agreement or memo-
21 randum of agreement for any pilot or demonstration
22 program involving the participation of more than one
23 Department of Homeland Security component or that
24 of an entity not part of such Department.
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1 (b) Not later than 30 days after the date of completion
2 of a pilot or demonstration program described in subsection
3 (a), the Under Secretary for Management of the Depart-
4 ment of Homeland Security shall provide a report to the
5 Committees on Appropriations of the Senate and the House
6 of Representatives detailing lessons learned, actual costs,
7 and any planned expansion or continuation of the pilot or
8 demonstration program.
9 (c) For the purposes of this section, a pilot or dem-
10 onstration program is a policy implementation, study,
11 demonstration, experimental program, or trial that is a
12 small-scale, short-term experiment conducted in order to
13 evaluate feasibility, duration, costs, or adverse events, and
14 improve upon the design of an effort prior to implementa-
15 tion of a larger scale effort.
16 SEC. 108. (a) Amounts provided in title II of division
17 B of Public Law 117–70 for ‘‘Office of the Secretary and
18 Executive Management—Operations and Support’’ are
19 available for providing reimbursement to airports and air-
20 port operators for costs incurred between August 1, 2021,
21 and September 30, 2022, for activities directly and demon-
22 strably related to Operation Allies Welcome.
23 (b) Each amount repurposed by this section that was
24 previously designated by the Congress as an emergency re-
25 quirement pursuant to the Balanced Budget and Emer-
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1 gency Deficit Control Act of 1985 or a concurrent resolution
2 on the budget is designated by the Congress as an emergency
3 requirement pursuant to section 4001(a)(1) and section
4 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
5 resolution on the budget for fiscal year 2022.
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1 TITLE II
2 SECURITY, ENFORCEMENT, AND INVESTIGATIONS
3 U.S. CUSTOMS AND BORDER PROTECTION
4 OPERATIONS AND SUPPORT
5 (INCLUDING TRANSFER OF FUNDS)
6 For necessary expenses of U.S. Customs and Border
7 Protection for operations and support, including the trans-
8 portation of unaccompanied alien minors; the provision of
9 air and marine support to Federal, State, local, and inter-
10 national agencies in the enforcement or administration of
11 laws enforced by the Department of Homeland Security; at
12 the discretion of the Secretary of Homeland Security, the
13 provision of such support to Federal, State, and local agen-
14 cies in other law enforcement and emergency humanitarian
15 efforts; the purchase and lease of up to 7,500 (6,500 for re-
16 placement only) police-type vehicles; the purchase, mainte-
17 nance, or operation of marine vessels, aircraft, and un-
18 manned aerial systems; and contracting with individuals
19 for personal services abroad; $13,756,194,000; of which
20 $3,274,000 shall be derived from the Harbor Maintenance
21 Trust Fund for administrative expenses related to the collec-
22 tion of the Harbor Maintenance Fee pursuant to section
23 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
24 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
25 Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of
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1 which $700,000,000 shall be available until September 30,
2 2023; and of which such sums as become available in the
3 Customs User Fee Account, except sums subject to section
4 13031(f)(3) of the Consolidated Omnibus Budget Reconcili-
5 ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived
6 from that account: Provided, That not to exceed $34,425
7 shall be for official reception and representation expenses:
8 Provided further, That not to exceed $150,000 shall be
9 available for payment for rental space in connection with
10 preclearance operations: Provided further, That not to ex-
11 ceed $2,000,000 shall be for awards of compensation to in-
12 formants, to be accounted for solely under the certificate of
13 the Secretary of Homeland Security: Provided further, That
14 not to exceed $5,000,000 may be transferred to the Bureau
15 of Indian Affairs for the maintenance and repair of roads
16 on Native American reservations used by the U.S. Border
17 Patrol.
18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
19 For necessary expenses of U.S. Customs and Border
20 Protection for procurement, construction, and improve-
21 ments, including procurement of marine vessels, aircraft,
22 and unmanned aerial systems, $572,083,000, of which
23 $93,425,000 shall remain available until September 30,
24 2024; and of which $478,658,000 shall remain available
25 until September 30, 2026.
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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
2 OPERATIONS AND SUPPORT
3 For necessary expenses of U.S. Immigration and Cus-
4 toms Enforcement for operations and support, including the
5 purchase and lease of up to 3,790 (2,350 for replacement
6 only) police-type vehicles; overseas vetted units; and mainte-
7 nance, minor construction, and minor leasehold improve-
8 ments at owned and leased facilities; $8,206,526,000; of
9 which not less than $6,000,000 shall remain available until
10 expended for efforts to enforce laws against forced child
11 labor; of which $46,696,000 shall remain available until
12 September 30, 2023; of which not less than $1,500,000 is
13 for paid apprenticeships for participants in the Human
14 Exploitation Rescue Operative Child-Rescue Corps; of
15 which not less than $15,000,000 shall be available for inves-
16 tigation of intellectual property rights violations, including
17 operation of the National Intellectual Property Rights Co-
18 ordination Center; and of which not less than
19 $4,175,786,000 shall be for enforcement, detention, and re-
20 moval operations, including transportation of unaccom-
21 panied alien minors: Provided, That not to exceed $11,475
22 shall be for official reception and representation expenses:
23 Provided further, That not to exceed $10,000,000 shall be
24 available until expended for conducting special operations
25 under section 3131 of the Customs Enforcement Act of 1986
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1 (19 U.S.C. 2081): Provided further, That not to exceed
2 $2,000,000 shall be for awards of compensation to inform-
3 ants, to be accounted for solely under the certificate of the
4 Secretary of Homeland Security: Provided further, That not
5 to exceed $11,216,000 shall be available to fund or reim-
6 burse other Federal agencies for the costs associated with
7 the care, maintenance, and repatriation of smuggled aliens
8 unlawfully present in the United States: Provided further,
9 That of the amounts made available under this heading in
10 this Act for Executive Leadership and Oversight, $5,000,000
11 shall not be available for obligation until the reports di-
12 rected under this heading by the explanatory statements ac-
13 companying Public Laws 116–6, 116–93, and 116–260
14 have been submitted to the Committees on Appropriations
15 of the Senate and the House of Representatives.
16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
17 For necessary expenses of U.S. Immigration and Cus-
18 toms Enforcement for procurement, construction, and im-
19 provements, $51,700,000, of which $34,321,000 shall re-
20 main available until September 30, 2024, and of which
21 $17,379,000 shall remain available until September 30,
22 2026.
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1 TRANSPORTATION SECURITY ADMINISTRATION
2 OPERATIONS AND SUPPORT
3 For necessary expenses of the Transportation Security
4 Administration for operations and support, $8,091,193,000,
5 to remain available until September 30, 2023: Provided,
6 That not to exceed $7,650 shall be for official reception and
7 representation expenses: Provided further, That security
8 service fees authorized under section 44940 of title 49,
9 United States Code, shall be credited to this appropriation
10 as offsetting collections and shall be available only for avia-
11 tion security: Provided further, That the sum appropriated
12 under this heading from the general fund shall be reduced
13 on a dollar-for-dollar basis as such offsetting collections are
14 received during fiscal year 2022 so as to result in a final
15 fiscal year appropriation from the general fund estimated
16 at not more than $5,981,193,000.
17 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
18 For necessary expenses of the Transportation Security
19 Administration for procurement, construction, and im-
20 provements, $160,736,000, to remain available until Sep-
21 tember 30, 2024.
22 RESEARCH AND DEVELOPMENT
23 For necessary expenses of the Transportation Security
24 Administration for research and development, $35,532,000,
25 to remain available until September 30, 2023.
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1 COAST GUARD
2 OPERATIONS AND SUPPORT
3 For necessary expenses of the Coast Guard for oper-
4 ations and support including the Coast Guard Reserve; pur-
5 chase or lease of not to exceed 25 passenger motor vehicles,
6 which shall be for replacement only; purchase or lease of
7 small boats for contingent and emergent requirements (at
8 a unit cost of not more than $700,000) and repairs and
9 service-life replacements, not to exceed a total of
10 $31,000,000; purchase, lease, or improvements of boats nec-
11 essary for overseas deployments and activities; payments
12 pursuant to section 156 of Public Law 97–377 (42 U.S.C.
13 402 note; 96 Stat. 1920); and recreation and welfare;
14 $9,162,120,000, of which $530,000,000 shall be for defense-
15 related activities; of which $24,500,000 shall be derived
16 from the Oil Spill Liability Trust Fund to carry out the
17 purposes of section 1012(a)(5) of the Oil Pollution Act of
18 1990 (33 U.S.C. 2712(a)(5)); of which $5,000,000 shall re-
19 main available until September 30, 2024; of which
20 $27,456,000 shall remain available until September 30,
21 2026, for environmental compliance and restoration; and
22 of which $70,000,000 shall remain available until Sep-
23 tember 30, 2023, which shall only be available for vessel
24 depot level maintenance: Provided, That not to exceed
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1 $23,000 shall be for official reception and representation
2 expenses.
3 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
4 For necessary expenses of the Coast Guard for procure-
5 ment, construction, and improvements, including aids to
6 navigation, shore facilities (including facilities at Depart-
7 ment of Defense installations used by the Coast Guard), and
8 vessels and aircraft, including equipment related thereto,
9 $2,030,100,000, to remain available until September 30,
10 2026; of which $20,000,000 shall be derived from the Oil
11 Spill Liability Trust Fund to carry out the purposes of sec-
12 tion 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
13 2712(a)(5)); and of which such sums as were deposited into
14 the Coast Guard Housing Fund prior to fiscal year 2021
15 that remain unavailable for obligation shall be available to
16 carry out the purposes of section 2946 of title 14, United
17 States Code, in addition to amounts otherwise available for
18 such purposes, and shall be derived from such deposits.
19 RESEARCH AND DEVELOPMENT
20 For necessary expenses of the Coast Guard for research
21 and development; and for maintenance, rehabilitation,
22 lease, and operation of facilities and equipment;
23 $7,476,000, to remain available until September 30, 2024,
24 of which $500,000 shall be derived from the Oil Spill Li-
25 ability Trust Fund to carry out the purposes of section
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1 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2 2712(a)(5)): Provided, That there may be credited to and
3 used for the purposes of this appropriation funds received
4 from State and local governments, other public authorities,
5 private sources, and foreign countries for expenses incurred
6 for research, development, testing, and evaluation.
7 RETIRED PAY
8 For retired pay, including the payment of obligations
9 otherwise chargeable to lapsed appropriations for this pur-
10 pose, payments under the Retired Serviceman’s Family
11 Protection and Survivor Benefits Plans, payment for career
12 status bonuses, payment of continuation pay under section
13 356 of title 37, United States Code, concurrent receipts,
14 combat-related special compensation, and payments for
15 medical care of retired personnel and their dependents
16 under chapter 55 of title 10, United States Code,
17 $1,963,519,000, to remain available until expended.
18 UNITED STATES SECRET SERVICE
19 OPERATIONS AND SUPPORT
20 For necessary expenses of the United States Secret
21 Service for operations and support, including purchase of
22 not to exceed 652 vehicles for police-type use; hire of pas-
23 senger motor vehicles; purchase of motorcycles made in the
24 United States; hire of aircraft; rental of buildings in the
25 District of Columbia; fencing, lighting, guard booths, and
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1 other facilities on private or other property not in Govern-
2 ment ownership or control, as may be necessary to perform
3 protective functions; conduct of and participation in fire-
4 arms matches; presentation of awards; conduct of behav-
5 ioral research in support of protective intelligence and oper-
6 ations; payment in advance for commercial accommoda-
7 tions as may be necessary to perform protective functions;
8 and payment, without regard to section 5702 of title 5,
9 United States Code, of subsistence expenses of employees
10 who are on protective missions, whether at or away from
11 their duty stations; $2,554,729,000; of which $53,321,000
12 shall remain available until September 30, 2023, and of
13 which $6,000,000 shall be for a grant for activities related
14 to investigations of missing and exploited children; and of
15 which up to $17,000,000 may be for calendar year 2021
16 premium pay in excess of the annual equivalent of the limi-
17 tation on the rate of pay contained in section 5547(a) of
18 title 5, United States Code, pursuant to section 2 of the
19 Overtime Pay for Protective Services Act of 2016 (5 U.S.C.
20 5547 note), as last amended by Public Law 116–269: Pro-
21 vided, That not to exceed $19,125 shall be for official recep-
22 tion and representation expenses: Provided further, That
23 not to exceed $100,000 shall be to provide technical assist-
24 ance and equipment to foreign law enforcement organiza-
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1 tions in criminal investigations within the jurisdiction of
2 the United States Secret Service.
3 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
4 For necessary expenses of the United States Secret
5 Service for procurement, construction, and improvements,
6 $54,849,000, to remain available until September 30, 2024.
7 RESEARCH AND DEVELOPMENT
8 For necessary expenses of the United States Secret
9 Service for research and development, $2,310,000, to remain
10 available until September 30, 2023.
11 ADMINISTRATIVE PROVISIONS
12 SEC. 201. Section 201 of the Department of Homeland
13 Security Appropriations Act, 2018 (division F of Public
14 Law 115–141), related to overtime compensation limita-
15 tions, shall apply with respect to funds made available in
16 this Act in the same manner as such section applied to
17 funds made available in that Act, except that ‘‘fiscal year
18 2022’’ shall be substituted for ‘‘fiscal year 2018’’.
19 SEC. 202. Funding made available under the headings
20 ‘‘U.S. Customs and Border Protection—Operations and
21 Support’’ and ‘‘U.S. Customs and Border Protection—Pro-
22 curement, Construction, and Improvements’’ shall be avail-
23 able for customs expenses when necessary to maintain oper-
24 ations and prevent adverse personnel actions in Puerto Rico
25 and the U.S. Virgin Islands, in addition to funding pro-
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1 vided by sections 740 and 1406i of title 48, United States
2 Code.
3 SEC. 203. As authorized by section 601(b) of the
4 United States-Colombia Trade Promotion Agreement Im-
5 plementation Act (Public Law 112–42), fees collected from
6 passengers arriving from Canada, Mexico, or an adjacent
7 island pursuant to section 13031(a)(5) of the Consolidated
8 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
9 58c(a)(5)) shall be available until expended.
10 SEC. 204. (a) For an additional amount for ‘‘U.S.
11 Customs and Border Protection—Operations and Sup-
12 port’’, $31,000,000, to remain available until expended, to
13 be reduced by amounts collected and credited to this appro-
14 priation in fiscal year 2022 from amounts authorized to
15 be collected by section 286(i) of the Immigration and Na-
16 tionality Act (8 U.S.C. 1356(i)), section 10412 of the Farm
17 Security and Rural Investment Act of 2002 (7 U.S.C.
18 8311), and section 817 of the Trade Facilitation and Trade
19 Enforcement Act of 2015 (Public Law 114–25), or other
20 such authorizing language.
21 (b) To the extent that amounts realized from such col-
22 lections exceed $31,000,000, those amounts in excess of
23 $31,000,000 shall be credited to this appropriation, to re-
24 main available until expended.
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1 SEC. 205. None of the funds made available in this
2 Act for U.S. Customs and Border Protection may be used
3 to prevent an individual not in the business of importing
4 a prescription drug (within the meaning of section 801(g)
5 of the Federal Food, Drug, and Cosmetic Act) from import-
6 ing a prescription drug from Canada that complies with
7 the Federal Food, Drug, and Cosmetic Act: Provided, That
8 this section shall apply only to individuals transporting on
9 their person a personal-use quantity of the prescription
10 drug, not to exceed a 90-day supply: Provided further, That
11 the prescription drug may not be—
12 (1) a controlled substance, as defined in section
13 102 of the Controlled Substances Act (21 U.S.C. 802);
14 or
15 (2) a biological product, as defined in section
16 351 of the Public Health Service Act (42 U.S.C. 262).
17 SEC. 206. (a) Notwithstanding any other provision of
18 law, none of the funds provided in this or any other Act
19 shall be used to approve a waiver of the navigation and
20 vessel-inspection laws pursuant to section 501(b) of title 46,
21 United States Code, for the transportation of crude oil dis-
22 tributed from and to the Strategic Petroleum Reserve until
23 the Secretary of Homeland Security, after consultation with
24 the Secretaries of the Departments of Energy and Transpor-
25 tation and representatives from the United States flag mar-
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1 itime industry, takes adequate measures to ensure the use
2 of United States flag vessels.
3 (b) The Secretary shall notify the Committees on Ap-
4 propriations of the Senate and the House of Representa-
5 tives, the Committee on Commerce, Science, and Transpor-
6 tation of the Senate, and the Committee on Transportation
7 and Infrastructure of the House of Representatives within
8 2 business days of any request for waivers of navigation
9 and vessel-inspection laws pursuant to section 501(b) of
10 title 46, United States Code, with respect to such transpor-
11 tation, and the disposition of such requests.
12 SEC. 207. (a) Beginning on the date of enactment of
13 this Act, the Secretary of Homeland Security shall not—
14 (1) establish, collect, or otherwise impose any
15 new border crossing fee on individuals crossing the
16 Southern border or the Northern border at a land port
17 of entry; or
18 (2) conduct any study relating to the imposition
19 of a border crossing fee.
20 (b) In this section, the term ‘‘border crossing fee’’
21 means a fee that every pedestrian, cyclist, and driver and
22 passenger of a private motor vehicle is required to pay for
23 the privilege of crossing the Southern border or the Northern
24 border at a land port of entry.
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1 SEC. 208. (a) Not later than 90 days after the date
2 of enactment of this Act, the Secretary of Homeland Secu-
3 rity shall submit an expenditure plan for any amounts
4 made available for ‘‘U.S. Customs and Border Protection—
5 Procurement, Construction, and Improvements’’ in this Act
6 and prior Acts to the Committees on Appropriations of the
7 Senate and the House of Representatives.
8 (b) No such amounts may be obligated prior to the sub-
9 mission of such plan.
10 SEC. 209. Of the total amount made available under
11 ‘‘U.S. Customs and Border Protection—Procurement, Con-
12 struction, and Improvements’’, $572,083,000 shall be avail-
13 able only as follows:
14 (1) $276,000,000 for the acquisition and deploy-
15 ment of border security technologies;
16 (2) $99,653,000 for trade and travel assets and
17 infrastructure;
18 (3) $93,425,000 for facility construction and im-
19 provements;
20 (4) $72,395,000 for integrated operations assets
21 and infrastructure; and
22 (5) $30,610,000 for mission support and infra-
23 structure.
24 SEC. 210. Section 211 of the Department of Homeland
25 Security Appropriations Act, 2021 (division F of Public
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1 Law 116–260), prohibiting the use of funds for the construc-
2 tion of fencing in certain areas, shall apply with respect
3 to funds made available in this Act in the same manner
4 as such section applied to funds made available in that Act.
5 SEC. 211. (a) Funds made available in this Act may
6 be used to alter operations within the National Targeting
7 Center of U.S. Customs and Border Protection.
8 (b) None of the funds provided by this Act, provided
9 by previous appropriations Acts that remain available for
10 obligation or expenditure in fiscal year 2022, or provided
11 from any accounts in the Treasury of the United States
12 derived by the collection of fees available to the components
13 funded by this Act, may be used to reduce anticipated or
14 planned vetting operations at existing locations unless spe-
15 cifically authorized by a statute enacted after the date of
16 enactment of this Act.
17 SEC. 212. Section 411(o)(3) of the Homeland Security
18 Act of 2002 (6 U.S.C. 211(o)(3)), is amended by striking
19 ‘‘170’’ and inserting ‘‘250’’.
20 SEC. 213. For an additional amount for ‘‘U.S. Cus-
21 toms and Border Protection—Operations and Support’’,
22 $100,000,000, to remain available until September 30,
23 2023, in addition to amounts otherwise available for such
24 purposes, for Border Patrol hiring and contractors, reten-
25 tion and relocation incentives and contract support.
•HR 2471 EAH
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1 SEC. 214. None of the funds provided under the head-
2 ing ‘‘U.S. Immigration and Customs Enforcement—Oper-
3 ations and Support’’ may be used to continue a delegation
4 of law enforcement authority authorized under section
5 287(g) of the Immigration and Nationality Act (8 U.S.C.
6 1357(g)) if the Department of Homeland Security Inspector
7 General determines that the terms of the agreement gov-
8 erning the delegation of authority have been materially vio-
9 lated.
10 SEC. 215. (a) None of the funds provided under the
11 heading ‘‘U.S. Immigration and Customs Enforcement—
12 Operations and Support’’ may be used to continue any con-
13 tract for the provision of detention services if the two most
14 recent overall performance evaluations received by the con-
15 tracted facility are less than ‘‘adequate’’ or the equivalent
16 median score in any subsequent performance evaluation
17 system.
18 (b) The performance evaluations referenced in sub-
19 section (a) shall be conducted by the U.S. Immigration and
20 Customs Enforcement Office of Professional Responsibility.
21 SEC. 216. Without regard to the limitation as to time
22 and condition of section 503(d) of this Act, the Secretary
23 may reprogram within and transfer funds to ‘‘U.S. Immi-
24 gration and Customs Enforcement—Operations and Sup-
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1 port’’ as necessary to ensure the detention of aliens
2 prioritized for removal.
3 SEC. 217. The reports required to be submitted under
4 section 216 of the Department of Homeland Security Ap-
5 propriations Act, 2021 (division F of Public Law 116–260)
6 shall continue to be submitted semimonthly and each matter
7 required to be included in such report by such section 216
8 shall apply in the same manner and to the same extent
9 during the period described in this section.
10 SEC. 218. The terms and conditions of sections 216
11 and 217 of the Department of Homeland Security Appro-
12 priations Act, 2020 (division D of Public Law 116–93)
13 shall apply to this Act.
14 SEC. 219. Members of the United States House of Rep-
15 resentatives and the United States Senate, including the
16 leadership; the heads of Federal agencies and commissions,
17 including the Secretary, Deputy Secretary, Under Secre-
18 taries, and Assistant Secretaries of the Department of
19 Homeland Security; the United States Attorney General,
20 Deputy Attorney General, Assistant Attorneys General, and
21 the United States Attorneys; and senior members of the Ex-
22 ecutive Office of the President, including the Director of the
23 Office of Management and Budget, shall not be exempt from
24 Federal passenger and baggage screening.
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1 SEC. 220. Any award by the Transportation Security
2 Administration to deploy explosives detection systems shall
3 be based on risk, the airport’s current reliance on other
4 screening solutions, lobby congestion resulting in increased
5 security concerns, high injury rates, airport readiness, and
6 increased cost effectiveness.
7 SEC. 221. Notwithstanding section 44923 of title 49,
8 United States Code, for fiscal year 2022, any funds in the
9 Aviation Security Capital Fund established by section
10 44923(h) of title 49, United States Code, may be used for
11 the procurement and installation of explosives detection sys-
12 tems or for the issuance of other transaction agreements for
13 the purpose of funding projects described in section
14 44923(a) of such title.
15 SEC. 222. Not later than 30 days after the submission
16 of the President’s budget proposal, the Administrator of the
17 Transportation Security Administration shall submit to the
18 Committees on Appropriations and Commerce, Science, and
19 Transportation of the Senate and the Committees on Appro-
20 priations and Homeland Security in the House of Rep-
21 resentatives a single report that fulfills the following re-
22 quirements:
23 (1) a Capital Investment Plan that includes a
24 plan for continuous and sustained capital investment
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1 in new, and the replacement of aged, transportation
2 security equipment;
3 (2) the 5-year technology investment plan as re-
4 quired by section 1611 of title XVI of the Homeland
5 Security Act of 2002, as amended by section 3 of the
6 Transportation Security Acquisition Reform Act
7 (Public Law 113–245); and
8 (3) the Advanced Integrated Passenger Screening
9 Technologies report as required by the Senate Report
10 accompanying the Department of Homeland Security
11 Appropriations Act, 2019 (Senate Report 115–283).
12 SEC. 223. (a) None of the funds made available by this
13 Act under the heading ‘‘Coast Guard—Operations and
14 Support’’ shall be for expenses incurred for recreational ves-
15 sels under section 12114 of title 46, United States Code,
16 except to the extent fees are collected from owners of yachts
17 and credited to the appropriation made available by this
18 Act under the heading ‘‘Coast Guard—Operations and
19 Support’’.
20 (b) To the extent such fees are insufficient to pay ex-
21 penses of recreational vessel documentation under such sec-
22 tion 12114, and there is a backlog of recreational vessel ap-
23 plications, personnel performing non-recreational vessel
24 documentation functions under subchapter II of chapter
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1 121 of title 46, United States Code, may perform docu-
2 mentation under section 12114.
3 SEC. 224. Without regard to the limitation as to time
4 and condition of section 503(d) of this Act, after June 30,
5 in accordance with the notification requirement described
6 in subsection (b) of such section, up to the following
7 amounts may be reprogrammed within ‘‘Coast Guard—Op-
8 erations and Support’’—
9 (1) $10,000,000 to or from the ‘‘Military Per-
10 sonnel’’ funding category; and
11 (2) $10,000,000 between the ‘‘Field Operations’’
12 funding subcategories.
13 SEC. 225. Notwithstanding any other provision of law,
14 the Commandant of the Coast Guard shall submit to the
15 Committees on Appropriations of the Senate and the House
16 of Representatives a future-years capital investment plan
17 as described in the second proviso under the heading ‘‘Coast
18 Guard—Acquisition, Construction, and Improvements’’ in
19 the Department of Homeland Security Appropriations Act,
20 2015 (Public Law 114–4), which shall be subject to the re-
21 quirements in the third and fourth provisos under such
22 heading.
23 SEC. 226. Of the funds made available for defense-re-
24 lated activities under the heading ‘‘Coast Guard—Oper-
25 ations and Support’’, up to $190,000,000 that are used for
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1 enduring overseas missions in support of the global fight
2 against terrorism may be reallocated by program, project,
3 and activity, notwithstanding section 503 of this Act.
4 SEC. 227. None of the funds in this Act shall be used
5 to reduce the Coast Guard’s legacy Operations Systems Cen-
6 ter mission or its government-employed or contract staff lev-
7 els.
8 SEC. 228. None of the funds appropriated by this Act
9 may be used to conduct, or to implement the results of, a
10 competition under Office of Management and Budget Cir-
11 cular A–76 for activities performed with respect to the Coast
12 Guard National Vessel Documentation Center.
13 SEC. 229. Funds made available in this Act may be
14 used to alter operations within the Civil Engineering Pro-
15 gram of the Coast Guard nationwide, including civil engi-
16 neering units, facilities design and construction centers,
17 maintenance and logistics commands, and the Coast Guard
18 Academy, except that none of the funds provided in this
19 Act may be used to reduce operations within any civil engi-
20 neering unit unless specifically authorized by a statute en-
21 acted after the date of enactment of this Act.
22 SEC. 230. Amounts deposited into the Coast Guard
23 Housing Fund in fiscal year 2022 shall be available until
24 expended to carry out the purposes of section 2946 of title
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1 14, United States Code, and shall be in addition to funds
2 otherwise available for such purposes.
3 SEC. 231. (a) Notwithstanding section 2110 of title 46,
4 United States Code, none of the funds made available in
5 this Act shall be used to charge a fee for an inspection of
6 a towing vessel, as defined in 46 CFR Section 136.110, that
7 utilizes the Towing Safety Management System option for
8 a Certificate of Inspection issued under subchapter M of
9 title 46, Code of Federal Regulations.
10 (b) Subsection (a) shall not apply after the date the
11 Commandant of the Coast Guard makes a determination
12 under section 815(a) of the Frank LoBiondo Coast Guard
13 Authorization Act of 2018 (Public Law 115–282) and, as
14 necessary based on such determination, carries out the re-
15 quirements of subsection 815(b) of such Act.
16 SEC. 232. (a) For an additional amount for ‘‘Coast
17 Guard—Procurement, Construction, and Improvements’’,
18 $50,000,000, to remain available until expended, which
19 shall be distributed as a grant for the National Coast Guard
20 Museum to carry out activities under section 316(d) of title
21 14, United States Code.
22 (b) The Coast Guard shall not be responsible for the
23 execution of any contracts, planning, or execution of work
24 to accomplish any activities outlined in section 316(d) of
25 title 14, United States Code.
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1 SEC. 233. The United States Secret Service is author-
2 ized to obligate funds in anticipation of reimbursements
3 from executive agencies, as defined in section 105 of title
4 5, United States Code, for personnel receiving training
5 sponsored by the James J. Rowley Training Center, except
6 that total obligations at the end of the fiscal year shall not
7 exceed total budgetary resources available under the heading
8 ‘‘United States Secret Service—Operations and Support’’
9 at the end of the fiscal year.
10 SEC. 234. (a) None of the funds made available to the
11 United States Secret Service by this Act or by previous ap-
12 propriations Acts may be made available for the protection
13 of the head of a Federal agency other than the Secretary
14 of Homeland Security.
15 (b) The Director of the United States Secret Service
16 may enter into agreements to provide such protection on
17 a fully reimbursable basis.
18 SEC. 235. For purposes of section 503(a)(3) of this Act,
19 up to $15,000,000 may be reprogrammed within ‘‘United
20 States Secret Service—Operations and Support’’.
21 SEC. 236. Funding made available in this Act for
22 ‘‘United States Secret Service—Operations and Support’’
23 is available for travel of United States Secret Service em-
24 ployees on protective missions without regard to the limita-
25 tions on such expenditures in this or any other Act if the
•HR 2471 EAH
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1 Director of the United States Secret Service or a designee
2 notifies the Committees on Appropriations of the Senate
3 and the House of Representatives 10 or more days in ad-
4 vance, or as early as practicable, prior to such expenditures.
5 TITLE III
6 PROTECTION, PREPAREDNESS, RESPONSE, AND
7 RECOVERY
8 CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
9 OPERATIONS AND SUPPORT
10 For necessary expenses of the Cybersecurity and Infra-
11 structure Security Agency for operations and support,
12 $1,992,527,000, of which $36,293,000, shall remain avail-
13 able until September 30, 2023: Provided, That not to exceed
14 $3,825 shall be for official reception and representation ex-
15 penses.
16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
17 For necessary expenses of the Cybersecurity and Infra-
18 structure Security Agency for procurement, construction,
19 and improvements, $590,698,000, to remain available until
20 September 30, 2024.
21 RESEARCH AND DEVELOPMENT
22 For necessary expenses of the Cybersecurity and Infra-
23 structure Security Agency for research and development,
24 $10,431,000, to remain available until September 30, 2023.
•HR 2471 EAH
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1 FEDERAL EMERGENCY MANAGEMENT AGENCY
2 OPERATIONS AND SUPPORT
3 For necessary expenses of the Federal Emergency Man-
4 agement Agency for operations and support,
5 $1,245,859,000: Provided, That not to exceed $2,250 shall
6 be for official reception and representation expenses.
7 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
8 For necessary expenses of the Federal Emergency Man-
9 agement Agency for procurement, construction, and im-
10 provements, $209,985,000, of which $98,775,000 shall re-
11 main available until September 30, 2024, and of which
12 $111,210,000 shall remain available until September 30,
13 2026: Provided, That the Administrator of the Federal
14 Emergency Management Agency may use up to $10,400,000
15 of the amounts made available under this heading to ac-
16 quire and develop real property adjacent to any existing
17 training facility currently funded within the Education,
18 Training, and Exercises program, project, or activity: Pro-
19 vided further, That such acquisition and development of
20 real property is only for the purposes of establishing a
21 multi-use training facility: Provided further, That none of
22 the funds made available in the first proviso may be used
23 for the management costs associated with such real prop-
24 erty: Provided further, That such management costs shall
25 be made available from funds provided under the heading
•HR 2471 EAH
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1 ‘‘Federal Emergency Management Agency—Operations and
2 Support’’.
3 FEDERAL ASSISTANCE
4 (INCLUDING TRANSFER OF FUNDS)
5 For activities of the Federal Emergency Management
6 Agency for Federal assistance through grants, contracts, co-
7 operative agreements, and other activities, $3,633,199,000,
8 which shall be allocated as follows:
9 (1) $645,000,000 for the State Homeland Secu-
10 rity Grant Program under section 2004 of the Home-
11 land Security Act of 2002 (6 U.S.C. 605), of which
12 $90,000,000 shall be for Operation Stonegarden,
13 $15,000,000 shall be for Tribal Homeland Security
14 Grants under section 2005 of the Homeland Security
15 Act of 2002 (6 U.S.C. 606), and $125,000,000 shall
16 be for organizations (as described under section
17 501(c)(3) of the Internal Revenue Code of 1986 and
18 exempt from tax under section 501(a) of such code)
19 determined by the Secretary of Homeland Security to
20 be at high risk of a terrorist attack: Provided, That
21 notwithstanding subsection (c)(4) of such section
22 2004, for fiscal year 2022, the Commonwealth of
23 Puerto Rico shall make available to local and tribal
24 governments amounts provided to the Commonwealth
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1 of Puerto Rico under this paragraph in accordance
2 with subsection (c)(1) of such section 2004.
3 (2) $740,000,000 for the Urban Area Security
4 Initiative under section 2003 of the Homeland Secu-
5 rity Act of 2002 (6 U.S.C. 604), of which
6 $125,000,000 shall be for organizations (as described
7 under section 501(c)(3) of the Internal Revenue Code
8 of 1986 and exempt from tax under section 501(a) of
9 such code) determined by the Secretary of Homeland
10 Security to be at high risk of a terrorist attack.
11 (3) $105,000,000 for Public Transportation Se-
12 curity Assistance, Railroad Security Assistance, and
13 Over-the-Road Bus Security Assistance under sections
14 1406, 1513, and 1532 of the Implementing Rec-
15 ommendations of the 9/11 Commission Act of 2007 (6
16 U.S.C. 1135, 1163, and 1182), of which $10,000,000
17 shall be for Amtrak security and $2,000,000 shall be
18 for Over-the-Road Bus Security: Provided, That such
19 public transportation security assistance shall be pro-
20 vided directly to public transportation agencies.
21 (4) $100,000,000 for Port Security Grants in ac-
22 cordance with section 70107 of title 46, United States
23 Code.
24 (5) $720,000,000, to remain available until Sep-
25 tember 30, 2023, of which $360,000,000 shall be for
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1 Assistance to Firefighter Grants and $360,000,000
2 shall be for Staffing for Adequate Fire and Emer-
3 gency Response Grants under sections 33 and 34 re-
4 spectively of the Federal Fire Prevention and Control
5 Act of 1974 (15 U.S.C. 2229 and 2229a).
6 (6) $355,000,000 for emergency management
7 performance grants under the National Flood Insur-
8 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert
9 T. Stafford Disaster Relief and Emergency Assistance
10 Act (42 U.S.C. 5121), the Earthquake Hazards Re-
11 duction Act of 1977 (42 U.S.C. 7701), section 762 of
12 title 6, United States Code, and Reorganization Plan
13 No. 3 of 1978 (5 U.S.C. App.).
14 (7) $275,500,000 for necessary expenses for Flood
15 Hazard Mapping and Risk Analysis, in addition to
16 and to supplement any other sums appropriated
17 under the National Flood Insurance Fund, and such
18 additional sums as may be provided by States or
19 other political subdivisions for cost-shared mapping
20 activities under section 1360(f)(2) of the National
21 Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)),
22 to remain available until expended.
23 (8) $12,000,000 for Regional Catastrophic Pre-
24 paredness Grants.
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1 (9) $12,000,000 for Rehabilitation of High Haz-
2 ard Potential Dams under section 8A of the National
3 Dam Safety Program Act (33 U.S.C. 467f–2).
4 (10) $130,000,000 for the emergency food and
5 shelter program under title III of the McKinney-Vento
6 Homeless Assistance Act (42 U.S.C. 11331), to re-
7 main available until expended: Provided, That not to
8 exceed 3.5 percent shall be for total administrative
9 costs.
10 (11) $40,000,000 for the Next Generation Warn-
11 ing System.
12 (12) $205,098,811 for Community Project Fund-
13 ing and Congressionally Directed Spending grants,
14 which shall be for the purposes, and the amounts,
15 specified in the table entitled ‘‘Community Project
16 Funding and Congressionally Directed Spending’’
17 under this heading in the explanatory statement de-
18 scribed in section 4 (in the matter preceding division
19 A of this consolidated Act), of which—
20 (A) $150,000, in addition to amounts other-
21 wise made available for such purpose, is for a
22 nonprofit security grant under sections 2003 and
23 2004 of the Homeland Security Act of 2002 (6
24 U.S.C. 604 and 605);
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1 (B) $49,026,403, in addition to amounts
2 otherwise made available for such purpose, is for
3 emergency operations center grants under section
4 614 of the Robert T. Stafford Disaster Relief and
5 Emergency Assistance Act (42 U.S.C. 5196c);
6 (C) $153,922,408, in addition to amounts
7 otherwise made available for such purpose, is for
8 pre-disaster mitigation grants under section 203
9 of the Robert T. Stafford Disaster Relief and
10 Emergency Assistance Act (42 U.S.C. 5133(e),
11 notwithstanding subsections (f), (g), and (l) of
12 that section (42 U.S.C. 5133(f), (g), (l)); and
13 (D) $2,000,000 shall be transferred to ‘‘Fed-
14 eral Emergency Management Agency—Oper-
15 ations and Support’’, to manage and administer
16 Community Project Funding and Congression-
17 ally Directed Spending grants.
18 (13) $293,600,000 to sustain current operations
19 for training, exercises, technical assistance, and other
20 programs.
21 DISASTER RELIEF FUND
22 For necessary expenses in carrying out the Robert T.
23 Stafford Disaster Relief and Emergency Assistance Act (42
24 U.S.C. 5121 et seq.), $18,799,000,000, to remain available
25 until expended, shall be for major disasters declared pursu-
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1 ant to the Robert T. Stafford Disaster Relief and Emer-
2 gency Assistance Act (42 U.S.C. 5121 et seq.) and is des-
3 ignated by the Congress as being for disaster relief pursuant
4 to section 4004(b)(6) and section 4005(f) of S. Con. Res.
5 14 (117th Congress), the concurrent resolution on the budget
6 for fiscal year 2022: Provided, That of the amount provided
7 under this heading, up to $3,000,000 may be transferred
8 to the Disaster Assistance Direct Loan Program Account
9 for administrative expenses related to direct loans as au-
10 thorized under section 417 of the Robert T. Stafford Dis-
11 aster Relief and Emergency Assistance Act (42 U.S.C.
12 5184).
13 NATIONAL FLOOD INSURANCE FUND
14 For activities under the National Flood Insurance Act
15 of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protec-
16 tion Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-
17 Waters Flood Insurance Reform Act of 2012 (Public Law
18 112–141, 126 Stat. 916), and the Homeowner Flood Insur-
19 ance Affordability Act of 2014 (Public Law 113–89; 128
20 Stat. 1020), $214,706,000, to remain available until Sep-
21 tember 30, 2023, which shall be derived from offsetting
22 amounts collected under section 1308(d) of the National
23 Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
24 $15,706,000 shall be available for mission support associ-
25 ated with flood management; and of which $199,000,000
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1 shall be available for flood plain management and flood
2 mapping: Provided, That any additional fees collected pur-
3 suant to section 1308(d) of the National Flood Insurance
4 Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offset-
5 ting collections to this account, to be available for flood
6 plain management and flood mapping: Provided further,
7 That in fiscal year 2022, no funds shall be available from
8 the National Flood Insurance Fund under section 1310 of
9 the National Flood Insurance Act of 1968 (42 U.S.C. 4017)
10 in excess of—
11 (1) $197,393,000 for operating expenses and sal-
12 aries and expenses associated with flood insurance op-
13 erations;
14 (2) $876,743,000 for commissions and taxes of
15 agents;
16 (3) such sums as are necessary for interest on
17 Treasury borrowings; and
18 (4) $175,000,000, which shall remain available
19 until expended, for flood mitigation actions and for
20 flood mitigation assistance under section 1366 of the
21 National Flood Insurance Act of 1968 (42 U.S.C.
22 4104c), notwithstanding sections 1366(e) and
23 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
24 Provided further, That the amounts collected under section
25 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
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1 4012a) and section 1366(e) of the National Flood Insurance
2 Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
3 National Flood Insurance Fund to supplement other
4 amounts specified as available for section 1366 of the Na-
5 tional Flood Insurance Act of 1968, notwithstanding section
6 102(f)(8), section 1366(e) of the National Flood Insurance
7 Act of 1968, and paragraphs (1) through (3) of section
8 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e),
9 4104d(b)(1)–(3)): Provided further, That total administra-
10 tive costs shall not exceed 4 percent of the total appropria-
11 tion: Provided further, That up to $5,000,000 is available
12 to carry out section 24 of the Homeowner Flood Insurance
13 Affordability Act of 2014 (42 U.S.C. 4033).
14 ADMINISTRATIVE PROVISIONS
15 SEC. 301. (a) Funds made available under the heading
16 ‘‘Cybersecurity and Infrastructure Security Agency—Oper-
17 ations and Support’’ may be made available for the nec-
18 essary expenses of carrying out the competition specified in
19 section 2(e) of Executive Order No. 13870 (May 2, 2019),
20 including the provision of monetary and non-monetary
21 awards for Federal civilian employees and members of the
22 uniformed services, the necessary expenses for the honorary
23 recognition of any award recipients, and activities to en-
24 courage participation in the competition, including pro-
25 motional items.
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1 (b) Any awards made pursuant to this section shall
2 be of the same type and amount as those authorized under
3 sections 4501 through 4505 of title 5, United States Code.
4 SEC. 302. Funds made available under the heading
5 ‘‘Cybersecurity and Infrastructure Security Agency—Oper-
6 ations and Support’’ may be made available for the nec-
7 essary expenses of procuring or providing access to cyberse-
8 curity threat feeds for branches, agencies, independent agen-
9 cies, corporations, establishments, and instrumentalities of
10 the Federal government of the United States, state, local,
11 tribal, and territorial government entities, fusion centers as
12 described in section 210A of the Homeland Security Act (6
13 U.S.C. 124h), and Information Sharing and Analysis Or-
14 ganizations.
15 SEC. 303. (a) Notwithstanding section 2008(a)(12) of
16 the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12))
17 or any other provision of law, not more than 5 percent of
18 the amount of a grant made available in paragraphs (1)
19 through (4) under ‘‘Federal Emergency Management Agen-
20 cy—Federal Assistance’’, may be used by the recipient for
21 expenses directly related to administration of the grant.
22 (b) The authority provided in subsection (a) shall also
23 apply to a recipient for the administration of a grant under
24 such paragraphs (1) and (2) for organizations described
25 under section 501(c)(3) of the Internal Revenue Code of
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