Congressional Record, Volume 168, Number 42 (Wednesday, March 9, 2022) — House, Pages H2477-H3214
Summary
House pages H2477-H3214 of the Congressional Record for Wednesday, March 9, 2022 print the explanatory statement submitted by DeLauro, Chair of the House Committee on Appropriations, on the House amendment to the Senate amendment to H.R. 2471, the Consolidated Appropriations Act, 2022. The opening part explains Division G, which funds the Department of the Interior, the Environmental Protection Agency, the Forest Service, the Indian Health Service and related agencies for fiscal year 2022. It directs the Department of the Interior and the Forest Service to keep updated 5-year deferred maintenance plans and to post Federal Lands Recreation Enhancement Act projects each year. The final pages are funding tables printed as graphics.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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[Congressional Record Volume 168, Number 42 (Wednesday, March 9, 2022)]
[House]
[Pages H2477-H3214]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H2477]]
House of Representatives
EXPLANATORY STATEMENT SUBMITTED BY MS. DeLAURO, CHAIR OF THE HOUSE
COMMITTEE ON APPROPRIATIONS, REGARDING THE HOUSE AMENDMENT TO THE
SENATE AMENDMENT TO H.R. 2471, CONSOLIDATED APPROPRIATIONS ACT, 2022
The following is an explanation of the Consolidated Appropriations
Act, 2022.
____
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
The following statement is an explanation of the effects of
Division G, which provides appropriations for the Department
of the Interior, the Environmental Protection Agency (EPA),
the Forest Service, the Indian Health Service, and related
agencies for fiscal year 2022.
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-
83 carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein.
In cases where the House report or this joint explanatory
statement direct the submission of a report, such report is
to be submitted to both the House and Senate Committees on
Appropriations. Where this joint explanatory statement refers
to the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee
on Interior, Environment, and Related Agencies and the Senate
Subcommittee on Interior, Environment, and Related Agencies.
Each department and agency funded in this Act is directed
to follow the directions set forth in this Act and the
accompanying statement and to not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the House and Senate Appropriations Committees
through the reprogramming process as referenced in this Act.
This joint explanatory statement addresses only those
agencies and accounts for which there is a need for greater
explanation than provided in the Act itself. Funding levels
for appropriations by account, program, and activity, with
comparisons to the fiscal year 2021 enacted level and the
fiscal year 2022 budget request, can be found in the table at
the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Continued Directives.--The Committees continue the
directives in the explanatory statement accompanying Public
Law 116-94 regarding Everglades Restoration and Domestic
Production of Critical Minerals. Directives regarding
Transparency of Information Regarding Grants, Agreements,
Research, and Conferences Attendance in the explanatory
statement accompanying Public Law 116-260 are also continued.
Deferred Maintenance.--The Department of the Interior and
the Forest Service are directed to maintain updated 5-year
deferred maintenance plans that, to the extent practicable,
include a list of all outstanding deferred maintenance needs,
and to provide them to the Committees on a quarterly basis.
Disaster Recovery Needs.--The Committees direct the
Department of the Interior and the other agencies funded in
this bill to establish quarterly reporting requirements for
their component bureaus, regions, offices, and programs, as
appropriate, to maintain up-to-date comprehensive information
for supplemental funding needs related to disaster recovery.
Federal Lands Recreation Enhancement Act.--The Department
of the Interior and the Forest Service are directed to
annually post on a centralized agency website the list of
Federal Lands Recreation Enhancement Act (FLREA) (Public Law
108-447) projects and activities performed in each fiscal
year, which should include a project or activity title,
description, location, and amount obligated. Each land
management agency that is unable to complete this directive
shall submit a report to the Committees within 90 days of
enactment of this Act detailing the specific steps the agency
plans to take to secure the capabilities needed to provide
proper transparency on the spending of FLREA funds.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
directs the Attorney General to ensure implementation of
evidence-based training programs on de-escalation and the
use-of-force, as well as on police community relations, and
the protection of civil rights, that are broadly applicable
and scalable to all Federal law enforcement agencies. The
agreement further notes that several agencies funded by this
Act employ Federal law enforcement officers and are Federal
Law Enforcement Training Centers partner organizations. The
agreement directs such agencies to consult with the Attorney
General regarding the implementation of these programs for
their law enforcement officers. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations on their efforts relating to such
implementation no later than 180 days after consultation with
the Attorney General. In addition, the agreement directs such
agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of
this Act, on their efforts to so participate.
Firefighting Aviation Contracts.--In light of the receipt
of the report directed in the explanatory statement
accompanying the Consolidated Appropriations Act, 2021
(Public Law 116-260), the Forest Service and the Department
of the Interior are urged to continue working with relevant
stakeholders to evaluate ways to address impediments on the
use of long-term contracts and other contracting strategies
or approaches for wildland fire suppression activities.
Great American Outdoors Act.--At the end of this
explanatory statement, the Committees have included
allocation of projects pursuant to the Great American
Outdoors Act (Public Law 116-152).
Mitigation Activities from Border Barrier Construction.--
The agreement does not include direction requiring a report
on the impacts of border barrier construction.
Training, Hiring, and Public Lands Education in Alaska.--
The directive in Public Law 116-94 regarding conducting
annual Alaska National Interest Lands Conservation Act
training by the Department of the Interior and the Forest
Service is continued. The Committees also recognize the
importance of Alaska Public Land Information
[[Page H2478]]
Centers as partners and tools to educate the public regarding
Alaska's unique public lands and encourages the agencies to
look for opportunities to strengthen these critical
partnerships.
Tribal Lease Payments.--The Committees are aware of recent
litigation in Federal courts regarding what constitutes
reasonable lease costs under the 105(l) program. As part of
the consultation required by language in Title IV of this
Act, the Indian Health Service and the Department of the
Interior are expected to consult with Tribes and Tribal
organizations regarding agency regulations and policies that
determine the amount of space and other standards necessary
to carry out Federal programs under a section 105(l) lease,
and to ensure that such regulations and policies are
consistent, transparent, and clearly communicated to affected
Tribes. The Service and the Department are expected to
periodically update the Committees on the status of the
consultation.
Wild Horses and Burros.--The Wild Free-Roaming Horses and
Burros Act of 1971 conferred primary responsibility for wild
horses across the rangelands of the American West to the
Bureau of Land Management (BLM). However, given the
challenges posed by rising horse populations coupled with
degraded range, climate change, and invasive species, the
consequences of inaction will have a cascading impact on all
plants, animals, and people that share these lands and finite
resources. This is a national crisis on our public lands and
requires the expertise and resources of various bureaus and
agencies; BLM should not shoulder the responsibility alone.
To address this urgent problem, the Secretary of the Interior
is directed to establish a task force with representation
from the Bureau of Land Management, U.S. Fish and Wildlife
Service, U.S. Geological Survey, and any other Bureau the
Secretary deems appropriate. In subsequent years, task force
membership will be expanded to include representatives of the
U.S. Department of Agriculture and other agencies with
essential skills and expertise. Any strategy or
recommendation of the task force will not include any sale or
actions that result in the destruction of healthy animals,
which continues to be prohibited by this bill and should be
in line with the goals and strategies of the Bureau of Land
Management's May 2020 report to Congress on achieving a
sustainable program through aggressive, non-lethal population
control strategy (May 2020 report). The Secretary is to
report to the Committees within 90 days of enactment of this
Act on the establishment of this task force and a proposed
meeting schedule. The Bureau of Land Management is to report
to the Committees on a quarterly basis on the status of this
program, staffing updates, and the work of the task force.
land and water conservation fund
With the August 4, 2020, enactment of the Great American
Outdoors Act (Public Law 116-152), Congress provided a
permanent appropriation of $900,000,000 per year from the
Land and Water Conservation Fund (LWCF). The Act also
mandated that account allocations and detailed project
information be proposed by the administration each year
through the President's annual budget submission, and that
such allocations, following review by the Committees on
Appropriations, may be modified through an alternate
allocation. A detailed table showing the LWCF allocation by
agency, account, activity, and project, including lists of
specific Federal land acquisition projects and Forest Legacy
Program projects, including congressionally directed
spending, accompanies this explanatory statement. The
agencies are expected to continue to follow the directions
included in the explanatory statement accompanying the
Consolidated Appropriations Act, 2021 (Public Law 116-260)
under General Implementation, except that no funds are
provided for acquisition contingencies. Specific additional
directions follow.
Fish and Wildlife Service.--The Service is expected to
provide outreach to all units of the National Wildlife Refuge
System, including Clarks, McKinney, Ottawa, Loxahatchee, and
Edwards, to ensure these refuges are aware of all funding
opportunities available. There is an accumulating backlog of
parcels available at Clarks River National Wildlife Refuge
and the Service is strongly encouraged to begin the proper
due diligence work in order for the refuge to access
available funding opportunities. The newly-established Green
River National Wildlife Refuge is eligible for funding under
the recreational access and inholding lines and the Service
is encouraged to use these additional funding tools at Green
River, as it does for other refuge units. The Service is also
encouraged to consider habitat conservation plan land
acquisition applications that enhance efforts to establish
State research forests through the Cooperative Endangered
Species Conservation Fund. Further, the Service should
utilize available funding from the recreational access and
inholding/emergencies and hardships lines to account for any
additional project cost need as identified on the fiscal year
2022 ranked project list.
National Park Service.--The Service is directed to report
to the Committees within 90 days of enactment of this Act on
a strategy for obligating balances in the State Conservation
Grant formula and competitive programs from fiscal year 2018
and prior years that are not associated with any particular
State's allocation. The Service is further directed to submit
a report within 180 days of enactment of this Act detailing
the recommendations developed by a working group of
interested stakeholders to assist States in managing their
obligations and compliance responsibilities related to LWCF,
as addressed in Senate Report 116-123.
The Service requested and received approval to reprogram
Acquisition funds in fiscal year 2021 which adjusted projects
on the fiscal year 2022 agency priority list. The Service is
encouraged to use the non-project subactivity lines as
appropriate to complete any additional projects associated
with the reprogramming and subsequent adjustments, including
acquisitions at Harpers Ferry, Petroglyph, Congaree, and
Sleeping Bear Dunes. The Ste. Genevieve National Historical
Park was designated as a new park unit in October 2020 and
the Service is encouraged to provide outreach to the
community so that interested stakeholders are aware of
available acquisition funding opportunities.
Forest Legacy Program.--The Forest Service is directed to
use a portion of unobligated balances from fiscal year 2018
and prior years as needed to complete all of the projects
listed in the table accompanying this explanatory statement.
Use of additional unobligated balances may be proposed in
accordance with the Committees' established reprogramming
guidelines for projects included in the supplemental list
submitted to the Committees pursuant to Public Law 116-220
but not specifically listed in the table.
reprogramming guidelines
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department
of the Interior, Environment, and Related Agencies
Appropriations Act. The agencies funded in this Act are
reminded that these reprogramming guidelines are in effect,
and must be complied with, until such time as the Committees
modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one
budget activity, budget line-item, or program area to another
within any appropriation funded in this Act. In cases where
either the House or Senate Committee on Appropriations report
displays an allocation of an appropriation below that level,
the more detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes all proposed reorganizations or
other workforce actions detailed below which affect a total
of 10 staff members or 10 percent of the staffing of an
affected program or office, whichever is less, even without a
change in funding. Any change to the organization table
presented in the budget justification shall also be subject
to this requirement.
Agencies are reminded that this agreement continues
longstanding General Guidelines for Reprogramming that
require agencies funded by this Act to submit reorganization
proposals for the Committees' review prior to their
implementation. It is noted that such reprogramming
guidelines apply to proposed reorganizations, workforce
restructure, reshaping, transfer of functions, or bureau-wide
downsizing and include closures, consolidations, and
relocations of offices, facilities, and laboratories. In
addition, no agency shall implement any part of a
reorganization that modifies regional or State boundaries for
agencies or bureaus that were in effect as of the date of
enactment of this Act unless approved consistent with the
General Guidelines for Reprogramming procedures specified
herein. Any such reprogramming request submitted to the
Committees on Appropriations shall include a description of
anticipated benefits, including anticipated efficiencies and
cost-savings, as well as a description of anticipated
personnel impacts and funding changes anticipated to
implement the proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval will be
considered as expeditiously as possible, and the Committees
remind the agencies that in order to process reprogramming
requests, adequate and timely information must be provided.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected
programs or projects, whichever amount is less, with the
following exceptions:
[[Page H2479]]
(a) With regard to the Tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than
60 days after the end of the fiscal year.
(b) With regard to the EPA, the Committees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants or up to a cumulative total of $5,000,000
from carryover balances among the individual program areas
delineated in the Environmental Programs and Management
account, with no more than $1,000,000 coming from any
individual program area. No funds, however, shall be
reallocated from individual Geographic Programs.(c) With
regard to the National Park Service, the Committees do not
require reprogramming requests associated with the park base
within the Park Management activity in the Operation of the
National Park System Account. The Service is required to
brief the House and Senate Committees on Appropriations on
spending trends for the park base within 60 days of enactment
of this Act.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to
a budget activity or budget line item for costs associated
with general agency administrative costs, overhead costs,
working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees in the budget
justifications and are subsequently approved by the
Committees. The explanation for any assessment in the budget
justification shall show the amount of the assessment, the
activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process and
shall be subject to the same dollar and reporting criteria as
any other reprogramming.
(c) Each agency or bureau which utilizes assessments shall
submit an annual report to the Committees, which provides
details on the use of all funds assessed from any other
budget activity, line item, subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or
limited by Congress or to finance programs or activities that
could be foreseen and included in the normal budget review
process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees. This restriction
applies to all such actions regardless of whether a formal
reprogramming of funds is required to begin the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall
be reported to the Committees within 60 days of the end of
each quarter and shall include cumulative totals for each
budget activity or budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value, as addressed in section 301(3) of Public Law 91-646,
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had 30 days in which to examine the proposed exchange.
In addition, the Committees shall be provided advance
notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the Committees.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
Management of Lands and Resources (MLR).--The bill provides
$1,281,940,000 for the Management of Lands and Resources
appropriation. All programs and activities are funded at the
amounts enacted in fiscal year 2021 unless otherwise
specified below or in the table at the end of this division.
Fixed costs are provided. The Bureau is expected to comply
with the instructions and requirements at the beginning of
this division and in House Report 117-83 unless otherwise
specified below. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein.
Wild Horse and Burro Program.--The bill provides
$137,093,000 for the Wild Horse and Burro program, of which
up to $11,000,000 shall be used for administration of and
research on reversible immunocontraceptive fertility control.
This agreement continues support for the Bureau's May 2020
report on achieving a sustainable program through an
aggressive, non-lethal population control strategy and
emphasizes the need for adequate staffing to execute the
program. The Bureau is expected to continue and expand
efforts in line with the May 2020 report. Along with the
directives in House Report 117-83, this includes increased
gathers which will also help implement the vaccine strategy,
improving on-range removal capacity, and securing a greater
number of less costly and longer-term off-range holding
facilities and pastures. The Bureau is strongly encouraged to
leverage funding through public-private partnerships with the
help of the Foundation for America's Public Lands. The Bureau
shall continue to abide by the Comprehensive Animal Welfare
Program and the statutory restrictions on sale without
restriction. Direction for a Wild Horse and Burro Task Force
and regular and timely briefings are outlined in the
beginning of this division and in the Office of the
Secretary.
Wildlife Habitat Management.--The agreement provides
$140,747,000 which includes $10,600,000 for Plant
Conservation and Restoration, $70,000,000 for sage-grouse
habitat, and $31,000,000 for Threatened and Endangered
Species. The Bureau is encouraged to ramp up its use of
reporting tools to gain a better understanding of completed
recovery efforts and to provide annual species expenditure
reporting information to the U.S. Fish and Wildlife Service.
Recreation Management.--The agreement provides $78,928,000
which includes $3,097,000 for National Wild and Scenic Rivers
and $6,547,000 for National Scenic and Historic Trails.
Energy and Minerals.--The agreement provides $216,535,000.
Legacy Wells.--The agreement provides no less than
$22,100,000 for legacy well remediation to maintain program
capacity and continue progress toward cleanup of the next
cluster of legacy wells in need of remediation. The report,
``National Petroleum Reserve in Alaska: 2020 Legacy Wells
Strategic Plan,'' is appreciated, as is the Bureau's
continued commitment to coordinate with State and local
regulators.
Locatable Minerals.--Any Bureau review of regulations on
mineral production should include regulations governing
locatable mineral activities.
Oil and Gas Management.--The Bureau is directed to brief
the Committees on the Department's review of the onshore oil
and gas leasing program and any planned actions as a result
of it within 120 days of enactment of this Act. Further, the
Bureau is directed to increase staffing and resources
necessary to support improvements to the oil and gas program.
Renewable Energy.--The agreement directs the Bureau to
brief the Committees within 90 days of enactment of this Act
on any planned rulemakings and how those interact with or
support the directives contained in Public Law 116-260 on
renewable energy and the competitive leasing rule.
Resource Protection and Maintenance.--The agreement
provides $136,140,000 which includes $3,343,000 for abandoned
mine land sites.
Transportation and Facilities Maintenance.--The agreement
provides $79,035,000 which includes $100,000 for fleet
related infrastructure.
Workforce and Organizational Support.--The agreement
provides $165,875,000 which includes $400,000 for Diversity,
Equity, Inclusion and Accessibility.
National Landscape Conservation System.--The agreement
provides $49,274,000 and expects that this increase will
create capacity to initiate or revise management plans for
monuments such as Cascade-Siskiyou National Monument, Rio
Grande del Norte National Monument, and address other high
priority areas.
Other Directives.--
Budget Structure.--The Bureau should consider a budget
restructure to include a dedicated trails budget line item or
to include congressionally-designated rivers and trails as
component subactivities within the National Landscape
Conservation System.
Bicycle Accessible Trails.--The Bureau is encouraged to
identify and complete more plans to enhance bicycle
opportunities on BLM trails in locations where those uses are
appropriate and conducted in accordance with the applicable
land management plan, particularly in states such as New
Mexico, Colorado, and Nevada.
Bonneville Salt Flats.--The Bureau and the State of Utah
have a shared interest in the long-term sustainability of the
Bonneville Salt Flats and entered into a memorandum of
understanding in April 2020 to improve coordination of
planning and management for the area. The Bureau is directed
to brief the Committees within 45 days of enactment of this
Act on the progress in this effort, including what financial
support the Bureau either has or intends to provide and the
elements of the Bureau's restoration strategy.
Circumpolar Wildland Fire.--The Bureau is directed to
collaborate with the Arctic Council to promote international
cooperation and sharing of knowledge, resources, and training
across the Arctic region to respond to increased wildland
fire activity due to climate change.
Coos Bay Wagon Road Lands.--The agreement expects the
Bureau to fully cooperate with the appraisal committee to
determine whether the county payments are being made in
accordance with the Coos Bay Wagon Road Act (Public Law 76-
85). The land
[[Page H2480]]
should be appraised in a manner that reflects the differences
in how Coos Bay Wagon Road Grant lands are managed compared
to private lands of similar character, including restrictions
on timber activities. Sudden Oak Death treatments are to
continue at current levels.
National Trails.--In coordination with its trail partners,
the Bureau is directed to update exhibits at its trail
interpretive centers to reflect these themes and provide a
project list within 120 days of enactment of this Act.
Funding for the Pacific Crest National Scenic Trial and
Iditarod National Historic Trail should be maintained at not
less than the enacted level. The agreement supports the
concept of the proposed ``Alaska Long Trail,'' which will
interconnect Alaska communities from Seward to Fairbanks,
providing direct economic benefit and expanded recreational
access and expects the Bureau to offer material support as
the effort takes shape.
Public Lands Policy.--Within available funds, the agreement
supports efforts by the Bureau to work with a land grant
university to create a framework for assessment, inventory,
and monitoring of social and economic data related to how
individuals and communities are affected by public lands
management decisions. The Bureau should also take steps to
understand how to use focused data gathered from social
science best management practices to improve the public
engagement process, including engagement on environmental
justice and underrepresented populations. These efforts will
assist urban and rural communities, policymakers, resource
managers, and resource users to engage effectively in the
public land policy process.
Range Management.--The Bureau is directed, to the greatest
extent practicable, to make vacant grazing allotments
available to a holder of a grazing permit or lease when lands
covered by the holder of the permit or lease are unusable
because of drought or wildfire. The Bureau is encouraged to
improve the management of active allotments and reduce any
backlog of permits. The Bureau is directed to brief the
Committees within 90 days of enactment of this Act on
progress made towards reviewing permits currently in the
backlog. The Bureau will continue the quantitative, science-
based analysis of the risk of disease transmission between
domestic and bighorn sheep required in the explanatory
statement accompanying the Consolidated Appropriations Act,
2016 (Public Law 114-113).
Signage for Wilderness Areas.--The Bureau is expected to
ensure that the public is adequately informed regarding the
lands protected as well as routes that are open or closed
with properly posted and maintained signage for the areas
protected by Public Law 116-9. To help inform the public, the
Bureau should properly post signage and conduct regular
reviews to ensure that signage is maintained, and in good
readable condition, and to replace any damaged or unreadable
signs in a timely manner.
Southern Nevada Public Land Management Act (SNPLMA).--Funds
from the SNPLMA account are to be used for activities
authorized under Public Law 105-263.
Tribal Coordination on Energy.--The Bureau is directed to
continue to fulfill its fiduciary trust responsibilities by
coordinating with Fort Berthold Tribal authorities for
activities that impact the Fort Berthold Reservation.
oregon and california grant lands
The bill provides $117,283,000 for the Oregon and
California Grant Lands appropriation. Specific allocations at
the activity and subactivity level are contained in the table
at the back of this explanatory statement. The Bureau is
directed to continue the fire protection agreement with the
State of Oregon to maintain or enhance the current level of
fire protection for BLM-managed lands in Western Oregon; to
aggressively target hazardous fuels treatments and report
annually on the amount spent, as well as the scope of
hazardous fuels management required across Oregon and
California Grant Lands; and to regularly report its timber
sale accomplishments for sales that have been sold and
awarded rather than merely offered for sale. The Bureau is
expected to report these activities in a manner consistent
with the U.S. Forest Service and only count awarded volume.
Sudden Oak Death Syndrome.--The agreement provides funding
adequate to continue efforts at fighting Sudden Oak Death
syndrome.
range improvements
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands
grazing receipts.
service charges, deposits, and forfeitures
The bill provides an indefinite appropriation estimated to
be $30,000,000 for Service Charges, Deposits, and
Forfeitures.
miscellaneous trust funds
The bill provides an indefinite appropriation estimated to
be $26,000,000 for Miscellaneous Trust Funds.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
The bill provides $1,451,545,000 for Resource Management.
All programs and activities are funded at the amounts enacted
in fiscal year 2021 unless otherwise specified below or in
the table at the end of this division. Fixed costs are
provided. The Service is expected to comply with the
instructions and requirements at the beginning of this
division and in House Report 117-83 unless otherwise
specified below. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein.
The Service is expected to comply with language contained
in the explanatory statement accompanying Public Law 116-260,
the Consolidated Appropriations Act, 2021 regarding
Traditional Knowledge, Subsistence Activities, Polar Bear
Tourism, Continued Funding Prohibitions, Sea Otters, and
Ozark Hellbender. The agreement reiterates the direction in
House Report 117-83 and the explanatory statement
accompanying Public Law 116-260 regarding American red
wolves. In addition, language contained in Senate Report 116-
123 subtitled Native Handicrafts, Central Everglades Planning
Project, Loxahatchee National Wildlife Refuge, Wildlife
Trafficking, Invasive Species, and Unknown Florida Panther
Disorder is restated. The agreement reiterates that the
Service's 2016 regulation does not apply to Alaska Native
handicrafts made from walrus ivory and mammoth ivory.
Ecological Services.--The agreement provides $277,409,000
for programs and activities within Ecological Services,
including $21,279,000 for listing.
Planning and Consultation.--The agreement provides
$112,092,000 which maintains $4,000,000 for Gulf Coast
restoration activities.
Conservation and Restoration.--The agreement provides
$35,666,000 for conservation and restoration activities which
includes $6,220,000 for Marine Mammals with the increase
directed toward manatees. The Service is expected to complete
the survey and stock assessment of northern sea otters in
Southeast Alaska and assess this population relative to the
optimum sustainable level, improve management strategies, and
document ecological impacts of sea otters. Upon finalization
of this report, the Service shall transmit the report to the
Committees. The agreement includes a $500,000 reduction as
requested.
Geospatial Data.--The agreement encourages the Service to
work with partners to develop a geospatial index that
includes tools to combine information from a wide variety of
datasets into a single compatible framework, while protecting
sensitive data and landowner information, in order to protect
the Great Plains grassland habitat and the species that rely
on them.
Conservation Banking Report.--The Service is directed to
report back within 60 days of enactment of this Act on the
status of meeting the directive in section 329 of the William
M. (Mac) Thornberry National Defense Authorization Act, 2021
(Public Law 116-283), related to issuing regulations for
wildlife conservation banking programs.
Recovery.--The agreement provides $108,372,000 for
activities in support of the recovery and delisting of
threatened and endangered species which includes: $3,750,000
for the State of the Birds; $1,300,000 for the Prescott Grant
program; and $1,000,000 for the wolf-livestock demonstration
program. The agreement supports focused efforts by the
Service to prevent extinction of the most critically
endangered species, particularly keystone species because of
the significant impact they have on ecosystem health, but
reminds the Service of the critical importance of continuing
to reduce the backlog of 5-year reviews and associated
inherently Federal responsibilities.
The agreement provides $9,500,000 for Recovery Challenge
matching grants. Recovery Challenge grants are to be used to
develop and update recovery plans and implement high priority
recovery actions as prescribed in recovery plans to recover
federally listed species. Actions should include, but are not
limited to, genetically-sound breeding, rearing, and
reintroduction programs. Longstanding partnerships, including
for the northern aplomado falcon and California condor, would
be funded at no less than their current levels, and partner
contributions should be no less than their current amounts
and provide at least a 50:50 partner match, which may include
in-kind services. The remaining funds should be dedicated to
new partnerships and should require at least a 50:50 partner
match, which may include in-kind services. Unless an affected
State is a partner on the project, no funds may be awarded to
a project until the project partners have consulted with such
State. Program direction contained in House Report 117-83
regarding working with the National Fish and Wildlife
Foundation remains in effect.
Florida Grasshopper Sparrow.--The Service is directed to
continue to support the Florida grasshopper sparrow recovery
efforts and the captive breeding program as managed by its
conservation partners as referenced in Senate Report 116-123
and the agreement provides $200,000.
Western Monarch Butterfly Populations.--Western monarch
populations are in decline and the agreement provides no less
than $4,000,000 across the account for western monarchs and
pollinator recovery. Further, the Service is directed to
provide a report within 120 days of enactment of this Act on
whether there are Service-managed lands that could serve as
milkweed habitat corridors for migrating western monarchs.
Habitat Conservation.--The agreement provides $71,331,000
for habitat conservation programs, of which $57,715,000 is
for the Partners
[[Page H2481]]
for Fish and Wildlife program and $13,616,000 is for the
Coastal Program. The agreement provides $1,750,000 for the
Chesapeake Bay nutria eradication project.
Klamath Restoration.--The Service is directed to consider
additional activities that could be undertaken to recover
endangered and threatened species, restore habitat, and
improve the health of the Klamath Basin National Wildlife
Refuges with the funds provided in fiscal year 2022 and
during the fiscal year 2023 budget formulation. The Service
is encouraged to continue to coordinate with the Bureau of
Reclamation where appropriate and consult with Tribes. Within
Habitat Conservation, the agreement provides no less than the
fiscal year 2021 enacted level for Klamath River habitat
restoration.
National Wildlife Refuge System.--The agreement provides
$518,761,000 for the National Wildlife Refuge System.
Wildlife and Habitat Management.--The agreement provides:
$15,925,000 for invasive species to focus on high priority
invasive species including nutria, buffelgrass, and
cheatgrass; $1,750,000 for the Chesapeake Bay nutria
eradication project; $500,000 to help refuges improve water
efficiency in order to maintain, improve, replace and upgrade
refuge infrastructure on areas such as the Quivira National
Wildlife Refuge; $2,000,000 for Marine National Monuments
including $700,000 for the Northeast Canyons and Seamounts
Marine National Monument; $23,924,000 for inventory and
monitoring including no less than $2,000,000 for western
monarchs and pollinators. Focusing on chronic wasting disease
is encouraged.
In lieu of the direction in House Report 117-83 regarding
changes to trapping practices, the Service is directed to
conduct an evaluation of trapping practices on Service lands
in collaboration with the U.S Department of Agriculture,
Wildlife Services and to brief the Committees on their
findings including information regarding alternative non-
lethal methods and equipment that may be used to remove
invasive species or native pest species that behave like
invasive species. House directives regarding signage and
annual reporting are continued.
Chesapeake Marshlands National Wildlife Refuge Complex.--
The Service's collaboration with non-Federal partners to
develop and implement the Blackwater 2100 ``A Strategy for
Salt Marsh Persistence in an Era of Climate Change'' is
supported as is the Service's ability to implement the
strategy while providing hunting, fishing, and other
recreational opportunities where compatible. Ongoing
engagement with the surrounding local communities will be the
key to successful implementation and community support. The
Service is also encouraged to sufficiently staff the refuge
complex which has not had a full-time refuge manager in four
years.
Visitor Services.--The agreement includes $77,237,000 which
includes $6,000,000 for the Urban Wildlife Refuge Partnership
program.
Refuge Management Plans.--The Service is encouraged to
prioritize updating refuge management plans that predate the
National Wildlife Refuge Improvement Act of 1997, to improve
the management of refuges in a manner consistent with the
strategic vision of the National Wildlife Refuge System.
Conservation and Enforcement.--The agreement provides
$164,721,000 for other conservation and enforcement programs
as described below.
Migratory Bird Management.--The agreement provides
$49,568,000 which includes $29,921,000 for Conservation and
Monitoring of which $600,000 is to manage bird-livestock
conflicts; and $15,562,000 is for the North American
Waterfowl Management Plan/Joint Ventures program.
Law Enforcement.--The agreement provides $89,788,000 for
law enforcement activities, including a $1,000,000 general
program increase to help combat illegal global wildlife
trafficking and implement the Lacey Act, and $3,500,000 to
continue the Service's work with the Indian Arts and Crafts
Board to combat international trafficking of counterfeit arts
and crafts and to conduct criminal investigations of alleged
violations of the Indian Arts and Crafts Act.
International Affairs.--The agreement provides $25,365,000
including $9,899,000 for International Conservation and
$15,466,000 for International Wildlife Trade. Funds are
provided to continue progress on the electronic permit
application and processing system. The Theodore Roosevelt
Genius Prizes for technological innovation to help conserve
and manage wildlife is maintained at the fiscal year 2021
enacted level. A reduction of $550,000 is included in
accordance with instructions as outlined in House Report 116-
448.
The Service is directed to provide the briefing required in
the explanatory statement accompanying Public Law 116-94 on
its current policy for sport-hunted trophies and its analysis
on exporting countries' conservation programs and species
survival within 60 days of enactment of this Act.
Fish and Aquatic Conservation.--The agreement provides
$220,826,000 for fish and aquatic conservation programs.
National Fish Hatchery System Operations.--The agreement
provides $71,776,000 which includes: $3,750,000 for Klamath
Basin restoration activities and directs the Service to work
with the affected Tribes on fish restoration activities;
$4,700,000 for mitigation of the Pacific Salmon Treaty and
directs the Service to work in cooperation with State fish
and game agencies and which includes $1,556,000 for
implementation of the Yukon River Salmon Agreement and
funding for anadromous salmonids. The Service is directed to
continue to work in cooperation with State fish and game
agencies on marking of anadromous fish and the agreement
maintains funding for mass marking at the fiscal year 2021
enacted level. None of the funds provided under this
subactivity may be used to terminate operations or to close
any facility of the National Fish Hatchery System. None of
the production programs listed in the March 2013 National
Fish Hatchery System Strategic Hatchery and Workforce
Planning Report may be reduced or terminated without advance,
informal consultation with affected States and Tribes.
A $5,000,000 increase is provided for the Warm Springs Fish
Health Center (FHC) which provides disease diagnosis,
biosecurity and disease management, disease treatment and
prevention, fish health inspection services for Federal,
State, and Tribal hatcheries responsible for production of
salmonids and warm water species for recovery, restoration,
and recreational fisheries, and inspection and certificates
for the National Triploid Grass Carp Protection.
Habitat Assessment and Restoration.--The agreement provides
$46,326,000, which includes $10,500,000 to implement the
Delaware River Basin Conservation Act which is supplemented
by $5,200,000 provided in Public Law 117-58 for fiscal year
2022; $18,598,000 for the National Fish Passage Program which
is supplemented by $40,000,000 provided in Public Law 117-58
for fiscal year 2022; and $5,750,000 to implement Klamath
Basin restoration activities.
Population Assessment and Cooperative Management.--The
agreement provides $33,965,000 which includes $2,000,000 for
Great Lakes Fish and Wildlife Restoration Act grants;
$890,000 for Great Lakes Consent Decree; $818,000 for the
Lake Champlain Sea lamprey program; and $750,000 from within
available funds for snakehead eradication.
Connecticut River Atlantic Salmon Commission.--The
agreement provides $500,000 for the Connecticut River
Atlantic Salmon Compact, as authorized in Public Law 98-138,
for research, monitoring, conservation, and habitat
restoration work related to this high-priority watershed.
Aquatic Invasive Species.--The agreement includes
$42,713,000 for aquatic invasive species programs, of which:
$2,319,000 is for Prevention; $4,338,000 is to implement
subsection 5(d)(2) of the Lake Tahoe Restoration Act which is
supplemented by $3,400,000 provided in Public Law 117-58 for
fiscal year 2022; $25,200,000 is for invasive carp as
outlined in House Report 117-83 and Senate Report 116-123
including not less than $3,200,000 for contract fishing;
$2,834,000 for NISA State Plans and $1,566,000 for NISA
implementation which help control the spread of invasive
carp; $3,500,000 is to prevent the spread of quagga and zebra
mussels; $1,000,000 is for research on hydrilla, eel, and
milfoil invasive grasses; and $1,011,000 is for Great Lakes
Sea Lamprey administration costs.
The Service is expected to continue to pursue methods for
invasive species control that do not result in the addition
of chemical agents to the ecosystem and harmful secondary by-
products such as algal blooms, as directed in the explanatory
statement accompanying Public Law 116-260.
Cooperative Landscape Conservation.--The agreement includes
$12,802,000 for Landscape Conservation Cooperatives (LCCs).
On February 1, 2022, the Service submitted a report
regarding landscape conservation; however, the report was not
responsive to the directive contained in the explanatory
statement accompanying Public Law 116-260. The information
requested on historic and present-day staffing and funding
allocations, the status of the 22 LCCs, and the transition of
the LCC activities is still expected. The Service is directed
to report quarterly to the Committees on the allocation of
fiscal year 2022 resources to address landscape scale
conservation, partnerships, staffing, project funding, and
technical assistance. The fiscal year 2023 budget request
should include a revised account structure to better reflect
the direction of the Science Applications Programs instead of
using subactivities that no longer represent the program.
Science Support.--The agreement provides $23,233,000 for
the Science Support program, which includes $3,500,000 for
white nose syndrome; the fiscal year 2021 enacted level for
Gulf Coast ecosystem restoration; $4,000,000 for Chesapeake
WILD; and $2,000,000 for research on western monarch
butterflies and other pollinators. Best practices developed
in response to white nose syndrome are directed to be applied
in response to other new and emerging high-risk wildlife
diseases. The Service should also continue, along with the
U.S. Geological Survey, to lead and implement the North
American Bat Monitoring Program in association with other
Federal natural resource management agencies and offices,
States, Tribes, and non-governmental partners.
Stewardship Priorities.--The agreement provides $6,813,000
in congressionally directed spending for stewardship projects
to further conservation goals. Further detail on these
projects is provided in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items''' accompanying this
explanatory statement.
General Operations.--The agreement provides $155,649,000
for general operations which includes an increase of $400,000
for diversity.
The agreement continues support for the Everglades at not
less than the fiscal year 2021 enacted level.
[[Page H2482]]
construction
(including rescission of funds)
The bill provides $12,847,000 for Construction and includes
fixed costs, $150,000 for fleet related infrastructure, and a
rescission of $1,240,000 from prior year unobligated
balances. The agreement continues to support the Service's
objective priority-setting process and expects the Service to
follow its project priority list with the funds provided.
When a construction project is completed or terminated and
appropriated funds remain, the Service may use those balances
to respond to unforeseen reconstruction, replacement, or
repair of facilities or equipment damaged or destroyed by
storms, floods, fires, and similar unanticipated natural
events. The detailed allocation of funding by activity is
included in the table at the end of this explanatory
statement.
cooperative endangered species conservation fund
(including rescission of funds)
The bill provides $24,064,000 in discretionary funding from
the Cooperative Endangered Species Conservation Fund for
conservation grants, habitat conservation planning grants,
and program administration. In addition, the bill allocates
$32,800,000 in mandatory funding from the Land and Water
Conservation Fund for species recovery and habitat
conservation plan land acquisitions. The bill also includes a
rescission of $945,000 from prior year unobligated balances.
Detailed tables of funding recommendations below the account
level are provided at the end of this report.
national wildlife refuge fund
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
north american wetlands conservation fund
The bill provides $48,500,000 for the North American
Wetlands Conservation Fund.
neotropical migratory bird conservation fund
The bill provides $5,000,000 for the Neotropical Migratory
Bird Conservation Fund.
multinational species conservation fund
The bill provides $20,000,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
state and tribal wildlife grants
The bill provides $72,612,000 for State and Tribal Wildlife
Grants which includes $59,250,000 for State Wildlife Formula
grants, $7,362,000 for State Wildlife Competitive grants, and
$6,000,000 for Tribal Wildlife grants.
National Park Service
operation of the national park system
The bill provides $2,767,028,000 for Operation of the
National Park System (ONPS), $78,741,000 above the enacted
level and $210,301,000 below the budget request. For this and
all other Service accounts funded in this bill, the Service
is expected to comply with the instructions and requirements
at the beginning of this division and in House Report 117-83,
unless otherwise specified below. Additional details,
instructions, and requirements follow below and in the table
at the end of this division.
The Service is expected to execute its spending at the
levels provided. The Service may not redistribute the
recommendations in a fiscal year 2022 operating plan. The
Committees appreciate the Service's initial efforts to
identify spending trends within park base to help increase
fidelity to park management increases. The Service is
directed to continue to refine the Operation of the National
Park Service Realignment and collaborate with the Committees
with the goal to develop an updated methodology to improve
the budgeting process.
The agreement provides fixed costs and funding for New
Responsibilities at New and Existing Park Areas. Additional
funding guidance is provided below.
Resource Stewardship.--The bill includes: $4,900,000 for
the Partnership Wild & Scenic Rivers program and other
similarly managed rivers; $2,000,000 for Active Forest
Management; $5,000,000 for Quagga and Zebra Mussel programs;
$800,000 for Cave and Karst Ecosystem Research; $400,000 for
Recreational Access--Support Alaska Subsistence; and
$16,856,000 for the National Trails System. The agreement
provides $8,825,000 for the National Networks. Within this
amount, the African American Civil Rights Network is funded
at the requested level of $5,375,000 and the National
Underground Railroad Network to Freedom is funded at
$2,500,000.
Visitor Services.--The bill accepts the proposed reduction
for non-recurring funding to support the 2021 Presidential
Inauguration and provides the requested increase for the
Commemorations Office. Funding is provided at the enacted
level for Recreational Access--Recreational Fishing, and the
National Capital Area Performing Arts Program. The Service is
encouraged to look for ways to leverage resources and
maximize support for the Every Kid Outdoors Program. The
agreement includes $14,546,000 for activities that support
programs like the Indian Youth Service Corps, the American
Sign Language Conservation Corps, the Ancestral Lands
Conservation Corps, Historically Black Colleges and
Universities Internship Program, the Latino Heritage
Internship Program, and the Scientists in Parks program. This
is a $3,000,000 increase over enacted.
Park Protection.--The bill provides funding as requested
for the Statue of Liberty NM Security Contract, $3,000,000
for United States Park Police Workforce Capacity, and the
$4,100,000 requested for equipment. All other activities are
funded at no less than the enacted level.
Facility Operations and Maintenance.--The proposed
reduction for DC Water and Sewer is accepted.
Park Support.--The proposed transfers have been accepted
and $400,000 is provided for the Diversity, Inclusion, and
Compliance initiative. Funding for the Semiquincentennial
Commission is provided in a separate account outside of the
Service's budget, in accordance with the budget request.
Global Positioning System Modernization.--The agreement
provides $4,000,000 for the replacement of Global Positioning
System (GPS) data collection devices used by the Service for
facilities planning, lands administration, visitor safety,
and infrastructure protection.
National Park Foundation.--The agreement provides
$5,000,000 for the National Park Foundation, equal to the
fiscal year 2021 level.
Funding is provided at the requested level for the
Roosevelt-Campobello International Park and the Katahdin
Woods and Waters National Monument. Increases are also
supported for the Honouliuli National Historic Site, the
Pearl Harbor National Memorial, Coltsville National Historic
Park, the Chesapeake Bay Office, and America's newest
National Park, the New River Gorge National Park and
Preserve.
Additional Guidance.--The following additional guidance is
included:
Appalachian National Scenic Trail.--The Appalachian
National Scenic Trail is a 2,190-mile linear park stretching
through 14 states and 88 counties--more than any other unit
of the National Park System. The Appalachian National Scenic
Trail draws visitors from all over the United States and the
world, bolstering the economy of the communities around the
trail. The Committees are aware that the Trail is
experiencing increased visitation and encourages the Service
to include sufficient resources in future budget requests to
meet its expanded visitor services, law enforcement,
compliance, and land acquisition requirements.
Blackstone River Valley National Historical Park.--Within
the funds provided for Park Support, the Committees support
funding increases for Blackstone Valley National Historical
Park with the expectation that the Service will continue to
make funds available to the local coordinating entity to
maintain staffing and capacity to assist in management of the
park, as authorized in Public Law 113-291. The Committees
encourage the Park to work with partners to provide safe
recreational access along the Blackstone River and emphasize
the importance of the river through continuous access,
citizen science, and interpretive programming at the park.
The Service is directed to continue its work to complete a
General Management Plan for the Park, as required by Public
Law 113-291, and to prioritize activities that will advance
development of the Park, including the acquisition of Slater
Mill's historic dam.
Continued Directives.--The Committees continue the
directives regarding Director's Order 21, Roosevelt-
Campobello International Park, and Katahdin Wood and Waters
National Monument contained in Senate Report 116 123.
Diversity in Hiring.--The Service is directed to focus on
building a workforce that reflects the diversity of America.
National Trails System.--The Committees understand the
importance of providing adequate funding to develop and
maintain the National Trails System for future generations to
enjoy. The Committees urge the Service to continue its
efforts to support construction and maintenance projects and
volunteer coordination efforts, including activities in
support of non-unit National Scenic Trails.
NATIONAL RECREATION AND PRESERVATION
The bill provides $83,910,000 for national recreation and
preservation, $9,753,000 above the enacted level and
$9,396,000 below the budget request. The amounts recommended
by the Committees compared with the budget estimates by
activity are shown in the table at the end of this
explanatory statement.
Cultural Programs.--The bill provides $2,157,000 for Native
American Graves Protection and Repatriation Grants;
$3,405,000 for Japanese Confinement Site Grants; and,
$2,750,000 for the competitive grant program authorized by
the 9/11 Memorial Act (Public Law 115-413). Funding is
recommended for financial assistance to nonprofit
organizations or institutions for the purpose of supporting
programs for Native Hawaiian or Alaska Native culture and
arts development at a total program level of $1,500,000, an
increase of $250,000 to the enacted level, which is provided
to support both continued program levels and encourage new
entities to apply. The bill provides the requested one-time
funding for the Oklahoma City Memorial Endowment.
Heritage Partnership Programs.--The agreement provides
$27,144,000 for the Heritage Partnership Program. The
directive contained in the explanatory statement that
accompanied Public Law 116-6 with regards to funding
distribution is continued. Due to
[[Page H2483]]
concerns that efforts to complete management plans have been
delayed due to COVID-19, the Committees note that areas that
have not completed their management plan continue to be
eligible for funding regardless of the status of their
management plan.
HISTORIC PRESERVATION FUND
The bill provides $173,072,000 for historic preservation,
$28,772,000 above the enacted level and $21,272,000 above the
budget request.
Competitive Grants.--The bill provides $21,750,000 for the
African American Civil Rights Grants, as requested.
Additionally, $4,625,000 is provided for the History of Equal
Rights grants and $1,250,000 for grants to underserved
communities.
Paul Bruhn Historic Revitalization Grants.--The bill
provides $10,000,000 for historic revitalization grants and
retains the directives regarding the distribution of funding
included in Senate Report 116-123.
Save America's Treasures.--The Save America's Treasures
program is provided $26,500,000. The Committees support this
program because of its important role in providing
preservation and conservation assistance to nationally
significant historical properties and collections, including
historic courthouses.
Semiquincentennial Preservation Grants.--The bill provides
$10,000,000 for the Service to assist states in preparing for
the upcoming Semiquincentennial celebration and to celebrate
the Nation's history. Funds from this allocation should be
used for a competitive grant program to support the
restoration of sites that honor the 250th anniversary of the
country's founding, including Revolutionary War monuments.
Priority should be given to state-owned sites. A site must be
listed in, or be eligible to be listed in, the National
Register of Historic Places in order to be eligible.
CONSTRUCTION
The bill provides $225,984,000 for construction, $2,077,000
above the enacted level and $52,579,000 below the budget
request.
Line-Item Construction.--Funding for line-item construction
projects is provided as outlined in the table contained in
House Report 117-83.
Ocmulgee River Corridor.--The Committees support the
Service's initiation of the Ocmulgee River Corridor Special
Resource Study to evaluate its potential for designation as a
national park unit and directs the Service to complete the
report in a timely manner.
Ste. Genevieve National Historical Park.--Within 90 days of
enactment of this Act, the Service is directed to provide the
Committees a report detailing the planned repair,
rehabilitation, and restoration work at the Ste. Genevieve
National Historical Park during the next four fiscal years.
CENTENNIAL CHALLENGE
The bill provides $15,000,000 for the Centennial Challenge
matching grant program, equal to the enacted level and the
budget request.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,394,360,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). All programs and activities are funded
at the amounts enacted in fiscal year 2021 unless otherwise
specified below or in the table at the end of this division.
Fixed costs are provided. The Survey is expected to comply
with the instructions and requirements at the beginning of
this division and in House Report 117-83 unless otherwise
specified below. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein.
Ecosystems.--The agreement provides $277,897,000 as
outlined below.
Environmental Health Program.--The agreement provides
$26,489,000 for Environmental Health, which includes
$11,100,000 for Contaminant Biology and $15,389,000 for Toxic
Substances Hydrology. The agreement includes no less than
$2,750,000 for research on harmful algal blooms and
$2,700,000 for research on the transmission of per- and
polyfluoroalkyl substances (PFOA/PFAS) in watersheds and
aquifers. The Survey is to continue its research as directed
in House Report 117-83.
The bill provides $500,000 to continue competitively
awarding grants for applied research to develop a system for
integrating sensors. By working with partners, such as
academic institutions, small businesses, and other government
research organizations to submit innovative proposals to
perform complementary development of technologies, the Survey
can develop a convergent platform that enables existing and
future sensor technologies to be deployed in extreme
environments where real-time information is required.
Microplastics.--The Survey is developing a strategic vision
for its microplastics research, including a review of the
current science gaps and how Survey expertise and
capabilities can address those gaps. The Survey is encouraged
to brief the Committees on its findings after release.
Species Management Research Program.--The agreement
provides $55,418,000. There are long-term hydrological and
ecological challenges associated with saline lakes in the
Great Basin States and the Survey is encouraged to address
related science needs in tandem with the Integrated Water
Availability Assessment for saline lakes that is provided for
under the Water Resources mission area.
The Survey is directed to provide a briefing to the
Committees within 180 days of enactment of this Act on the
merits of funding phenology related efforts to collect,
maintain, and share information on seasonal timing to support
resource management, climate adaptation, agriculture, and
human health.
Land Management Research Program.--The agreement provides
$58,103,000 including $6,000,000 for Chesapeake Bay
activities.
Biological Threats and Invasive Species Research Program.--
The agreement provides $40,431,000 including $4,720,000 for
chronic wasting disease. In carrying out chronic wasting
disease research, the Survey should continue to collaborate
with institutions of higher education as directed in House
Report 117-83 and may consult, partner, or contract with the
Animal and Plant Health Inspection Service, the National
Academy of Sciences, State and Federal public and private
entities, and any chronic wasting disease task forces and
working groups. Collaboration should continue with partners
to develop early detection tools and compounds to disrupt
transmission of the disease. In particular, the agreement
encourages research and investment into carcass disposal
methods to mitigate the spread of chronic wasting disease,
and the Survey is urged to consult with the Environmental
Protection Agency, the Federal Emergency Management Agency,
Tribes, and States to develop recommendations for carcass
disposal methods that are compliant with relevant Federal
clean air and water and solid waste regulations. The Survey
is also encouraged to work in collaboration with the Fish and
Wildlife Service to aid State and Tribal wildlife agencies in
the application of existing human dimensions research to the
management and prevention of chronic wasting disease. Funding
is continued at the enacted level for white-nose syndrome
(WNS) research and the direction found in Senate Report 116-
123 is continued for WNS research. The agreement provides
$600,000 for coral disease and $11,000,000 for invasive carp
research, of which $3,000,000 is for research on grass carp.
The direction found in Senate Report 116-123 is continued for
invasive carp, coral disease, and invasive species research,
detection, and response efforts. Additional resources for
invasives species were provided in Public Law 117-58 to the
Office of the Secretary.
Climate Adaptation Science Center and Land Change Science
Program.--The agreement provides $71,450,000 of which
$51,903,000 is for the National and Regional Climate
Adaptation Science Centers including $2,000,000 for Tribal
climate adaptation science. The agreement also provides
$19,547,000 for Land Change Science which includes $150,000
for biological carbon sequestration.
Cooperative Research Units Program.--Cooperative Research
Units (CRUs) are funded at $26,006,000 in accordance with the
specifications outlined in House Report 117-83. Of the funds
provided, $250,000 is for research into the causes of
malignant melanomas affecting 25 percent or more of brown
bullhead (Ameiurus nebulosus) in some northern New England
waters and related fishery research at the host institution.
Great Lakes Science.--The Committees support Great Lakes
science and the USGS collaboration with the broader Great
Lakes Partnership to implement priority science. These
resources will ensure delivery of information needed for
Great Lakes management decisions. Funding for Great Lakes
Science is provided at no less than $14,000,000.
Energy and Mineral Resources.--The agreement provides
$95,223,000 for Energy and Mineral Resources. Mineral
Resources is funded at $63,737,000 which maintains
$10,598,000 for the critical minerals Earth Mapping Resources
Initiative (Earth MRI) and provides $3,774,000 for mine waste
research and to characterize mine waste as a potential source
for critical minerals. Energy Resources is funded at
$31,486,000 including $1,977,000 for geologic carbon
sequestration, a portion of which is to advance the
understanding of alkalinity sources of carbon mineralization
as outlined in House Report 117-83, $200,000 is for
geophysical data acquisition and $175,000 is for the
inventory of greenhouse gases.
Public Law 117-58 provides $64,000,000 in fiscal year 2022
for Earth MRI and funding to the Department of Energy (DOE)
for critical minerals research and the agreement urges USGS
to expand their collaboration with DOE in this field.
The Survey is expected to continue critical mineral mapping
efforts in Alaska, pursuant to the budget request, at no less
than the fiscal year 2021 enacted level and to brief the
Committees on such efforts within 90 days of enactment of
this Act.
The Survey is expected to provide the report on potential
initiatives to increase the domestic supply of critical
minerals as directed in the explanatory statement
accompanying Public Law 116-260.
Natural Hazards.--The agreement provides $185,998,000 for
the Natural Hazards Program, including $90,037,000 for
earthquake hazards. Within this funding, $28,600,000 is
included for continued development and expansion of the
ShakeAlert West Coast earthquake early warning (EEW) system.
Continued efforts to complete and operate the EEW system on
the West Coast are supported. Concerns remain regarding the
lack of knowledge and offshore real time instrumentation
available
[[Page H2484]]
for the Cascadia subduction zone. Our increased scientific
understanding of earthquakes and the ocean environment will
benefit from the wealth of offshore data collected and the
continued development of an early earthquake warning system
for the Cascadia system.
The agreement continues no less than the enacted level for
the national seismic hazard map, including for expansion to
Puerto Rico and the Virgin Islands, for regional networks to
operate and maintain recently acquired USArray stations, for
the Advanced National Seismic System (ANSS) and for regional
seismic networks including the Central and Eastern U.S.
Network. In addition, the agreement recognizes concern that
updates to the national seismic hazard maps do not
consistently include the entire country and urges the Survey
to update the maps for all 50 states and provides $500,000
for the maps for Puerto Rico and the Virgin Islands.
The agreement provides $33,282,000 for volcano hazards.
In 2019 the National Volcano Early Warning and Monitoring
System (NVEWS) was initiated. The Survey is completing the
two prerequisite steps to NVEWS expansion and upgrades and is
encouraged to accelerate the pace of these activities where
possible. The agreement provides $2,172,000 to begin
implementation of NVEWS as well as $1,800,000 for the Early
Warning System and $770,000 for Next Generation hazards
assessments.
Concerns remain that systems and equipment used to monitor,
detect, and warn the public of volcanic and seismic hazards,
including lahars and earthquakes on high-threat volcanoes,
are outdated and inadequate. The funding provided supports
efforts to repair, upgrade, and expand systems and equipment
that monitor, detect, and provide early warning of volcanic
hazards with a focus on high-threat volcanoes.
The agreement includes $8,929,000 for landslide hazards
which includes $750,000 for science outlined in House Report
117-83. In light of the increasing frequency of catastrophic
wildfires, the Survey is encouraged to prioritize efforts to
predict and reduce the risk of post-wildfire landslides.
The Survey is directed to continue to collaborate with the
National Oceanic and Atmospheric Administration and State and
local governments to assess landslide potential and hazards
and implement tsunami warning capabilities in Prince William
Sound, including through the use of physical instrumentation
or remote sensing technologies, particularly where the threat
of a landslide and tsunami presents the most serious risks to
Sound residents, visitors, and property. The Survey is
encouraged to expand this work to areas in Southeast Alaska
that have recently experienced landslides and will continue
to face the threat of devastating landslides. Further, the
Survey is directed to brief the Committees within 60 days of
enactment of this Act on what resources are needed to aid the
development and deployment of early warning technologies to
affected communities.
The agreement provides $7,212,000 for the Global
Seismographic Network; $4,673,000 for Geomagnetism including
$2,888,000 for the expansion of magnetometer observatories
and the fiscal year 2021 enacted level for the
magnetotelluric survey to advance the collection of
magnetotelluric observations of the Earth's naturally
occurring electric and magnetic fields in the U.S. regions;
and $41,865,000 for Coastal/Marine Hazards which includes
$10,674,000 for coastal hazards, $1,200,000 for coastal blue
carbon, and $950,000 for risk reduction and community
resilience.
Emergent Hazards.--Within 90 days of enactment of this Act,
the Survey is directed to brief the Committees on the need
and potential of partnering with universities for a scalable,
automated system that is capable of rapidly identifying
emerging hazard threats and their potential impacts using
remote sensing data to provide an impact model product
capable of identifying and supporting response to emergent
hazard threats.
Water Resources.--The agreement provides $285,894,000 for
Water Resources, with $65,529,000 for activities associated
with the Cooperative Matching Funds. Water Availability and
Use Science is funded at $64,501,000, which includes
$1,000,000 for the U.S. Mexico transboundary aquifer
assessment; $1,750,000 for research on water extraction for
bottling and a phased study as directed in House Report 117-
83; and $1,500,000 for the Survey's work with the Open ET
consortium and the Open ET software system.
The agreement includes $13,500,000 for integrated water
prediction to continue to utilize the best available
technology to develop advanced modeling tools, state-of-the-
art forecasts, and decision support systems and to
incorporate these capabilities into daily water operations.
The bill includes at least $2,000,000 to complete a
groundwater model-based decision support system to support
water sustainability decision-making and a basin-wide model
and monitoring program for irrigation water-use for the
Mississippi Alluvial Plain. In addition, the Survey is
provided funds to transition tools and resources produced
through the Mississippi Alluvial Plain project into resources
that support Integrated Water Availability Assessments in
targeted basins of interest including the Gulf of Mexico
Coastal Plain. The bill provides $4,975,000 for integrated
water availability assessments and includes no less than
$1,250,000 for the Survey to establish a regional Integrated
Water Availability Assessment study program to assess and
monitor the hydrology of saline lakes in the Great Basin and
the migratory birds and other wildlife dependent on those
habitats.
Groundwater and Streamflow Information is funded at
$110,651,000 which includes $500,000 to maintain operational
capacity within the existing super-gage network along the
Ohio River in basins containing unique geology, distinct
soils, and a significant agricultural presence. The agreement
also includes $25,215,000 for Federal priority streamgages
and $29,000,000 for the Next Generation Water Observing
System (NGWOS). The agreement provides resources necessary to
operate and maintain the fully deployed NGWOS in the Delaware
River Basin and the Survey is encouraged to continue to study
and monitor surface water and groundwater in the lower basin
of the Delaware River and to provide geologic mapping of the
basin in support of the pilot through the National Geologic
Mapping Program. The Survey is encouraged to partner, where
appropriate, with State and local government officials and
with the academic research community. Funding for NGWOS
includes $4,500,000 to work with universities to develop
innovative water resource sensor technologies that are
scalable to regional and national monitoring networks.
The agreement provides at least $1,500,000 for the Survey
to install streamgages on certain transboundary rivers,
including those at risk from mining pollution originating in
Canada, including in the Kootenai watershed; at least
$1,500,000 for implementation of the baseline strategy for
transboundary rivers, as outlined by the Survey's Water
Quality Baseline Assessment for Transboundary Rivers; and
$120,000 for the streamgage on the Unuk River. The Survey is
directed to continue to expand its streamgage monitoring of
transboundary watersheds and to work with the Environmental
Protection Agency to ensure the relevant equipment is
deployed to the Kootenai watershed to support the agency's
work to evaluate and reduce transboundary pollution. The
direction is continued that the Survey enter into a formal
partnership with local Tribes and other Federal agencies as
necessary in the area to develop a water quality strategy for
the transboundary rivers.
On-going monitoring of critical water budget components in
the Klamath Basin is critical to provide the information
needed to assess controls of inflow to Upper Klamath Lake
from surface water and groundwater, improve snowmelt
prediction, and forecast impacts of drought and other drivers
on water availability for both human and ecological uses and
the agreement provides $1,000,000 to expand this work.
Hydrological Science Talent Pipeline.--Robust participation
with universities in the hydrologic sciences is essential to
building a talent pipeline as well as building capacity to
support future hydrological research and operational efforts.
To support this, the agreement provides $2,000,000 within the
Water Availability and Use Science Program and $2,000,000
within the National Groundwater and Streamflow Information
Program above the enacted levels to pursue such cooperative
research agreements with an emphasis on locations where the
Survey has pending hydrological facilities as well as where
there are other Federal operational hydrologic resources.
The agreement includes $96,742,000 for the National Water
Quality program which includes $6,490,000 for harmful algal
bloom research. The agreement provides $1,600,000 to support
PFAS substances research. The Survey is directed to consult
with States and Tribes to determine priority mapping areas
for PFAS contamination. Within funds provided, the Survey is
directed to prioritize advanced testing capable of detecting
suites of PFAS compounds and individual PFAS chemicals in the
environment to support nationwide sampling for these
chemicals in estuaries, lakes, streams, springs, wells,
wetlands, and soil and funding is provided to support a
nationwide PFAS sampling survey and the associated methods
development (per the 2020 National Defense Authorization Act
or NDAA). The agreement is supportive of the Survey's efforts
to understand groundwater vulnerability, specifically in
shallow fractured bedrock terrain, and directs this work to
continue. Water Resources Research Institutes are funded at
$14,000,000 for research as discussed in House Report 117-83
of which $1,500,000 is for research on the control and
management of aquatic invasive species in the Upper
Mississippi River region.
Special Initiatives.--The agreement provides an additional
amount of $1,000,000 in congressionally directed spending for
the Survey to work with the State of Alaska to develop an
implementation plan to be completed within two years in order
to put Shake Alert/Earthquake Early Warning in Alaska.
Further detail on this project is located in the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
accompanying this explanatory statement.
Core Science Systems.--The agreement provides $263,802,000,
which includes $26,353,000 for science, synthesis, analysis,
and research. Public Law 117-58 provides $8,668,000 in fiscal
year 2022 for the National Geologic and Geophysical Data
Preservation which supplements base funding. The agreement
provides $42,431,000 for the National Cooperative Geologic
Mapping of which the increase above fixed costs is for Phase
Three of the National Geologic Map Database as outlined in
House Report 117-83.
[[Page H2485]]
The National Geospatial program is funded at $87,526,000
and includes a $4,250,000 increase for the 3D Elevation
Program (3 DEP) to accelerate completion of a nationwide
baseline of high-resolution topographic elevation data, of
which not less than $250,000 is focused on Tribal lands; and
not less than $3,000,000 is focused on Federal lands in
western states. No less than $9,500,000 is provided for the
Alaska mapping and map modernization initiative, which
includes modernizing Alaskan hydrography datasets. In
addition, $1,900,000 is provided for the United States Board
of Geographic Names and $850,000 is provided for the National
Digital Trails project.
The agreement supports the continued operations of the
Alaska Mapping Executive Committee (AMEC). The National
Geospatial Program will continue its role in advancing the
goals, objectives, and approaches collaboratively developed
as part of the AMEC Alaska Coastal Mapping Strategy, to
include collection and distribution of topography and
orthoimagery in coastal areas. The agreement directs a
briefing on the resources needed to enhance understanding of
subsidence including what would be required to pivot from the
National Land Cover Database to develop a National Land Level
Change database. It is expected that any funding awarded
outside the Federal sector will undergo a competitive review
process.
The National Land Imaging program is funded at $107,492,000
which includes $84,788,000 for Satellite Operations and
maintains the enacted level for the National Civil
Applications Center. The agreement recognizes the value of
the Remote Sensing State Grants program and directs the
Survey to continue funding the grant program at the enacted
level to ensure the on-going viability of the program
nationwide.
Science Support.--The agreement includes $99,736,000 which
includes $77,520,000 for administration and management
including $800,000 for diversity and $150,000 for fleet
related infrastructure, and $22,216,000 for Information
Services.
Facilities.--The agreement includes $184,810,000 for
facilities, deferred maintenance and capital improvement.
Public Law 117-58 provides $167,000,000 in fiscal year 2022
for the USGS Energy and Minerals Research Facility.
BUREAU OF OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
The bill provides $206,748,000 for the Ocean Energy
Management appropriation, which is partially offset through
the collection of rental receipts and cost recovery fees
totaling $43,000,000, resulting in a net appropriation of
$163,748,000. Specific allocations at the activity level are
contained in the table at the back of this explanatory
statement.
Offshore Wind Site Identification.--The Bureau is expected
to continue to coordinate with the Department of Energy on
renewable energy research, to exchange information with
coastal States, and to work with stakeholders to study new
wind energy areas through its intergovernmental task forces,
including continuing existing and launching new data
collection campaigns in the Gulf of Maine. As the Bureau
refines the permitting process, it must include steps to
understand existing ocean uses by consulting early and often
with the commercial fishing industry and other stakeholders,
for which the Rhode Island Ocean Special Area Management Plan
provides a model. The Bureau must continue to partner with
the National Oceanic and Atmospheric Administration and other
co-operating agencies in the context of an ``all-of-
government'' approach to offshore renewable energy. This
includes support for research, incorporation of agency data,
and consideration of recommendations on the siting and
development of offshore wind projects. The Bureau is directed
to notify the Committees prior to issuing leases that would
allow wind turbines to be constructed or located less than 22
nautical miles from the State of North Carolina shoreline.
Regional Citizen Advisory Councils.--The Bureau's
commitment to working with Regional Citizen Advisory Councils
on collaborative scientific research projects, environmental
impact monitoring, and outreach activities is appreciated and
the Committees direct the Bureau to continue to support these
efforts.
Marine Minerals.--The Bureau should continue existing
critical mineral assessments and activities at not less than
the fiscal year 2021 enacted levels. The Bureau is directed
to provide a briefing and a spend plan to the Committees on
Marine Minerals Program activities for fiscal year 2022
within 45 days of enactment of this Act.
The agreement does not include the language in House Report
117-83 under the heading ``General Provision'' within the
Bureau of Ocean Energy Management related to OCS pre-leasing
and leasing activities.
Bureau of Safety and Environmental Enforcement
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
The bill provides $205,848,000 for the Offshore Safety and
Environmental Enforcement appropriation. This amount is
partially offset through the collection of rental receipts,
cost recovery fees and inspection fees totaling $55,000,000,
resulting in a net appropriation of $150,848,000. Specific
allocations at the activity level are contained in the table
at the back of this explanatory statement. The bill also
contains a rescission of $10,000,000 from unobligated prior
year funds.
The agreement does not include the language in House Report
117-83 under the heading ``Offshore Decommissioning'' related
to per barrel fees on oil and gas offshore activities.
OIL SPILL RESEARCH
The bill provides $15,099,000 for Oil Spill Research.
Arctic Oil Spill Research.--While domestic and
international activities in the Arctic Ocean are increasing,
research on marine safety and pollution prevention measures
has not kept pace. The Bureau is directed to report to the
Committees within 90 days of enactment of this Act on the
need and feasibility of establishing or partnering with
stakeholder research institutions on facilities that
naturally have or can recreate Arctic marine conditions for
oil spill detection and response research.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
The bill provides $118,117,000 for the Regulation and
Technology appropriation. Included are fixed costs and the
following requested program increases: to establish an Indian
lands program; to enhance diversity, equity, inclusion and
accessibility capacity; and to restructure the Division of
Acquisition Management. Specific allocations at the activity
level are contained in the table accompanying this
explanatory statement.
ABANDONED MINE RECLAMATION FUND
The bill provides $149,980,000 for the Abandoned Mine
Reclamation Fund appropriation. Of the funds provided,
$27,480,000 shall be derived from the Abandoned Mine
Reclamation Fund and $122,500,000 shall be derived from the
General Fund. Included are fixed costs and the following
requested program increases: for Federal emergency
reclamation projects; to assume responsibility for
reclamation of sites on certain Indian lands; to enhance
diversity, equity, inclusion and accessibility capacity; and
to restructure the Division of Acquisition Management. The
detailed allocation of funding by activity is included in the
table accompanying this explanatory statement.
Abandoned Mine Land Economic Revitalization (AMLER).--The
bill provides a total of $122,500,000 for grants to States
and federally recognized Indian Tribes for the reclamation of
abandoned mine lands in conjunction with economic and
community development and reuse goals. For fiscal year 2022,
$79,890,000 shall be divided equally between the three
Appalachian States with the largest unfunded needs for the
reclamation of Priority 1 and Priority 2 sites as delineated
in the AML Inventory System; $31,956,000 shall be divided
equally between the next three Appalachian States with the
largest unfunded needs for the reclamation of Priority 1 and
Priority 2 sites as delineated in the AML Inventory System;
and $10,654,000 shall be for grants to federally recognized
Indian Tribes. The Office is expected to continue to follow
the additional program direction provided in Senate Report
116-123.
INDIAN AFFAIRS
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,820,334,000 for Operation of Indian
Programs. All programs, projects, and activities are
maintained at fiscal year 2021 enacted levels, except
requested fixed costs and internal transfers, or unless
otherwise specified below. For this and all other Bureau
accounts funded in this bill, Indian Affairs is expected to
comply with the instructions and requirements at the
beginning of this division and in House Report 117-83, unless
otherwise specified below. Language contained in the
explanatory statement accompanying the Consolidated
Appropriations Act, 2021 (Public Law 116-260) regarding
Missing and Murdered Indigenous Women (MMIW), advanced
training for public safety and justice training needs, and
Indian Police Academy is restated. Additional details,
instructions, and requirements are included below and in the
table at the end of this division. Indian Affairs is reminded
of the importance of meeting reporting requirement deadlines
so that the Committees can properly evaluate programs.
Failure to do so could negatively impact future budgets.
Tiwahe.--The bill includes additional funds as noted below
under Human Services and are to be used to expand the Tiwahe
Initiative to more Tribes for human services-related Tiwahe
activities. Further, the Committees expect funding to
existing Tiwahe pilot programs to continue in the same
amounts to the same recipients, including funding to support
women and children's shelters. Finally, the Committees
received the Federal and Tribal reports on the Tiwahe
Initiative, which include recommendations on future action
and expansion. The Bureau of Indian Affairs (BIA) is directed
to submit a plan on how to expand the program to all Tribes
incrementally along with a strategy on how to consider
existing pilot programs during any expansion and be
consistent with the final report and available funding.
Tribal Government.--The agreement provides $355,424,000 for
Tribal government programs, which includes an additional
$2,000,000 for Small and Needy Tribes and an additional
$1,000,000 for Tribal government program oversight for
requested uses. The Committees have consistently included
funding and directives regarding the Small and
[[Page H2486]]
Needy Tribes supplement and are concerned about the overall
administration of this important program. Within 180 days of
enactment of this Act, the Bureau shall provide a report that
includes a full listing of Tribes currently eligible for this
program and clearly identify whether each Tribe is receiving
the full level of funding defined under the current program
criteria as well as a status of efforts to update the formula
for the program. The report should include input gathered
from Tribes during consultation.
The agreement also continues funding at fiscal year 2021
levels for school bus roads and NATIVE Act funding in the
Road Maintenance program. The Committees direct the Bureau to
report back within 60 days of enactment of this Act on funds
that have not been utilized for roads along with a strategy
outlining how to meet the increased demand to address tourism
needs across Indian Country. The Committees encourage the
Bureau to provide technical assistance to the maximum extent
practicable to recently federally recognized Tribes on how
best to leverage funding through existing programs. The
Bureau is further directed to provide to the Committees
within 120 days of enactment of this Act an analysis of
Alaska Natives' eligibility for both Housing Improvement
Program mortgage assistance grants and mortgages, as well as
any barriers to affording new, energy-efficient homes in
western Alaskan villages off the road system.
Human Services.--The bill provides $164,310,000 for human
services programs, which includes $53,292,000 for Social
Services (TPA) and $78,494,000 for welfare assistance. Within
these funds, an additional $2,000,000 is to expand the Tiwahe
Initiative to new sites, as noted above, $1,000,000 is to
implement the Indian Child Protection and Family Violence
Prevention Act as proposed, and an additional $500,000 is for
a general program increase for welfare assistance. An
additional $500,000 is included to implement section 202 of
the Indian Child Welfare Act (25 U.S.C. Sec. 1932), for a
total of $17,313,000 for the Indian Child Welfare Act
program.
Trust-Natural Resources Management.--The bill provides
$302,927,000 for natural resources management programs, which
continues funding at the fiscal year 2021 enacted level for
the Everglades. For Natural Resources (TPA), the agreement
provides $14,250,000, which includes an additional $1,000,000
for the Indian Youth Service Corps and a $3,000,000 general
program increase. Land acquisitions for newly recognized or
landless Tribes are fully funded at the authorized level of
$2,000,000. BIA is encouraged to work with the committees of
jurisdiction to evaluate whether a change in the
authorization is warranted.
The Committees understand the Bureau is utilizing funding
to plug abandoned wells in the Mineral Estate. The Committees
direct the Bureau to report back to the Committees within 180
days of enactment of this Act outlining an initial estimate
of the number of plugged and unplugged wells, along with
estimated costs for those wells that are ready to be
completed, which entails well bore abandonment in the mineral
estate and well site remediation and restoration on the
surface estate. It is understood that the final estimated
number of unplugged wells and the associated cost estimates
to address will continue to be revised as BIA realty
processing is completed to identify presence or absence of
responsible parties.
The Committees are aware that some Tribal communities have
a significant problem with trash collection and disposal, but
comprehensive data on the scope of the problem does not
exist. The Bureau is directed to conduct an assessment of how
Tribes collect and dispose of trash and report to the
Committees within 120 days of enactment of this Act.
The agreement provides $45,687,000 for Rights Protection
Implementation, which maintains $1,500,000 for law
enforcement needs and includes an additional $1,700,000 for
operations and maintenance, both as required to implement the
Columbia River In-Lieu and Treaty Fishing Access Sites
Improvement Act (Public Law 116-99). The agreement also
includes a $1,000,000 general program increase. The agreement
provides $14,459,000 for Tribal management/development
programs, which includes an additional $1,000,000 to
implement Public Law 116-260 with respect to the return of
the National Bison Range to the Confederated Salish and
Kootenai Tribe as outlined in the budget request. Funding is
continued at fiscal year 2021 enacted levels for pilot
projects and programs for Alaska subsistence activities. The
Committees are aware the Bureau has entered into cooperative
agreements with Ahtna Inter-Tribal Resource Commission and
the Kuskokwim River Inter-Tribal Fisheries Commission, and
has initiated similar agreements with other organizations.
Therefore, the Committees expect these pilot projects and
programs to continue, and the Bureau is expected to keep the
Committees apprised of changes to the distribution
methodology. An additional $1,000,000 is included for
Endangered Species for uses proposed in the budget request.
For Tribal Climate Resilience, the agreement includes
$31,971,000. This includes $5,000,000 for Tribal climate
adaptation grants and $8,000,000 for Tribal relocation
grants, for which all Tribes shall be eligible. For
agriculture and range programs, the bill provides
$37,827,000. This amount includes an additional $1,000,000
for the invasive species program.
The Committees remind the Bureau that the Denali Commission
was designated as the lead coordinating agency for Alaska
Native village relocation in 2015, and the Commission has
been leading the efforts since then. The Committees recommend
the Bureau work closely with the Commission in order to avoid
duplication of work and to take advantage of the Commission's
expertise in the area when considering relocation grants.
For the Forestry Programs, the agreement provides
$60,277,000, which provides a $3,000,000 general program
increase for the Forestry Program (TPA) and an additional
$2,000,000 for Forestry Projects. The Committees have heard
concerns from Tribes that BIA is not providing funding to
support the management of trust lands described in Public Law
115-103. The Bureau is directed to brief the Committees
within 90 days of enactment of this Act on how to address
these concerns.
The Committees note that many Tribal communities are at a
heightened risk of wildfire. In order to address the risks,
the Committees direct the Bureau to consider pre-fire
detection technologies and adopt strategies for their
implementation. The Committees also direct the Bureau to
provide a report within one year of enactment of this Act
summarizing the fire detection deficits across Tribal lands.
For Water Resources programs, the agreement recommends
$15,802,000. This includes an additional $2,000,000 for Water
Resources (TPA) and an additional $500,000 to partially fund
the request for water management, planning and pre-
development. For Fish, Wildlife and Parks programs, the
agreement includes $20,506,000, which provides a $2,000,000
general program increase for Wildlife and Parks (TPA) and an
additional $1,000,000 for Fish, Wildlife, and Parks Projects
for operation of fish hatcheries. Within Minerals and Mining,
an additional $4,804,000 is provided for uses as outlined in
the budget request.
Funding is continued at the fiscal year 2021 enacted level
for the Assistant Secretary for Indian Affairs to continue
its support for ongoing Tribal cultural resource
investigations in the Chaco Canyon region of the Southwest.
The Committees understand the investigation and reports will
be completed with base funds in 2022.
Trust--Real Estate Services.--The bill provides
$150,190,000 for Real Estate Services, of which $3,000,000 is
to begin remediating open dumps and prepare for other
environmental quality challenges, and $3,326,000 is to
demolish and abate vacant BIA buildings at Shiprock as
detailed in the budget request. Funding is continued at
fiscal year 2021 enacted levels with fixed costs for the
Alaska Native Claims Settlement Act historical places. The
Committees are concerned with the Department's policy
restricting Osage Nation access to its own trust records
without a FOIA request. The Department should work with the
Nation to discover a way to provide ready access to the
records needed by the Nation and its members.
Public Safety and Justice.--The bill provides $546,280,000
for public safety and justice programs. For Criminal
Investigations and Police Services, the agreement includes
$297,676,000. This amount includes an additional $4,000,000
to purchase bodyworn cameras and $7,500,000 as a general
program increase. Funding for MMIW cold cases, background
checks to hire more law enforcement officers, opioid
addiction assistance, and law enforcement to implement the
Native American Graves Protection and Repatriation Act
(NAGPRA) is continued at fiscal year 2021 enacted levels. The
Committees remain concerned about theft, looting, and
trafficking of sacred objects and items of cultural patrimony
and note the importance of enforcing NAGPRA and related laws.
The bill continues funding for opioids grants and provides
flexibility in the use of funds for Tribes with unique
circumstances that involve other illicit drugs as well.
The agreement includes $62,000,000 to implement public
safety changes resulting from the McGirt v. Oklahoma Supreme
Court decision, which created an immediate and severe
shortage of police and investigative personnel in the
expanded Tribal criminal jurisdiction areas. BIA is directed
to consult with impacted Tribes regarding the allocation of
funds and to submit a subsequent reprogramming request to
allocate portions of the funding to Detention/Corrections and
Tribal Courts as necessary.
The Committees direct the Bureau, working with other
Federal partners, to provide the Committees on Appropriations
within one year of enactment of this Act a report on the
training needs for Bureau law enforcement and Tribal law
enforcement with a comprehensive plan on how to recruit,
train, and fill vacancies. As part of this report, the
Committees expect the Bureau to identify partnerships with
Federal, State, and Tribal law enforcement entities for
things such as facilities and hiring processes that could be
utilized to address needs. The report should also identify
potential legislative changes to improve recruitment and
retention.
The agreement includes $113,369,000 for Detention/
Corrections, which includes a $5,000,000 general increase,
and continues the increases for Indian country detention
facilities and background checks provided in fiscal year
2021. Due to reports of high numbers of deaths in BIA-funded
detention facilities, the Committees direct the Office of the
Inspector General (OIG) to follow-up on closed OIG
recommendations to determine whether changes made by BIA in
response to prior
[[Page H2487]]
recommendations are being implemented correctly. As part of
the review, the Committees expect the OIG to examine
appropriations provided for Detention/Corrections in prior
years to determine how the funds were spent and whether they
were spent correctly. This review should begin no later than
60 days of enactment of this Act.
The agreement includes $24,898,000 for Law Enforcement
Special Initiatives, of which an additional $5,000,000 is to
continue addressing the MMIW effort, as requested. The
Committees expect the Bureau to provide a comprehensive
review of the MMIW Initiative to the Committees within 120
days of enactment of this Act, including all activities and
associated funding by line, fund distribution, number of cold
cases resolved, FTEs, law enforcement vacancies in each
Bureau region (even if not MMIW related), as well as the
number of public safety and justice background checks by
activity pending as of the date of enactment of this Act.
Funding for the Tiwahe recidivism initiative, equipment to
collect and preserve evidence at crime scenes, and victim
witness specialists is continued at fiscal year 2021 enacted
levels.
For Tribal Justice Support, $30,809,000 is provided, which
continues $3,000,000 to implement and ensure compliance with
the Violence Against Women Act and provides an additional
$4,000,000 to address the needs of Tribes affected by Public
Law 93-280 as outlined in the Senate Report 116-123.
An additional $5,000,000 is included for Tribal Courts
(TPA) for a total of $43,169,000, of which no more than
$1,000,000 may be used for operation and maintenance of
courts, as requested.
Community and Economic Development.--The bill provides
$29,353,000 for community and economic development programs,
which includes $13,401,000 for Job Placement and Training
(TPA), $5,218,000 for Economic development (TPA), of which an
additional $2,000,000 is provided for business incubators,
and $10,734,000 is for community development central
oversight, of which an additional $1,500,000 is to implement
the NATIVE Act. The Committees direct funding of not less
than $7,500,000 be used for grants to Tribes, Tribal
organizations, and Native Hawaiian organizations to carry out
Public Law 114-22. The agreement includes an additional
$1,500,000 for grants to federally recognized Indian Tribes
and Tribal organizations to provide native language
instruction and immersion programs to Native students not
enrolled at BIE schools, including those Tribes and
organizations in states without Bureau-funded schools.
Executive Direction and Administrative Services.--The bill
includes $270,600,000 for executive direction and
administrative services, of which: $19,409,000 is for
Assistant Secretary support, which includes an additional
$500,000 to implement the PROGRESS Act, $800,000 to establish
the Diversity and Inclusion program for BIA and OST, and
$7,000,000 to implement the Native boarding school initiative
to review past boarding school policies and to prepare a
report on future efforts required to address this past wrong.
Within Administrative Services (Central), an additional
$2,800,000 is provided for uses as requested, and within
Information Resources Technology, a $6,200,000 increase is
provided for uses as requested. The bill includes $1,250,000
for Special Initiatives identified in table titled ``Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' included at
the end of this division.
INDIAN LAND CONSOLIDATION
The bill establishes a new account as requested and
provides $7,000,000 for Indian Land Consolidation. Within 30
days of enactment of this Act, the Bureau is directed to
submit administrative expense estimates and performance
metrics, including the proposed number of fractionated
interests to be purchased and acreage consolidated. Going
forward, the Bureau is expected to include this data in the
annual budget justification.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2021 and estimated
to be $240,000,000 in fiscal year 2022.
PAYMENTS FOR TRIBAL LEASES
The bill provides an indefinite appropriation for payments
under section 105(l) of the Indian Self-Determination and
Education Assistance Act, consistent with fiscal year 2021
and estimated to be $36,593,000 in fiscal year 2022.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $146,769,000 for Construction. All
programs, projects, and activities are maintained at fiscal
year 2021 levels, except for requested fixed cost and
transfers, or unless otherwise specified below.
Public Safety and Justice Construction.--The bill provides
$47,811,000 for public safety and justice construction and
includes the following: $30,500,000 for facilities
replacement and new construction, which includes a $5,000,000
general program increase; $4,494,000 for employee housing;
$9,372,000 for facilities improvement and repair; $171,000
for fire safety coordination; and $3,274,000 for fire
protection.
The Bureau is expected to distribute funds provided in this
Act to expeditiously complete construction of adult detention
center projects that were previously awarded. Remaining
amounts should be considered available for all public safety
and justice facilities, consistent with previous direction.
Direction is provided for the Bureau to: (1) produce a plan
on how to spend unobligated public safety and justice
balances on facilities in poor condition; and (2) provide the
plan to the Committees within 120 days of enactment of this
Act.
The Committees note with concern the frustrations raised by
the San Carlos Apache Tribe about replacement of the
'Building 86' public safety facility operated by the Tribe
and directs the Bureau to continue to work with the Tribe, to
the maximum extent practicable, on a mutually agreeable path
forward. The Committees further direct the Bureau to brief
the House and Senate Committees on Appropriations no later
than 90 days after enactment of this Act on their current
efforts to find a solution.
Resources Management Construction.--The bill provides
$74,060,000 for resources management construction programs.
Within this amount, $28,710,000 is for irrigation project
construction, of which $10,000,000 is continued for projects
authorized by the WIIN Act (Public Law 114-322). The
Committees expect the funds designated for WIIN Act
activities will be deposited into the Indian Irrigation Fund
to fund those projects authorized by Public Law 114-322.
Further, the agreement includes $2,706,000 for engineering
and supervision; $1,016,000 for survey and design; $665,000
for Federal power compliance; and $40,963,000 for dam safety
and maintenance, of which $2,500,000 is a general program
increase. The Committees direct the Bureau to begin dam
safety work expeditiously and to provide a report to the
Committees on the number of reservation dams in need of a
safety review and hazard classification.
Other Program Construction.--The bill provides $24,898,000
for other program construction and includes $1,419,000 for
telecommunications; $4,069,000 for facilities and quarters,
which includes $150,000 for fleet management infrastructure;
and $19,410,000 for program management, which includes an
additional $10,000,000 for BIA to conduct an assessment of
BIA-owned water systems, contractual support to implement
projects, and address lead pipe issues at Indian Affairs
infrastructure and an additional $77,000 to continue the
project at Fort Peck.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $1,000,000 for Indian Land and Water
Claim Settlements and Miscellaneous Payments to Indians.
These funds are supplemented in fiscal year 2022 by not less
than $1,368,560,000 appropriated in Public Law 117-58,
ensuring that Indian Affairs will fully meet its statutory
obligations for all authorized settlement agreements to date.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $11,833,000 for the Indian Guaranteed
Loan Program Account to facilitate business investments in
Indian Country.
Bureau of Indian Education
OPERATION OF INDIAN EDUCATION PROGRAMS
Bureau of Indian Education.--The bill includes
$1,017,601,000 for Bureau of Indian Education (BIE) program
operations. All programs, projects, and activities are
maintained at fiscal year 2021 enacted levels, except for
requested fixed costs and internal transfers, or unless
otherwise specified below. For this and all other Bureau
accounts funded in this bill, BIE is expected to comply with
the instructions and requirements at the beginning of this
division and in House Report 117-83, unless otherwise
specified below. Additional details, instructions, and
requirements follow below and in the table at the end of this
division. Language contained in the explanatory statement
accompanying the Consolidated Appropriations Act, 2021
(Public Law 116-260) regarding displaying amounts required to
comply with Department of Defense Education Activity is
restated.
Elementary/Secondary Programs.--The bill includes
$638,865,000 for Elementary/Secondary Programs. Tribal grant
support costs are fully funded. An additional $1,500,000 is
included for Native language immersion grants at BIE-funded
schools within education program enhancements and an
additional $5,000,000 is included for a general program
increase for Indian Student Equalization Program Formula
Funds.
Johnson O'Malley.--The agreement provides $21,198,000, as
requested.
Post-Secondary Programs (forward funded).--Post-secondary
programs (forward-funded) are provided with $113,283,000, as
requested. The budget request did not include fixed costs for
Tribal colleges and universities or Tribal technical
colleges. Failure to request adequate resources to cover full
fixed cost requirements results in schools having to absorb
these escalating costs at the expense of other program
requirements. BIE is directed to collect this information and
include it in future budget requests. General program
increases are also provided for Scholarships and Adult
Education (TPA), special higher education scholarships, and
science post graduate scholarships.
Education Management.--The agreement includes $59,888,000
for education program management, which includes $400,000 to
establish a Diversity, Equity, Inclusion and Accessibility
office and an additional $8,401,000 for Education IT for
requested uses. Within 90 days of enactment of this Act, BIE
is directed to provide a detailed spend plan with timelines
for the Education IT funds.
education construction
Education Construction.--The bill provides $264,330,000 for
schools and related facilities
[[Page H2488]]
within the BIE system. All programs, projects, and activities
are maintained at fiscal year 2021 levels, except for
requested fixed costs and internal transfers, or unless
otherwise specified below. Language contained in the
explanatory statement accompanying the Consolidated
Appropriations Act, 2021 (Public Law 116-260) regarding
Tribal college and university operations, maintenance and
infrastructure needs is restated. The agreement includes the
following: $115,504,000 for replacement school campus
construction; $23,935,000 for replacement facility
construction; $1,000,000 for replacement/new employee
housing; $13,589,000 for employee housing repair; $95,302,000
for facilities improvement and repair; and $15,000,000 for
Tribal colleges and universities' facilities requirements.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
The agreement provides $109,572,000 for the Office of the
Special Trustee for American Indians (OST) and rejects the
proposed budget structure for a new Bureau of Trust Funds
Administration (BTFA) within the Office of the Assistant
Secretary-Indian Affairs. This should not be construed as
interfering with the statutorily required sunset of OST. This
amount includes fixed costs as requested and internal
transfers to effectuate historical trust accounting. It does
not include requested internal transfers for new employees,
nor are any funds included for these positions. However, to
ensure OST participates in the Department's Diversity,
Equity, Inclusion and Accessibility initiative in support of
Executive Orders 13985 and 13988, the agreement includes
$400,000 for Indian Affairs to perform these activities on
OST's behalf until the future of OST is resolved.
The Committees remain concerned about whether OST has
completed its duties and responsibilities under the 1994
Indian Trust Reform Management Act (Public Law 103-412). In
fiscal year 2019, Congress adopted the Department's proposal
to shift OST's reporting structure from the Secretary to the
Assistant Secretary--Indian Affairs. Congress did not adopt a
proposal providing the Department with unilateral authority
to create a new budget structure and bureau under Indian
Affairs.
The Department's actions over the past years with respect
to this issue are concerning. In fiscal year 2021, Congress
rejected the proposed budget structure for BTFA and continued
funding OST. Yet the Department continues to take actions to
establish BTFA, including taking steps towards formalizing
BTFA by referencing BTFA in regulations despite BTFA not
having been approved and not providing sufficient information
to demonstrate compliance with Public Law 103-412. In
addition, Congress expected the Department to consult with
Tribes on the future of OST and its duties. Instead, the
Department consulted on how BTFA should perform OST's
functions.
The Committees continue to need additional information to
evaluate the best path forward for any remaining OST
functions and responsibilities once OST sunsets. The
Government Accountability Office (GAO) has yet to complete
its work directed by Congress in fiscal year 2021, in part
because the Department has not provided GAO with requested
information in a timely manner. The Committees are committed
to working with the Department on a path forward to fulfill
its trust responsibilities. Therefore, the Department is
expected to work with GAO and provide the requested
information in a timely manner to help the Committees make a
more informed decision.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
The bill provides $123,367,000 for the Office of the
Secretary, Departmental Operations appropriation. Specific
allocations at the activity level are contained in the table
at the back of this explanatory statement. Fixed costs are
provided as requested. Within the Executive Direction
activity, the proposed transfer is accepted. Within the
Leadership and Administration activity, funds are included to
carry out activities in support of the Secretary's
responsibilities under the Hawaiian Home Lands Recovery Act.
The Department is directed to maintain the Office of Native
Hawaiian Relations within the Office of the Assistant
Secretary for Policy, Management, and Budget.
Wild Horse and Burro Task Force.--The Secretary is to
establish a task force to bring experts from all relevant
Interior Bureaus together to address the challenge of wild
horses and burros as outlined in the beginning of this
division. This task force is to have monthly meetings to
review performance metrics, monitor outcomes, assess
milestone achievements, and address any delays or setbacks to
the implementation of the May 2020 report. The task force
should analyze Federal investments and determine if any
course correction is necessary. In subsequent years, task
force membership will be expanded as previously outlined. The
Secretary is to report to the Committees within 90 days of
enactment of this Act on the establishment of this task force
and a proposed meeting schedule.
Insular Affairs
ASSISTANCE TO TERRITORIES
The bill provides $113,477,000 for Assistance to
Territories. The detailed allocation of funding is included
in the table at the end of this explanatory statement.
Compact of Free Association
The bill provides $8,463,000 for Compact of Free
Association, equal to the fiscal year 2021 enacted level. A
detailed table of funding recommendations below the account
level is provided at the end of this explanatory statement.
The agreement includes $5,000,000 as the third payment
towards the $20,000,000 requested by the Republic of the
Marshall Islands in September 2009, as authorized in section
111(d) of the Compact of Free Association Act of 1986 (Public
Law 99-239; 99 Stat. 1799; 48 USC 1911) and section 108(b) of
the Compact of Free Association Amendments Act of 2003
(Public Law 108-188; 117 Stat. 2755; 48 USC 1921g).
Office of the Solicitor
salaries and expenses
The bill provides $94,998,000 for the Salaries and Expenses
appropriation within the Office of the Solicitor. Specific
allocations at the activity level are contained in the table
at the back of this explanatory statement. The Committees
provide fixed costs and internal transfers, as requested.
Remaining funds may be used to fund necessary costs required
for office moves. To the extent funding is available, the
Committees urge the office to consider further increases to
staffing to address the department-wide backlog of pending
Freedom of Information Act (FOIA) requests. FOIA Office staff
are directed to brief the Committees semiannually on their
efforts related to the backlog.
Office of Inspector General
salaries and expenses
The bill provides $62,132,000 for the Office of Inspector
General.
Department-Wide Programs
Wildland Fire Management
(including transfers of funds)
The bill provides $1,026,097,000 for Department of the
Interior Wildland Fire Management. Combined with $330,000,000
appropriated in the Wildfire Suppression Operations Reserve
Fund, the total amount for fire suppression operations at the
Department is $713,657,000. The detailed allocation of
funding by activity is included in the table accompanying
this explanatory statement.
Other Operations.--The bill provides $271,897,000 for other
wildland fire management operations. Within hazardous fuels,
funding is included for Reserved Treaty Rights Lands for
Tribal Nations to participate in collaborative projects with
other landowners supporting the health and resiliency of
priority Tribal resources at high risk to wildfire. The
Department is directed to provide a briefing to the
Committees within 60 days of enactment of this Act on the
proposed distribution of hazardous fuels funding to its
component bureaus, the allocation methodology, and how it
takes into account areas with special designations, such as
the Oregon and California Grant Lands. The Department is
directed to provide $4,000,000 to the Joint Fire Science
program for fiscal year 2022, which combined with funding in
the Forest Service provides $8,000,000 in total. Direction
related to the Joint Fire Science Program is included under
the Forest and Rangeland Research heading in House Report
117-83. The Department shall report at the end of each fiscal
year the number of acres treated by prescribed fire,
mechanical fuels reduction, and thinning activities, as well
as the acres treated in wildland urban interface and the
costs associated with such activities.
wildfire suppression operations reserve fund
(including transfers of funds)
The bill includes $330,000,000 for the Wildfire Suppression
Operations Reserve Fund, which is $20,000,000 above the
enacted level. S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022,
included a budget cap adjustment for wildfire suppression
costs and this additional funding is included for fiscal year
2022.
central hazardous materials fund
The bill provides $10,036,000 for the Central Hazardous
Materials Fund appropriation.
energy community revitalization program
(including transfers of funds)
The agreement provides $5,000,000 for the Energy Community
Revitalization Program. The funding provided allows entities
to inventory, assess, decommission, reclaim, respond to
hazardous substance releases, and remediate abandoned
hardrock mines, orphaned oil and gas wells, and orphaned
infrastructure, including but not limited to, facilities,
pipelines, structures or equipment used in energy production
operations, as authorized by law. Public Law 117-58 provided
$4,700,000,000 for orphan oil and gas well cleanup.
Therefore, this agreement directs that the priority focus for
this funding be to address abandoned hardrock and non-coal
mine sites, including sand and gravel pits and abandoned
uranium mines on Federal, State, Indian, and other non-
Federal lands. In subsequent fiscal years, the Committees
will examine the status of the remediation of abandoned
hardrock mines and orphaned oil and gas wells and their
associated infrastructure and direct how appropriated
resources should be allocated.
[[Page H2489]]
natural resource damage assessment and restoration
natural resource damage assessment fund
The bill provides $7,933,000 for the Natural Resource
Damage Assessment Fund appropriation. Specific allocations at
the activity level are contained in the table at the back of
this explanatory statement.
WORKING CAPITAL FUND
The bill provides $91,436,000 for the Working Capital Fund
appropriation.
OFFICE OF NATURAL RESOURCES REVENUE
The bill provides $169,640,000 for the Natural Resources
Revenue appropriation of which $1,000,000 is to support Osage
Trust Accounting activities as requested.
Distribution of GOMESA Revenues.--The Office is directed to
distribute revenues from Gulf of Mexico operations in a
manner consistent with current law, including the Gulf of
Mexico Energy Security Act (GOMESA) of 2006 (Public Law 109-
432), as amended.
General Provisions, Department of the Interior
(including transfers of funds)
The bill includes various legislative provisions affecting
the Department in Title I of the bill, ``General Provisions,
Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Office of the Special Trustee for American
Indians, for Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements
with non-profit organizations for long-term care of wild
horses and burros.
Section 109 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 110 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively
perform reimbursable work.
Section 111 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 112 requires funds to be available for obligation
and expenditure not later than 60 days after the date of
enactment.
Section 113 provides the Secretary of the Interior the
ability to transfer funds among and between the Bureau of
Indian Affairs and the Bureau of Indian Education.
Section 114 provides funding for the Payments in Lieu of
Taxes (PILT) program.
Section 115 directs notification of any deviation in
procedure or equipment.
Section 116 allows the National Park Service to convey
lands for purposes of transportation and recreation for a
specific project.
Section 117 authorizes Tribally controlled schools access
to interagency motor vehicles in the same manner as if
performing activities under the Indian Self Determination and
Education Assistance Act.
Section 118 extends the authorization for the Delaware
Water Gap National Recreation Area.
Section 119 addresses National Heritage Areas.
Section 120 authorizes the Secretary of the Interior to
conduct a study to evaluate resources associated with the
1965 Voting Rights March from Selma to Montgomery.
Section 121 modifies a provision on the exhaustion of
administrative review.
Section 122 provides the Secretary of the Interior with
certain pay authority for the Appraisal and Valuation
Services Office.
Section 123 addresses the issuance of rules for sage-
grouse.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The agreement provides $9,559,485,000 for the Environmental
Protection Agency (EPA). The Agency is expected to comply
with the instructions and requirements at the beginning of
this division and in House Report 117-83, unless otherwise
specified below. Additional details, instructions, and
requirements follow below and in the table at the end of this
division.
Congressional Budget Justification.--The Committees direct
the Agency to include in future justifications the provisions
included in the joint explanatory statement accompanying
Public Law 116-260.
Operating Plan.--Within 30 days of enactment of this Act,
the Agency is directed to submit to the House and Senate
Committees on Appropriations its annual operating plan for
fiscal year 2022. The operating plan shall adhere to the
program area levels, and where applicable, the program
project levels, specified within this explanatory statement.
For program project levels not otherwise specified herein,
the operating plan should detail how the Agency plans to
allocate funds at the program project level. Further, the
budgets of each major office should be itemized to indicate
the source of funds for each major office by program project
level. Further, the Agency is directed to continue the
longstanding practice of submitting quarterly statement of
balances reports, and the Agency is directed to display data
separately for both the current fiscal year and the prior
fiscal year.
Workforce and Staffing Plans.--The Committees direct the
Agency to adhere to the provisions included in the joint
explanatory statement accompanying Public Law 116-260.
PFAS and Contaminants of Emerging Concern.--The Committees
encourage the Agency to continue to take action on PFAS,
including addressing contamination, advancing clean up and
treatment solutions, conducting research, and undertaking
needed rulemaking actions. Within 60 days of enactment of
this Act, the Agency is directed to brief the Committees on
planned fiscal year 2022 PFAS-related actions and provide the
Committees with a spend plan that details funding at the
program project level.
Combination of Separate Fiscal Year Grant Funding.--The
Committees continue the directive contained in the joint
explanatory statement accompanying Public Law 116-260.
Science and Technology
For Science and Technology programs, the agreement provides
$750,174,000. The bill transfers $30,985,000 from the
Hazardous Substance Superfund account to this account. The
agreement provides the following specific funding levels and
direction:
Clean Air.--The agreement provides $134,314,000 for Clean
Air. The Committees are aware of a strong interest from a
number of stakeholders to generate Renewable Fuels Standard
credits from renewable electricity, also referred to as
``eRINs''. The Committees understand that EPA is planning to
propose to revise the existing EPA regulations related to
eRINs as part of a future rulemaking action. The Committees
urge the Agency to undertake this rulemaking in a timely
manner to provide transparency and clarity for all
stakeholders and direct the Agency to brief the Committees on
its progress within 180 days of the enactment of this Act.
Research: Air and Energy.--The agreement provides
$95,406,000 for Research: Air and Energy. Within available
funds, the Committees continue funding for the study under
the heading ``Partnership Research'' contained in the
explanatory statement of Public Law 115-141.
Research: Chemical Safety and Sustainability.--The
agreement provides $127,447,000 for Research: Chemical Safety
and Sustainability. Of the funds provided, $1,500,000 shall
be used to develop and demonstrate nano-sensor technology
with functionalized catalysts that have potential to degrade
selected contaminants in addition to detecting and monitoring
pollutants.
Research: National Priorities.--The agreement provides
$11,430,000 for Research: National Priorities, including
$8,500,000 for extramural research grants, independent of the
Science to Achieve Results (STAR) grant program, as specified
under this heading in Public Law 116-260.
The agreement provides $2,000,000 in congressionally
directed spending to study the feasibility of establishing
PFAS treatment facilities for surface water and groundwater
across the State of Alaska, including mobile treatment
systems. The bill also includes $50,000 in congressionally
directed spending to support harmful algal bloom monitoring
in the Kodiak region of Alaska for purposes of studying the
public health and environmental impacts of harmful algal
blooms in the region, and $80,000 in congressionally directed
spending for research to assess wastewater infrastructure in
Delaware that is vulnerable to PFAS contamination and to
research and identify possible sources of PFAS contamination.
The bill provides $800,000 in congressionally directed
spending to support the establishment of a Center for
Wildfire Smoke Research and Practice to study the effects on
public health of smoke emissions from wildland fires as well
as the means by which communities can better respond to and
protect against the impacts of emissions from wildland fires.
Further detail on these projects is located in the table
titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending
Items'' accompanying this explanatory statement.
Research: Safe and Sustainable Water Resources.--The
agreement provides $112,574,000 for Research: Safe and
Sustainable Water Resources. Of the funds provided, up to
$3,000,000 shall be used for grants under section 2007 of
America's Water Infrastructure Act (P.L. 115-270).
Additionally, consistent with House Report 117-83 direction,
the agreement provides up to $1,000,000 for the Agency to use
existing tools and capabilities under the Clean Water Act to
address alpine lake water quality and resilient uplands
management.
Of funds provided, at least $4,000,000 is to be used for
research for Enhanced Aquifer Use and Recharge. The Agency
shall distribute funds to appropriate Research Centers to
carry out research activities that
[[Page H2490]]
would directly support groundwater research on Enhanced
Aquifer Recharge (EAR), including support of sole source
aquifers; to work collaboratively with the U.S. Geological
Survey to carry out these activities; and to partner, through
cooperative agreements, contracts, or grants, with
universities, Tribes, and water related institutions for
planning, research, monitoring, outreach, and implementation
in furtherance of EAR research.
Additional Guidance.--The following additional guidance is
included:
Advanced Biofuels from Canola Oil.--In addition to House
guidance on ``Pathways for Renewable Fuel,'' the Committees
note that the Agency receives petitions for renewable fuel
pathways that would enhance feedstock flexibility and support
growth in the production and use of advanced biofuels. The
Committees are aware that the Agency received a petition to
include pathways for renewable diesel produced from canola
oil as advanced biofuel. The Committees encourage the Agency
to expedite review and report to the Committees on the status
of the petition if a determination is not made within two
years of the date of submission.
Framework for Cumulative Risk Assessment.--In lieu of the
directive in House Report 117-83, the Agency is directed to
brief the Committees on the Framework for Cumulative Risk
Assessment and any planned reviews of the Framework.
Harmful Algal Blooms.--The agreement provides $6,000,000
and the Agency is directed to follow the guidance in House
Report 117-83 and Senate Report 116-123.
Health Outcomes and Links to Pollution.--In lieu of
direction under the heading ``Coronavirus Health Outcomes and
Links to Pollution'' in House Report 117-83, the Committees
encourage the Agency to investigate any linkages between
exposure to pollution and increased risk for adverse health
outcomes from communicable respiratory diseases.
Integrated Risk Information System (IRIS) program.--In lieu
of the directive in House Report 117-83 under the heading
``Maintaining IRIS Program Integrity,'' the Committees direct
the Agency to continue the IRIS program within the Office of
Research and Development and to utilize the IRIS program to
support the Agency's mission to protect human health and the
environment.
Landfill Emissions Research.--The Committees encourage the
Agency to prioritize efforts to refine greenhouse gas and air
pollutant measurement. Municipal solid waste landfills
continue to be a significant source of greenhouse gas and
hazardous air pollutant emissions. The Committees direct that
at least $1,000,000 be used by the Office of Research and
Development to support research grants to quantify emissions
of methane and hazardous air pollutants from landfills using
the most effective technologies, including near-infrared
imagining from satellites, and, during the times the
emissions are measured, any quantity of methane captured by
the landfill gas collection system, as well as strategies to
reduce such emissions across the municipal waste management
lifecycle, with a focus on diversion of organic discards from
landfills for composting and digesting.
Microplastics.--The Committees note the growing concern
regarding pervasive microplastic pollution. The Committees
support the Agency's research on microplastics in water
supplies and encourage the Agency to accelerate efforts to
characterize the risks to human and ecosystem health as well
as potential solutions. The Committees direct the Agency to
brief the Committees on these efforts within 180 days of
enactment of this Act.
Non-vertebrate Testing Methods.--The Committees note that
Public Law 114-182 (the Lautenberg Act) directed the Agency
to update Congress on efforts to advance non-animal testing
and goals for future alternative test methods and strategies
implementation. The Agency is directed to brief the
Committees on its efforts as well as the Agency's experience
with submitters developing information by means of an
alternative test method or strategy before conducting new
vertebrate animal testing, consistent with Section 4(h)(3)(A)
of the Act. The Committees also note that new approach
methodologies (NAMs), including in vitro tests, in chemico
assays and in silico models, represent key advances in
science to support hazard and risk assessments of pesticides
and chemicals. The Committees encourage the Agency to
continue supporting and performing research on the
development and evaluation of NAMs through the Chemical
Safety for Sustainability National Research Program.
Science to Achieve Results (STAR) Grants.--The agreement
provides funds to continue the STAR program and directs the
Agency to distribute grants consistent with fiscal year 2021.
The Committees also direct that funding for Children's
Environmental Health and Disease Prevention be continued. The
Committees support the efforts of the Agency to focus this
funding on research related to early life stage, including
prenatal, vulnerabilities to environmental stressors. The
Agency is directed to brief the Committees on the program
within 60 days of enactment of this Act.
Water Security Test Bed.--Consistent with House Report 117-
83 direction, the agreement provides up to $1,000,000 for
advancing full scale applied research and testing
capabilities to address threats to drinking water and
associated infrastructure at Water Security Test Bed
facilities.
Wildfire Smoke Research.--The Committees note with concern
the adverse health effects that smoke from wildfires has on
impacted communities. The Committees encourage the Agency to
expand its efforts to identify methods to reduce smoke
exposure during wildfire episodes and improve wildfire smoke
monitoring and prediction.
environmental programs and management
For Environmental Programs and Management, the bill
provides $2,964,025,000. The agreement provides the following
specific funding levels and direction:
Clean Air.--The agreement provides $290,328,000 for Clean
Air. The Committees recognize the value of and continues to
support the EnergySTAR program and other programs where EPA
works collaboratively with non-governmental entities to
identify beneficial methods to reduce emissions, reduce
pollution, or increase efficiency.
Compliance.--The agreement provides $103,500,000 for
Compliance.
Enforcement.--The agreement provides $335,934,000 for
Enforcement, of which, $94,159,000 is for environmental
justice to make significant progress implementing tasks
outlined in the ``EJ 2020 Action Agenda,'' and to continue
its EJ grant programs. The budget structure for Environmental
Justice remains consistent with prior years. In lieu of the
House directives regarding Environmental Justice contained in
House Report 117-83, the Agency is directed to provide the
Committees with a spend plan 30 days after enactment of this
Act and to provide a subsequent comprehensive briefing on how
Environmental Justice work will be conducted across the
Agency. Concurrently, the Committees expect the Agency to
outline a comprehensive Environmental Justice proposal in its
fiscal year 2023 budget, including specifics about a proposed
national program office and relevant program metrics, so that
the proposal can be transparently considered by all
stakeholders.
Environmental Protection: National Priorities.--The
agreement provides $25,700,000, an increase of $4,000,000
above the enacted level, for a competitive grant program for
qualified non-profit organizations to provide technical
assistance for improved water quality or safe drinking water,
adequate waste-water to small systems, or individual private
well owners. The Agency shall provide $22,000,000 for
Grassroots Rural and Small Community Water Systems Assistance
Act (Public Law 114-98), for activities specified under
section 1442(e) of the Safe Drinking Water Act (42 U.S.C.
300j-1(e)(8)). The Agency is also directed to provide
$2,700,000 for grants to qualified not-for-profit
organizations for technical assistance for individual private
well owners, with priority given to organizations that
currently provide technical and educational assistance to
individual private well owners. The Agency is directed to
provide on a national and multi-State regional basis,
$1,000,000 for grants to qualified organizations for the sole
purpose of providing on-site training and technical
assistance for wastewater systems. The Agency shall require
each grantee to provide a minimum 10 percent match, including
in-kind contributions. The Agency is directed to allocate
funds to grantees within 180 days of enactment of this Act.
Geographic Programs.--The agreement provides $587,192,000
as described in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The agreement provides
$348,000,000 for the Great Lakes Restoration Initiative. The
Agency shall continue to follow the direction as provided in
House Report 117-83 and Senate Report 115-276 related to the
Great Lakes Restoration Initiative.
Chesapeake Bay.--The agreement provides $88,000,000 for the
Chesapeake Bay program. From within the amount provided,
$9,625,000 is for nutrient and sediment removal grants and
$9,625,000 is for small watershed grants to control polluted
runoff from urban, suburban, and agricultural lands, and
$7,250,000 is for state-based implementation in the most
effective basins.
San Francisco Bay.--The agreement provides $24,000,000 for
the San Francisco Bay program. The Committees direct the
Agency to undertake priority activities within the San
Francisco Bay estuary Comprehensive Conservation and
Management Plan approved under section 320 of the Clean Water
Act.
Puget Sound.--The agreement provides $34,250,000 for Puget
Sound and the Agency is directed to follow the guidance in
House Report 117-83.
Long Island Sound.--The agreement provides $31,400,000 for
the Long Island Sound program and the Agency is directed to
follow the guidance in House Report 117-83.
South Florida.--The agreement provides $7,500,000 for the
South Florida program. Within the funds provided, the
Committees recommend at least $1,750,000 to monitor coral
health in South Florida; $1,025,000 to enhance water quality
and seagrass monitoring in the Caloosahatchee Estuary and
Indian River Lagoon, especially with respect to assessing the
impact of Lake Okeechobee discharges and harmful algal
blooms; and $1,025,000 to enhance water quality and seagrass
monitoring in Florida Bay and Biscayne Bay, especially with
respect to assessing the impact of Everglades Restoration
projects and harmful algal blooms.
Gulf of Mexico.--The agreement provides $22,447,000 for the
Gulf of Mexico Geographic Program. The Committees note that
hypoxia continues to be a growing cause for concern.
[[Page H2491]]
The Committees direct the Agency to coordinate with the
Department of Agriculture, the Gulf States, and other State,
local, and private partners to leverage greater resources
toward conservation projects on working-lands within the Gulf
Region and Mississippi River Basin. The Agency is directed to
distribute funds in the same manner as fiscal year 2021.
Lake Champlain.--The agreement provides $20,000,000 for the
Lake Champlain program. From within the amount provided,
$12,000,000 shall be allocated through the Lake Champlain
Basin Program and the remaining amount shall be directed to
support significant, impactful projects identified in the
State implementation plan that will make measurable progress
towards meeting the phosphorus reduction targets of the EPA's
2016 Phosphorus Total Maximum Daily Load Plan for Lake
Champlain.
Southern New England Estuaries.--The agreement provides
$6,000,000 for the Southern New England Estuaries program and
the Agency is directed to follow the guidance in House Report
117-83.
Great Lakes and Lake Champlain Invasive Species Program.--
The Committees appreciate receiving the Agency's recent plan
on its previous and planned actions to implement the Great
Lakes and Lake Champlain Invasive Species Program as
authorized by the Vessel Incident Discharge Act (Public Law
115-282). In fiscal year 2022, the Committees expect the
Agency to implement its plan expeditiously and direct the
Agency to continue to use funds from the appropriate
Geographic Programs to address invasive species in the Great
Lakes and Lake Champlain.
Information Exchange/Outreach.--The agreement provides
$125,046,000 for Information Exchange/Outreach. Environmental
Education is funded at not less than $8,615,000. The
Committees are concerned that the smart skin cancer education
program has recently received insufficient attention from the
Agency; therefore, the Agency is directed to use
Environmental Education funds for the smart skin cancer
education program, similar to prior years.
Resource Conservation and Recovery Act (RCRA).--The
agreement provides $120,075,000 for Resource Conservation and
Recovery Act. Of the funds provided under this program area,
$9,000,000 is for implementation of a Federal permit program
for coal combustion residuals in non-participating states, as
authorized under section 4005(d)(2)(B) of the Solid Waste
Disposal Act (42 U.S.C. 6945(d)(2)(B)), or to provide
technical assistance to states establishing their own
permitting program under section 4005(d) of the Solid Waste
Disposal Act (42 U.S.C. 6945(d)).
The Committees appreciate the work that EPA has done to
improve recycling rates across the country, including through
the National Recycling Strategy goal to increase the U.S.
recycling rate to 50 percent by 2030. The Committees
acknowledge the importance of the third goal laid out in the
National Recycling Strategy: to improve markets for recycled
content. The Committees recognize the need for a robust
market for recycled content and provide $1,000,000 to support
activities that will improve markets for recycled materials,
such as participating in the collaborative development of
minimum recycled content standards for certain single-use
products, reviewing and updating the products designated by
EPA's Comprehensive Procurement Guidelines Program, assessing
the extent to which toxic materials in plastics are re-
incorporated into new products, and updating the recommended
recycled-content levels of designated products. Additionally,
consistent with House Report 117-83 direction, the agreement
provides no less than $1,000,000 for the Agency to work with
relevant stakeholders to educate consumers and households
about residential and community recycling programs and an
additional $1,000,000 for the Agency to assist communities
with recycling infrastructure to help recapture valuable
materials and divert biodegradable materials from landfilling
to reduce the generation of methane gas.
The Committees provide $1,500,000 for the Agency to enter
into an agreement with the National Academy of Sciences to
conduct a study of the costs of recycling programs to State,
Tribal, local and municipal governments (including recycling
fees paid directly by residents) and to include policy
recommendations. The Agency is directed to provide a report
to the Committees within 270 days after enactment of this
Act.
The agreement does not include direction in House Report
117-83 under the heading ``Reducing Plastic Waste in
Commerce.''
Toxics Risk Review and Prevention.--The agreement provides
$98,060,000 for Toxics Risk Review and Prevention activities.
The Committees are providing increased resources to help
ensure the Agency can carry out EPA's duties under the Toxic
Substances Control Act (TSCA) as amended by the 2016
Lautenberg Act to bolster the transparency and scientific
integrity of the program. The Committees remind the Agency
that the Lautenberg Act established a shared responsibility
for the taxpayer and industry to contribute their share to
support the TSCA program. The Committees recognize that the
Agency has reproposed its TSCA Service Fees Rule and
encourage the Agency to properly consider full costs in its
deliberations, in line with the Lautenberg Act's intent.
Additionally, the Committees support the Safer Choice program
and direct that the program be funded and operated consistent
with prior years.
Water: Ecosystems.--The agreement provides $55,071,000 for
Water: Ecosystems and provides $35,000,000 for National
Estuary Program (NEP) grants as authorized by section 320 of
the Clean Water Act, and other activities. This amount is
sufficient to provide each of the 28 national estuaries in
the program with a grant of at least $750,000. Further, in
the Administrative Provisions section, the bill directs that
$2,000,000 in competitive grants be made available for
additional projects. The agreement also provides up to
$1,000,000 to support the Hypoxia Task Force's work, as
outlined in House Report 117-83, to provide assistance to
state and tribal partners as they implement comprehensive
water quality solutions designed to reduce nutrient loads in
waterways throughout the greater Mississippi River Basin,
consistent with the Gulf Hypoxia Action Plan.
Water: Human Health Protection.--The Committees recommend
$109,487,000 for Water: Human Health Protection. The
Committees urge the Agency to proceed expeditiously to
support monitoring for unregulated contaminants under Section
1445(a)(2)(C) of the Safe Drinking Water Act and direct the
Agency to brief the Committees on the Agency's implementation
plan within 180 days of the enactment of this Act.
To the extent there are eligible permit and primacy
applications for review, the agreement provides $5,000,000
for the Agency's continued work within the Underground
Injection Control program related to Class VI wells for
geologic sequestration to help develop expertise and capacity
at the Agency.
Water Quality Protection.--The agreement provides
$216,350,000 for Water Quality Protection. The Agency is
encouraged to continue using infrastructure solutions, such
as distribution network leak detection, pressure monitoring,
and sanitary and combined sewer monitoring technologies
during upgrades to water and wastewater systems, to optimize
water delivery performance, reduce energy usage, limit water
waste in distribution systems, and enhance modeling of sewer
collection networks. This will help to improve operations,
maintenance, and capital expenditure in planning and
budgeting and increase spatial and temporal monitoring data
available on U.S. water quality and quantity. The Committees
support the WaterSense program and appreciate EPA's work to
advance water recycling through the National Water Reuse
Action Plan (WRAP).
The Committees support the Agency's ongoing activities
related to integrated planning, which will be increasingly
necessary as States and communities work to meet their myriad
clean water obligations while keeping rates affordable for
water ratepayers. The Committees direct that funding for the
Office of Municipal Ombudsman, as authorized by Congress, be
funded at not less than the enacted level.
Additional Guidance.--The following additional guidance is
included:
Biointermediates.--The Committees appreciate the work of
the Agency to address the coprocessing of biointermediates
and urge the Agency to finalize a rule permitting the
production, transfer, and use of biointermediates. The
Committees direct the Agency to brief the Committees within
60 days of enactment of this Act about its plans for action.
Community Air Quality Monitoring.--The Committees urge the
Agency to prioritize air quality monitoring systems that
yield frequently repeated measurements of pollutants and
identify hotspots or areas of persistent elevated levels of
pollutants localized to and caused by the characteristics of
a specific geographic location. The Committees encourage the
Agency to utilize this information to provide regularly
updated data to overburdened and marginalized communities and
for public awareness and other activities.
Environmentally Preferable Purchasing Program.--The
Committees note that through the Environmentally Preferable
Purchasing Program, the Agency makes efforts to improve the
sustainable marketplace and uses purchasing power to help
catalyze sustainable products innovation. The Committees
direct the Agency to provide a briefing, within 180 days of
enactment of this Act, on planned updates to the
Recommendations of Specifications, Standards and Ecolabels
for Federal Purchasing and conducting lifecycle environmental
impact assessments to help reduce plastic waste.
Food Waste.--The Committees direct that, no later than
September 30, 2022, EPA, in coordination with the U.S.
Department of Agriculture, shall provide a briefing to the
Committees on how the nation is meeting, and how the agencies
are measuring progress against the U.S. 2030 Food Loss and
Waste Reduction Goal.
Modeling and Monitoring of Tijuana River Transboundary
Pollution Events.--Within existing funds, the Committees
encourage EPA to advance predictive models to assess and
evaluate potential infrastructure projects to reduce beach
closure days and other related impacts from transboundary
untreated sewage pollution events.
Output-Based Regulations.--The Committees encourage EPA to
inform States of applicable tools, such as output-based
regulations, that will encourage fuel efficiency as an air
pollution prevention measure and assist states in meeting
environmental and energy goals.
Pesticide Licensing and Stakeholder Engagement.--The
Committees urge EPA to consult with public health,
environmental, and other
[[Page H2492]]
non-governmental organizations, industry stakeholders, and
other interested parties in advance of the deadline for
progress reports required by Sec. 10115 of Agriculture
Improvement Act of 2018 (Public Law 115-334) and to provide
updates to stakeholders as appropriate. The Committees also
request that EPA continue to keep the Committees apprised of
stakeholder engagement activities, consistent with the timing
of progress reports to Congress on Endangered Species Act
consultation.
Pre-Commercial Thinning.--The Committees recognize that
precommercial thinning from non-Federal forestland that is
not ecologically sensitive forestland can qualify as
renewable biomass for purposes of the Renewable Fuel Standard
under the provisions detailed in 40 C.F.R. 80.1401. The
Committees encourage the Agency to support other Federal
agencies leading efforts to enhance markets for low-grade and
low-value wood.
Small Refinery Relief.--The Committees recognize that the
Renewable Fuels Standard (RFS) under Clean Air Act Section
211(o)(9) provides that EPA may exempt small refineries from
compliance with the RFS in certain circumstances and that a
small refinery ``may at any time petition the Administrator
for an extension of the exemption . . . for the reason of
disproportionate economic hardship.''
Transboundary Watersheds.--The Committees direct the Agency
to continue and expand its work coordinating with Federal,
State, local, and Tribal agencies to monitor and reduce
transboundary mining pollution in the Kootenai watershed and
other U.S.-British Columbia transboundary watersheds. The
Agency is also directed to report to the Committees within 90
days of enactment of this Act on its progress to document
baseline conditions and mining-related impacts, and any
additional staff or resources needed for this project. These
efforts are funded at no less than the enacted level.
Unregulated Contaminant Monitoring Rule.--The Committees
recognize stakeholder interest in monitoring additional
unregulated contaminants in drinking water beyond what was
recently proposed by EPA and encourage the Agency to consider
additional contaminants in future Unregulated Contaminant
Monitoring Rules.
Updating Safe Drinking Water Information System.--The
Committees recognize that the Safe Drinking Water Information
System is in need of updates and expansion to maximize its
utility for States, Territories, Tribes, utilities, and the
public. The Committees expect the Agency to provide a
briefing within 180 days of the enactment of this Act on the
Agency's plans and resource needs for on-going and upcoming
updates.
Water Infrastructure Interagency Coordination.--The
Committees urge EPA to fund specific interagency coordination
groups in support of effective water and wastewater
infrastructure and services to colonias and Tribal
communities. Interagency coordination groups should promote
interagency planning and program coordination to better
facilitate the construction, improvement, and maintenance of
water and wastewater infrastructure and services in colonias
and Tribal communities. The Interagency coordination groups
are also encouraged to coordinate research efforts on the
nexus between pollutant exposures, access to water, and
disparities in coronavirus mortality and morbidity rates.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
The agreement discontinues new appropriations for the
Hazardous Waste Electronic Manifest System Fund account,
consistent with the budget request. Because the e-Manifest
Program is now fully operational and fee-supported, funding
in this account is no longer necessary.
Office of Inspector General
The bill provides $44,030,000 for the Office of Inspector
General. The bill transfers $11,800,000 from the Hazardous
Substance Superfund account to this account.
BUILDINGS AND FACILITIES
The bill provides $34,752,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,232,850,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $11,800,000 to the Office of Inspector General
account and $30,985,000 to the Science and Technology
account. The agreement provides the following additional
direction:
Enforcement.--The agreement provides $181,355,000 for
Enforcement, of which, $5,841,000 is for the Environmental
Justice program.
Homeland Security.--The agreement provides $34,050,000 for
Homeland Security. The Agency is directed to include
$1,468,000 from these funds as part of the transfer to the
Science and Technology account.
Research: Chemical Safety and Sustainability.--The
agreement provides $12,824,000 for Research: Chemical Safety
and Sustainability. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
Research: Sustainable and Healthy Communities.--The
agreement provides $16,463,000 for Research: Sustainable and
Healthy Communities. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
Superfund Cleanup.--The agreement provides $816,773,000 for
Superfund Cleanup. Within this amount, the agreement provides
$192,000,000 for Emergency Response and Removal activities.
Additional Guidance.--The following additional guidance is
included:
Adaptive Management.--Adaptive Management continues to show
promise as a tool to expedite Superfund cleanup and
remediation, effectively balance cost and benefits, and
transition contaminated sites back into use while protecting
public health and the environment. The Committees continue to
be interested in the EPA's development of Adaptive Management
Guidance that can be consistently applied across EPA Regions.
The Committees encourage the Agency to prioritize the
finalization and implementation of the Guidance, and to
integrate it with the Agency's 2005 Contaminated Sediment
Remediation Guidance for Hazardous Waste Sites to ensure
consistent application of adaptive management at sediment
sites.
Bubbly Creek.--The Agency is directed to follow the
guidance in Senate Report 116-123.
Contaminants of Emerging Concern.--The Committees recommend
that Emergency Response and Removal activities include
collaborative work with State, Tribal, and local governments
to help communities address contaminants of emerging concern.
Furthermore, the Committees recommend that the Agency
expeditiously remediate Superfund sites contaminated by these
emerging contaminants, including PFAS, and provide technical
assistance and support to States and Tribes during the
remedial cleanup process.
Continued Improvements.--The Agency is directed to follow
the guidance in Senate Report 116-123.
Manganese.--The Committees are concerned about manganese
soil contamination in Chicago and encourage EPA to clean up
all affected areas to the lowest possible limits for
residential screening and monitoring to protect public
health.
Polychlorinated Byphenyls (PCB) Contamination.--The Agency
is directed to follow the guidance in Senate Report 116-123.
Tribal Guidance.--The Agency is directed to follow the
guidance in Senate Report 116-123.
Leaking Underground Storage Tank Trust Fund Program
The bill provides $92,293,000 for the Leaking Underground
Storage Tank Trust Fund Program.
Additional Guidance.--The following additional guidance is
included:
Tribal Consultation.--The Agency is directed to follow the
guidance in Senate Report 116-123.
Inland Oil Spill Programs
The bill provides $20,262,000 for Inland Oil Spill
Programs.
State and Tribal Assistance Grants
The bill provides $4,351,573,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Community Project Funding Items/Congressionally Directed
Spending Items.--From within funds provided for
capitalization grants for the Clean Water State Revolving
Fund and the Drinking Water State Revolving Fund, the
Committees recommend $443,639,051 from the Clean Water SRF
and $397,766,044 from the Drinking Water SRF be for Community
Project Funding/Congressionally Directed Spending grants for
the construction of drinking water, waste-water, and storm-
water infrastructure and for water quality protection. Each
project shall provide not less than 20 percent matching funds
from non-Federal sources, unless approved for a waiver.
Applicable Federal requirements that would apply to a Clean
Water State Revolving Fund or Drinking Water State Revolving
Fund project grant recipient shall apply to a grantee
receiving a CPF grant under this section. The Committees note
that the following funding sources are to be treated as non-
Federal funds and can be used to meet the non-Federal
matching fund requirement: U.S. Department of Housing and
Urban Development, Community Development Block Grant program;
U.S. Department of Agriculture, Rural Development Program;
and Appalachian Regional Commission grants. Funding made
available to jurisdictions through the American Rescue Plan
Act of 2021 (P.L. 117-2) are considered Federal funds and may
not be applied towards the non-Federal cost share
requirement. A detailed list of projects is in the table
titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending
Items.''
Clean Water State Revolving Fund (CWSRF).--The agreement
provides $1,638,826,000 for the Clean Water SRF and directs
the Agency to brief the Committees on addressing the impacts
of nonpoint source pollution and stormwater runoff through
the use of nature-based and other low impact development
techniques.
Infrastructure Assistance.--The agreement provides
$3,252,189,000 for infrastructure assistance. The Committees
are aware that the Agency requires a certified operator in
order to release funds for certain water and sanitation
funding; however, some communities do not have a community
system for either, or access to a certified operator.
Therefore, the Committees direct the Agency to work with the
Indian Health Service and those communities that lack water
and sanitation systems, as well as a certified operator, to
prevent the potential loss of funding and develop a training
plan for operator certification.
[[Page H2493]]
Brownfields Program.--The agreement provides $91,987,000
for Brownfields grants and directs that at least 10 percent
of such grants be provided to areas in which at least 20
percent of the population has lived under the poverty level
over the past 30 years as determined by censuses and the most
recent Small Area Income and Poverty Estimates. The bill
makes U.S. territories and possessions categorically eligible
for funding from within this set-aside.
The Committees note the value of multipurpose Brownfields
grant awards, especially in communities that have clusters of
Brownfield sites distributed over a larger geographic area.
Many communities find that these larger awards allow for more
rapid, cost-effective remediation and redevelopment planning,
which in turn produce greater leveraging of Brownfields
funding and offer more substantial returns on Federal
investment. The Committees urge the Agency to tailor the size
and frequency of multi-purpose awards to the needs of each
region, in order to make grant funding consistently available
to communities with Brownfields sites.
Diesel Emission Reductions Grants (DERA).--The agreement
provides $92,000,000 for DERA grants. The Committees note
that the DERA program was recently reauthorized through 2024.
The Committees support the use of DERA funding in
transportation electrification projects.
Targeted Airshed Grants.--The agreement provides
$61,927,000 for Targeted Airshed Grants. These grants shall
be distributed on a competitive basis to nonattainment areas
that the Agency determines are ranked as the top five most
polluted areas relative to annual ozone or particulate matter
2.5 standards, as well as the top five areas based on the 24-
hour particulate matter 2.5 standard where the design values
exceed the 35 mg/m3 standard. To determine these areas, the
Agency shall use the most recent design values calculated
from validated air quality data. The Committees note that
these funds are available for emission reduction activities
deemed necessary for compliance with national ambient air
quality standards and included in a State Implementation Plan
submitted to the Agency. Not later than the end of fiscal
year 2022, the Agency should provide a report to the
Committees that includes a table showing how fiscal year 2020
and 2021 funds were allocated. The table should also include
grant recipients and metrics for anticipated or actual
results.
Combined Sewer Overflow Grants.--The agreement provides
$43,000,000 for Combined Sewer Overflow Grants to control and
treat sewer overflows as authorized and in accordance with
section 4106 of America's Water Infrastructure Act (P.L. 115-
270).
Categorical Grants.--The agreement provides $1,099,384,000
for Categorical Grants. Funding levels are specified in the
table at the end of this division.
Categorical Grant: Hazardous Waste Financial Assistance.--
The agreement provides $102,500,000 for Hazardous Waste
Financial Assistance Grants. The bill includes a provision to
spend categorical grant funds for the purpose of providing
grants to assist States in the development and implementation
of state programs for the control of coal combustion
residuals under section 2301 of the Water and Waste Act of
2016 (Public Law 114-322), and the Agency is directed to
allocate $4,000,000 from the Hazardous Waste Financial
Assistance categorical grants program project for this
purpose. The Committees note that funds awarded under the
authority provided by this Act are not subject to section
3011 of the Solid Waste Disposal Act (Public Law 89-272).
Categorical Grant: Nonpoint Source (Sec. 319).--The
agreement provides $178,000,000 for Nonpoint Source (Sec.
319) Grants. Within existing resources, the Committees urge
the Agency to work with recipients to prioritize efforts to
reduce non-point source pollution to help significantly
reduce both the frequency and severity of Harmful Algal
Blooms. The Committees also support ongoing efforts through
non-point source programs and other mechanisms to reduce the
amounts of plastic and other trash from entering waterways.
Categorical Grant: Public Water System Supervision.--The
agreement provides $113,000,000 in Public Water System
Supervision Grants, $1,000,000 above the enacted level. Of
the funds provided, $10,000,000 is to further support States,
Territories, and Tribes in addressing PFAS and other
contaminants of emerging concern as they carry out their
Public Water System Supervision programs.
Categorical Grant State and Local Air Quality Management.--
The agreement provides $231,391,000 for State and Local Air
Quality Management Grants. The Agency is directed to allocate
funds for this program using the same formula as fiscal year
2015. Should the Agency seek to change the formula, it should
submit a proposal in its fiscal year 2023 budget
justification for consideration by the Committees.
Wildfire Smoke Preparedness.--The agreement provides
$4,000,000 for wildfire smoke preparedness grants. These
grants shall be distributed on a competitive basis to States,
federally recognized Tribes, public pre-schools, local
educational agencies as defined in 20 U.S.C. 7801(30), and
non-profit organizations, for assessment, prevention,
control, or abatement of wildfire smoke hazards in community
buildings including schools as defined in 20 U.S.C. 3610(6),
and related activities. The Federal share of the costs of
such activities shall not exceed 90 percent except that the
Administrator may waive such cost share requirement in the
case of facilities located in economically distressed
communities. A maximum of 25 percent of grant funding under
this paragraph during this fiscal year may go to recipients
in any one State.
Additional Guidance.--The following additional guidance is
included:
National Water System Performance.--In lieu of the
directive in House Report 117-83 under the heading ``National
Water System Consolidation Assessment,'' the Agency is
directed to brief the Committees with 90 days of enactment of
this Act on the financial and technical capacity of smaller
water systems to meet Federal water quality standards. The
briefing should also include a review of the ability of the
Drinking Water Needs Survey to assess water systems'
capability to meet these standards and the average debt
levels of such systems.
Use of Iron and Steel.--The bill includes language in title
IV general provisions that stipulates requirements for the
use of iron and steel in State Revolving Fund projects, and
the agreement includes only the following guidance: the
Committees acknowledge that the Agency may issue a waiver of
said requirements for de minimis amounts of iron and steel
building materials. The Committees emphasize that any coating
processes that are applied to the external surface of iron
and steel components that otherwise qualify under the
procurement preference shall not render such products
ineligible for the procurement preference regardless of where
the coating processes occur, provided that final assembly of
the products occurs in the United States.
Water Infrastructure Finance and Innovation Program Account
The agreement provides a total of $69,526,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program. Of
the amount provided, $5,000,000 shall be for implementation
of the SRF WIN Act, as authorized by section 4201 of Public
Law 115-270. Greater investment in the replacement of aging
infrastructure will help mitigate nationwide issues the
Committees are tracking related to contaminants such as lead
and arsenic, Combined Sewer Overflows and Sanitary Sewer
Overflows, and the pressing need to improve water delivery.
Administrative Provisions--Environmental Protection Agency
(INCLUDING TRANSFERS OF FUNDS)
The bill continues several administrative provisions from
previous years.
The bill provides for the collection and obligation of
certain hazardous waste electronic manifest fees in
accordance with the Solid Waste Disposal Act.
The bill directs the availability of not less than
$2,000,000 of funds for the National Estuary Program for
competitive grants.
The bill clarifies the use of aircraft in Superfund site
cleanups financed through Special Accounts.
The bill clarifies the availability of expenditures for
information technology from the Working Capital Fund.
The bill provides for the Office of Chemical Safety and
Pollution Prevention and the Office of Water in fiscal year
2022 to use up to $2,000,000 to hire students and recent
graduates as contractors on a temporary or intermittent
basis.
The bill provides certain hiring authorities related to
certain specialized professional positions for fiscal years
2022-2025.
Additional Guidance.--The following additional guidance is
included:
Title 42 Hiring Authority.--The agreement expands the
authority for the Agency to hire scientists under 42 U.S.C.
209 in the Office of Research and Development (ORD) and the
Office of Chemical Safety and Pollution Prevention (OCSPP)
through 2025. Within the funding provided, the Agency is
directed to enter into an agreement with the National Academy
of Sciences to conduct a study on the Agency's use of Title
42 special hiring authority over the last ten years and how
Title 42 hires have uniquely contributed to the Agency's
mission. The study should also consider what controls the
Agency has in place to ensure hiring practices are
consistent, whether the Agency is using the authority to hire
scientists that are in the highest priority fields, and what
improvements the Agency can make to better manage its special
hiring authority.
TITLE III--RELATED AGENCIES
Department of Agriculture
Office of the Under Secretary for Natural Resources and Environment
The bill provides $1,000,000 for the Office of the Under
Secretary for Natural Resources and Environment.
The Under Secretary is directed to brief the Committees
within 90 days of enactment of this Act on a plan to promote
innovative biomass usage within the Department and across the
government, with the aim of creating additional markets for
hazardous fuels materials, and to encourage the use of wood
products as a green building material, and potentially aid in
carbon storage.
FOREST SERVICE
The agreement maintains funding for the activities
delineated in House Report 117-83, unless otherwise specified
herein, which the Service will fund with the appropriate
combination of salaries and expenses and programmatic funds
within each appropriations account.
The agreement provides up to $10,000,000 for remote
wildfire detection and an increase
[[Page H2494]]
of up to $1,500,000 for national scenic and historic trails.
The agreement provides funding to meet new federal minimum
wage standards and the Service is directed to use additional
salaries and expenses resources to strengthen the permanent
wildland fire workforce through increased hiring and
conversion of seasonal to permanent positions.
The agreement provides $1,700,000 for Sudden Oak Death
treatments and partnerships with States and private
landowners. The Service is also expected to partner with
Tribes to prioritize recovery on lands impacted by wildfire.
The Service should consider a separate budget line item for
restoring burned areas in future budget submissions. Lake
Tahoe Restoration Act activities are funded as directed in
House Report 117-83.
The Service should provide a legislative proposal to
establish a non-profit organization that would complement its
International Programs and Trade Compliance mission and
expand its impacts to benefit American forestry stakeholders
through global engagement on climate change, forest products
trade, U.S. migratory species habitat conservation, and
initiatives to protect American forests from invasive pests.
The Service is directed to submit a report to the
Committees detailing its strategy for pursuing the maximum
utilization of domestic labor and long-term workforce
development within 90 days of enactment of this Act.
FOREST SERVICE OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,069,086,000 for Forest Service
Operations. The detailed allocation of funding by activity is
included in the table accompanying this explanatory
statement.
FOREST AND RANGELAND RESEARCH
The bill provides $296,616,000 for Forest and Rangeland
Research. Each of the existing facilities and programs shall
be funded at no less than the enacted level. Funding for new
research herein and new geographically-based initiatives
shall not to be factored into base allocations. The detailed
allocation of funding by activity is included in the table
accompanying this explanatory statement.
The Service is directed to work with the National
Agricultural Statistical Service to determine the best way to
survey and report non-timber forest products [NTFP] harvest
volumes on National Forest lands.
Funding Directives.--The agreement provides for the
following research priorities:
--$4,000,000 to the Joint Fire Science program, which
combined with funding in the Department of Interior provides
$8,000,000 in total.
--$2,000,000 for collaborative research to determine the
quantity and spatial distribution of forest biomass and
carbon at multiple spatial scales and analyze the financial
impact of this determination to provide forest carbon program
participants with greater opportunities for income
generation.
--$3,000,000 to conduct collaborative research to determine
the distribution and movement of needle pathogens, understand
the disease cycle and the environmental factors that drive
the emergence and distribution of the needle pathogens, and
determine if the appearance is due to more aggressive strains
of the pathogens and the origins of the pathogens.
--$5,000,000 to support the Northeastern States Research
Cooperative. The Service is directed to continue to utilize
existing partnerships with research institutions and States
to fund research to establish methods, tools, and standard
protocols that help quantify forest ecosystem services,
particularly carbon, in natural forested regions as a
resource that can be managed by forest landowners for
ecological and economic benefit.
--$2,000,000 for research on forest-based cellulose
nanomaterials, including material forms, manufacturing
processes, and technology transfer.
--$2,000,000 to support new and existing academic
partnerships to further explore the use of available
technologies like remote sensing and methodologies such as
small area estimation to further refine county and State
biomass estimates as outlined in Sec. 8632 of Public Law 115-
334.
--$4,000,000 for cooperative research to develop new
understandings and innovative solutions to address wildfire
impacts on forested source water, downstream clean water, and
water treatability.
--$3,000,000 for university-led research and partnerships
to better understand fires in the wildland-urban interface,
improve workforce development for wildfire management
professionals, and improve the safety and efficiency of
wildland firefighting techniques.
--$1,500,000 to conduct collaborative research to develop
remote sensing capabilities that deploy acoustic technologies
for wildfire monitoring.
STATE AND PRIVATE FORESTRY
The bill provides $315,198,000 for State and Private
Forestry. The detailed allocation of funding by activity is
included in the table accompanying this explanatory
statement. All funding for specific programs, directives, or
congressionally directed spending identified herein is in
addition to funds otherwise provided to States and regions
through the formula and competitive grant process and
therefore is not to be factored into those allocations.
The Service is directed to support local organizations for
implementing smaller-scale restoration projects through
grants to increase organizations' capacity to collaborate on
projects on Federal and non-Federal lands that benefit the
National Forest System. The Service should model this
initiative on the Community Capacity and Land Stewardship
program and engage with the National Forest Foundation. The
Service is directed to brief the Committees on how it will
carry out this program within 90 days of enactment of this
Act.
Within the funds provided, $1,000,000 is for the Forest
Ecosystem Monitoring Cooperative to support existing academic
partnerships in the Northern Forest Region. A reduced non-
Federal cost share shall be negotiated with the host agencies
to enable full implementation of the program. The Service is
directed to continue to utilize existing partnerships with
research institutions and States to fund research to
establish methods, tools, and standard protocols that help
quantify forest ecosystem services, particularly carbon, in
natural forested regions as a resource that can be managed by
forest landowners for ecological and economic benefit.
Cooperative Fire Assistance.--The bill provides $75,000,000
for State Fire Capacity Grants, formerly State Fire
Assistance, and $20,000,000 for Volunteer Fire Capacity
Grants, formerly Volunteer Fire Assistance. The Forest
Service is directed to use these titles in future budget
submissions and agency documents.
Cooperative Forestry.--The Service is directed to work with
States and Tribes to prioritize insect prevention,
suppression, and mitigation projects on non-Federal land that
support community wildfire protection and State forest action
plans.
Forest Resource Information and Analysis.--The bill
provides $29,955,500 for congressionally directed spending in
this program. A detailed list of projects is included in the
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' table
accompanying this statement. Recipients are reminded that
cost sharing requirements may apply to these projects.
NATIONAL FOREST SYSTEM
The bill provides $1,866,545,000 for the National Forest
System. The detailed allocation of funding by activity is
included in the table accompanying this explanatory
statement.
Land Management Planning, Assessment, and Monitoring.--Land
management plan revisions and amendments should be tracked
and reported in the annual budget submission. The Service is
directed to report to the Committees within 180 days of
enactment of this Act on the current list of forest
management plans and comprehensive river management plans
requiring revision or completion, a proposed course of
action, and a timeline for compliance with the underlying
statute.
Recreation, Heritage, and Wilderness.--Within the funds
provided, $1,000,000 is included for the Office of
Recreation, Heritage and Volunteer Resources--Travel, Tourism
and Interpretation Program to continue implementation of the
Native American Tourism and Improving Visitor Experience
[NATIVE] Act (Public Law 114-221) and to engage with Tribes,
Tribal organizations, and Native Hawaiian organizations to
promote sustainable native tourism activities, and $3,000,000
is included to support infrastructure and trails development
and to build the capacity of local user groups and
partnership organizations, to be divided equally between
National Recreation Areas administered by the Forest Service
and established after 1997.
Grazing Management.--The Service is directed, to the
greatest extent practicable, to make vacant grazing
allotments available to a holder of a grazing permit or lease
when lands covered by the holder of the permit or lease are
unusable because of drought or wildfire. The Service is
directed to brief the Committees within 90 days of enactment
of this Act on its progress to relieve the backlog of fully
processed permits. The Service is further directed to report
to the Committees within 180 days of enactment of this Act on
the number of grazing permits by region and unit that are the
subject of the general provision related to the extension of
grazing permits, a proposed course of action, and a timeline
for compliance to the underlying statute.
Hazardous Fuels.--The bill provides $187,388,000 for
Hazardous Fuels. Of the funds made available, $12,000,000 is
for the Community Wood Energy Program; $20,000,000 is for
Wood Innovation Grants, of which $2,000,000 is for grants to
develop timber professional cooperatives that will address
deficiencies in wood product infrastructure; and $6,000,000
is provided for the Southwest Ecological Restoration
Institutes to continue to assist communities and land
managers in applying hazardous fuels and wildfire risk
reduction treatments, conducting monitoring and evaluation
research, providing technical assistance, and for independent
analysis of managed fire. The agreement directs the Service
to work with States in accordance with their State forest
action plan for the removal of hazardous fuels caused by
beetle infestation.
Prescribed Fire.--The Service is directed to report in the
annual budget submission on prescribed fire activities by
region for the previous fiscal year.
The Service must expand its efforts on innovative biomass
uses, giving precedence to funding Wood Innovation Grant
projects that will open the door to new, widespread uses for
wood-based nanotechnology, mass timber
[[Page H2495]]
and cross-laminated timber, high-energy efficient wood for
energy production, affordable housing, and other promising
products.
Wildlife and Fish Habitat Management.--The bill provides
$22,000,000 for Wildlife and Fish Habitat Management of which
no less than the enacted level will be spent on threatened
and endangered species activities and contribute to
significant recovery actions. The Service should set
performance indicators and other accountability measures for
these activities in order to track its expenditures to comply
with reporting requirements.
The direction contained in Senate Report 116-123 regarding
Tariffs on Timber Exports is continued.
Salaries and Expenses.--The bill provides $1,459,352,000
for Salaries and Expenses, including for employees who carry
out functions funded by the Capital Improvement and
Maintenance, Range Betterment Fund, and Management of
National Forest Lands for Subsistence Uses accounts.
SQF Complex Fire.--The Service's ongoing fire recovery and
rehabilitation efforts in the Sequoia National Forest as a
result of the SQF Complex Fire is appreciated and the Service
is directed to continue prioritizing projects that mitigate
safety hazards in burned areas so they can be reopened to the
public, promote ecological restoration, reduce the risk of
future catastrophic wildfires, and protect the giant
sequoias. Within 180 days of enactment of this Act, the
Service is directed to provide a report to the Committees on
the status of SQF Complex Fire restoration projects along
with estimates of future funding needs.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $159,049,000 for Capital Improvement and
Maintenance programs.
Legacy Restoration Fund.--The Service is directed to ensure
that the comprehensive list of deferred maintenance projects
are included in the prioritization for funding, with
particular emphasis on any projects related to life and
safety and that require a substantial financial investment.
Facilities.--The bill provides $54,037,000 for Facilities.
The Service is encouraged to partner with non-Federal
entities to meet its statutory responsibilities for
preserving and curating its historical collection and the
agreement includes sufficient funding for new repository
space.
Roads.--The bill includes $70,645,000 for Roads to provide
safe and improved access to national forest lands while
protecting water quality and natural resources.
Trails.--The bill includes $18,500,000 for Trails. The
Forest Service is directed to continue to collaborate with
regional training centers and to focus on maintaining
geographical diversity in its partnerships.
Legacy Roads and Trails.--The bill provides $5,000,000 for
Legacy Roads and Trails in a restored budget line item. The
Service is directed to include accomplishment data to
accompany the annual budget submission, including miles of
roads improved and maintained, miles of trails improved and
maintained, miles of roads decommissioned, miles of streams
restored, number of bridges fixed, number of bridges and
culverts constructed, and number of jobs created.
Construction Projects.--The bill provides $10,867,000 for
the following capital improvement funding requirements, which
are also included in the ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' table accompanying
this explanatory statement:
--$5,770,000 for bridge and trailhead improvements on the
Iditarod National Historic Trail, Chugach NF
--$2,500,000 for new and improved mountain biking trails,
Green Mountain NF
--$1,000,000 for a community-based master recreation plan
and recreational improvements at Lake Okhissa, Homochitto NF
--$472,000 for an all-weather surface on Forest Road 512,
Tonto NF
--$1,125,000 for planning and implementation of
improvements on the Franconia Ridge Trail, White Mountains NF
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $664,000 for the Acquisition of Lands for
National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $150,000 for the Acquisition of Lands to
Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $1,719,000 for the Range Betterment Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $45,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $1,099,000 for the Management of National
Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides a total of $2,005,106,000 for Forest
Service Wildland Fire Management, including $172,000,000 for
preparedness, $1,011,000,000 for suppression operations, and
$822,106,000 for salaries and expenses. Combined with
$2,120,000,000 provided in the Wildfire Suppression
Operations Reserve Fund, the total amount for fire
suppression operations at the Forest Service is
$3,131,000,000 for fiscal year 2022.
The Service should work to construct standardized
cooperative fire protection agreement language among Federal,
State, Tribal, and local partners to address
interjurisdictional fire reimbursement challenges, including
barriers for small municipalities.
WILDLAND SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $2,120,000,000 for the Wildfire
Suppression Operations Reserve Fund, which is $80,000,000
above the enacted level. S. Con. Res. 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022,
included a budget cap adjustment for wildfire suppression
costs and this additional funding is included for fiscal year
2022.
Department of Health and Human Services
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The bill provides a total of $6,630,986,000 for the Indian
Health Service (IHS), of which $4,660,658,000 is for the
Services account as detailed below. All programs, projects,
and activities are maintained at fiscal year 2021 enacted
levels unless otherwise specified below. IHS is expected to
comply with the instructions and requirements at the
beginning of this division and in House Report 117--83,
unless otherwise specified below. Language contained in the
explanatory statement accompanying the Consolidated
Appropriations Act, 2021 (Public Law 116-260) regarding
market-specific pay scales, limitations on incentives,
tracking improvements to patient health, use of accreditation
emergency funds, joint venture solicitations, and
interoperability and compatibility of the new electronic
health record system with the Department of Veterans' Affairs
system is restated. Language contained in Senate Report 116-
123 regarding the Alaska Comprehensive Forensic Training
Academy, first aid kit enhancements, and dental health
therapy is restated. Additional details, instructions, and
requirements follow below and in the table at the end of this
division.
Addressing Sexual Abuse.--The Committees remain deeply
concerned about reports of sexual abuse at IHS operated
facilities. IHS is to take prompt action on any new
allegations, and keep the Committees apprised on
implementation of recommendations to prevent sexual abuse.
Further the Committees remind IHS of direction contained in
the House bill and incorporate language included in the
fiscal year 2021 explanatory statement related to addressing
sexual abuse.
Current Services.--The agreement includes $109,855,000 for
pay costs and inflation, which is based upon updated recent
estimates provided to the Committees. The Committees expect
IHS to disburse all funding provided for current services
upon receipt, and to consult with the Committees before
withholding any appropriated funds.
Staffing for New Facilities.--The agreement includes
$90,412,000 for staffing newly opened health facilities,
which is the full amount required in fiscal year 2022 based
upon updated estimates provided to the Committees. Funds for
staffing of new facilities are limited to facilities funded
through the Health Care Facilities Construction Priority
System or the Joint Venture Construction Program that have
opened in fiscal year 2021 or will open in fiscal year 2022.
None of these funds may be allocated to a facility until such
facility has achieved beneficial occupancy status. As initial
estimates included as part of the annual budget request are
refined, IHS is expected to communicate updated cost
estimates to the Committees.
Hospitals and Health Clinics.--The agreement provides
$2,399,169,000 for hospitals and health clinics, which
includes an additional $14,000,000 for Tribal epidemiology
centers, an additional $500,000 for the Alzheimer's program,
as directed in the House report, and an additional $1,000,000
to improve maternal health. Also included is $3,000,000 to
establish a Produce Prescription Pilot program as directed in
the House report 117-83. The agreement continues funding at
the fiscal year 2021 enacted levels for the existing Tribal
dental health therapist training program that trains students
in Alaska, Washington, Idaho, and Oregon, Community Health
Aide Program, the domestic violence prevention program,
accreditation emergencies as discussed in the House report,
village built clinics, health information technology, healthy
lifestyles in youth project, the combatting Hepatitis C and
HIV Initiative, and the National Indian Health Board
cooperative agreement.
Diabetic Retinopathy.--The Committees understand the Joslin
Vision Network is evaluating ways to enhance diabetic
retinopathy detection and encourages IHS to assess current
FDA approved autonomous artificial intelligence systems to
determine if these systems improve outcomes and lower
treatment costs.
Village Built Clinics (VBC).--The Committees direct IHS to
work collaboratively with impacted Tribes and Tribal
organizations to produce, within 270 days of enactment of
this Act, the data needed to accurately calculate the funding
for VBC lease funding, including the number of active VBC
facilities, their current funding levels, and if necessary,
any additional amounts needed to fully fund the eligible
operating and ownership costs for all VBC facilities.
Electronic Health Records.--The agreement provides
$145,019,000 for Electronic Health
[[Page H2496]]
Records (EHR), which includes an additional $110,500,000 for
uses as requested.
Dental Health.--The agreement provides $235,788,000 for
dental health and includes increases of $1,000,000 for
electronic dental health records and $1,000,000 for Dental
Support Centers as discussed in the House report.
Mental Health.--The bill provides $121,946,000 for mental
health, which continues funding at fiscal year 2021 enacted
levels for the behavioral health integration initiative, for
suicide prevention, and for the Telebehavioral Health Center
of Excellence.
Alcohol and Substance Abuse.--The bill provides
$258,343,000 for the alcohol and substance abuse program. The
agreement includes an additional $1,000,000 general program
increase to address opioid abuse with instructions for IHS to
comply with the explanatory statement accompanying Public Law
116-94. In addition, the agreement continues the Generation
Indigenous, Youth Pilot project, and essential detoxification
services, which shall be distributed as directed in Senate
Report 116-123.
Purchased/Referred Care.--The agreement includes
$984,887,000 for the Purchased/Referred Care program, which
maintains funding for the Indian Catastrophic Health Fund at
fiscal year 2021 enacted levels.
Public Health Nursing.--The agreement includes $102,466,000
for the public health nursing program, which includes a
$2,000,000 general program increase.
Urban Indian health.--The agreement includes $73,424,000
for the Urban Indian health program, which includes a
$10,000,000 general program increase.
Indian Health Professions.--The agreement provides
$73,039,000 for Indian health professions, which includes an
additional $5,000,000 for the loan repayment program. Funding
is continued at fiscal year 2021 enacted levels for the InMed
program, including the fourth site expansion, Quentin N.
Burdick Indians into Nursing, and the American Indians into
Psychology Programs.
Direct Operations.--The bill provides $95,046,000 for
direct operations, which includes a program increase of
$10,000,000 for management and operations. These funds are to
be used to address long-standing management issues, including
hiring and ensuring adequately trained staff to manage
contract support costs and payments for Tribal leases,
quality and oversight activities, to implement
recommendations to prevent child sexual abuse, and other uses
as proposed in the budget request. The Committees expect IHS
to prepare the study on urban Indian organization
infrastructure needs with the funding and direction provided
in fiscal year 2021, and to redirect savings from completion
of the study to address management issues noted above.
CONTRACT SUPPORT COSTS
The bill continues language from fiscal year 2021 providing
an indefinite appropriation to fully fund contract support
costs, which are estimated to be $880,000,000 in fiscal year
2022.
The Committees are aware that recent actions taken by the
Service are causing confusion and concern among Tribes and
national and regional Tribal organizations. The Committees
direct the Service to report 30 days after enactment of this
Act explaining whether recent actions taken by the Service
indicate a major shift in the way contract support costs are
being calculated or if the Service interprets the Cook Inlet
Tribal Council v. Dotomain decision and recent actions as a
restatement of current law. The Committees direct the Service
to clearly explain the rationale behind its interpretation of
the Cook Inlet decision and articulate whether current
practices for calculating contract support costs will change.
PAYMENTS FOR TRIBAL LEASES
The bill continues language from fiscal year 2021 providing
an indefinite appropriation to fully fund payments for Tribal
leases, which are estimated to be $150,000,000 in fiscal year
2022.
INDIAN HEALTH FACILITIES
The bill provides $940,328,000 for Indian Health
Facilities. All programs, projects, and activities are
maintained at fiscal year 2021 enacted levels unless
otherwise specified below. IHS is expected to comply with the
instructions and requirements at the beginning of this
division and in House Report 117-83, unless otherwise
specified below. Language contained in explanatory statement
accompanying Public Law 116-6 regarding health impacts of
inadequate sanitation, Mt. Edgecombe, and Alaska facility
assessments is restated.
Current Services.--The agreement includes $9,955,000 for
pay costs and inflation, which is based upon updated
estimates provided to the Committees. The stipulation
included in ``Indian Health Services'' regarding prompt
distribution of funds pertains to this account as well.
Staffing for New Facilities.--The bill includes $8,485,000
for staffing newly opened health facilities, which is the
full amount based upon updated estimates provided to the
Committees. The stipulations included in the ``Indian Health
Services''' account regarding the allocation of funds pertain
to this account as well.
Sanitation Facilities Construction.--The agreement provides
$197,783,000 for sanitation facilities construction, which
continues funding at fiscal year 2021 enacted levels to
provide technical assistance, training, and guidance to
sanitation operators, families, and communities regarding the
operation and maintenance of water supply and sewage disposal
facilities. The bill also includes $40,171,000 for
Congressionally Directed Spending (CDS) projects as shown on
the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items''' at the end of this division. The
Infrastructure Investment and Jobs Act (Public Law 117-58)
provided $3,500,000,000 to address the sanitation backlog.
Within 90 days of enactment of this Act, the Committees
expect IHS to submit an updated fiscal year 2022 spend plan
for the funds provided herein. Further, the Committees expect
IHS to include an updated five-year spend plan in fiscal year
2023 for any funds requested.
Health Care Facilities Construction.--The agreement
provides $259,293,000 for health care facilities
construction, which continues funding at fiscal year 2021
enacted levels for quarters, green infrastructure as directed
in the explanatory statement accompanying Public Law 116-94,
and small ambulatory clinics, including the funds for
replacement and expansion projects. The agreement directs the
Agency to report to the Committees within 90 days of
enactment of this Act on how these funds will be distributed
as well as the estimated number of quarters and associated
costs for new staff quarters at existing health facilities.
Facilities and Environmental Health.--The agreement
provides $283,124,000 for this program, which includes
$3,000,000 for preliminary engineering reports.
Equipment.--The bill provides $30,464,000 for equipment,
which continues $500,000 for TRANSAM and includes a
$1,000,000 increase for emergency generators, as directed in
House Report 116-448.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The agreement provides $82,540,000 for the National
Institute of Environmental Health Sciences. The Committees
continue the $2,000,000 provided in fiscal year 2021 as base
funds in fiscal year 2022 to further the Institute's work on
PFAS and other contaminants of emerging concern. The
Institute both leads and supports significant research on
PFAS that will result in better remediation outcomes.
Further, of the funds provided, not less than $1,750,000
shall be to support risk reduction for Native Americans to
hazardous metals mixtures from abandoned uranium mine waste.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The agreement provides $80,500,000. The Committees continue
the $2,000,000 provided in fiscal year 2021 to further the
Agency's work on PFAS and other contaminants of emerging
concern.
Birth Cohort Study.--The bill provides funding for
continuation of the birth cohort study on the Navajo Nation.
The Committees support the study to better understand the
relationship between uranium exposures, birth outcomes, and
early developmental delays on the Navajo Nation.
Pediatric Environmental Health Specialty Units.--The
Committees encourage the Agency to continue support for
Pediatric Environmental Health Specialty Units.
OTHER RELATED AGENCIES
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The agreement provides $4,200,000 for the Council on
Environmental Quality and Office of Environmental Quality.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
The bill provides $13,400,000 for the Chemical Safety and
Hazard Investigation Board. The Committees urge the Board to
address long-standing management challenges and staff vacancy
issues so that it can effectively and fully accomplish its
critical mission. The Committees also direct the Board to
brief the Committees on proposed funding needs and budget
structure for fiscal year 2023.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The bill does not provide new appropriations for fiscal
year 2022, however, a total of $3,150,000 is made available
from unobligated balances for fiscal year 2022 operations.
The bill continues the direction provided in the explanatory
statement accompanying Division G of the Consolidated
Appropriations Act, 2017 (Public Law 115-31). There is
continued commitment to bringing the relocation process to an
orderly conclusion and ensuring all eligible relocatees
receive the relocation benefits to which they are entitled.
Consultation with all affected parties and agencies is the
key to a transparent, orderly closeout.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The bill provides $11,741,000 for fixed costs and academic
programs of the Institute of American Indian Arts, which
includes an additional $228,000 as requested and an
additional $741,000 for fixed costs.
[[Page H2497]]
Smithsonian Institution
SALARIES AND EXPENSES
The agreement provides a total of $1,062,215,000 for all
Smithsonian Institution accounts, of which $852,215,000 is
provided for salaries and expenses, which includes fixed
costs. The detailed allocation of funding is included in the
table at the end of this explanatory statement.
Within amounts provided for the Salaries and Expenses
account, the agreement includes $8,324,000 for the National
Museum of the American Latino which integrates the funding
for the Latino Pool and Latino Center into the museum line,
and $7,500,000 for the Smithsonian American Women's History
Museum which integrates the funding for the American Women's
History Initiatives into the museum line. The agreement also
provides $2,520,000 for Asian Pacific American Initiatives
and Outreach and $1,000,000 for the Research Pool Initiative
to include research on recycling.
FACILITIES CAPITAL
The agreement provides $210,000,000 for Facilities Capital.
National Gallery of Art
SALARIES AND EXPENSES
The bill provides $156,419,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,775,000 is for the special exhibition program.
Repair, Restoration and Renovation of Buildings
(Including Transfer of Funds)
The bill provides $24,081,000 for the Repair, Restoration
and Renovation of Buildings account and includes funds for
the design and construction of an off-site art storage
facility in partnership with the Smithsonian Institution.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The bill provides $27,000,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The bill provides $13,440,000 for the Capital Repair and
Restoration account.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The bill provides $15,000,000 for the Woodrow Wilson
International Center for Scholars to continue the Federal
commitment and support operations.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The bill provides $180,000,000 for the National Endowment
for the Arts (NEA) to continue the important work of the
Endowment. Changes to the enacted level are included in the
table at the end of this explanatory statement. The agreement
continues the Senate direction contained in Senate Report
116-123 supporting the Creative Forces NEA Military Healing
Arts Network.
The Committees continue the direction regarding the
collaborative relationship among NEA and the States,
priorities, and allocation to State arts agencies contained
in the explanatory statement accompanying the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94).
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The bill provides $180,000,000 for the National Endowment
for the Humanities (NEH) to continue the important work of
the Endowment. Changes to the enacted level are included in
the table at the end of this explanatory statement.
The Committees continue the direction regarding the ``We
the People'' initiative contained in the explanatory
statement accompanying the Consolidated Appropriations Act,
2021 (Public Law 116-260).
Further, the Committees encourage NEH to provide support
for projects that illustrate the transformative role of women
in American history, such as Katherine Johnson and Amelia
Earhart, to educate and inspire the next generation of women
leaders and professionals in fields such as aviation,
advanced computer technologies and the STEM (Science,
Technology, Engineering, and Math) disciplines.
Commission of Fine Arts
SALARIES AND EXPENSES
The bill provides $3,328,000 for the Commission of Fine
Arts.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
The bill provides $5,000,000 for the National Capital Arts
and Cultural Affairs program. The agreement provides bill
language regarding eligibility for grants. Grant funds shall
be distributed consistent with the established formula and
eligibility requirements used in fiscal year 2021.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
The bill provides $8,255,000 for the Advisory Council on
Historic Preservation.
National Capital Planning Commission
SALARIES AND EXPENSES
The bill provides $8,750,000 for the National Capital
Planning Commission, including funding for lease costs.
United States Holocaust Memorial Museum
Holocaust Memorial Museum
The bill provides $62,616,000 for the United States
Holocaust Memorial Museum.
Presidio Trust
The bill provides $40,000,000 in loan authority for the
Presidio Trust.
World War I Centennial Commission
SALARIES AND EXPENSES
The bill provides $1,000,000 for the Salaries and Expenses
account of the World War I Centennial Commission.
United States Semiquincentennial Commission
SALARIES AND EXPENSES
The bill provides $8,000,000 for the necessary expenses of
the United States Semiquincentennial Commission.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
The bill provides $200,000 for necessary expenses of the
Commission. The Commission is directed to conduct a
comprehensive study of Federal, State, local, and Tribal
programs that serve Native children. Section 118 of the House
bill is not included, as the provision was enacted into law
as Public Law 117-41.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions in Title
IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this
Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2022.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision which prohibits no-bid
contracts.
Section 411 continues a provision which requires public
disclosure of certain reports.
Section 412 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 413 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 414 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of
appropriations.
Section 415 extends certain authorities through fiscal year
2022 allowing the Forest Service to renew grazing permits.
Section 416 prohibits the use of funds to maintain or
establish a computer network unless such network is designed
to block access to pornography websites.
Section 417 addresses the humane transfer and treatment of
excess wild horses and burros.
Section 418 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 419 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 420 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 421 provides a one-year extension of the Federal
Lands Recreation Enhancement Act.
Section 422 incorporates Reprogramming Guidelines into the
Act.
Section 423 continues a provision through fiscal year 2022
authorizing the Secretary of the Interior and the Secretary
of Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 424 extends the authority for the Shasta-Trinity
Marina fee for one year.
Section 425 extends the authority for the Interpretive
Association for one year.
Section 426 extends the authority for Puerto Rico Schooling
for one year.
Section 427 extends the authority for Forest Botanical
Products fee collection for one year.
Section 428 includes certain limitations on oil and gas
development near Chaco Culture National Historical Park.
[[Page H2498]]
Section 429 requires 105(l) Tribal lease payments to begin
no earlier than the date the lease proposal is submitted and
for the Federal agencies to consult with Tribes on lease
requirements.
Section 430 extends the authority for the Forest Ecosystem
Health and Recovery Fund by one year.
Section 431 requires the allocation of funds from the
National Parks and Public Land Legacy Restoration Fund and
Land and Water Conservation Fund.
Section 432 addresses carbon emissions from forest biomass.
Section 433 addresses the use of small remote incinerators
in the State of Alaska.
Section 434 addresses timber sales involving Alaska western
red and yellow cedar.
Section 435 provides transfer authority to the Federal
Highway Administration for the National Parks and Public Land
Legacy Restoration Fund.
Section 436 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 437 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 438 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 439 provides for the designation of Lewis Peak.
Section 440 provides for wildland fire administrative
funding.
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ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2022
----------------------------------------------------------------------------------------------------------------
State(s) Station or Unit Name Project or Activity Funding Amount
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT
----------------------------------------------------------------------------------------------------------------
AK..................................... Fairbanks District........ White Mountains National $10,400,000
Recreation Area Access
Repairs.
AZ..................................... Gila Box Riparian National Gila Box Recreation Sites $5,400,000
Conservation Area. and Access Roadway
Reconstruction and
Repairs.
AZ..................................... Colorado River District... La Posa Wastewater Septic/ $5,140,000
Lagoon Replacement
(Phase 3 of 3) and Site
Road Repairs.
CA..................................... Central California and Combined California $4,210,000
Northern California Historic Rehabilitation
Districts. Project.
CO..................................... Grand Junction Air Center. Grand Junction Air Center $5,630,000
Tanker Base Repairs,
Phase 1.
FL..................................... South Eastern District.... Jupiter Inlet Lighthouse $6,140,000
Building and Site Repair.
ID..................................... National Interagency Fire 100-Administration $6,400,000
Center. Repair, Access, and
Abatement.
ID..................................... Boise District, Coeur Idaho Statewide $4,824,000
d'Alene District, Idaho Recreation Site Repairs.
Falls District, Twin
Falls District.
MT, SD................................. Eastern Montana Dakotas Montana/Dakotas $6,140,000
District, North Central Recreation, Roads, and
District, Western Montana Dam Repairs.
District.
NM..................................... Las Cruces District....... Starvation Draw Detention $3,033,000
Dams Decommissioning
(Phase 2 of 2).
NV..................................... Winnemucca and Southern Nevada Recreation Safety $2,476,000
Nevada Districts. and Access Repairs.
OR..................................... Medford and NW Districts.. Oregon Bridge $7,999,000
Rehabilitation.
UT..................................... Color Country and Paria Color Country and Paria $4,500,000
River Districts. River District
Recreation Site Repairs.
WY..................................... High Desert District/High Wyoming BLM Dam Safety $2,795,000
Plains District. Repairs and Maintenance
Projects.
Contingency Fund......... $11,826,000
Program Administration $2,688,000
(Indirect Costs).
Project Funding Available $89,601,000
to Program (Less
Sequester).
Sequester................ $5,415,000
--------------------------------------------
Total Bureau of Land $95,016,000
Management.
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE
----------------------------------------------------------------------------------------------------------------
AK..................................... Izembek NWR............... Modernize Facilities and $6,650,000
Repair Seismic Issues,
Phase II--Construction.
AK..................................... Kenai NWR................. Modernize Outdoor $13,540,000
Recreational Facilities
and Address Public
Safety Issues.
AR..................................... Dale Bumpers White River Modernize Multiple $780,000
NWR. Outdoor Recreational
Access Facilities and
Transportation Assets,
Phase (I)--Design.
AR..................................... Dale Bumpers White River Modernize Multiple $7,120,000
NWR. Outdoor Recreational
Access Facilities and
Transportation Assets,
Phase II--Construction.
CA..................................... San Luis NWR.............. Modernize Infrastructure $4,000,000
to Improve Waterfowl
Hunting Areas and
Improve Recreational
Access.
DE..................................... Coastal Delaware NWR Eliminate DM Backlog at $5,080,000
Complex. Prime Hook NWR and
Bombay Hook NWR.
ID..................................... Camas NWR................. Modernize Infrastructure $1,000,000
to Improve Waterfowl
Hunting Areas and
Improve Recreational
Access.
MI..................................... Seney NWR................. Consolidate and Modernize $2,095,000
Public Use Facilities
and Improve Recreational
Access.
Multiple............................... National Wildlife Refuges. Salary Funding for $2,000,000
Supplemental
Conservation Workforce,
Year 1.
Multiple............................... National Wildlife Refuges. Salary Funding for $4,000,000
National Maintenance
Action Team (MAT) Strike
Forces, Year 2.
NM..................................... Bosque del Apache NWR..... Consolidate and Modernize $19,376,000
Public Use Facilities
and Improve Recreational
Access.
NY..................................... Montezuma NWR............. Consolidate and Modernize $5,471,000
Public Use Facilities
and Improve Recreational
Access.
OK..................................... Wichita Mountains WR...... Consolidate and Modernize $2,535,000
Public Use Facilities
and Improve Recreational
Access.
SD..................................... Lake Andes NWR............ Improve Resilience and $9,750,000
Modernize Flood Damaged
Buildings & Recreational
Assets.
TX..................................... Attwater Prairie Chicken Consolidate and Modernize $1,584,000
NWR. Habitat and Public Use
Facilities.
Contingency Fund......... $1,932,000
Program Administration $2,688,000
(Indirect Costs).
Project Funding Available $89,601,000
to Program (Less
Sequester).
Sequester................ $5,415,000
--------------------------------------------
Total U.S. Fish and $95,016,000
Wildlife Service.
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE
----------------------------------------------------------------------------------------------------------------
AZ..................................... Organ Pipe Cactus National Rehabilitate Primary Park $9,887,000
Historic Site. Water Systems.
AZ..................................... Grand Canyon National Park Replace Wastewater Plant $40,456,000
at South Rim Village.
CA..................................... Yosemite National Park.... Rehabilitate Ahwahnee $19,407,000
Hotel and Correct
Critical Safety Hazards.
CA..................................... Sequoia and Kings Canyon Rehabilitate Park $9,563,000
National Park. Wastewater Treatment
Facilities.
CA..................................... Golden Gate National Stabilize Alcatraz Wharf. $36,577,000
Recreation Area.
CO..................................... Mesa Verde National Park.. Replace Morefield and $22,969,000
Wetherill Water Lines.
KY..................................... Mammoth Cave National Park Rehabilitate Cave Trails: $10,128,000
New Entrance to Frozen
Niagara.
MA..................................... Cape Cod National Seashore Demolish Excess $12,572,000
Structures to Improve
Safety, Operations, and
Promote Financial
Sustainability.
MA..................................... Minute Man National Rehabilitate and Repair $27,352,000
Historic Park. Structures and
Landscapes.
MD..................................... Chesapeake and Ohio Canal Restore Canal Prism and $7,125,000
National Historical Park. Historic Dry Stone Wall.
ME..................................... Acadia National Park...... Rehabilitate Schoodic $7,624,000
Point Water and
Wastewater Systems.
MS..................................... Natchez Trace Parkway..... Rehabilitate Sections of $61,246,000
the Natchez Trace
Parkway, Phase 1.
MT..................................... Glacier National Park..... Replace Headquarters $10,921,000
Wastewater System.
MT..................................... Glacier National Park..... Replace Swiftcurrent $15,726,000
Water Distribution
System.
NC..................................... Blue Ridge Parkway........ Rehabilitate sections of $26,789,000
Blue Ridge Parkway in
North Carolina.
NC, TN................................. Great Smoky Mountains Rehabilitate Park Roads $25,410,000
National Park. and Road Structures.
NJ..................................... Gateway National Rehabilitate Fort Hancock $11,621,000
Recreation Area. Potable Water and
Wastewater System.
NM..................................... Bandelier National Rehabilitate Underground $29,089,000
Monument. Utilities.
NV..................................... Lake Mead National Demolish Outdated $21,963,000
Recreation Area. Infrastructure to
Enhance Scenic Features
and Visitor Experience.
NY..................................... Gateway National Rehabilitate Floyd $7,673,000
Recreation Area. Bennett Field Wastewater
Collection System at
Jamaica Bay.
OH..................................... Perry's Victory and Rehabilitate Failing $25,077,000
International Peace Upper Plaza at Perry's
Memorial. Victory & International
Peace Memorial.
OH..................................... Cuyahoga Valley National Stabilize Riverbank at $24,897,000
Park. High Priority Areas
along Towpath Trail and
Valley Railway.
OR..................................... Crater Lake National Park. Rehabilitate Sections of $45,200,000
the East Rim Drive.
TX..................................... Big Bend National Park.... Rehabilitate or Replace $22,630,000
the Chisos Mountains
Lodge.
TX..................................... Big Bend National Park.... Rehabilitate Park Water $54,357,000
Systems.
TX..................................... Lyndon B Johnson National Rehabilitate Texas White $9,119,000
Historic Park. House.
UT..................................... Zion National Park........ Rehabilitate South $11,253,000
Campground.
VA..................................... Blue Ridge Parkway........ Rehabilitate Sections of $32,834,000
Blue Ridge Parkway in
Virginia.
VA..................................... Colonial National Rehabilitate Sections of $128,674,000
Historical Park. the Colonial Parkway.
WA..................................... Olympic National Park..... Rehabilitate Hurricane $7,029,000
Ridge Day Lodge.
WY..................................... Yellowstone National Park. Rehabilitate and Improve $20,112,000
Old Faithful Water
Treatment System and
Demolish Abandoned
Wastewater Treatment
Plant.
WY..................................... Yellowstone National Park. Rehabilitate /Replace $52,588,000
Canyon & Grant Village
Wastewater Collection
and Treatment Systems.
WY..................................... Yellowstone National Park. Replace Mammoth $9,327,000
Wastewater Collection
System.
WY..................................... Yellowstone National Park. Replace the Yellowstone $71,200,000
River Bridge.
Contingency Fund......... $130,000,000
Project Planning & $114,316,038
Compliance.
Project Management....... $44,078,000
Program Administration $37,626,000
(Indirect Costs).
Project Funding Available $1,254,415,038
to Program (Less
Sequester).
Sequester................ $75,810,000
--------------------------------------------
Total National Park $1,330,225,038
Service.
----------------------------------------------------------------------------------------------------------------
BUREAU OF INDIAN EDUCATION
----------------------------------------------------------------------------------------------------------------
AZ..................................... Shonto Preparatory School. Shonto Preparatory $18,875,000
School--Replacement.
AZ..................................... Many Farms High School.... Many Farms High School... $4,742,000
SD..................................... Wounded Knee District Wounded Knee District $9,660,000
School. School--Quarters.
SD..................................... Wounded Knee District Wounded Knee District $43,540,000
School. School--Replacement.
Contingency Fund......... $10,096,000
Program Administration $2,688,000
(Indirect Costs).
Project Funding Available $89,601,000
to Program (Less
Sequester).
Sequester................ $5,415,000
--------------------------------------------
Total Bureau of Indian $95,016,000
Education.
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT--FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
Updated Project Estimates:
OR..................................... Northwest, Medford, and Western Oregon District $9,523,000
Roseburg Districts. Projects.
[[Page H2539]]
Other Projects/Activities $85,226,000
Without Changes.
Unallocated.............. $0
Contingency.............. $251,000
Deferred or Terminated 2021 Projects:
UT..................................... Color Country District St. George Field Office, $0
Red Reef Shelter
maintenance and repairs.
WA..................................... Spokane District Umtanum Bridge Repairs $0
(Phase 3 of 3).
Total Bureau of Land $95,000,000
Management.
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE--FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
Other Projects/Activities $94,998,000
Without Changes.
Unallocated.............. $0
Contingency.............. $2,000
Total U.S. Fish and $95,000,000
Wildlife Service.
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE--FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
DC..................................... National Mall & Memorial Rehabilitate Historic $4,327,000
Parks. Belmont Paul House.
NC..................................... Blue Ridge Parkway........ Replace Laurel Fork $35,314,000
Bridge.
WY..................................... Yellowstone National Park. Lewis River Bridge....... $37,225,000
Other Projects/Activities $1,131,695,000
Without Changes.
Program Administration $25,975,000
(Indirect Costs).
Project Planning & $86,760,000
Compliance.
Unallocated.............. $0
Contingency.............. $8,704,000
Deferred or Terminated 2021 Projects:
TN..................................... Great Smoky Mountains Replace Sugarlands $0
National Park. Maintenance Facilities.
WY..................................... Yellowstone National Park. Purchase and Install 8 $0
Modular Housing Units to
Replace Deteriorated
Housing Units Parkwide.
Total National Park $1,330,000,000
Service.
----------------------------------------------------------------------------------------------------------------
BUREAU OF INDIAN EDUCATION--FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
AZ..................................... Navajo Region............. Many Farms High School-- $70,858,000
Major FI&R.
AZ..................................... Shonto Preparatory School. Shonto Preparatory $2,543,000
School--Replacement.
AZ..................................... Western Region............ Western--Education $304,000
Demolition Project.
AZ, NM................................. Navajo Region............. Navajo--Education $4,056,000
Demolition Project a.
AZ, NM................................. Navajo Region............. Navajo--Education $7,112,000
Demolition Project c.
AZ, UT, NM............................. Navajo Region............. Navajo--Education $4,375,000
Demolition Project b.
ND, SD................................. Great Plains Region....... Great Plains--Education $301,000
Demolition Project.
NM..................................... Southwest Region.......... Southwest--Education $201,000
Demolition Project.
Other Projects/Activities $5,250,000
Without Changes.
Unallocated.............. $0
Total Bureau of Indian $95,000,000
Education.
----------------------------------------------------------------------------------------------------------------
U.S.D.A. FOREST SERVICE--FISCAL YEAR 2022
----------------------------------------------------------------------------------------------------------------
State Unit Project or Activity Funding Amount
----------------------------------------------------------------------------------------------------------------
PA...................................... Grey Towers National Grey Towers National $675,000
Historic Site. Historic Site Deferred
Maintenance.
AK, AZ, CA, ID, OR, PR, SC, WI.......... Research and Development Research and Development $7,968,860
Stations. Deferred Maintenance.
MT...................................... Beaverhead-Deerlodge...... Beaverhead-Deerlodge $415,000
National Forest Deferred
Maintenance.
ID, MT.................................. Bitterroot................ Bitterroot National Forest $2,756,207
Deferred Maintenance.
MT...................................... Custer Gallatin........... Custer Gallatin National $1,450,730
Forest Deferred
Maintenance.
ND, SD.................................. Dakota Prairie Grasslands. Dakota Prairie Grasslands $471,000
Deferred Maintenance.
MT...................................... Flathead.................. Flathead National Forest $1,845,000
Deferred Maintenance.
MT...................................... Helena-Lewis and Clark.... Helena-Lewis and Clark $3,380,000
National Forest Deferred
Maintenance.
ID...................................... Idaho Panhandle........... Idaho Panhandle National $3,679,000
Forest Deferred
Maintenance.
MT...................................... Kootenai.................. Kootenai National Forest $1,515,000
Deferred Maintenance.
MT...................................... Lolo...................... Lolo National Forest $4,615,000
Deferred Maintenance.
ID...................................... Nez Perce-Clearwater...... Nez Perce-Clearwater $2,566,057
National Forests Deferred
Maintenance.
MT...................................... Northern Region........... Northern Region Deferred $150,000
Maintenance.
CO...................................... Arapaho-Roosevelt......... Arapaho-Roosevelt National $3,245,295
Forests Deferred
Maintenance.
WY...................................... Bighorn................... Bighorn National Forest $610,000
Deferred Maintenance.
SD, WY.................................. Black Hills............... Black Hills National $1,871,300
Forest Deferred
Maintenance.
CO...................................... Grand Mesa, Uncompahgre, Grand Mesa, Uncompahgre, $8,611,000
and Gunnison. and Gunnison National
Forests Deferred
Maintenance.
CO, WY.................................. Medicine Bow-Routt........ Medicine Bow-Routt $1,128,360
National Forests Deferred
Maintenance.
NE, SD.................................. Nebraska.................. Nebraska National Forest $1,465,000
Deferred Maintenance.
CO...................................... Pike-San Isabel........... Pike-San Isabel National $2,171,444
Forests Deferred
Maintenance.
CO...................................... Rocky Mountain Region..... Rocky Mountain Region $680,000
Deferred Maintenance.
CO...................................... Rio Grande................ Rio Grande National Forest $564,825
Deferred Maintenance.
CO...................................... San Juan.................. San Juan National Forest $3,218,257
Deferred Maintenance.
WY...................................... Shoshone.................. Shoshone National Forest $1,738,931
Deferred Maintenance.
CO...................................... White River............... White River National $1,658,183
Forest Deferred
Maintenance.
AZ...................................... Apache-Sitgreaves......... Apache-Sitgreaves National $1,092,496
Forests Deferred
Maintenance.
NM...................................... Carson.................... Carson National Forest $490,000
Deferred Maintenance.
NM...................................... Cibola.................... Cibola National Forest $2,948,781
Deferred Maintenance.
AZ...................................... Coconino.................. Coconino National Forest $387,000
Deferred Maintenance.
AZ...................................... Coronado.................. Coronado National Forest $1,271,750
Deferred Maintenance.
NM...................................... Gila...................... Gila National Forest $4,863,530
Deferred Maintenance.
NM...................................... Lincoln................... Lincoln National Forest $60,000
Deferred Maintenance.
AZ...................................... Prescott.................. Prescott National Forest $956,000
Deferred Maintenance.
NM...................................... Santa Fe.................. Santa Fe National Forest $2,728,000
Deferred Maintenance.
AZ...................................... Southwestern Region....... Southwestern Region $310,000
Deferred Maintenance.
AZ...................................... Tonto..................... Tonto National Forest $1,650,000
Deferred Maintenance.
UT...................................... Ashley.................... Ashley National Forest $1,645,000
Deferred Maintenance.
ID...................................... Boise..................... Boise National Forest $2,811,432
Deferred Maintenance.
WY...................................... Bridger-Teton............. Bridger-Teton National $1,755,000
Forest Deferred
Maintenance.
ID, UT, WY.............................. Caribou-Targhee........... Caribou-Targhee National $450,000
Forest Deferred
Maintenance.
UT...................................... Dixie..................... Dixie National Forest $447,178
Deferred Maintenance.
UT...................................... Fishlake.................. Fishlake National Forest $1,972,807
Deferred Maintenance.
CA, NV.................................. Humboldt-Toiyabe.......... Humboldt-Toiyabe National $983,580
Forest Deferred
Maintenance.
UT...................................... Manti-LaSal............... Manti-La Sal National $898,520
Forest Deferred
Maintenance.
ID...................................... Payette................... Payette National Forest $2,085,450
Deferred Maintenance.
ID...................................... Intermountain Region...... Intermountain Region $422,814
Deferred Maintenance.
ID...................................... Salmon-Challis............ Salmon-Challis National $253,500
Forest Deferred
Maintenance.
ID...................................... Sawtooth.................. Sawtooth National Forest $3,873,000
Deferred Maintenance.
UT...................................... Uinta-Wasatch-Cache....... Uinta-Wasatch-Cache $7,488,568
National Forest Deferred
Maintenance.
CA...................................... Angeles................... Angeles National Forest $650,000
Deferred Maintenance.
CA...................................... Cleveland................. Cleveland National Forest $485,000
Deferred Maintenance.
CA...................................... Eldorado.................. Eldorado National Forest $1,470,000
Deferred Maintenance.
CA...................................... Inyo...................... Inyo National Forest $4,869,700
Deferred Maintenance.
CA...................................... Lake Tahoe Basin Mgt Unit. Lake Tahoe Basin $750,000
Management Unit Deferred
Maintenance.
CA...................................... Lassen.................... Lassen National Forest $1,630,000
Deferred Maintenance.
CA...................................... Los Padres................ Los Padres National Forest $712,500
Deferred Maintenance.
CA...................................... Mendocino................. Mendocino National Forest $385,000
Deferred Maintenance.
CA...................................... Modoc..................... Modoc National Forest $550,000
Deferred Maintenance.
CA...................................... Pacific Southwest Region.. Pacific Southwest Region $7,213,000
Deferred Maintenance.
[[Page H2540]]
CA...................................... Plumas.................... Plumas National Forest $1,236,000
Deferred Maintenance.
CA...................................... San Bernardino............ San Bernardino National $1,647,000
Forest Deferred
Maintenance.
CA...................................... Sequoia................... Sequoia National Forest $3,641,000
Deferred Maintenance.
CA...................................... Sierra.................... Sierra National Forest $5,470,370
Deferred Maintenance.
CA...................................... Tahoe..................... Tahoe National Forest $2,200,000
Deferred Maintenance.
OR, WA.................................. Columbia River Gorge Columbia River Gorge $565,000
National Scenic Area. National Scenic Area
Deferred Maintenance.
WA...................................... Colville.................. Colville National Forest $1,075,000
Deferred Maintenance.
OR...................................... Deschutes................. Deschutes National Forest $181,500
Deferred Maintenance.
OR...................................... Fremont-Winema............ Fremont-Winema National $25,000
Forest Deferred
Maintenance.
WA...................................... Gifford Pinchot........... Gifford Pinchot National $2,290,000
Forest Deferred
Maintenance.
OR...................................... Malheur................... Malheur National Forest $2,969,548
Deferred Maintenance.
WA...................................... Mt. Baker-Snoqualmie...... Mt. Baker-Snoqualmie $3,123,000
National Forest Deferred
Maintenance.
OR...................................... Mt. Hood.................. Mt. Hood National Forest $4,850,000
Deferred Maintenance.
OR...................................... Ochoco.................... Ochoco National Forest $2,720,000
Deferred Maintenance.
WA...................................... Okanogan-Wenatchee........ Okanogan-Wenatchee $780,000
National Forest Deferred
Maintenance.
OR, WA.................................. Pacific Northwest Region.. Pacific Northwest Region $8,767,707
Deferred Maintenance.
WA...................................... Olympic................... Olympic National Forest $200,000
Deferred Maintenance.
OR...................................... Rogue River-Siskiyou...... Rogue River-Siskiyou $75,000
National Forest Deferred
Maintenance.
OR...................................... Siuslaw................... Siuslaw National Forest $1,850,000
Deferred Maintenance.
OR...................................... Umatilla.................. Umatilla National Forest $946,000
Deferred Maintenance.
OR...................................... Umpqua.................... Umpqua National Forest $1,135,000
Deferred Maintenance.
ID, OR.................................. Wallowa Whitman........... Wallowa Whitman National $391,985
Forest Deferred
Maintenance.
OR...................................... Willamette................ Willamette National Forest $250,000
Deferred Maintenance.
GA...................................... Chattahoochee-Oconee...... Chattahoochee-Oconee $2,075,000
National Forests Deferred
Maintenance.
TN...................................... Cherokee.................. Cherokee National Forest $5,919,330
Deferred Maintenance.
KY...................................... Daniel Boone.............. Daniel Boone National $539,970
Forest Deferred
Maintenance.
PR...................................... El Yunque................. El Yunque National Forest $96,266
Deferred Maintenance.
SC...................................... Francis Marion-Sumter..... Francis Marion-Sumter $2,050,000
National Forests Deferred
Maintenance.
VA...................................... George Washington- George Washington- $574,900
Jefferson. Jefferson National
Forests Deferred
Maintenance.
LA...................................... Kisatchie................. Kisatchie National Forest $80,000
Deferred Maintenance.
KY...................................... Land Between the Lakes Land Between the Lakes $520,000
National Recreation Area. National Recreation Area
Deferred Maintenance.
AL...................................... NFs in Alabama............ National Forests in $191,700
Alabama Deferred
Maintenance.
FL...................................... NFs in Florida............ National Forests in $195,000
Florida Deferred
Maintenance.
MS...................................... NFs in Mississippi........ National Forests in $240,509
Mississippi Deferred
Maintenance.
NC...................................... NFs in North Carolina..... National Forests in North $3,060,000
Carolina Deferred
Maintenance.
TX...................................... NFs in Texas.............. National Forests in Texas $1,650,000
Deferred Maintenance.
AR...................................... Ouachita.................. Ouachita National Forest $100,000
Deferred Maintenance.
AR...................................... Ozark-St Francis.......... Ozark-St Francis National $16,132,700
Forests Deferred
Maintenance.
PA...................................... Allegheny................. Allegheny National Forest $6,950,074
Deferred Maintenance.
WI...................................... Chequamegon-Nicolet....... Chequamegon-Nicolet $1,625,509
National Forest Deferred
Maintenance.
MN...................................... Chippewa.................. Chippewa National Forest $124,000
Deferred Maintenance.
NY, VT.................................. Green Mountain-Finger Green Mountain-Finger $373,375
Lakes. Lakes National Forests
Deferred Maintenance.
MI...................................... Hiawatha.................. Hiawatha National Forest $1,748,000
Deferred Maintenance.
IN...................................... Hoosier................... Hoosier National Forest $320,000
Deferred Maintenance.
MI...................................... Huron-Manistee............ Huron-Manistee National $590,000
Forests Deferred
Maintenance.
MO...................................... Mark Twain................ Mark Twain National Forest $3,960,000
Deferred Maintenance.
IL...................................... Midewin National Tallgrass Midewin National Tallgrass $247,000
Prairie. Prairie Deferred
Maintenance.
WV...................................... Monongahela............... Monongahela National $6,128,370
Forest Deferred
Maintenance.
IL...................................... Shawnee................... Shawnee National Forest $2,144,000
Deferred Maintenance.
MN...................................... Superior.................. Superior National Forest $353,584
Deferred Maintenance.
OH...................................... Wayne..................... Wayne National Forest $140,000
Deferred Maintenance.
NH...................................... White Mountain............ White Mountain National $702,000
Forest Deferred
Maintenance.
AK...................................... Chugach................... Chugach National Forest $2,732,251
Deferred Maintenance.
AK...................................... Tongass................... Tongass National Forest $7,107,934
Deferred Maintenance.
Total Project Funding..... .......................... $234,069,636
Mission Support........... .......................... $20,000,000
Sequestration............. .......................... $16,247,749
Reserve Fund.............. .......................... $14,730,838
Total, Forest Service... .......................... $285,048,223
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2022
----------------------------------------------------------------------------------------------------------------
State Agency--Account--Activity--Project Amount
----------------------------------------------------------------------------------------------------------------
OFFICE OF THE SECRETARY--Departmental Operations
----------------------------------------------------------------------------------------------------------------
Appraisal and Valuation Services--Federal Lands... 19,000,000
TOTAL, OFFICE OF THE SECRETARY.................. 19,000,000
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT--Land Acquisition
----------------------------------------------------------------------------------------------------------------
Acquisition Management............................ 7,500,000
Recreational Access............................... 20,500,000
Inholdings, Emergencies & Hardships............... 7,500,000
AZ.......................................... Arizona National Scenic Trail (Coke Ovens)........ 600,000
CO.......................................... Dominguez-Escalante National Conservation Area.... 600,000
ID.......................................... Sands Desert Habitat Management Area.............. 3,000,000
ID.......................................... Upper Snake/South Fork River Special Recreation 9,000,000
Management Area and Tex Creek Wildlife Management
Area.
MT.......................................... Big Snowy Mountains Access........................ 6,700,000
MT.......................................... High Divide....................................... 5,400,000
NM.......................................... Rio Grande del Norte National Monument............ 4,000,000
OR.......................................... John Day National Wild and Scenic River........... 800,000
Unallocated (5.7% sequestration for Acquisitions). 1,819,406
Subtotal, Acquisitions.......................... 31,919,406
TOTAL, BUREAU OF LAND MANAGEMENT.............. 67,419,406
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE--Land Acquisition
----------------------------------------------------------------------------------------------------------------
Highlands Conservation Act (Public Law 108-421)... 10,000,000
Land Acquisition Management....................... 17,000,000
Sportsmen and Recreational Access................. 15,500,000
Inholding/Emergencies and Hardships............... 10,000,000
Exchanges......................................... 1,000,000
Land Protection Planning.......................... 465,000
AR.......................................... Cache River National Wildlife Refuge.............. 1,000,000
AR.......................................... Felsenthal National Wildlife Refuge............... 4,500,000
CA.......................................... Sacramento River National Wildlife Refuge......... 1,000,000
CA.......................................... San Joaquin River National Wildlife Refuge........ 2,500,000
FL.......................................... St. Marks National Wildlife Refuge................ 2,000,000
IN.......................................... Patoka River National Wildlife Refuge............. 1,000,000
MO.......................................... Big Muddy National Fish and Wildlife Refuge....... 1,000,000
MT.......................................... Montana Conservation Areas and National Wildlife 6,050,000
Refuges.
NH.......................................... Silvio O. Conte National Fish and Wildlife Refuge-- 3,700,000
Mascoma River Unit.
OR.......................................... Ankeny National Wildlife Refuge................... 1,500,000
OR.......................................... William L. Finley National Wildlife Refuge........ 1,000,000
TX.......................................... Attwater Prairie Chicken National Wildlife Refuge. 3,000,000
TX.......................................... Laguna Atascosa National Wildlife Refuge.......... 4,000,000
TX.......................................... Lower Rio Grande National Wildlife Refuge......... 1,000,000
VT.......................................... Silvio O. Conte National Fish and Wildlife Refuge. 8,500,000
[[Page H2541]]
VA.......................................... Rappahannock River Valley National Wildlife Refuge 2,000,000
Mult........................................ Silvio O. Conte National Fish and Wildlife Refuge 5,000,000
(CT/MA/NH/VT).
Mult........................................ Great Thicket National Wildlife Refuge (CT/MA/ME/ 2,500,000
NH/NY/RI).
Mult........................................ Upper Mississippi River National Wildlife and Fish 1,500,000
Refuge (IA/IL/MN/WI).
Mult........................................ Northern Tallgrass Prairie National Wildlife 500,000
Refuge (IA/MN).
Mult........................................ Bear River Watershed Conservation Area (ID/UT/WY). 2,316,000
Mult........................................ Middle Mississippi National Wildlife Refuge (IL/ 1,000,000
MO).
Mult........................................ Hackmatack National Wildlife Refuge (IL/WI)....... 1,250,000
Unallocated (5.7% sequestration for Acquisitions). 3,494,711
Subtotal, Acquisitions.......................... 61,310,711
Total, Land Acquisition....................... 115,275,711
Cooperative Endangered Species Conservation
Fund:
Species Recovery Land Acquisition................. 11,162,000
Habitat Conservation Plan Acquisition............. 21,638,000
Total, Cooperative Endangered Species 32,800,000
Conservation Fund.
TOTAL, U.S. FISH AND WILDLIFE SERVICE......... 148,075,711
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE--Land Acquisition and State Assistance
----------------------------------------------------------------------------------------------------------------
State Conservation Grants......................... 208,000,000
LWCF Outdoor Recreation Legacy Grants............. 110,000,000
State Conservation Grants Administration.......... 12,000,000
Subtotal, State Assistance...................... 330,000,000
Use of unobligated balances, fiscal year 2018 [30,000,000]
and prior (non-add).
American Battlefield Protection Program (Public 20,000,000
Law 113-287).
Acquisition Management............................ 14,500,000
Recreational Access............................... 14,500,000
Emergencies, Hardships, Relocations, and 2,500,000
Deficiencies.
Inholding, Donations, and Exchanges............... 7,000,000
AK.......................................... Denali National Park and Preserve................. 150,000
AK.......................................... Katmai National Park and Preserve................. 275,000
AL.......................................... Little River Canyon National Preserve............. 1,150,000
AZ.......................................... Petrified Forest National Park.................... 12,000,000
AZ.......................................... Saguaro National Park--Rincon Creek Valley........ 4,124,500
CA.......................................... Death Valley National Park........................ 750,000
CA.......................................... Joshua Tree National Park......................... 2,500,000
CO.......................................... Sand Creek Massacre National Historic Site........ 4,100,000
DC.......................................... Rock Creek Park................................... 100,000
GA.......................................... Cumberland Island National Seashore............... 2,800,000
GA.......................................... Ocmulgee Mounds National Historical Park.......... 1,575,000
GU.......................................... War in the Pacific National Historical Park....... 825,000
HI.......................................... Haleakala National Park........................... 6,125,000
HI.......................................... Pu'uhonua o Honaunau National Historical Park..... 150,000
ID.......................................... City of Rocks National Reserve.................... 850,000
MA.......................................... Cape Cod National Seashore........................ 200,000
MA.......................................... Minute Man National Historical Park............... 250,000
MD.......................................... Chesapeake and Ohio Canal National Historical Park 465,000
MD.......................................... Monocacy National Battlefield..................... 900,000
ME.......................................... Acadia National Park.............................. 200,000
MO.......................................... Gateway Arch National Park........................ 2,600,000
MO.......................................... Wilson's Creek National Battlefield............... 1,000,000
MS.......................................... Natchez National Historical Park.................. 540,000
NC.......................................... Guilford Courthouse National Military Park........ 200,000
NM.......................................... Carlsbad Caverns National Park.................... 375,000
PA.......................................... Gettysburg National Military Park................. 275,000
PA.......................................... Upper Delaware Scenic and Recreation River........ 200,000
SD.......................................... Badlands National Park............................ 575,000
TN.......................................... Obed Wild and Scenic River........................ 150,000
TN.......................................... Shiloh National Military Park..................... 1,965,000
UT.......................................... Zion National Park................................ 1,950,000
VA.......................................... Petersburg National Battlefield................... 1,475,000
VA.......................................... Richmond National Battlefield Park................ 775,000
WI.......................................... Ice Age National Scenic Trail..................... 1,900,000
WV.......................................... Gauley River National Recreation Area............. 975,000
Mult........................................ Big South Fork National River and Recreation Area 1,000,000
(KY/TN).
Unallocated (5.7% sequestration for Acquisitions). 3,351,364
Subtotal, Acquisitions.......................... 58,795,864
Subtotal, Land Acquisition...................... 97,295,864
Total, NATIONAL PARK SERVICE.................. 447,295,864
----------------------------------------------------------------------------------------------------------------
U.S. FOREST SERVICE--Land Acquisition
----------------------------------------------------------------------------------------------------------------
Acquisition Management............................ 12,000,000
Recreational Access............................... 17,000,000
Critical Inholdings/Wilderness.................... 5,500,000
Cash Equalization................................. 250,000
CA.......................................... Plumas National Forest............................ 2,000,000
CA.......................................... Shasta-Trinity National Forest.................... 7,000,000
CA.......................................... Tahoe National Forest: Lake Tahoe Basin Management 9,000,000
Unit.
FL.......................................... National Forests in Florida--Longleaf Pine 19,000,000
Restoration Initiative.
GA.......................................... Chattahoochee-Oconee National Forests............. 2,625,000
MN.......................................... Superior National Forest--School Trust............ 25,000,000
MT.......................................... Lolo National Forest.............................. 10,300,000
NC.......................................... National Forests in North Carolina................ 3,827,000
SC.......................................... Francis Marion and Sumter National Forests........ 5,900,000
VT.......................................... Green Mountain and Finger Lakes National Forests.. 2,100,000
WA.......................................... Okanogan-Wenatchee National Forest................ 2,437,000
Unallocated (5.7% sequestration for Acquisitions). 5,391,064
Subtotal, Acquisitions.......................... 94,580,064
Total, Land Acquisition....................... 129,330,064
Forest Legacy Program:
Administrative Funds.............................. 7,500,000
MT.......................................... Montana Great Outdoors Conservation Project....... 20,000,000
ME.......................................... Quill Hill to Perham Stream....................... 8,045,000
HI.......................................... East Maui Rainforest.............................. 1,900,000
OR.......................................... Spence Mountain Forest............................ 2,100,000
WY.......................................... Munger Mountain Corridor Initiative............... 10,000,000
NH.......................................... Androscoggin Valley Corridor...................... 1,665,000
ME.......................................... Chadbourne Tree Farm.............................. 7,990,000
MI.......................................... Black River Ranch................................. 10,665,000
VT.......................................... Chateauguay Forest Project........................ 465,000
CA.......................................... Shackleford Forest................................ 3,000,000
GA.......................................... Dugdown Mountain Corridor......................... 1,705,000
AR.......................................... Hot Springs Forest................................ 3,190,000
VA.......................................... Roanoke River Forest.............................. 2,820,000
SC.......................................... Southern Coastal Biodiversity Project............. 9,457,000
Use of unobligated balances, fiscal year 2018 and -6,640,133
prior.
Unallocated (5.7% sequestration for Projects)..... 5,017,088
Subtotal, Forest Legacy Projects.................. 81,378,955
Total, Forest Legacy Program.................... 88,878,955
TOTAL, U.S. FOREST SERVICE.................... 218,209,019
TOTAL, LAND AND WATER CONSERVATION FUND....... 900,000,000
----------------------------------------------------------------------------------------------------------------
[[Page H2542]]
Disclosure of Earmarks And Congressionally Directed Spending Items
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
[[Page H2543]]
[GRAPHIC] [TIFF OMITTED] TH9033001.653
[[Page H2544]]
[GRAPHIC] [TIFF OMITTED] TH9033001.654
[[Page H2545]]
[GRAPHIC] [TIFF OMITTED] TH9033001.655
[[Page H2546]]
[GRAPHIC] [TIFF OMITTED] TH9033001.656
[[Page H2547]]
[GRAPHIC] [TIFF OMITTED] TH9033001.657
[[Page H2548]]
[GRAPHIC] [TIFF OMITTED] TH9033001.658
[[Page H2549]]
[GRAPHIC] [TIFF OMITTED] TH9033001.659
[[Page H2550]]
[GRAPHIC] [TIFF OMITTED] TH9033001.660
[[Page H2551]]
[GRAPHIC] [TIFF OMITTED] TH9033001.661
[[Page H2552]]
[GRAPHIC] [TIFF OMITTED] TH9033001.662
[[Page H2553]]
[GRAPHIC] [TIFF OMITTED] TH9033001.663
[[Page H2554]]
[GRAPHIC] [TIFF OMITTED] TH9033001.664
[[Page H2555]]
[GRAPHIC] [TIFF OMITTED] TH9033001.665
[[Page H2556]]
[GRAPHIC] [TIFF OMITTED] TH9033001.666
[[Page H2557]]
[GRAPHIC] [TIFF OMITTED] TH9033001.667
[[Page H2558]]
[GRAPHIC] [TIFF OMITTED] TH9033001.668
[[Page H2559]]
[GRAPHIC] [TIFF OMITTED] TH9033001.669
[[Page H2560]]
[GRAPHIC] [TIFF OMITTED] TH9033001.670
[[Page H2561]]
[GRAPHIC] [TIFF OMITTED] TH9033001.671
[[Page H2562]]
[GRAPHIC] [TIFF OMITTED] TH9033001.672
[[Page H2563]]
[GRAPHIC] [TIFF OMITTED] TH9033001.673
[[Page H2564]]
[GRAPHIC] [TIFF OMITTED] TH9033001.674
[[Page H2565]]
[GRAPHIC] [TIFF OMITTED] TH9033001.675
[[Page H2566]]
[GRAPHIC] [TIFF OMITTED] TH9033001.676
[[Page H2567]]
[GRAPHIC] [TIFF OMITTED] TH9033001.677
[[Page H2568]]
[GRAPHIC] [TIFF OMITTED] TH9033001.678
[[Page H2569]]
[GRAPHIC] [TIFF OMITTED] TH9033001.679
[[Page H2570]]
[GRAPHIC] [TIFF OMITTED] TH9033001.680
[[Page H2571]]
[GRAPHIC] [TIFF OMITTED] TH9033001.681
[[Page H2572]]
[GRAPHIC] [TIFF OMITTED] TH9033001.682
[[Page H2573]]
[GRAPHIC] [TIFF OMITTED] TH9033001.683
[[Page H2574]]
[GRAPHIC] [TIFF OMITTED] TH9033001.684
[[Page H2575]]
[GRAPHIC] [TIFF OMITTED] TH9033001.685
[[Page H2576]]
[GRAPHIC] [TIFF OMITTED] TH9033001.686
[[Page H2577]]
[GRAPHIC] [TIFF OMITTED] TH9033001.687
[[Page H2578]]
[GRAPHIC] [TIFF OMITTED] TH9033001.688
[[Page H2579]]
[GRAPHIC] [TIFF OMITTED] TH9033001.689
[[Page H2580]]
[GRAPHIC] [TIFF OMITTED] TH9033001.690
[[Page H2581]]
[GRAPHIC] [TIFF OMITTED] TH9033001.691
[[Page H2582]]
[GRAPHIC] [TIFF OMITTED] TH9033001.692
[[Page H2583]]
[GRAPHIC] [TIFF OMITTED] TH9033001.693
[[Page H2584]]
[GRAPHIC] [TIFF OMITTED] TH9033001.694
[[Page H2585]]
[GRAPHIC] [TIFF OMITTED] TH9033001.695
[[Page H2586]]
[GRAPHIC] [TIFF OMITTED] TH9033001.696
[[Page H2587]]
[GRAPHIC] [TIFF OMITTED] TH9033001.697
[[Page H2588]]
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DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
The explanatory statement accompanying this division is
approved and indicates Congressional intent. Unless otherwise
noted, the language set forth in House Report 117-96 carries
the same weight as language included in this explanatory
statement and should be complied with unless specifically
addressed to the contrary in this explanatory statement.
While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless
expressly provided herein.
In providing the operating plan required by section 516 of
this Act, the departments and agencies funded in this Act are
directed to include all programs, projects, and activities,
including those in House Report 117--96 and this explanatory
statement accompanying this Act. All such programs, projects,
and activities are subject to the provisions of this Act.
In cases where House Report 117-96 or this explanatory
statement directs the submission of a report, that report is
to be submitted to the Committees on Appropriations of the
House of Representatives and the Senate. Where this
explanatory statement refers to the Committees or the
Committees on Appropriations, unless otherwise noted, this
reference is to the House of Representatives Subcommittee on
Labor, Health and Human Services, Education, and Related
Agencies and the Senate Subcommittee on Labor, Health and
Human Services, Education, and Related Agencies.
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
explanatory statement and shall not reallocate resources or
reorganize activities except as provided herein. Funds for
individual programs and activities are displayed in the
detailed table at the end of the explanatory statement
accompanying this Act. Funding levels that are not displayed
in the detailed table are identified within this explanatory
statement. Any action to eliminate or consolidate programs,
projects, and activities should be pursued through a proposal
in the President's Budget so it can be considered by the
Committees on Appropriations.
Congressional Reports.--Each department and agency is
directed to provide the Committees on Appropriations, within
30 days from the date of enactment of this Act and quarterly
thereafter, a summary describing each requested report to the
Committees on Appropriations along with its status.
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration (ETA)
TRAINING AND EMPLOYMENT SERVICES
National Programs
Advanced Robotics Manufacturing.--The agreement encourages
the Department to appropriately address the need for
workforce training and certificate programs targeting
collective robotics and additive manufacturing, with an
emphasis on programs that re-skill incumbent manufacturing
workers.
Occupational Licensing.--The agreement directs the
Department to provide a report, within 180 days of enactment
of this Act, on best practices learned and future resources
needed for continued implementation of the Department's
occupational licensing initiative.
Public Libraries.--The agreement urges the Department to
develop a plan to build and strengthen partnerships between
the one-stop system and public libraries and ensure that
public libraries have the resources necessary to provide
these workforce development services. The agreement requests
a briefing within 120 days of enactment of this Act on the
Department's work with the Institute of Museum and Library
Services and public libraries.
Water and Wastewater Operators.--The agreement is concerned
by the nationwide shortage of water and wastewater operators,
particularly in rural areas, and encourages the Secretary to
make funding available through workforce development and
apprenticeship activities consistent with National Guideline
Standards of Apprenticeship for Water and Wastewater System
Operations Specialists and the Workforce Innovation and
Opportunity Act system.
Wireless Infrastructure.--The agreement encourages the
Department to continue investments in the development of the
wireless infrastructure workforce, including apprenticeships
in the wireless sector.
Dislocated Worker National Reserve
Career Pathways for Youth Grants.--The agreement includes
$15,000,000 for grants to support national out-of-school time
organizations that serve youth and teens and place an
emphasis on age-appropriate workforce readiness programming
to expand job training and workforce pathways for youth and
disconnected youth.
Strengthening Community College Training Grants (SCCTG).--
The agreement provides $50,000,000 for the SCCTG program.
Workforce Opportunity for Rural Communities.--The agreement
provides $45,000,000 for the Workforce Opportunity for Rural
Communities program, to provide enhanced worker training in
the Appalachian, Delta, and Northern Border regions. The
Department is strongly encouraged to develop funding
opportunity announcements and make grant awards in
coordination with the Appalachian Regional Commission (ARC),
Delta Regional Authority (DRA), and Northern Border Regional
Commission (NBRC), and each award shall not exceed
$1,500,000. Within the total, the agreement includes
$20,000,000 for grants in areas served by the ARC;
$20,000,000 for areas served by the DRA, and $5,000,000 for
areas served by the NBRC.
YouthBuild
The Department is encouraged to ensure YouthBuild grants
serve geographically diverse areas, including rural areas.
Apprenticeship Grant Program
The agreement provides $235,000,000 to support registered
apprenticeships.
The agreement notes that funding under this program should
be prioritized to support State, regional, and local
apprenticeship efforts, as well as efforts by intermediaries,
to expand registered apprenticeships into new industries and
for underserved or underrepresented populations.
The agreement strongly encourages the Department to
collaborate with the Northern Border Regional Commission to
develop a targeted apprenticeship program to meet the needs
of the rural communities in the region.
Community Project Funding/Congressionally Directed Spending
The agreement includes $137,638,000 for the projects, and
in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included
in this explanatory statement accompanying this division.
JOB CORPS
Gainesville Job Corps Center.--The Department is encouraged
to increase the capacity for Job Corps services or job
training opportunities in North Central Florida.
Gulfport Job Corps Center.--The agreement requests
quarterly updates regarding the Gulfport Job Corps Center
project.
Job Corps Rural Training Sites.--The agreement encourages
the Department to enhance opportunities for students in
underserved rural or remote communities through partnerships
between high quality center operators and existing rural
training sites.
Rhode Island Job Corps Center.--The agreement requests a
briefing within 120 days of enactment of this Act detailing
the progress of discussions between the City of Pawtucket and
the Exeter, Rhode Island Job Corps Center about increasing
the offering of training services through a satellite center.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
Unemployment Insurance Compensation
The agreement includes $2,850,816,000 for Unemployment
Insurance Compensation activities, an increase of
$285,000,000, for additional resources for States to increase
staffing capacity and to accommodate sustained increases in
workload.
Employment Service
National Activities.--The agreement includes an increase of
$1,000,000 to continue efforts to reduce the processing
backlog for the work opportunity tax credit program and for
assisting States to modernize information technology for
processing of certification requests, which may include
training and technical assistance.
Foreign Labor Certification
The agreement recognizes the importance of the H-2B program
and urges the Department to take all necessary and
appropriate steps to ensure prompt processing of H-2B visa
applications.
Wage and Hour Division
The Wage and Hour Division shall collect data at the
beginning of each fiscal year and submit in an electronic
format yearly reports to the Committees on Health, Education,
Labor, and Pensions and Appropriations of the Senate and the
Committees on Education and Labor and Appropriations of the
House of Representatives. The report shall include the
following:
--The name and address of each employer holding a
certificate under 29 USC 214(c);
--The starting date and ending date of each certificate for
each employer under 29 USC 214(c);
--Information about the certificate for each employer under
29 USC 214(c) including if the certificate is an initial
certificate or renewal and if the certificate is issued or
pending; and
--The current number of workers employed by the employer
holding the certificate under 29 USC 214(c) at the time of
the data collected.
Bureau of Labor Statistics (BLS)
The agreement is supportive of the BLS work plan and
directives included in House Report 117-96. The agreement
includes $28,470,000 to complete the relocation of the BLS
headquarters, which was initiated in fiscal year 2020.
Departmental Management
Bureau of International Labor Affairs.--The agreement
requests the amount spent in the prior fiscal year on
technical assistance grants to combat exploitative child
labor and for worker rights issues be included in future
Congressional Justifications. Not later than 60 days after
enactment of this Act, the Bureau is directed to brief the
Committees on its planned allocation of fiscal year 2022
resources.
Evaluation Authority.-- The agreement continues authority
to use up to 0.75 percent of
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certain Department appropriations for evaluation activities
identified by the Chief Evaluation Officer. The agreement
expects to be notified of the planned uses of funds derived
from this authority.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
directs the Attorney General to ensure implementation of
evidence-based training programs on de-escalation and the
use-of-force, as well as on police community relations, and
the protection of civil rights, that are broadly applicable
and scalable to all Federal law enforcement agencies. The
agreement further notes that several agencies funded by this
Act employ Federal law enforcement officers and are Federal
Law Enforcement Training Centers partner organizations. The
agreement directs such agencies to consult with the Attorney
General regarding the implementation of these programs for
their law enforcement officers. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations on their efforts relating to such
implementation no later than 180 days after consultation with
the Attorney General. In addition, the agreement directs such
agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of
this Act, on their efforts to so participate.
Study on the Impacts of Hours Worked.--The Government
Accountability Office (GAO) is directed to conduct a study on
the short- and long-term trends in the labor market of the
number of hours worked by American workers, and the
correlation with these trends.
Worker Access to Retirement plans and other Benefits.-- The
agreement recognizes that a growing segment of workers do not
have access to employer-based retirement plans, and other
benefits typically provided through full-time employment. The
portability of benefits is an important feature of retirement
savings, workers compensation, health insurance, income
security and other work-related benefits. The agreement
directs the Chief Evaluation Officer of the Department of
Labor, in conjunction with Employee Benefits Security
Administration and other relevant DOL offices, to submit a
report to Congress within 6 months of enactment that provides
a detailed and specific analysis of why some workers do not
have access to these benefits and evidence-based
recommendations for pilot programs or other initiatives to
design, implement, and evaluate new and existing models and
approaches to providing high-quality benefits to workers who
currently do not have access to them. This proposal should
ensure that the various models are evaluated for their
ability to accommodate contributions from multiple employers
for an individual worker, as well as their scalability at the
national level.
IT Modernization
The Department is directed to continue to submit a report
to the Committees not later than 90 days after enactment of
this Act that provides an update on projects to be funded,
planned activities and associated timelines, expected
benefits, and planned expenditures. The report should also
include completed activities, remaining activities and
associated timelines, actual and remaining expenditures,
explanation of any cost overruns and delays, and corrective
actions, as necessary, to keep the project on track and
within budget.
The agreement includes a new provision which modifies
authority for the Department's Working Capital Fund (WCF), by
increasing the authority to transfer up to $36,000,000 in
future unobligated balances of appropriations provided in
this and future Department of Labor Appropriations acts into
the WCF. The Department is directed to continue to comply
with the plan requirements established by Public Law 115-245.
General Provisions
The agreement modifies a provision related to program
integrity activities.
The agreement includes a new provision related to the
Working Capital Fund.
The agreement modifies a provision related to H-1B fees.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration (HRSA)
PRIMARY HEALTH CARE
Alcee L. Hastings Program for Advanced Cancer Screening in
Underserved Communities.--Within the total for Health
Centers, the agreement includes $5,000,000 to fund Health
Centers to increase access and address barriers to cancer
screening, including patient education, case management,
outreach, and other enabling services, as described in House
Report 117-96.
Ending the HIV Epidemic.--The agreement includes
$122,250,000 within the Health Centers program for the Ending
the HIV Epidemic Initiative.
HRSA Strategy to Address Intimate Partner Violence and
Project Catalyst.--The agreement includes no less than
$2,000,000 for the HRSA Strategy to Address Intimate Partner
Violence as described in House Report 117-96.
Native Hawaiian Health Care.--The agreement includes no
less than $22,000,000 for the Native Hawaiian Health Care
Program.
Partnerships with Home Visiting Programs.--The agreement
directs HRSA to provide written guidance to health centers on
partnering with home visiting programs.
School-Based Health Centers.--The agreement includes
$30,000,000 for school-based health centers funded under
section 330 of the Public Health Service (PHS) Act, as
directed in P.L. 116-260.
Technical Assistance.--The agreement provides no less than
$2,000,000 within the amount provided for Health Centers to
enhance technical assistance and training activities, further
quality improvement initiatives, and continue the development
of and support for health center-controlled networks so that
new and existing centers can improve patient access to
quality health services.
HEALTH WORKFORCE
Maternity Care Target Areas (MCTAs).--The agreement
includes $1,000,000 within the National Health Service Corps
(NHSC) to implement requirements contained in the Improving
Access to Maternity Care Act, including establishing criteria
for and identifying MCTAs and collecting and publishing data
on the availability and need for maternity care health
services in health professional shortage areas.
Midwife Training.--Within the total funding for
Scholarships for Disadvantaged Students, the agreement
includes $3,500,000 to educate midwives to address the
national shortage of maternity care providers and the lack of
diversity in the maternity care workforce.
Primary Care Training and Enhancement.--The agreement does
not include dedicated funding to support trainings for
primary care health professionals to screen, briefly
intervene, and refer patients to treatment for the severe
mental illness of eating disorders.
Oral Health Training.--The agreement includes not less than
$12,000,000 each for General and Pediatric Dentistry.
Area Health Education Centers.--The agreement provides
$3,000,000, an increase of $1,000,000, to expand competitive
grants for experiential learning opportunities through
simulation labs as directed in P.L. 116-260.
Graduate Psychology Education (GPE).--Within the total for
Mental and Behavioral Health, the agreement includes
$20,000,000 for GPE.
Peer Support.--Within the total for Behavioral Health
Workforce Education and Training (BHWET), the agreement
includes no less than $14,000,000 for community-based
experiential training for students preparing to become peer
support specialists and other types of behavioral health-
related paraprofessionals, as described in House Report 117-
96.
Mental and Substance Use Disorder Workforce Training
Demonstration.--Within the total for BHWET, the agreement
includes $31,700,000 for this program. The agreement
continues support for grants to expand the number of nurse
practitioners, physician assistants, health service
psychologists, and social workers trained to provide mental
and substance use disorder services in underserved community-
based settings as authorized under section 760 of the PHS
Act.
Substance Use Disorder Treatment and Recovery (STAR) Loan
Repayment Program.--Within the total for BHWET, the agreement
includes $24,000,000 for this program.
Sexual Assault Nurse Examiners Program.--The agreement
includes $13,000,000, an increase of $4,000,000, within the
total for Advanced Education Nursing to expand training and
certification of Registered Nurses, Advanced Practice
Registered Nurses, and Forensic Nurses to practice as sexual
assault nurse examiners.
Registered Nurse (RN) Shortage.--The agreement includes
$4,750,000 within Nurse Education, Practice, Quality and
Retention to address the shortage of RNs. The agreement
directs HRSA to give priority in new funding announcements to
public entities for training of additional RNs, specifically
for acute care settings. In addition, the agreement directs
HRSA to give priority to applicants in States listed in the
HRSA publication ``Supply and Demand Projections of the
Nursing Workforce 2014-2030'' as having the greatest
shortages.
Experiential Learning Opportunities.--Within the total for
Nurse Education, Practice, Quality, and Retention, the
agreement includes $5,750,000, an increase of $2,750,000, to
expand competitive grants to enhance nurse education through
the expansion of experiential learning opportunities as
directed in P.L. 116-260.
Nurse Practitioner Optional Fellowship Program.--The
agreement provides $6,000,000 for this program, as described
in House Report 117-96.
Impact of COVID-19 on the Rural Nursing Workforce.--The
agreement directs HRSA to submit a report within one year of
enactment of this Act on the impact of the current public
health emergency on the nursing workforce, especially in
rural areas, and summarize strategies to mitigate and address
these impacts.
MATERNAL AND CHILD HEALTH
Maternal and Child Health Block Grant Special Projects of
Regional and National Significance (SPRANS)
Alliance for Maternal Health Safety Bundles.--The agreement
includes $12,000,000 for this activity, as described in House
Report 117-96.
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Children's Health and Development.--The agreement
recognizes the work to improve child health through a
Statewide system of early childhood developmental screenings
and interventions started in fiscal year 2017. The agreement
encourages HRSA to build upon this work in States with high
levels of or disparities in childhood poverty.
Early Childhood Education Expert Grants.--The agreement
includes $5,000,000 to place early childhood development
experts in pediatrician offices that serve a population with
a high percentage of Medicaid and CHIP patients.
Hemophilia.--The agreement includes sufficient funding for
the Regional Hemophilia Network Program.
Hereditary Hemorrhagic Telangiectasia (HHT) Centers of
Excellence.--The agreement includes $2,000,000 to establish a
new competitive grant program for HHT Centers of Excellence,
as described in House Report 117-96.
Infant-Toddler Court Teams.--The agreement includes
$13,000,000 for Infant-Toddler Court Teams, as described in
House Report 117-96.
Maternal Mental Health Hotline.--The agreement includes
$4,000,000 for this activity.
National Fetal Infant and Child Death Review (FICDR).--The
agreement includes $2,100,000, an increase of $1,000,000
above the fiscal year 2021 enacted level, for the national
FICDR program to expand support and technical assistance to
States and tribal communities and improve the availability of
data on sudden unexpected infant deaths.
Regional Pediatric Pandemic Network.--The agreement
provides $18,000,000 for the regional pediatric pandemic
network to significantly expand the capacity of the network
by increasing the number of grants to award a new meritorious
applicant from the original Regional Pediatric Pandemic
Network competition to form a coordinated network with the
existing grantee. Priority should be given to children's
hospitals as defined by section 340E of the PHS Act (42
U.S.C. 256e) and their affiliated university pediatric
partners. HRSA shall provide national leadership and
coordination across the funded entities to ensure national
dissemination of best practices to the broader pediatric care
community. The agreement continues funding for the current
grantee at no less than the fiscal year 2021 level.
State Maternal Health Innovation Grants.--The agreement
includes $29,000,000 for this activity.
Set-asides within SPRANS.--The agreement includes the
following set-asides within SPRANS. Within the set-aside for
Oral Health, $250,000 is provided for activities described in
House Report 117-96.
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Set-aside for Oral Health............................... $5,250,000
Set-aside for Epilepsy.................................. 3,642,000
Set-aside for Sickle Cell Disease....................... 6,000,000
Set-aside for Fetal Alcohol Syndrome.................... 1,000,000
------------------------------------------------------------------------
Maternal and Child Health Programs
Autism and Other Developmental Disorders.--The agreement
includes not less than $37,245,000 for the Leadership
Education in Neurodevelopmental and Related Disabilities
program.
Severe Combined Immune Deficiency (SCID).--Within the total
funding level for Heritable Disorders, the agreement includes
$4,000,000 to support newborn screening and follow-up for
SCID and other newborn screening disorders.
RYAN WHITE HIV/AIDS PROGRAM
Ending the HIV Epidemic.--The agreement includes
$125,000,000 within the Ryan White program for the Ending the
HIV Epidemic initiative.
HEALTH CARE SYSTEMS
Reimbursement of Travel and Subsistence Expenses Toward
Living Organ Donation Program.--Within the total for Organ
Transplantation, the agreement includes no less than
$7,000,000 for the Living Organ Donation Program, as
described in House Report 117-96.
Organ Allocation Policy.--HRSA and the Organ Procurement
and Transplantation Network are encouraged to ensure the
process for changing organ allocation policies is
transparent, thorough, and accommodates the recommendations
of transplantation and organ donation professionals.
Poison Control Centers (PCCs).--The agreement directs HRSA
to provide increased funds directly to the PCCs and requests
a spend plan for the funds within 30 days of enactment of
this Act.
Cell Transplantation Program.--The agreement requests a
spend plan within 30 days of enactment of this Act for this
program.
RURAL HEALTH
Rural Health Outreach.--The agreement provides no less than
$2,000,000 for HRSA's collaboration with the Northern Border
Regional Commission (NBRC) to provide direct support to
member States to help underserved rural communities identify
and better address their health care needs and to help small
rural hospitals improve their financial and operational
performance. The agreement provides not less than $25,000,000
for the Delta States Rural Development Network Grant Program,
including $13,000,000 to support HRSA's collaboration with
the Delta Regional Authority, as described under this heading
in Conference Report 115-952.
Rural Maternity and Obstetrics Management Strategies
(RMOMS).--The agreement includes $6,000,000 for RMOMS, which
supports grants to improve access to and continuity of
maternal and obstetrics care in rural communities by
increasing the delivery of and access to preconception,
pregnancy, labor and delivery, and postpartum services, as
well as developing sustainable financing models for the
provision of maternal and obstetrics care.
Rural Emergency Hospital Technical Assistance Program.--The
agreement includes $5,000,000 within the total for Rural
Hospital Flexibility Grants to establish the Rural Emergency
Hospital Technical Assistance Program. This program will
provide technical assistance from existing State Flexibility
Programs and other stakeholders to assist facilities in the
implementation of the new Rural Emergency Hospital model.
Telehealth Centers of Excellence (COE).--The agreement
includes $7,500,000 for the Telehealth COE awarded sites.
Rural Communities Opioids Response (RCORP).--The agreement
includes $135,000,000 to continue RCORP. Within the funding
provided, the agreement includes $10,000,000 to continue the
three Rural Centers of Excellence (Centers), as established
by P.L. 115-245 and continued through P.L. 116-260. In
addition to the conditions set forth in Conference Report
115-952, the Centers are encouraged to develop
interdisciplinary, dual-track fellowships to train
psychiatrists in rural addiction psychiatry. Within this
total, the agreement also includes $2,500,000 of the funds
available for career and workforce training services for NBRC
to assist individuals affected by an opioid abuse disorder.
FAMILY PLANNING
The Family Planning program administers Title X of the PHS
Act. This program supports preventive and primary healthcare
services at clinics nationwide. The agreement does not
include language proposed by the House.
PROGRAM MANAGEMENT
Oral Health Literacy.--The agreement includes $300,000 for
the activity described under this heading in House Report
117-96.
Targeted Investments in Impoverished Areas.--The agreement
directs HRSA to develop and implement measures to increase
the share of investments made in persistent poverty counties,
high-poverty areas, and any other impoverished communities
that HRSA determines to be appropriate areas to target. The
agreement directs HRSA to provide an update to the Committees
within 180 days of enactment of this Act on how HRSA is
carrying out this directive.
Community Projects/Congressionally Directed Spending.--
Within the funds included in this account, $1,053,896,000
shall be for the Community Project Funding/Congressionally
Directed Spending projects, and in the amounts, as specified
in the table included in this explanatory statement
accompanying this division.
CENTERS FOR DISEASE CONTROL AND PREVENTION
The agreement provides $8,457,204,000 in total program
level funding for the Centers for Disease Control and
Prevention (CDC), which includes $7,498,546,000 in budget
authority and $903,300,000 in transfers from the Prevention
and Public Health (PPH) Fund.
IMMUNIZATION AND RESPIRATORY DISEASES
The agreement provides a total of $868,155,000 for
Immunization and Respiratory Diseases, which includes
$448,805,000 in discretionary appropriations and $419,350,000
in transfers from the PPH Fund. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Section 317 Immunization Program........................ $650,797,000
Acute Flaccid Myelitis.................................. 6,000,000
Influenza Planning and Response......................... 211,358,000
------------------------------------------------------------------------
Enhancing Section 317 Immunization Program.--The agreement
includes an increase to enhance adult immunization as
directed in House Report 117-96.
Improving Immunization Information Systems Infrastructure
and Data.--The agreement directs CDC to provide an update to
the Committees within 180 days of enactment of this Act on
compliance with interoperability standards.
Influenza Planning and Response.--The agreement includes an
increase to enhance CDC's influenza activities.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION
The agreement provides $1,345,056,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis
Prevention. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research............... $986,712,000
HIV Initiative........................................ 195,000,000
School Health-HIV..................................... 36,081,000
Viral Hepatitis......................................... 41,000,000
Sexually Transmitted Infections......................... 164,310,000
Tuberculosis............................................ 135,034,000
Infectious Diseases and the Opioid Epidemic............. 18,000,000
------------------------------------------------------------------------
Congenital Syphilis.--The agreement urges prioritization as
outlined in House Report 117-96.
Ending the HIV Epidemic Initiative.--The agreement includes
an increase to reduce new HIV infections.
Infectious Diseases and the Opioid Epidemic.--The agreement
includes an increase to strengthen efforts to address
infectious diseases associated with substance use. CDC
[[Page H2671]]
is directed to prioritize jurisdictions with the highest age-
adjusted mortality rate related to substance use disorders
and acute hepatitis C infection. CDC is also encouraged to
prioritize jurisdictions that are experiencing outbreaks or
emerging clusters of infectious diseases associated with drug
use, including those not eligible for Ending the HIV Epidemic
funding.
School Health.--The agreement includes an increase for the
investment in school health activities.
Sexually Transmitted Infections (STI).--The agreement
includes an increase for STI prevention and control
activities in public health programs.
Tuberculosis.--The agreement urges CDC to increase staffing
of tuberculosis technicians in tribal areas and increase
efforts to provide technical assistance to health
professionals who service those populations.
Viral Hepatitis.--The agreement includes an increase to
advance efforts to eliminate viral hepatitis.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
The agreement provides $693,272,000 for Emerging and
Zoonotic Infectious Diseases, which includes $641,272,000 in
discretionary appropriations and $52,000,000 in transfers
from the PPH Fund. Within this total, the agreement includes
the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Antibiotic Resistance Initiative........................ 182,000,000
Vector-Borne Diseases................................... 54,603,000
Lyme Disease............................................ 20,500,000
Prion Disease........................................... 6,500,000
Chronic Fatigue Syndrome................................ 5,400,000
Emerging Infectious Diseases............................ 194,997,000
Harmful Algal Blooms.................................... 2,500,000
Food Safety............................................. 68,000,000
National Healthcare Safety Network...................... 21,000,000
Quarantine.............................................. 50,772,000
Advanced Molecular Detection............................ 35,000,000
Epidemiology and Lab Capacity........................... 40,000,000
Healthcare-Associated Infections........................ 12,000,000
------------------------------------------------------------------------
Advanced Molecular Detection.--The agreement includes an
increase to bolster genomic epidemiology expertise and
capacity. The agreement directs CDC to provide an update on
the capabilities at public health laboratories in the fiscal
year 2023 Congressional Justification.
Antimicrobial and Antibiotic Resistance (AMR).--The
agreement includes an increase and directs CDC to improve
data collection and increase support for U.S. health
departments to detect, contain, and prevent AMR infections
and increase collaborative efforts on the national, regional,
State, tribal and local levels to assist with AMR response
and prevention efforts. The agreement encourages CDC to
competitively award research activities that address aspects
of AMR related to a ``One Health'' approach to public
academic medical centers including Minority Serving
Institutions, veterinary schools, including those with
agricultural extension services, and public health
departments whose proposals are in line with CDC's strategy
for addressing AMR bacteria. Furthermore, the agreement
directs CDC to work with other HHS agencies to provide the
briefing described under the section of the explanatory
statement pertaining to the Office of the Secretary.
Food Safety.--The agreement includes an increase to help
address critical unmet needs.
Lyme Disease and Related Tick-Borne Illnesses.--The
agreement provides an increase in recognition of the
importance of the prevention and control of Lyme disease and
related tick-borne diseases, and encourages CDC to support
surveillance and prevention of Lyme disease and other high
consequence tick-borne diseases in endemic areas as well as
areas not yet considered endemic. The agreement includes
funding for CDC's vector-borne diseases program to expand the
programs authorized under the Kay Hagan Tick Act (P.L. 116-
94) to promote a public health approach to combat rising
cases of tick-borne diseases, including activities directed
in House Report 117-96. CDC is directed to develop and
implement methods to improve surveillance to more accurately
report the disease burden, including through the development
of real time data for reporting Lyme disease and other tick-
borne diseases, as well as a process for estimating the
prevalence of Post-Treatment Lyme Disease Syndrome. CDC is
directed to direct funding to improve early diagnosis of Lyme
and related tick-borne diseases to prevent the development of
late stage disease and more serious and long-term disability.
CDC is encouraged to coordinate with the National Institutes
of Health (NIH), the National Institute of Mental Health, and
the National Institute of Neurological Disorders and Stroke
on publishing reports that assess diagnostic advancements,
methods for prevention, the state of treatment, and links
between tick-borne disease and psychiatric illnesses. CDC is
urged, in coordination with NIH, to include in their
surveillance the long-term effects on patients suffering from
post-treatment Lyme disease syndrome, or ``chronic Lyme
disease.'' Additionally, given the impact of Lyme disease and
the status of ongoing clinical trials, the agreement requests
a report within 180 days of enactment of this Act on CDC's
research to date and recommendations on actions needed to
facilitate a successful Lyme disease vaccine rollout that
will build confidence and encourage uptake should a vaccine
be approved by the FDA.
Mycotic Diseases.--The agreement provides an increase of
$2,000,000 in Emerging Infectious Diseases for mycotic
diseases and directs CDC to fully utilize its clinical trial
partners and the Mycoses Study Group to address the growing
threat from mycological infection in the United States and
around the world.
Surveillance Data on the Chronic Effects of COVID-19.--The
agreement recognizes that successfully addressing the health
care needs of individuals who develop chronic cardiovascular,
renal, and neurological effects of COVID-19 will require
long-term, population level, public health surveillance that
includes granular data related to COVID-19 and any comorbid
medical conditions. The agreement directs CDC to provide,
within 90 days of enactment of this Act, an accounting of the
data on the chronic effects of COVID-19 currently being
collected, the sources of these data, any existing or
anticipated gaps that exist, and to provide a plan for
addressing these surveillance data gaps as they relate to the
chronic effects of COVID-19 infection in both the immediate
and long-term.
Wastewater Surveillance.--The agreement directs CDC to
report on existing National Wastewater Surveillance System
grants and contracts within 90 days of enactment of this Act.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
The agreement provides $1,338,664,000 for Chronic Disease
Prevention and Health Promotion, which includes
$1,083,714,000 in discretionary appropriations and
$254,950,000 in transfers from the PPH Fund. Within this
total, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Tobacco................................................. $241,500,000
Nutrition, Physical Activity, and Obesity............... 58,420,000
High Obesity Rate Counties............................ 16,500,000
School Health........................................... 17,400,000
Glaucoma................................................ 4,000,000
Vision and Eye Health................................... 1,500,000
Alzheimer's Disease..................................... 30,500,000
Inflammatory Bowel Disease.............................. 1,000,000
Interstitial Cystitis................................... 1,100,000
Excessive Alcohol Use................................... 5,000,000
Chronic Kidney Disease.................................. 3,500,000
Chronic Disease Education and Awareness................. 3,000,000
Prevention Research Centers............................. 26,961,000
Heart Disease and Stroke................................ 145,105,000
Diabetes................................................ 151,129,000
National Diabetes Prevention Program.................... 33,300,000
Breast and Cervical Cancer.............................. 227,000,000
WISEWOMAN............................................. 30,120,000
Breast Cancer Awareness for Young Women................. 5,960,000
Cancer Registries....................................... 51,440,000
Colorectal Cancer....................................... 43,294,000
Comprehensive Cancer.................................... 20,425,000
Johanna's Law........................................... 10,500,000
Ovarian Cancer.......................................... 12,500,000
Prostate Cancer......................................... 14,205,000
Skin Cancer............................................. 4,000,000
Cancer Survivorship Resource Center..................... 475,000
Oral Health............................................. 19,750,000
Safe Motherhood/Infant Health........................... 83,000,000
Arthritis............................................... 11,000,000
Epilepsy................................................ 10,500,000
National Lupus Registry................................. 9,500,000
Racial and Ethnic Approaches to Community Health (REACH) 65,950,000
Good Health and Wellness in Indian Country............ 22,500,000
Social Determinants of Health........................... 8,000,000
Million Hearts.......................................... 4,000,000
National Early Child Care Collaboratives................ 4,000,000
Hospitals Promoting Breastfeeding....................... 9,750,000
------------------------------------------------------------------------
Alzheimer's Disease.--The agreement provides an increase to
support provisions authorized by the BOLD Infrastructure for
Alzheimer's Act (P.L. 115-406).
Breast Cancer Awareness for Young Women.--The agreement
includes an increase to expand awareness and prevention
efforts.
Chronic Disease Education and Awareness.--The agreement
includes an increase to expand this competitive grant
program.
Diabetes.--The agreement includes an increase to enhance
efforts to prevent diabetes and reduce its complications, and
to expand the Diabetes Prevention Program.
Farm-to-School.--The agreement continues $2,000,000 within
Nutrition, Physical Activity, and Obesity for research and
education activities promoting healthy eating habits for
students. The agreement intends that these grants support
multi-agency and multi-organizational State farm to early
childhood programs with priority given to entities with
experience running farm to early childhood programs. The
agreement directs CDC to coordinate farm to early childhood
program efforts with the Office of Community Food Systems at
the Department of Agriculture.
Food Allergies.--The agreement includes $2,000,000 for a
school-based effort to address food allergies and reduce
potentially fatal anaphylactic reactions.
Heart Disease and Stroke Prevention.--The agreement
includes an increase to strengthen and expand evidence-based
heart disease and stroke prevention activities focused on
high risk populations.
High Obesity Rate Counties.--CDC grantees are expected to
work with State and local public health departments and other
partners to support measurable outcomes through community and
population-level evidenced-based obesity intervention and
prevention programs. Funded projects should integrate
evidence-based policy, systems, and environmental approaches
to better understand and address the environmental and
societal implications of obesity. The agreement encourages
CDC to consider including high childhood obesity rates in its
eligibility criteria for the High Obesity Program.
Hospitals Promoting Breastfeeding.--The agreement includes
an increase for evidence-based practice improvements in
hospitals, with an emphasis on physician and care provider
education, with the aim of supporting breastfeeding and
increasing breastfeeding rates.
[[Page H2672]]
Johanna's Law.--The agreement includes an increase to raise
awareness about the five main types of gynecological cancer.
Mississippi Delta Health Collaborative (MDHC).--Within the
funds provided for Chronic Disease Prevention and Health
Promotion, the agreement encourages CDC to build on its
longstanding investment in MDHC by working to replicate the
work in additional sites while maintaining the current
strategy. The agreement directs CDC to provide an update on
these activities in the fiscal year 2023 Congressional
Justification.
Oral Health.--The agreement includes an increase for
efforts to reduce oral disease and provide effective
interventions.
Ovarian Cancer.--The agreement provides an increase for
prevention activities.
Safe Motherhood and Infant Health.--The agreement includes
an increase to expand and increase support for Maternal
Mortality Review Committees (MMRCs), Perinatal Quality
Collaboratives (PQCs), and other programs including Sudden
Unexplained Infant Death (SUID) and the Sudden Death in the
Young (SDY) Case Registry. CDC is directed to expand support
for MMRCs and improve data collection at the State level to
create consistency in data collection, analysis and reporting
across State MMRCs. This investment is necessary to provide
accurate national statistics on U.S. maternal mortality rates
and inform data-driven actions to prevent these deaths. The
agreement directs CDC to submit the reports requested under
this heading in House Report 117-96. Furthermore, the
agreement includes funding for the SUID and SDY Registry to
expand the number of States and jurisdictions participating
in monitoring and surveillance and urges CDC to facilitate
data collection and analysis to improve SUID prevention
strategies.
Skin Cancer Education and Prevention.--The agreement notes
concern with the growing number of people diagnosed with
preventable forms of skin cancer. The agreement continues to
provide funding for skin cancer education and prevention and
encourages CDC to increase its collaboration and partnership
with local governments, business, health, education,
community, non-profit, and faith-based sectors.
Social Determinants of Health.--The agreement provides an
increase for the program of planning grants started in fiscal
year 2021 (P.L. 116-260).
Racial and Ethnic Approaches to Community Health (REACH).--
The agreement provides an increase to address racial and
ethnic health disparities, including the Good Health and
Wellness in Indian Country program.
Tobacco.--The agreement provides an increase to reduce
deaths and prevent chronic diseases, including addressing the
youth use of e-cigarettes.
Vision and Eye Health.--The agreement includes an increase
and directs CDC to improve surveillance efforts, which may
include updating national prevalence estimates on vision
impairment and eye disease through the use of the National
Health Nutrition Examination Survey and improving existing
surveillance of social, economic, and environmental contexts
as related to eye healthcare disparities.
WISEWOMAN.--The agreement includes an increase to provide
uninsured and under-insured, low-income women with lifesaving
preventive services.
BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES
The agreement provides $177,060,000 for Birth Defects and
Developmental Disabilities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Child Health and Development............................ $65,800,000
Birth Defects......................................... 19,000,000
Fetal Death........................................... 900,000
Fetal Alcohol Syndrome................................ 11,000,000
Folic Acid............................................ 3,150,000
Infant Health......................................... 8,650,000
Autism................................................ 23,100,000
Health and Development for People with Disabilities..... 76,910,000
Disability & Health................................... 39,000,000
Tourette Syndrome..................................... 2,000,000
Early Hearing Detection and Intervention.............. 10,760,000
Muscular Dystrophy.................................... 6,500,000
Attention Deficit Hyperactivity Disorder.............. 1,900,000
Fragile X............................................. 2,000,000
Spina Bifida.......................................... 7,500,000
Congenital Heart...................................... 7,250,000
Public Health Approach to Blood Disorders............... 7,400,000
Hemophilia CDC Activities............................... 3,500,000
Hemophilia Treatment Centers............................ 5,100,000
Thalassemia............................................. 2,100,000
Neonatal Abstinence Syndrome............................ 3,250,000
Surveillance for Emerging Threats to Mothers and Babies. 13,000,000
------------------------------------------------------------------------
Congenital Cytomegalovirus (CMV).--The agreement encourages
CDC to continue its activities to prevent CMV infection, and
directs CDC to provide an update on efforts to develop,
implement, and evaluate CMV prevention strategies in the
fiscal year 2023 Congressional Justification.
Congenital Heart Disease.--The agreement includes an
increase to further implement the screening, surveillance,
research, and awareness activities authorized by the
Congenital Heart Futures Reauthorization Act (P.L. 115-342).
Disability and Health.--The agreement directs CDC to
allocate the increase in the same manner as directed in P.L.
115-245.
Hemophilia Treatment Centers.--The agreement continues to
support CDC's hemophilia programs and encourages CDC to
increase outreach to underserved populations and inclusion in
the Community Counts Hemophilia Data Collection program.
Muscular Dystrophy.--The agreement includes an increase and
directs CDC to submit the report requested under this heading
in House Report 117-96.
Neonatal Abstinence Syndrome (NAS).--The agreement includes
an increase to support efforts to address the rise in NAS
resulting from the overuse of opioids and other related
substances during pregnancy, including research on opioid use
during pregnancy and related adverse outcomes from infancy
through childhood, and to identify best practices for care,
evaluation, and management to help children.
Public Health Approach to Blood Disorders.--The agreement
includes an increase to expand sickle cell data collection
efforts.
Spina Bifida.--The agreement includes an increase to
support efforts to improve the health status of people living
with spina bifida.
Surveillance for Emerging Threats to Mothers and Babies
Network (SET NET).--The agreement includes an increase to
expand CDC's SET NET to additional jurisdictions.
Zika Surveillance.--The agreement supports CDC's continued
collaboration with State, tribal, territorial, and local
health departments to monitor mothers and babies impacted by
the Zika virus during pregnancy in the highest risk
jurisdictions. CDC was provided additional funding in fiscal
year 2019 to expand its Zika surveillance to determine the
long-term health impacts of infants born to mothers infected
with the Zika virus.
PUBLIC HEALTH SCIENTIFIC SERVICES
The agreement provides a total of $651,997,000 for Public
Health Scientific Services. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Health Statistics....................................... $180,397,000
Surveillance, Epidemiology, and Informatics............. 410,600,000
Public Health Data Modernization...................... 100,000,000
Public Health Workforce................................. 61,000,000
------------------------------------------------------------------------
Bereavement.--The agreement urges CDC to include a new
module focused on bereavement to the Behavioral Risk Factor
Surveillance Survey to better understand the scope of
bereavement exposure in the U.S. CDC is also encouraged to
include a special highlight section on its Health, United
States publication.
Improving Accuracy of Diagnosis of Rare Diseases.--The
agreement encourages the National Center for Health
Statistics to work with Federal agency partners, including
FDA and NIH, to establish a pathway for pursuing a specific
diagnostic code for rare diseases that currently lack one.
The agreement requests a report on the feasibility of such a
pathway within 180 days of enactment of this Act.
National Center for Health Statistics.--The agreement
includes an increase to begin to make much-needed investments
in the next generation of surveys and products.
National Neurological Conditions Surveillance System.--The
agreement provides a total of $5,000,000 within Surveillance,
Epidemiology, and Informatics to continue efforts on the two
initial conditions.
Public Health Data Modernization.--The agreement commends
CDC for the progress made to date and includes an increase to
advance efforts toward creating a modern, high-speed,
networked public health infrastructure that will work for all
diseases and conditions. The agreement recognizes that this
effort is not solely about technological upgrades or about
short-term solutions.
ENVIRONMENTAL HEALTH
The agreement provides $228,350,000 for Environmental
Health programs, which includes $211,350,000 in discretionary
appropriations and $17,000,000 in transfers from the PPH
Fund. Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Environmental Health Laboratory......................... $68,750,000
Newborn Screening Quality Assurance Program........... 19,000,000
Newborn Screening/Severe Combined Immunodeficiency 1,250,000
Diseases.............................................
Environmental Health Activities......................... 47,600,000
Safe Water............................................ 8,600,000
Amyotrophic Lateral Sclerosis Registry................ 10,000,000
Trevor's Law.......................................... 2,000,000
Climate and Health.................................... 10,000,000
Environmental and Health Outcome Tracking Network....... 34,000,000
Asthma.................................................. 30,500,000
Childhood Lead Poisoning................................ 41,000,000
Lead Exposure Registry.................................. 5,000,000
Vessel Sanitation....................................... 1,500,000
------------------------------------------------------------------------
Asthma.--The agreement includes an increase for the
National Asthma Control Program to expand surveillance.
Childhood Lead Poisoning.--The agreement includes an
increase for this program.
Lead Exposure Registry.--The agreement includes an increase
for the Flint, Michigan Lead Exposure Registry.
Newborn Screening.--The agreement includes an increase to
expand newborn screening efforts.
Vessel Sanitation.--The agreement reflects a one-time
appropriation as provided in section 138 of P.L. 117-43.
INJURY PREVENTION AND CONTROL
The agreement provides $714,879,000 for Injury Prevention
and Control activities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Domestic Violence and Sexual Violence................... 34,700,000
Child Maltreatment.................................... 7,250,000
[[Page H2673]]
Child Sexual Abuse Prevention......................... 2,000,000
Youth Violence Prevention............................... 15,100,000
Domestic Violence Community Projects.................... 5,500,000
Rape Prevention......................................... 56,750,000
Suicide Prevention...................................... 20,000,000
Adverse Childhood Experiences........................... 7,000,000
National Violent Death Reporting System................. 24,500,000
Traumatic Brain Injury.................................. 7,250,000
Elderly Falls........................................... 2,050,000
Drowning................................................ 1,000,000
Other Injury Prevention Activities...................... 28,950,000
Opioid Overdose Prevention and Surveillance............. 490,579,000
Injury Control Research Centers......................... 9,000,000
Firearm Injury and Mortality Prevention Research........ 12,500,000
------------------------------------------------------------------------
Adolescent Mental Health.--The agreement urges CDC to
establish a program that leverages existing CDC activities
dedicated to adolescent mental health to develop and
implement national goals and a national strategy to improve
adolescent mental wellbeing and advance equity, with a focus
on culturally responsive prevention and early intervention.
CDC is urged to coordinate with other Federal agencies and
departments, as appropriate.
Adverse Childhood Experiences.--The agreement includes an
increase and directs CDC to submit the report requested under
this heading in House Report 117-96.
Domestic Violence and Sexual Violence.--The agreement notes
recent bipartisan actions to reauthorize the Violence Against
Women Act, and supports efforts to establish an interagency
working group to coordinate domestic violence prevention
across all levels of government and with all relevant
stakeholders.
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000 to conduct research on firearm
injury and mortality prevention. Given violence and suicide
have a number of causes, the agreement recommends the CDC
take a comprehensive approach to studying these underlying
causes and evidence-based methods of prevention of injury,
including crime prevention. All grantees under this section
will be required to fulfill requirements around open data,
open code, pre-registration of research projects, and open
access to research articles consistent with the National
Science Foundation's open science principles. The Director of
CDC is to report to the Committees within 30 days of
enactment on implementation schedules and procedures for
grant awards, which strive to ensure that such awards support
ideologically and politically unbiased research projects.
Opioid Abuse and Overdose Prevention.--The agreement
includes an increase to enhance efforts, including
improvements in data quality and monitoring, including on
substances driving overdoses. In addition to the directives
included in House Report 117-96, CDC is directed to continue
expansion of case-level syndromic surveillance data,
improving interventions that monitor prescribing and
dispensing practices as well as the timeliness and quality of
morbidity and mortality data, and enhancing efforts with
medical examiners and coroner offices. CDC is urged to
improve utilization of state-based Prescription Drug
Monitoring Programs (PDMPs) to assist in clinical decision-
making and surveillance. CDC is further directed to continue
to expand an innovative model to coordinate care for high-
risk patients receiving opioid treatment and encouraged to
work with the Office of the National Coordinator for Health
Information Technology to enhance the integration of PDMPs
and electronic health records.
Opioid Prescribing Guidelines.--The agreement applauds
CDC's February 2022 Updated Clinical Practice Guideline for
Prescribing Opioids for Chronic Pain, for use by primary care
clinicians for chronic pain in outpatient settings outside of
active cancer treatment, palliative care, and end-of-life
care. The agreement directs CDC to continue its work
educating patients and providers, and to encourage uptake and
use of the Guidelines. The agreement urges CDC to continue
coordination with other Federal agencies in implementation
and related updates in safe prescribing practices to ensure
consistent, high-quality care standards across the Federal
government.
Public Safety Officer Suicide Reporting System.--The
agreement continues funding for the activities described in
the Helping Emergency Responders Overcome Act of 2020, as
directed in P.L. 116-260.
Suicide Prevention.--The agreement includes an increase and
directs CDC to expand its comprehensive suicide prevention
program to implement and evaluate an evidence-based public
health approach to suicide prevention with attention to high-
risk, vulnerable populations and increase research to
understand how certain factors, including access to mental
health services, contribute to the risk of or protect against
suicidal behaviors in different populations. CDC is also
directed to expand and enhance its emergency department
syndromic surveillance on suicidal behavior and nonfatal
suicide-related outcomes to provide near real-time data on
suicidal ideation and attempts, disaggregated by race and
ethnicity, age, disability status, and sex, in order to
inform community-based suicide prevention efforts. CDC is
encouraged to use this funding to expand research, increase
data collection to inform local responses, and support State
health departments and other stakeholders as they develop and
implement comprehensive suicide prevention plans.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)
The agreement provides a total of $351,800,000 for NIOSH in
discretionary appropriations. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
National Occupational Research Agenda................... $118,000,000
Agriculture, Forestry, and Fishing.................... 27,500,000
Education and Research Centers.......................... 31,000,000
Personal Protective Technology.......................... 22,000,000
Mining Research......................................... 62,500,000
National Mesothelioma Registry and Tissue Bank.......... 1,200,000
Firefighter Cancer Registry............................. 3,000,000
Other Occupational Safety and Health Research........... 114,100,000
------------------------------------------------------------------------
Agriculture, Forestry, and Fishing.--The agreement includes
an increase to expand efforts to protect workers in this
sector.
Analysis of the Impact of COVID-19 in the Workplace.--The
agreement directs CDC to conduct an assessment and provide a
briefing to the Committees within one year of enactment of
this Act on the adequacy of reporting and data collection of
COVID-19 infections, outbreaks, and deaths among workers, and
recommendations and a professional budget justification for
improvements in data collection and reporting by employers,
localities, States and the Federal government for COVID-19
and future epidemics.
Coal Workers' Health Surveillance Program Mobile Medical
Unit.--The agreement directs CDC to prioritize the
maintenance of mobile medical units and urges CDC to consider
the purchase of an additional mobile medical unit to improve
access to screening for miners, as early screening and
detection of black lung can improve health outcomes and
reduce mortality.
Education and Research Centers.--The agreement includes an
increase to support efforts to reduce work-related injuries
and illness.
Firefighter Cancer Registry.--The agreement includes an
increase for this voluntary, anonymous registry system.
Personal Protective Technologies.--The agreement includes
an increase and directs CDC to submit the report requested
under this heading in House Report 117-96.
Total Worker Health.--The agreement provides an increase to
expand the program.
Underground Mine Evacuation Technologies and Human Factors
Research.--The agreement provides an increase for grant
activities as directed in P.L. 116-94.
GLOBAL HEALTH
The agreement provides $646,843,000 for Global Health
activities. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Global AIDS Program..................................... $128,921,000
Global Tuberculosis..................................... 9,722,000
Global Immunization Program............................. 228,000,000
Polio Eradication..................................... 178,000,000
Measles and Other Vaccine Preventable Diseases........ 50,000,000
Parasitic Diseases and Malaria.......................... 27,000,000
Global Public Health Protection......................... 253,200,000
------------------------------------------------------------------------
Global AIDS.--The agreement includes an increase to advance
the global fight against HIV/AIDS.
Global Public Health Protection.--The agreement includes an
increase for CDC to lead global health security activities to
prevent, detect, and respond to infectious disease threats
and outbreaks around the globe.
Parasitic Diseases and Malaria.--The agreement includes an
increase to enhance parasitic diseases and malaria
activities.
Polio Eradication.--The agreement includes an increase to
support CDC activities related to wild poliovirus and
vaccine-derived polio surveillance, vaccine procurement, and
outbreak response. CDC is urged to continue to provide
technical assistance to countries for polio immunization
campaigns, conduct environmental surveillance of polio
viruses to ensure prompt detection and to prevent potential
outbreaks of paralytic polio disease. CDC is directed to
provide a briefing on its polio eradication activities within
90 days of enactment of this Act.
Population-based Surveillance Platforms.--The agreement
directs at least $4,000,000 to be used to support existing
longitudinal population-based infectious disease surveillance
platforms that enable comparative analysis between urban and
rural populations in the developing world.
Soil Transmitted Helminth and Related Diseases of
Poverty.--The agreement continues $1,500,000 for
surveillance, source remediation, and clinical care aimed at
reducing soil transmitted helminth to extend the currently
funded projects for another year.
Tuberculosis.--The agreement includes an increase to
advance tuberculosis prevention, diagnosis, and treatment
efforts.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The agreement provides $862,200,000 for public health
preparedness and response activities. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $715,000,000
Agreement..............................................
Academic Centers for Public Health Preparedness......... 8,200,000
All Other CDC Preparedness.............................. 139,000,000
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative
Agreement.--The agreement includes an increase for
cooperative agreement awards.
BUILDINGS AND FACILITIES
The agreement provides $30,000,000 in discretionary budget
authority.
Atlanta-based Buildings and Facilities.--The agreement
includes funding to make
[[Page H2674]]
progress on CDC's backlog of maintenance and repairs at its
Atlanta campuses. In order to protect Americans from health
threats and to rapidly respond to public health emergencies,
CDC needs a safe, secure, and fully operational
infrastructure in the form of its own laboratories,
buildings, and facilities. The agreement supports the
completion of the Atlanta Masterplan Build Out and recognizes
that CDC has over 9,700 employees in Georgia with over 4,000
staff in Atlanta currently working in leased office space.
Completion of the Atlanta Masterplan Build Out will enable
CDC to vacate leased spaces to owned facilities achieving
cost savings through lease avoidance and gain operational
efficiencies; improve scientific and laboratory
collaboration; and enhance teamwork. Additionally, having CDC
staff work in CDC owned facilities will provide enhanced
security and resiliency for staff, scientific data and other
critical public health resources.
Mine Safety Research Facility.--The agreement notes bill
language and funding to support the design and construction
for a mine safety research facility to replace the Lake Lynn
Experimental Mine and Laboratory were provided in fiscal year
2021. The agreement requests the continuation of quarterly
updates on progress in the construction of the facility,
costs incurred, and unanticipated challenges which may affect
timeline or total costs until completion of the facility.
CDC WIDE ACTIVITIES
The agreement provides $493,570,000 for CDC-wide
activities, which includes $333,570,000 in discretionary
appropriations and $160,000,000 in transfers from the PPH
Fund. Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Preventive Health and Health Services Block Grant...... $160,000,000
Public Health Leadership and Support................... 113,570,000
Infectious Disease Rapid Response Reserve Fund......... 20,000,000
Public Health Infrastructure and Capacity.............. 200,000,000
------------------------------------------------------------------------
COVID-19 Testing Failure.--The agreement notes that GAO
examined CDC laboratory quality control deficiencies in its
July 2021 report COVID-19: Continued Attention Needed to
Enhance Federal Preparedness, Response, Service Delivery, and
Program Integrity (GAO-21-551) and made recommendations that
CDC has agreed to pursue. The lack of clearly defined
approval criteria and poor communication of test performance
problems within CDC illustrate there is still a need for an
assessment of what led to the failure. The agreement includes
direction in the Office of the Secretary to establish a Task
Force, including participation from outside stakeholders and
subject matter experts, to evaluate what contributed to the
shortcomings of the first COVID-19 tests, including
laboratory irregularities, and what policies, practices and
systems should be established to address these issues in the
future. The Task Force shall also examine CDC's processes for
the development and deployment of diagnostics and its ongoing
operations, including communications and electronic lab
reporting with clinical, commercial, and State and local
public health laboratories. Based on the conclusions of this
effort, CDC shall develop an agency-wide coordination plan
for developing and deploying assays during a public health
emergency that engages a nationwide system, as appropriate,
and leverages the expertise offered by the public and private
sectors. In addition, the agreement directs CDC to provide an
update to the Committees on the status of the implementation
of the recommendations made by GAO-21-551 within 180 days of
enactment of this Act.
Infectious Disease Rapid Response Reserve Fund.--The
agreement includes an increase toward the replenishment of
this fund to ensure that CDC is positioned to respond quickly
to an imminent public health emergency.
Local Health Departments.--The agreement reiterates the
language in House Report 117-96 and urges CDC to publicly
track and report to the Committees how funds provided to
State health departments are passed through to local health
departments, including amount, per grant award, by local
jurisdiction.
Public Health Infrastructure and Capacity.--The agreement
establishes a new funding line to provide a stable source of
resources that is not segmented by disease, condition, or
activity. The agreement recognizes that the nation's public
health partners need to be better equipped and more flexible
to coordinate together to save lives. The agreement directs
that no less than 70 percent of this funding be awarded to
health departments.
Public Health Scholars Program.--The agreement commends CDC
for its commitment to health equity and workforce development
to ensure a future where an increasingly diverse American
public benefits from a more diverse and better trained public
health workforce. The agreement applauds CDC on the 10th
anniversary of the CDC Undergraduate Public Health Scholars
(CUPS) Program. The CUPS Program is hereby renamed the John
R. Lewis CDC Undergraduate Public Health Scholars Program.
Rural Health.--The agreement requests CDC assess and submit
a report within 180 days of enactment of this Act on the
agency's rural-focused efforts and how to strengthen such
efforts. The report shall include a review of CDC's recent
work to address public health needs in rural America, a
catalogue of CDC staff who have been specifically devoted to
these activities, and a professional budget justification of
what additional activities CDC would undertake in this area,
given additional resources.
National Institutes of Health (NIH)
The agreement provides $44,959,000,000 for NIH, including
$496,000,000 from the 21st Century Cures Act (P.L. 114-255),
an increase of $2,250,000,000, or 5.3 percent, above fiscal
year 2021. The agreement provides a funding increase of no
less than 3.4 percent above fiscal year 2021 to every
Institute and Center (IC).
The agreement appropriates funds authorized in the 21st
Century Cures Act. Per the authorization, $194,000,000 is
transferred to the National Cancer Institute (NCI) for cancer
research; $76,000,000 to the National Institute of
Neurological Disorders and Stroke (NINDS) and $76,000,000 to
the National Institute on Mental Health (NIMH) for the BRAIN
Initiative; and $150,000,000 will be allocated from the NIH
Innovation Fund for the All of Us precision medicine
initiative.
The Common Fund is supported as a set-aside within the
Office of the Director at $657,401,000. In addition,
$12,600,000 is provided to support pediatric research as
authorized by the Gabriella Miller Kids First Research Act
(P.L. 113-94).
The agreement directs NIH to include updates on the
following research, projects, and programs in the fiscal year
2023 Congressional Justification: closing congenital heart
disease research gaps; efforts to enhance childhood cancer
research efforts, including coordination efforts already
underway through the Trans-NIH Pediatric Research Consortium;
Environmental Influences on Child Health Outcomes (ECHO),
including progress made by ECHO-funded research and efforts
to include a larger representation of indigenous children
into the national cohort; hearing health screening for older
adults; maternal infections; efforts to modernize and improve
the Surveillance, Epidemiology and End Results Registry; and
multiple sulfatase deficiency.
NATIONAL CANCER INSTITUTE (NCI)
Cancer Survivorship.--The agreement urges NCI to address
the unique needs of cancer survivors by continuing to
allocate robust funding for Cancer Survivor Support Programs.
Childhood Cancer Data Initiative (CCDI).--The agreement
includes $50,000,000 for the third year of the CCDI.
Childhood Cancer STAR Act.--The agreement includes no less
than $30,000,000 for continued implementation of sections of
the Childhood Cancer Survivorship, Treatment, Access, and
Research (STAR) Act.
Deadliest Cancers.--The agreement directs NIH to provide a
status update and timeline for the scientific framework (for
gastric, esophageal, and gastroesophageal junction cancers)
within 60 days of enactment of this Act.
Cancer Success Rates.--The agreement supports NCI's leading
role in advancing cancer research and is encouraged by the
scientific breakthroughs in genomics, computational science,
immunotherapy, and bioengineering made possible through
appropriations over the last decade. The agreement further
understands that these scientific advancements have led to a
substantial increase in NCI grant applications. To address
this ongoing issue, the agreement provides an additional
$150,000,000 to NCI.
Reducing Native American Cancer Disparities.--The agreement
urges NCI to continue to support and expand research efforts
focused on reducing cancer disparities among Native American
populations, which experience overall cancer incidence and
mortality rates which are much higher than non-Native
populations. The agreement encourages NCI to continue to
support efforts to develop durable capacity for Tribally-
engaged cancer disparities research through an integration of
research, education, outreach, and clinical access.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE (NHLBI)
Cardiovascular Disease Research.--The agreement remains
concerned about the prevalence of cardiovascular disease
among Americans and supports research into cutting-edge
cardiovascular research and drug discovery. This research
should focus across disciplines of medicine, immunology,
imaging, chemistry, biomedical engineering, physics,
statistics, mathematics, and entrepreneurship to design new
therapies and therapy delivery systems and strategies that
are safer, more effective, and improve patient compliance.
Community Engagement Alliance Against COVID-19 Disparities
(CEAL) Initiative.--The agreement includes $20,000,000 for
the CEAL initiative. This initiative will connect researchers
with community organizations and leaders to conduct outreach
and increase participation of people from underrepresented
communities in clinical trials for COVID-19 treatments and
vaccines.
Congenital Heart Disease (CHD).--The agreement encourages
NHLBI to prioritize CHD activities outlined in its strategic
plan, including improving understanding of outcomes and co-
morbidities, modifying treatment options across the lifespan,
and accelerating discovery, analysis, and translation by
leveraging CHD registries and networks.
Hemophilia.--The agreement encourages NHLBI to pursue the
recommended research agenda from the 2018 State of the
Science Workshop, such as longitudinal studies to determine
the factors that influence inhibitor development.
[[Page H2675]]
Hypertension Prevention Research.--The agreement recommends
that NIH prioritize research funding on the impacts of
exercise and aspirin on hypertension.
Lymphedema (LE).--The agreement directs NHLBI to increase
support for research on LE and to establish a Research
Condition Disease Categorization category for research
related to lymphedema.
National Commission on Lymphatic Diseases.--The agreement
directs NIH to establish a National Commission on Lymphatic
Diseases and to engage with relevant Institutes, Centers, and
external stakeholders in establishing this Commission. The
agreement directs NIH to provide an update on progress to
establish the Commission within 60 days of the enactment of
this Act.
Pulmonary Fibrosis (PF).--The agreement recognizes that
pulmonary fibrosis encompasses more than 200 different lung
diseases that have many similarities despite having a variety
of causes. This heterogeneity presents significant challenges
for diagnosis and treatment. Accordingly, the agreement is
pleased that the Institute-funded PRECISIONS study, which is
testing a potential new treatment and aims to identify
genetic variants for certain forms of PF, has moved ahead
notwithstanding the challenges posed by the COVID-19
pandemic. Given the grim prognosis for most PF patients, the
agreement also recognizes the critical need for other areas
of research, particularly on common fibrosis pathways, as
well as patient-centered clinical research. With additional
resources and focus, additional disease mechanisms can be
identified, which would allow for enhanced patient-centered
care for all of those affected by PF. The agreement requests
an update in the fiscal year 2023 Congressional
Justification.
Pulmonary Hypertension.--The agreement encourages NHLBI to
continue supporting research into this devastating condition
and work with stakeholders to advance priorities such as
better understanding disease progression and the relationship
to COVID-19, and improving patient care management and
clinical outcomes.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH (NIDCR)
National Dental Practice-Based Research Network (NDPBRN).--
The agreement recommends that the NIDCR continues funding
support of NDPBRN.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
(NIDDK)
Type 1 Diabetes.--Given the growing prevalence of diabetes,
the agreement is concerned that additional research is needed
to determine how to improve the treatment of diabetic foot
ulcers to reduce amputations, and urges NIDDK to support such
efforts. Further, given the aging population, the agreement
urges NIDDK to work with NIA to explore the relationship
between diabetes and neurocognitive conditions, such as
dementia and Alzheimer's disease.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS)
Frontotemporal Degeneration Research (FTD).--The agreement
encourages NIH to continue to support a multi-site network of
clinical centers to study genetic and sporadic cases of FTD
and maintain progress toward biomarker discovery and drug
development in clinical trials. To maximize the value of
public investment in these projects and other research, the
agreement encourages NIH to improve the secure sharing of
data and biological samples from clinical and research
settings in a uniform manner, making sure to include all
forms of dementia, as different dementias can have similar
root causes and pathologies. Development of a data biosphere
that supports broad sharing of datasets will enable the
broader community of researchers to bring their expertise to
bear on the challenges currently confronting Alzheimer's
disease and related dementia disorders. The agreement also
urges NIH to support efforts to ensure that federally funded
dementia research will benefit all families impacted by FTD
and other neurodegenerative diseases, regardless of age,
racial, ethnic, cultural, socioeconomic, and geographic
background.
Opioids, Stimulants, and Pain Management.--The agreement
includes no less than the fiscal year 2021 level for the HEAL
Initiative.
Pain and Addiction Collaborative Research.--The agreement
recommends that NIH encourage collaborative research awards
through NINDS and the NIDA for pain and addiction treatment
and research.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)
Cellular Immunity.--The agreement supports NIAID advancing
efforts to incorporate cell-mediated immunity assessment into
the wide range of intramural and extramural COVID-19 studies
conducted and supported by NIH, including but not limited to
vaccine schedule studies and understanding post-acute
sequalae of SARS-CoV-2 infection.
Centers for AIDS Research.--The agreement includes
$71,000,000, an increase of $10,000,000, for this activity as
part of the Ending the HIV Epidemic initiative.
Consortium of Food Allergy Research (CoFAR).--The agreement
includes $9,100,000, an increase of $3,000,000, for CoFAR to
expand its clinical research network to add new centers of
excellence in food allergy clinical care and to select such
centers from those with proven expertise in food allergy
research.
Herpes Simplex Virus.--The agreement is concerned with the
correlation between Herpes Simplex Virus and cognitive
decline, including a growing body of research indicating HSV
as a contributing factor to Alzheimer's disease,
Encephalitis, and Bell's Palsy, among other neurodegenerative
diseases. The agreement encourages NIAID to prioritize
research and development of curative approaches to Herpes
Simplex Virus.
Lyme Disease and Other Tick-Borne Diseases.--The agreement
includes a $18,000,000 increase for Lyme Disease and other
tick-borne illnesses research. The agreement encourages NIAID
to use these funds to prioritize the support of meritorious
research that informs a better understanding of Lyme disease
pathogenesis and encourages the development of improved
diagnostics and vaccines. The agreement directs NIH to
leverage this understanding to develop new tools that can
more effectively prevent, diagnose, and treat Lyme disease,
including long-term effects, and other tick-borne diseases.
The agreement encourages the promotion and development of
potential vaccine candidates for Lyme disease and other tick-
borne diseases. The agreement directs NIH to conduct research
to better understand modes of transmission for Lyme and other
tick-borne diseases, including vertical transmission. The
agreement urges NIH to incentivize new investigators to enter
the field of Lyme disease and other tick-borne disease
research. The agreement directs NIH to coordinate with CDC on
publishing reports that assess diagnostic advancements,
methods for prevention, the state of treatment, and links
between tick-borne disease and psychiatric illnesses.
Regional Biocontainment Laboratories (RBL).--The agreement
directs $52,000,000 to be evenly divided among the 12 RBLs to
support efforts to prevent, prepare for, and respond to
infectious disease outbreaks, including, but not limited to:
(1) conducting research on developing testing for antiviral
compounds, new vaccines, and point of care tests; (2)
conducting research on validating methods for identifying
suitable convalescent plasma for screening donors and other
prophylactic methods to prevent infections; (3) supporting
operations costs and facilities upgrades for purchase of
equipment to speed drug discovery and testing; and (4)
training new researchers in biosafety level 3 practices.
Responding to Infectious Diseases.--The agreement provides
no less than $540,000,000, an increase of $15,000,000, to
support NIAID research to combat antimicrobial resistance
(AMR) and the training of new investigators to improve AMR
research capacity as outlined in the 2020-2025 National
Action Plan to Combat Antibiotic-Resistant Bacteria. The
agreement directs NIAID to work with other HHS agencies to
provide the briefing described under the section of the
explanatory statement dealing with the Office of the
Secretary. In addition, NIAID should describe the focus of
its initiatives to strengthen and diversify the ID/HIV
research workforce for fiscal years 2022-2023.
SARS-CoV-2-Immunity: Understanding Diversity and Addressing
Disparity.--The agreement includes $5,000,000 to engage with
not-for-profit research institutes and/or academic
institutions to undertake a series of deep immune profiling
studies of individuals who acquired the SARS-CoV-2 virus in
these underserved and understudied population communities
with the intent of demonstrating a proven pipeline to
ascertain immune dysfunction and outcomes applicable to any
human condition or population.
Universal Flu Vaccine.--The agreement provides not less
than $245,000,000, an increase of $25,000,000, for research
to develop a universal influenza vaccine.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)
Increasing Diversity in Biomedical Research.--The agreement
provides an increase of $6,359,000 for NIGMS for programs,
including but not limited to the Maximizing Opportunities for
Scientific and Academic Independent Careers, Minority Access
to Research Careers, Bridges to the Baccalaureate,
Undergraduate Research Training Initiative for Student
Enhancement, and the new programs under development,
including the Advancing Research Careers diversity program
for PhD to postdoctoral transitions and the Diversity Medical
Science Training Program, that train the next generation of
scientists while enhancing the diversity of the biomedical
research workforce and enabling promising scientists to
pursue high-risk, high-reward research.
Institutional Development Awards (IDeA).--The agreement
provides $410,453,000, an increase of $13,384,000, for the
IDeA program.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT (NICHD)
Impact of COVID-19 on Children.--The agreement includes an
increase of $7,500,000 for NICHD to support additional
research into multisystem inflammatory syndrome in children
(MIS-C) and other ways in which COVID-19 affects children.
Implementing a Maternal Health and Pregnancy Outcomes
Vision for Everyone (IMPROVE) Initiative.--The agreement
includes $43,400,000, an increase of $30,000,000, for the
IMPROVE Initiative.
Physical Activity Promotion and Obesity Prevention for
Preschool Children.--The agreement encourages NIH to support
research to identify sustainable physical activity
interventions for preschool children.
Research in Pregnant and Lactating Women.--The agreement
includes $1,500,000
[[Page H2676]]
within NICHD to contract with the National Academies of
Science, Education, and Medicine (NASEM) to convene a panel
with specific legal, ethical, regulatory, and policy
expertise to develop a framework for addressing medicolegal
and liability issues when planning or conducting research
specific to pregnant people and lactating people.
Specifically, this panel should include individuals with
ethical and legal expertise in clinical trials and research;
regulatory expertise; plaintiffs' attorneys; pharmaceutical
representatives with tort liability and research expertise;
insurance industry representatives; Federally funded
researchers who work with pregnant and lactating women;
representatives of institutional review boards; and health
policy experts.
NATIONAL INSTITUTE ON AGING (NIA)
Addressing Participant Diversity in Clinical Trials.--The
agreement encourages NIH to establish an operating efficiency
working group to conduct an assessment of NIA's internal
infrastructure needs related to research operations,
recruitment and engagement--with an emphasis on
underrepresented communities--and report back to the
Committees within 180 days of enactment of this Act. This
review should assess gaps related to the infrastructure
needed to ensure its Federally-funded clinical trials are
well-designed and accessible to underrepresented communities
at greatest risk of Alzheimer's disease and related dementias
and outline the resources needed to address identified gaps,
including the appropriate staffing levels needed to support
research optimization, grant oversight, and compliance.
Alzheimer's Disease and Related Dementias.--The agreement
provides an increase of $289,000,000. Within 30 days of
release of the fiscal year 2023 budget, NIA is directed to
provide the Committees a summary of specific accomplishments
it has achieved in ADRD research and its priorities for the
coming year. These will focus on specific scientific
questions NIA has answered in the past year, expects to
answer in the next two years, and would use the funding
requested in fiscal year 2023 to answer in its pursuit of
treatments and a cure. NIA is directed to provide similar
specific details to the Committees within 60 days of
enactment of this Act for its fiscal year 2023 Professional
Judgement Budget that it released in August 2021, and in
future Professional Judgement Budgets. The agreement requests
the NASEM to brief the Committees within 60 days of enactment
of this Act on the resources it could bring to support
efforts to identify and pursue the most promising areas of
research into preventing and treating ADRD.
Center on Exposome Studies in Alzheimer's Disease and
Related Dementias (ADRD).-- The agreement directs NIA to
establish research infrastructure in the form of a Center(s)
on Exposome Studies in ADRD, as described in House Report
117-96, and includes $15,000,000 to facilitate these efforts.
NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)
E-cigarettes.--The agreement encourages NIDA to conduct
interdisciplinary research on the relationship between the
vaping of tobacco and marijuana, with an emphasis on risk
perceptions, decision-making and neuroscience. NIDA is also
encouraged to support targeted research on the use and
consequences of e-cigarettes in pediatric populations.
Opioids, Stimulants, and Pain Management.--The agreement
includes no less than $345,295,000 for the HEAL Initiative.
Medication-assisted Treatment for Methamphetamines.--While
there are currently approved medications for alcohol and
opioid addiction, there remains no FDA-approved medication
for methamphetamine addiction. The agreement urges NIDA to
continue their ongoing trials to expeditiously find and
approve a treatment for methamphetamine.
Methamphetamine and Other Stimulants.--The agreement
encourages NIDA to examine the cardiovascular effects of
methamphetamine misuse and implications for treatment, and to
partner with institutions in areas with higher numbers of
methamphetamine-related deaths compared to opioid-related
deaths and that have demonstrated research expertise in
methamphetamine and cardiovascular diseases.
Overdose Prevention Centers.--The agreement acknowledges
the controversial nature of Overdose Prevention Centers and
encourages NIDA to support research on the potential public
health impacts of these centers.
Pain and Addiction Collaborative Research.--The agreement
recommends that the NIH encourage collaborative research
awards through NINDS and the NIDA for pain and addiction
treatment and research.
NATIONAL INSTITUTE OF MENTAL HEALTH (NIMH)
Impact of COVID on Mental Health.--The agreement includes
an increase of $20,000,000 for NIMH to expand research on the
impact of the COVID 19 pandemic on mental health.
Veteran Suicide Prevention.--The agreement is aware of NIMH
collaborations with the Department of Veterans Affairs (VA)
and the Department of Defense (DoD) to strategically plan and
coordinate research particularly around the area of suicide.
The agreement encourages NIMH to continue to support research
related to veteran suicide in the context of the NIMH suicide
prevention portfolio, and to work with VA and DoD to identify
gaps or opportunities where NIMH research may enhance suicide
mitigation efforts for this at-risk population.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE (NHGRI)
Data-sharing and Privacy.--The agreement encourages NIH to
convene a working group to determine whether there are
national security risks associated with potential
collaborations where individually identifiable health
information of the people of the U.S. is exchanged. This
working group should evaluate what types of data sharing
could pose a national security risk among private, public,
and academic institutions that partake in science and
technology research and their research partners, with a focus
on international partners. This should include a review of
what circumstances would constitute a sharing of data and
make recommendations regarding areas where Federal agencies
can coordinate to increase education to such private and
academic research institutions that partake in science and
technology research to ensure the institutions can better
protect themselves from national security threats with a
strengthened understanding of intellectual property rights,
research ethics, data misuse, as well as education on how to
recognize and report such threats.
Emerging Centers of Excellence in Genomic Sciences.--The
agreement includes no less than $15,000,000 for this activity
as described in House Report 117-96.
Germline RUNX1 Mutations.--The agreement commends NHGRI for
collaborating with NCI to launch and maintain the RUNX1--FPD
Clinical Research Study, the only longitudinal natural
history study of patients with germline RUNX1 mutations and
their families. This study has broad implications for the
fields of hematology and oncology because it offers
researchers the rare opportunity to monitor the genomic
evolution of cancer within a precancerous population in real
time. The agreement urges NHGRI to provide additional
resources for the study to allow more patients to
participate. In addition, the agreement encourages NHGRI to
continue to work towards implementation of an open-source
database to share data in real-time for the benefit of the
entire research community and the patients and their families
searching for answers.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH (NCCIH)
Creative Arts Therapy.--The agreement recognizes the
potential of creative art therapies as tools to address
disorders of aging. However, clinical studies on these
applications either have been limited in scale, not designed
within a scientific and statistically significant framework,
or produced only anecdotal results. The Trans-NIH Music and
Health Work Group is currently developing a toolkit to
improve future clinical trials for music-based interventions
to treat and prevent disorders of aging. NCCIH is directed to
provide the Committees with a report within 180 days of
enactment of this Act on the progress of the toolkit's
development and any plans for pilot projects to test and
refine the toolkit, including future funding needs.
Pain and Pain Management Research.--The agreement urges
NIH, along with DoD and VA, to continue to support research
on non-pharmacological treatments for pain management and
comorbidities including opioid abuse and disorders in
military personnel, veterans, and their families. The
agreement urges the NIH, VA, and DOD to expand research on
non-pharmacological treatments to ensure the best quality of
care for veterans and service members. The Comprehensive
Addiction and Recovery Act (P.L. 114-198) calls for an
expansion of research and education on and delivery of
complimentary and integrative health to veterans, and the
NCCIH can play an important role in coordinating efforts with
the VA, DOD, and other relevant agencies.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD)
Cardiovascular Disease (CVD).--CVD, including heart disease
and stroke, is the leading cause of death in the U.S. and
worldwide, disproportionally affecting minority populations,
and accounting for approximately 1 in 3 CVD events in U.S.
adults. The agreement encourages NIMHD to focus funding on
reducing disparities in CVD in African Americans from the
rural South and among poor people, where the burden is
significant.
Chronic Diseases and Health Disparities.--In fiscal year
2021, NIMHD undertook an initiative to support regional
comprehensive research and coordinating centers on the
prevention, treatment, and management of multiple chronic
diseases associated with health disparities. The agreement
remains strongly supportive of this effort and includes
sufficient funding for NIMHD to continue this effort in
fiscal year 2022.
Health Disparities Research.--The agreement includes an
increase of $50,000,000 for NIMHD to support research related
to identifying and reducing health disparities.
Research Centers in Minority Institutions.--The agreement
recognizes the importance of the RCMI Research Coordination
Network in ensuring that collectively, institutions can
engage in multi-site collaborative research, and provides
$5,000,000 for this activity.
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS)
Advanced Genomic Technologies.--The agreement strongly
supports NCATS, in collaboration with the NIH All of Us
Research Program, continuing to apply and evaluate advanced
genomic technologies, specifically long-read genome
sequencing. Collaboration with multiple entities including
research institutes with expertise in the application of
[[Page H2677]]
short-read sequencing in rare genetic disorders and depth of
experience with long-read sequencing; academic and clinical
institutions with the capability to identify and include
family units to participate in this effort; and clinical
geneticists with extensive experience in variant
identification and analysis is strongly encouraged. Special
emphasis should be placed on the inclusion of minority
populations.
Clinical and Translational Science Awards (CTSAs).--The
agreement includes $606,646,000 for the CTSA program, an
increase of $19,805,000 above the fiscal year 2021 enacted
level. The agreement maintains its strong support for the
CTSA program and commends the national network for their
efforts to modernize the translation of research into health
benefits across the full spectrum of medical research, for
their contributions to the COVID-19 response, and for
addressing health disparities, health equity, and enhancing
rural care. The agreement is concerned the recent CTSA
Funding Opportunity Announcement (FOA) could alter the CTSA's
strategic direction and divert appropriated resources
intended for CTSA hubs. Resources provided by the agreement
are intended to enhance funding for hubs, thus bolstering the
national network. Therefore, NCATS is directed to ensure that
any CTSA hub that has successfully recompeted through the new
FOA does not receive more than a 5 percent reduction in total
annual support for its core hub responsibilities. In
addition, the agreement directs that all CTSA hub partner
organizations that contribute key resources and expertise to
a CTSA hub's translational work should continue to be treated
as full partners, including treatment of their entire NIH
research enterprises in the calculation of hub budgets. This
will support local CTSA hubs and maintain collaborations with
community organizations and research and academic partners
that expand the full spectrum of research and translation,
and foster innovation. Further, the agreement strongly
encourages NCATS to fund expanded programs that address the
significant disparities and burden of disease
disproportionally affecting minority and special populations
and to substantively respond. Finally, the agreement
reiterates previous direction that NCATS inform the
Committees prior to any planned changes to the size of hub
awards, scope of the program, or strategic changes to the
program, specifically noting that the Committees shall be
consulted prior to any new CTSA initiatives being
implemented.
Cures Acceleration Network (CAN).--The agreement continues
its support for CAN to further reduce barriers between
research discovery and clinical trials at $60,000,000, the
same as the fiscal year 2021 enacted level. The agreement
urges NCATS to consider supporting activities within CAN and
other NCATS' offices or divisions that focus on precision
medicine--from precision prevention, to precision diagnosis,
to precision therapeutics. Activities should also include the
ability to generate the data to demonstrate the efficacy and
cost effectiveness of precision medicine.
Full Spectrum of Medical Research.--The agreement supports
NIH's efforts to advance the full spectrum of medical
research, which ensures breakthroughs in basic science are
translated into therapies and diagnostic tools that benefit
patient care while disseminating cutting-edge information to
the professional community. The agreement notes the
importance of flagship initiatives, including CTSAs, to these
important efforts.
OFFICE OF THE DIRECTOR (OD)
All of Us Research Program/Precision Medicine Initiative.--
The agreement provides a total of $541,000,000 for the All of
US precision medicine initiative, $41,000,000 above the
fiscal year 2021 enacted level. The agreement directs NIH to
continue its efforts to recruit and retain participants from
historically underrepresented populations in biomedical
research, and to expand its efforts to enroll participants
from geographically diverse communities. To achieve this
diversity, NIH is encouraged to support additional avenues
for enrollment from the Midwest and Great Plains regions that
facilitate participation from both rural and urban
communities. These efforts will help ensure that All of Us
scientific resources reflect the rich diversity of our
country and that advances made from this program will benefit
the health of all Americans.
Alternatives to Animals in Research and Testing.--The
agreement directs NIH to submit a report not later than 180
days after enactment of this Act on the programs to support
the use of alternatives to animals in research, including:
(1) what programs currently exist at NIH for developing,
promoting, and funding alternatives to animal research and
testing; and (2) a plan for including the reduction, where
possible and appropriate, the number of animals used in
Federally-funded research and testing.
Alzheimer's Disease and Dementia Screening Tools.--The
agreement urges NIH to update its analysis of validated
screening tools, including digital screening tools that can
reliably detect mild cognitive impairment. This review should
focus on identifying tools that have been developed in the
time since the last assessment was conducted and on providing
information to assist healthcare providers in regularly using
such tools to assess the cognitive health of their patients.
Amyotrophic Lateral Sclerosis (ALS).--The agreement is
aware of the significant need to expand scientific
understanding of ALS and to translate the science more
rapidly into effective treatments that can make ALS a livable
disease. To achieve these outcomes as soon as possible, the
agreement includes $25,000,000 to implement the Accelerating
Access to Critical Therapies for ALS Act (P.L. 117-79). The
agreement directs NIH to organize a trans-agency initiative
to develop an ALS research strategic plan, as described in
House Report 117-96. The agreement strongly supports the
Transformative Research Award program for ALS and directs the
Director to continue to fund this critical initiative in
fiscal year 2022. Finally, the agreement includes $1,000,000
to commission a study by NASEM to identify and recommend
actions for the public, private, and nonprofit sectors to
undertake to make ALS a livable disease within a decade.
Animal Model Validation.--The agreement encourages NIH to
provide a report to the Committees no later than one year
after enactment outlining the progress of its efforts to
improve animal model validation, support the development of
models to improve translation, and what additional funding
may be required.
Analyzing Sex and Race/Ethnicity Differences and Long-Term
Health Effects of COVID-19.--To better understand how sex
differences and race/ethnicity variables are implicated in
the severity of the COVID-19 pandemic, the agreement
encourages the ICs in coordination with the OD and Office of
Research on Women's Health to support research that studies
how sex as a biological variable and social element, and
race/ethnicity variables impact short and long-term outcomes
due to infection with SARS-CoV-2.
Artificial Intelligence/Big Data.--The agreement directs
NIH to develop best practices to standardize controlled data
access processes. Such an effort will streamline access,
support the emerging NIH data science infrastructure, and
meet the needs of the research community while preserving the
original protections agreed to when the data were collected,
taking into account potential cost and burden. It should
consider lessons learned from past efforts, review emerging
processes and technologies being piloted by ICO repositories,
and develop new potential solutions that leverage
technological advancements. The agreement directs NIH, within
one year after enactment of this Act, to develop and present
recommendations for: potential common solutions for
streamlining and centralizing controlled access mechanisms
through implementation improvements and use of emerging
technological advancements; make controlled access data
stored in NIH-operated and supported repositories more
findable and accessible; and assess the extent to which
increased interoperability of controlled access repositories
leads inadvertently to gaps in oversight and control,
including explicit consideration of increased re-
identification risk. The agreement directs ODSS and NLS to
continue to provide quarterly updates to the Committees on
its efforts.
Biomedical Research Facilities.--The agreement provides
$60,000,000 for grants to public and/or not-for-profit
entities to expand, remodel, renovate, or alter existing
research facilities or construct new research facilities as
authorized under 42 U.S.C. section 283k.
BRAIN Initiative.--Overall, the agreement provides
$620,000,000 for the BRAIN Initiative, including $152,000,000
authorized in the Cures Act. The overall funding level
includes $70,000,000 for the Human Brain Cell Atlas;
$30,000,000 for the Armamentarium for Brain Cell Access; and
$10,000,000 for the Brain Connectivity Map.
Building Diversity in Cell Models of Human Disease.--The
agreement encourages NIH to consider funding the development
of a specialized suite of ethnically diverse and tissue-
specific cell lines with structures labeled for studying
disease mechanism and detection. If funded, the originating
cells should be collected from volunteers in a culturally
sensitive manner who have consented to allow for derivation
of cell line(s), distribution, and use. NIH should consider
collaborating with experienced research community leaders in
building cell line collections that are publicly accessible.
Cerebral Palsy.--The agreement strongly encourages NIH to
strengthen, accelerate, and coordinate cerebral palsy
research across the lifespan, including in areas identified
as priorities in the 2017 NINDS/NICHD Strategic Plan for CP
Research, such as basic and translational discoveries,
including neuroprotective, regenerative medicine and
mechanisms of neuroplasticity, as well as studies aimed at
early detection and intervention, comparative effectiveness
and functional outcomes. The agreement encourages that a
follow-up workshop be held in 2022 in conjunction with key
stakeholders to provide updates on promising research to
refine the specific opportunities that were identified in the
5 to 10 year NIH strategic plan, including early detection
and intervention.
Chimera Research.--The agreement supports NIH's funding
limitation regarding the introduction of human pluripotent
cells into non-human vertebrate animal pre-gastrulation stage
embryos. The agreement takes seriously the bio-ethical
considerations regarding the creation of human-animal
chimeras and the continuation of research using these cells.
Collection and Reporting of Animal Research Numbers and
Agency Funding.--The agreement recognizes that Congress has
expressed an interest in reducing the use of nonhuman
[[Page H2678]]
animals in NIH-funded research and replacing animals with
valid and reliable non-animal alternatives when appropriate
for the science. In the National Institutes of Health
Revitalization Act of 1993, Congress first requested that the
agency create a plan for doing so. The agreement also
recognizes the scientific community's stated commitment to
the ``three Rs'' of replacement, reduction, and refinement.
Integral to that commitment are the accurate counting of
animals used in research and testing and the accurate
reporting of NIH funding dedicated to projects involving
animals. The agreement recognizes that it has been NIH's
policy since 1985 to collect an ``average daily inventory''
of vertebrate animals housed in research facilities that wish
to receive agency funding. The agreement understands that
domestic facilities are required to file such documentation
every four years as part of an Animal Welfare Assurance and
that copies of the documents are available to the public only
through Freedom of Information Act requests. The agreement
requests a report from NIH within one year of enactment of
this Act outlining a plan for collaborating with USDA to
increase the accuracy and transparency of the data collected.
The plan should also include details on how NIH will address
any incomplete reporting of NIH funded research with animals
and encourage prospective documentation of study design and
analysis plans.
Communications with the Committees.--NIH shall consult with
the Committees prior to additional changes with the
Congressional liaison staff. NIH shall notify the Committees
of any limitations to full compliance with directives
included in a report or explanatory statement, and such
notification shall be provided within 15 days of the public
release of any such report or statement. In addition, NIH is
directed to provide an Excel spreadsheet with the fiscal year
2022 enacted level and the fiscal year 2023 request level by
Institute and Center, including all ongoing or proposed
initiatives by Institute or Center, as well as any programs
identified with a funding level in the fiscal year 2022
explanatory statement, when the fiscal year 2023
Congressional Justification is published.
Cybersecurity.--The agreement includes an increase of
$40,000,000 to strengthen cybersecurity at NIH.
Diversity of the Biomedical Research Workforce.--The
agreement directs NIH to study, to the extent possible, the
race, ethnicity, age, disability status, and career stage
breakdown of the impact of COVID-19 on participation in the
workforce by monitoring the types of awards received from and
awarded to institutions for 2 years beginning 90 days after
enactment of this Act. If pre-pandemic data on these
demographics are not available, the agreement directs the NIH
to collect them going forward. If the data demonstrate that
fewer women are applying for grants, then it is imperative
that NIH take steps to address this disparity. The agreement
requests a status update to the Committees from NIH on this
research in the fiscal year 2023 Congressional Justification,
as well as the steps being taken to maintain the diversity of
the research workforce.
Dual Purpose/Dual Benefit Research.--The agreement strongly
urges a continued partnership between NIH, National Institute
of Food and Agriculture, and the other relevant 115 Federal
research and development agencies to develop a next
generation interagency program using agriculturally important
large animal species. The agreement expects NIH to continue
this important cooperative partnership program to further
strengthen ties between human medicine, veterinary medicine,
and animal sciences, with the goal to improve animal and
human health and provide enhanced applicability and return on
investment in research.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
directs the Attorney General to ensure implementation of
evidence-based training programs on de-escalation and the
use-of-force, as well as on police community relations, and
the protection of civil rights, that are broadly applicable
and scalable to all Federal law enforcement agencies. The
agreement further notes that several agencies funded by this
Act employ Federal law enforcement officers and are Federal
Law Enforcement Training Centers partner organizations. The
agreement directs such agencies to consult with the Attorney
General regarding the implementation of these programs for
their law enforcement officers. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations on their efforts relating to such
implementation no later than 180 days after consultation with
the Attorney General. In addition, the agreement directs such
agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of
this Act, on their efforts to so participate.
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000, the same level as fiscal year
2021, to conduct research on firearm injury and mortality
prevention. Given violence and suicide have a number of
causes, the agreement recommends NIH take a comprehensive
approach to studying these underlying causes and evidence-
based methods of prevention of injury, including crime
prevention. All grantees under this section will be required
to fulfill requirements around open data, open code, pre-
registration of research projects, and open access to
research articles consistent with the National Science
Foundation's open science principles. The Director is to
report to the Committees within 30 days of enactment of this
Act on implementation schedules and procedures for grant
awards, which strive to ensure that such awards support
ideologically and politically unbiased research projects.
Foreign Influence.--To support NIH's efforts to
expeditiously complete foreign influence investigations, the
agreement includes $2,500,000 for this activity within the
Office of Extramural Research. The agreement directs NIH to
provide biannual briefings on the progress of these
investigations.
Humane Research Alternatives.--Recognizing that humane,
cost-effective, and scientifically suitable non-animal
methods are available for certain research models, the
agreement directs NIH to appoint a working group to make
recommendations for encouraging the use of non-animal models
where appropriate in NIH intramural and extramural research,
including epidemiological and clinical studies, cell-based
methods, computer modeling and simulation, and human tissue
studies, with consideration for complexity of the biomedical
research area, and the current applicability and
translatability of the non-animal model. The panel should
also report on effectively moving research away from methods
that rely on poorly-defined animal models to methods that
rely on validated non-animal alternatives. The working group
should review and recommend means of encouraging greater
reliance on validated human-relevant non-animal methods/
approaches that are appropriate for identified research
areas. Membership should include individuals with proven
knowledge of/experience with non-animal research methods;
with proven knowledge of/expertise with animal research
models; with expertise in evaluating the adequacy of
justifications described in research applications and
proposals for why the research goals cannot be accomplished
using an alternative model; and with knowledge of research
animal welfare, and relevant scientific limitations. The
Committee asks that NIH provide a report of the working
group's findings within 180 days of enactment of this Act.
IDeA States Pediatric Clinical Trials Network.--The
agreement includes no less than the fiscal year 2021 funding
level to continue this program.
INCLUDE Initiative.--The agreement includes no less than
$75,000,000, an increase of $10,000,000 above the fiscal year
2021 enacted level, within OD for the INCLUDE Initiative. The
agreement is pleased that this multi-year, trans-NIH research
initiative has enabled significant advances in understanding
immune system dysregulation, new research into the connection
with Alzheimer's disease, and the creation of national Data
Coordinating Center, all of which may dramatically improve
the health and quality of life of individuals with Down
syndrome as well as millions of typical individuals. The
agreement encourages NIH to pursue some of the most neglected
areas of research and care such as health disparities for
African Americans with Down syndrome, mosaic Down syndrome,
those with the dual diagnosis of Down syndrome and autism,
and new studies on metabolic dysregulation. The agreement
requests the Director provide an updated plan within 60 days
of enactment of this Act that includes a timeline,
description of potential grant opportunities and deadlines
for all expected funding opportunities so that young
investigators and new research institutions may be further
encouraged to explore research in this space. This plan
should also incorporate and increase pipeline research
initiatives specific to Down syndrome.
Long Haul COVID-19.--The agreement directs NIH to post on
its website a summary of the status of the RECOVER Initiative
at least every 6 months and, as appropriate, any findings
from the study.
Chimpanzee Maintenance, Care, and Transportation.--The
agreement directs NIH to provide a report to the Committees
quarterly, beginning no later than June 1, 2022, that shall
include: (1) the number of chimpanzees transported to the
national sanctuary over the last quarter; (2) a census of all
government-owned and supported chimpanzees, remaining, if
any, at the Alamogordo Primate Facility (APF), the Keeling
Center for Comparative Medicine and Research (KCCMR), or the
Southwest National Primate Research Center (SNPRC); and (3) a
list of any chimpanzee deaths, including details on the cause
of death and the specific rationale behind any euthanasia
decisions, that have occurred at any time after January 1,
2020, at APF, KCCMR, SNPRC, and the national sanctuary
system.
Mucopolysaccharide (MPS) Diseases.--The agreement
encourages expanded research of treatments for neurological,
inflammatory, cardiovascular, and skeletal manifestations of
MPS, with an emphasis on gene therapy. The agreement
encourages the NIH, NCATS, and NINDS to increase funding to
grantees to incentivize MPS research, particularly given the
aging and small population of current researchers.
Office of AIDS Research.--The agreement includes no less
than $3,194,000,000 across NIH for HIV/AIDS research.
Office of Behavioral and Social Sciences Research
(OBSSR).--The agreement includes $38,932,000 for OBSSR.
[[Page H2679]]
Office of Research on Women's Health (ORWH).--The agreement
includes $59,480,000 for ORWH. Within this amount, the
agreement includes $4,000,000 for the Building
Interdisciplinary Research Careers in Women's Health (BIRCWH)
program to fund additional BIRCWH fellows at existing sites
with a goal of increasing the diversity of the scholars,
sites, and research areas supported by the program, and to
expand the number of sites to increase the number and skills
of investigators who conduct research on sex influences on
health and disease.
Office of the Chief Officer for Scientific Workforce
Diversity (COSWD).--The agreement includes $16,190,000 to the
Office of the COSWD.
Osteopathic Medical Schools.--The agreement recognizes that
increased access to research funding for the osteopathic
profession will significantly bolster NIH's capacity to
support robust recovery from the COVID-19 pandemic, address
health disparities in rural and medically-underserved
populations, and advance research in primary care,
prevention, and treatment. The agreement requests an update
on the current status of NIH funding to colleges of
osteopathic medicine and representation of doctors of
osteopathic medicine on NIH National Advisory Councils and
standing study sections in the fiscal year 2023 Congressional
Justification.
Pediatric Clinical Trials Authorized under Best
Pharmaceuticals for Children Act.--The agreement directs that
funding authorized by the Best Pharmaceuticals for Children
Act (P.L. 107-109) include research to prepare for and
conduct clinical trials.
Postural Orthostatic Tachycardia Syndrome (POTS).--
Approximately one-third of individuals infected with SARS-
CoV-2 are developing long-lasting symptoms referred to as
post-acute sequelae of SARS-CoV-2 (PASC). A significant
portion of individuals with PASC experience moderate to
severe autonomic nervous system dysfunction 6 months after
the onset of infection. Reports suggest that the most common
type of autonomic nervous system dysfunction in PASC patients
is POTS. There are no FDA approved treatments for POTS or
PASC associated autonomic nervous system dysfunction at this
time, and patients suffer with significant disability and a
poor quality-of-life. The agreement encourages NIH to ensure
that the $1,150,000,000 investment Congress has provided to
NIH for PASC research is used, in part, to identify how
viruses like SARS-CoV-2 result in autonomic nervous system
dysfunction, such as POTS, and how we can most effectively
treat PASC associated autonomic nervous system dysfunction,
including PASC associated POTS. The agreement encourages NIH
to leverage the expertise of research centers that have
previously studied post-viral POTS in pursuing these
important research questions.
Prenatal Opioid Use Disorders and Neonatal Abstinence
Syndrome (NAS).--The agreement encourages NIH to coordinate
with other agencies at HHS to support additional research on
prevention, identification, and treatment of prenatal opioid
exposure and NAS, including the best methods for screening
and treating pregnant women for opioid use disorder and the
best methods for screening for NAS. Additionally, the
agreement encourages NIH to build on the ACT NOW study to
enhance understanding of the impact of pharmacological and
non-pharmacological treatment techniques on costs and
outcomes in the short-term and longitudinally. The agreement
further encourages NIH to coordinate with other agencies at
HHS to support research on innovative care models to optimize
care and long-term outcomes for families.
Preventing Chronic Disease in Rural Areas.--The agreement
urges NIH support research to improve outcomes for rural
patients with chronic illnesses and improve abilities of
families of these patients to support their treatments.
Radiopharmaceuticals.--The agreement encourages NIH to
explore the use of new isotopes and novel applications for
radiopharmaceuticals and leverage next-generation advanced
manufacturing techniques for isotope production being made by
DOE-funded research universities and National Laboratories.
Rare Disease Research.--The agreement urges NIH to expand
research on rare genetic and chromosomal abnormalities, such
as 7q11.23 Duplication Syndrome and Hereditary Spastic
Paraparesis 49. The agreement requests an update on these
activities in the fiscal year 2023 Congressional
Justification.
Research Involving Enhanced Potential Pandemic Pathogens.--
The agreement supports a robust evaluation of whether the HHS
Framework for Guiding Funding Decisions about Proposed
Research Involving Enhanced Potential Pandemic Pathogen Care
and Oversight has achieved its intended purpose and whether
the scope of research it covers is sufficient. The agreement
directs HHS and NIH to convene the National Science Advisory
Board for Biosecurity and conduct such a review.
State of Bereavement Care.--The agreement is aware of
research indicating that individuals and families suffer
severe health, social, and economic declines following the
death of a loved one-be it a child, sibling, spouse, or
parent. The agreement encourages OMH, ACF, CDC, CMS, HRSA,
IHS, NIH, and SAMHSA to examine their activities to advance
bereavement care for families, including prevalence of
bereavement events and the details of those events (what
relationships are impacted, how the loved one died and at
what age), risk factors and associated health events or
outcomes, biological or physiological changes in wellbeing,
and what interventions, or programs could help functional
coping or adaptive processing.
Strategic Plan.--The agreement recognizes that NIH should
carefully consider national security considerations when
developing and executing their NIH-wide Strategic Plan.
Temporomandibular Disorders (TMD).--The agreement strongly
encourages OD to establish a National Collaborative Research
Consortium for TMDs to coordinate, fund, and translate basic
and clinical research. Research priorities may include
improvements to clinical outcomes; facial pain and sex
factors; population-based research to further understand the
burden and costs of TMDs; comparative effectiveness research
on TMD treatments; and artificial intelligence and novel data
approaches.
Trans-NIH Pediatric Research Consortium (N-PeRC).--The
agreement requests a report within 180 days after enactment
of this act on how N-PeRC plans to support studies of the
physical, mental and behavioral health impacts of COVID-19 on
children, including multisystem inflammatory syndrome in
children, as well as plans for N-PeRC's focus over the coming
3 years.
Tribal Health Research Office.--The agreement recognizes
the important work of the Tribal Health Research Office, but
is concerned that no such analogous office exists to support
Native Hawaiians (NH). The agreement encourages OD, in
coordination with NIMHD and other ICs, to prioritize
addressing the research needs of NH and to partner with
entities with a proven track record of working closely with
NH communities and organizations, which will allow for the
development of NH researchers.
Tuberous Sclerosis Complex (TSC).--The agreement
acknowledges NIH's updated 2016 TSC Research Plan and
progress advancing the plan. NIH should encourage research
opportunities in the five key areas prioritized by workshop
participants. Because TSC impacts multiple organ systems, the
agreement encourages the Director to coordinate the
participation of ICs on a research strategy aimed at
addressing the medical and neuropsychological burdens
associated with TSC while deciphering the biology underlying
phenotypic heterogeneity. The agreement encourages NICHD to
facilitate development of a viable newborn screening assay
for TSC. The agreement encourages the Director to apply
recommendations from the 2017 Neurodevelopmental Disorders
Biomarkers Workshop to take advantage of biomarker expertise
and lessons learned across disease groups, the 2018
Accelerating the Development of Therapies for Anti-
Epileptogenesis and Disease Modification workshop for which
TSC is a model disorder given the ability to diagnose TSC
prior to onset of epilepsy, and the 2020 Curing the
Epilepsies workshop which highlighted TSC as one of the best
opportunities to prevent epilepsy.
BUILDINGS AND FACILITIES
The recommendation includes $250,000,000 for buildings and
facilities. The agreement directs NIH to continue to provide
quarterly updates of its efforts to develop best practices
and its maintenance and construction plans for projects whose
cost exceeds $3,500,000, including any changes to those plans
and the original baseline estimates for individual projects.
It also directs NIH to describe in its fiscal year 2023 and
future Congressional Justifications how the projects
requested in its budgets tie to its capital planning process,
including the RFAC's role in determining which projects are
selected for including in the budget.
The agreement increases the amount of funding appropriated
to Institutes and Centers that may be used for repairs and
improvements from $45,000,000 to $100,000,000 and raises the
per project cap from $3,500,000 to $5,000,000.
Substance Abuse and Mental Health Services Administration (SAMHSA)
MENTAL HEALTH
Certified Community Behavioral Health Clinics.--The
agreement includes increased funding.
Mental Health Block Grant.--The agreement again includes a
five percent set-aside of the total for evidence-based crisis
care programs as described in House Report 117-96.
National Child Traumatic Stress Initiative.--The agreement
includes an increase and directs SAMHSA to follow the
directives in House Report 117-96.
Within the total provided for Mental Health Programs of
Regional and National Significance (PRNS), the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Seclusion and Restraint............................... $1,147,000
Project AWARE......................................... 120,001,000
Mental Health Awareness Training...................... 24,963,000
Behavioral Health Crisis and 988 Coordinating Office.. 5,000,000
Mental Health Crisis Response Grants.................. 10,000,000
Healthy Transitions................................... 29,451,000
Infant and Early Childhood Mental Health.............. 10,000,000
Interagency Task Force on Trauma Informed Care........ 1,000,000
Children and Family Programs.......................... 7,229,000
Consumer and Family Network Grants.................... 4,954,000
Project LAUNCH........................................ 23,605,000
Mental Health System Transformation................... 3,779,000
Primary and Behavioral Health Care Integration........ 52,877,000
National Strategy for Suicide Prevention.............. 23,200,000
Zero Suicide........................................ 21,200,000
American Indian and Alaska Native............... 2,400,000
Suicide Lifeline...................................... 101,621,000
Garrett Lee Smith--Youth Suicide Prevention--States... 38,806,000
Garrett Lee Smith--Youth Suicide Prevention--Campus... 6,488,000
American Indian and Alaskan Native Suicide Prevention 2,931,000
Initiative...........................................
Tribal Behavioral Grants.............................. 20,750,000
Homelessness Prevention Programs...................... 30,696,000
[[Page H2680]]
Minority AIDS......................................... 9,224,000
Criminal and Juvenile Justice Programs.............. 6,269,000
Assisted Outpatient Treatment......................... 21,000,000
Assertive Community Treatment for Individuals with 9,000,000
Serious Mental Illness...............................
Science and Service:
Garrett Lee Smith--Suicide Prevention Resource Center. 9,000,000
Practice Improvement and Training..................... 7,828,000
Primary and Behavioral Health Integration Technical 1,991,000
Assistance...........................................
Consumer & Consumer Support Technical Assistance 1,918,000
Centers..............................................
Minority Fellowship Program......................... 10,059,000
Disaster Response..................................... 1,953,000
Homelessness.......................................... 2,296,000
------------------------------------------------------------------------
Behavioral Health Crisis and 988 Coordinating Office.--The
agreement includes $5,000,000 for the Office of the Assistant
Secretary for Mental Health and Substance Use to establish an
office dedicated to the implementation of the 988 National
Suicide Prevention Lifeline (Lifeline) and coordination of
behavioral health crisis care across HHS operating divisions,
including CMS and HRSA. The office will support technical
assistance and coordination of the nation's crisis care
network, the implementation of the 988 Lifeline, and the
development of a crisis care system with the objective of
expanding crisis care services and follow-up care, including
through services provided by Federally Qualified Health
Centers, Community Mental Health Centers, Certified Community
Behavioral Health Clinics, and other community providers.
Additionally, the office will coordinate with first
responders including the 911 system so that behavioral health
crisis services are well integrated into emergency care. The
agreement requests that SAMHSA provide a report to the
Committees within 180 days of enactment of this Act outlining
a nationwide crisis care system plan of action.
Infant and Early Childhood Mental Health.--The agreement
directs SAMHSA to continue to allow a portion of additional
funds provided for technical assistance to existing grantees,
to better integrate infant and early childhood mental health
into State systems.
Mental Health Awareness Training.--The agreement includes
an increase and directs SAMHSA to continue to include as
eligible grantees local law enforcement agencies, fire
departments, and emergency medical units with a special
emphasis on training for crisis de-escalation techniques.
SAMHSA is also encouraged to allow training for veterans and
armed services personnel and their family members.
Mental Health Crisis Response Grants.--The agreement
includes new crisis response grants as directed in House
Report 117-96.
National Suicide Prevention Lifeline.--The agreement
includes an increase to prepare for the launch of a new 988
number in July 2022, including for specialized services as
detailed in House Report 117-96. The agreement directs SAMHSA
to keep the Committees fully apprised of progress toward this
launch. SAMHSA is directed to provide a briefing with a
status update within 60 days of enactment of this Act, to
provide a briefing within 60 days of the launch of 988, and
as necessary throughout the year.
Project AWARE.--The agreement includes an increase for
school-and campus-based mental health services and support.
Of the amount provided, the agreement directs $12,500,000 for
grants to support efforts in high-crime, high-poverty areas
and, in particular, communities that are seeking to address
relevant impacts and root causes of civil unrest, community
violence, and collective trauma. The agreement requests
SAMHSA submit a report to the Committees within 180 days
after enactment of this Act outlining grantee efforts. The
agreement recognizes that the COVID-19 pandemic has increased
the need for school and community-based trauma services for
children and their families. Accordingly, within this
increase, the agreement provides $7,000,000 to increase
student access to evidence-based, culturally relevant, trauma
support services and mental health care through established
partnerships with community organizations as authorized by
section 7134 of the SUPPORT Act (P.L. 115-271).
Projects for Assistance in Transition from Homelessness
(PATH).--The agreement recognizes that inadequate housing and
support opportunities exist for people with serious mental
illness. The agreement directs SAMHSA to encourage PATH
grantees to partner with public housing agencies in their
communities, and to use existing outreach and engagement
mechanisms to identify, qualify, and select individuals and
initiate housing support services to meet the individual's
needs.
SUBSTANCE ABUSE TREATMENT
Data Collection Review.--The agreement notes that as drug
overdose death rates continue to rise, federal data
collection requirements can present barriers to recipients of
Federal grant funds that provide services to individuals in
need of treatment and other services. Data collection is
critically important in determining the effectiveness of
Federal investments but should not create new barriers to
services. The agreement directs SAMHSA to review and update
the data collection requirements in the Government
Performance and Results Act (GPRA) of 1993 or otherwise
required by SAMHSA through rules or regulations for programs
administered through the Center for Substance Abuse
Treatment. The agreement directs SAMHSA to provide a briefing
on the updated GPRA requirements to the Committees 90 days
after enactment of this Act.
Rural Opioid Technical Assistance (ROTA) Grants.--The
agreement is disappointed SAMHSA did not fund an additional
cohort of ROTA grants in fiscal year 2021 and strongly
encourages SAMHSA to fund additional grants in fiscal year
2022.
State Opioid Response (SOR) Grants.--The agreement provides
an increase, including for tribes and tribal organizations,
and directs SAMHSA to provide the Committees with a briefing
on whether additional flexibility is needed to ensure States
are able to spend these urgently needed funds. The agreement
again notes serious concern that longstanding guidance to the
Department to avoid a significant cliff between States with
similar mortality rates was overlooked in the award of fiscal
year 2020 funds. When making awards in fiscal year 2022, the
agreement directs the Assistant Secretary to award funds in a
manner that avoids funding cliffs between States with similar
mortality rates. The agreement notes that large swings in
funding between grant cycles can pose a significant challenge
for States seeking to maintain programs that were
instrumental in reducing drug overdose fatalities. The
agreement continues bill language that directs SAMHSA to
submit the formula methodology used in calculating SOR grants
to the Committees not less than 21 days prior to releasing
the Funding Opportunity Announcement. The agreement continues
to direct SAMHSA to conduct a yearly evaluation of the
program to be transmitted to the Committees no later than 180
days after enactment and make such an evaluation publicly
available on SAMHSA's website.
SOR Overdose Data Report.--The agreement recognizes that
drug overdose mortality data collection and reporting is
complex, often with multi-substance use contributing to
mortality. The agreement encourages SAMHSA to evaluate the
data used to calculate SOR allocations, including whether
accurate, State-level data exists for mortality rates for
opioid use disorders and whether such data should be used to
calculate the 15 percent set aside within SOR.
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Opioid Treatment Programs/Regulatory Activities....... $8,724,000
Screening, Brief Intervention, and Referral to 31,840,000
Treatment............................................
PHS Evaluation Funds............................ 2,000,000
Targeted Capacity Expansion--General.................. 112,192,000
Medication-Assisted Treatment for Prescription 101,000,000
Drug and Opioid Addiction......................
Grants to Prevent Prescription Drug/Opioid Overdose... 14,000,000
First Responder Training.............................. 46,000,000
Rural Focus..................................... 26,000,000
Pregnant and Postpartum Women......................... 34,931,000
Recovery Community Services Program................... 2,434,000
Children and Families................................. 29,605,000
Treatment Systems for Homeless........................ 36,386,000
Minority AIDS......................................... 65,570,000
Criminal Justice Activities........................... 89,000,000
Drug Courts..................................... 70,000,000
Improving Access to Overdose Treatment................ 1,000,000
Building Communities of Recovery...................... 13,000,000
Peer Support Technical Assistance Center.............. 1,000,000
Comprehensive Opioid Recovery Centers................. 5,000,000
Emergency Department Alternatives to Opioids.......... 6,000,000
Treatment, Recovery, and Workforce Support............ 10,000,000
Science and Service:
Addiction Technology Transfer Centers................. 9,046,000
Minority Fellowship Program........................... 5,789,000
------------------------------------------------------------------------
Building Communities of Recovery.--The agreement provides
an increase for enhanced long-term recovery support
principally governed by people in recovery from substance use
disorders.
Comprehensive Opioid Recovery Centers.--The agreement
includes an increase and directs SAMHSA to make the funding
opportunity available to all eligible entities, as defined in
section 7121 of the SUPPORT Act (P.L. 115-271).
First Responder Training.--Of the funding provided, the
agreement provides $7,500,000 to make awards to rural public
and non-profit fire and EMS agencies as authorized in the
Supporting and Improving Rural Emergency Medical Service's
Needs (SIREN) Act (P.L. 115-334). The agreement notes that
the fiscal year 2021 grants included award amounts less than
the maximum amount allowable in order to fund more projects
and encourages SAMHSA to follow this approach in fiscal year
2022 to the extent practicable.
Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction.--The agreement directs SAMHSA to ensure
that these grants include as an allowable use the support of
medication-assisted treatment and other clinically
appropriate services to achieve and maintain abstinence from
all opioids, including programs that offer low-barrier or
same day treatment options. Within the amount provided, the
agreement includes $12,000,000 for grants to Indian Tribes,
Tribal Organizations, or consortia.
Opioid Abuse in Rural Communities.--The agreement
encourages SAMHSA to support initiatives to advance opioid
abuse prevention, treatment, and recovery objectives,
including by improving access through telehealth. SAMHSA is
encouraged to focus on addressing the needs of individuals
with substance use disorders in rural and medically
underserved areas. In addition, the agreement encourages
SAMHSA to consider early interventions, such as co-
prescription of overdose medications with opioids, as a way
to reduce overdose deaths in rural areas.
Opioid Use Disorder Relapse.--The agreement recognizes
SAMHSA's efforts to address opioid use disorder relapse
within Federal grant programs by emphasizing that opioid
detoxification should be followed by medication to prevent
relapse to opioid dependence. The agreement encourages SAMHSA
to continue these efforts.
[[Page H2681]]
Pregnant and Postpartum Women.--The agreement provides an
increase and again encourages SAMHSA to fund an additional
cohort of States under the pilot program authorized by the
Comprehensive Addiction and Recovery Act (P.L. 114-198).
Treatment, Recovery, and Workforce Support.--The agreement
includes an increase to implement section 7183 of the SUPPORT
Act (P.L. 115-271). SAMHSA is directed to, in consultation,
with the Secretary of Labor, award competitive grants to
entities to carry out evidence-based programs to support
individuals in substance use disorder treatment and recovery
to live independently and participate in the workforce.
SUBSTANCE ABUSE PREVENTION
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for $127,484,000
Success..............................................
Strategic Prevention Framework Rx............... 10,000,000
Federal Drug-Free Workplace........................... 4,894,000
Minority AIDS......................................... 41,205,000
Sober Truth on Preventing Underage Drinking (STOP Act) 12,000,000
National Adult-Oriented Media Public Service 2,000,000
Campaign.......................................
Community-based Coalition Enhancement Grants.... 9,000,000
Intergovernmental Coordinating Committee on the 1,000,000
Prevention of Underage Drinking................
Tribal Behavioral Health Grants....................... 20,750,000
Science and Service:
Center for the Application of Prevention Technologies. 7,493,000
Science and Service Program Coordination.............. 4,072,000
Minority Fellowship Program........................... 321,000
------------------------------------------------------------------------
At-Home Prescription Drug Disposal.--The agreement supports
efforts to encourage at-home prescription drug deactivation
and disposal and urges SAMHSA to support these types of
programs.
Sober Truth on Preventing Underage Drinking Act (STOP
Act).--The agreement provides an increase for community-based
coalition enhancement grants.
Strategic Prevention Framework-Partnerships for Success
Program.--The agreement encourages the program to support
comprehensive, multi-sector substance use prevention
strategies to stop or delay the age of initiation of each
State's top three substance use issues for 12 to 18 year old
youth as determined by the State's epidemiological data. The
agreement directs SAMHSA to ensure that State alcohol and
drug agencies remain eligible to apply along with community-
based organizations and coalitions. SAMHSA is also directed
to issue a report within 120 days of enactment of this Act
assessing the extent to which the work of local grantees
complements and aligns with the primary prevention efforts
led by the corresponding State alcohol and drug agency.
Substance Misuse Prevention.--The agreement supports
efforts to reduce the risks associated with drug use,
including efforts to avoid drug overdose deaths and the
spread of diseases such as HIV and hepatitis. However, the
agreement strongly encourages that funds appropriated for
substance misuse prevention purposes in the Center for
Substance Abuse Prevention, as well as the 20 percent
prevention set-aside in the Substance Abuse Prevention and
Treatment Block Grant, be used only for bona fide substance
misuse prevention activities and not for any other purpose.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Within the total provided for health surveillance and
program support, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Health Surveillance..................................... $48,623,000
PHS Evaluation Funds.................................. 30,428,000
Program Management...................................... 81,500,000
Performance and Quality Information Systems............. 10,000,000
Drug Abuse Warning Network.............................. 10,000,000
Public Awareness and Support............................ 13,000,000
Behavioral Health Workforce Data........................ 1,000,000
PHS Evaluation Funds.................................. 1,000,000
------------------------------------------------------------------------
Community Project Funding/Congressional Directed
Spending.--The agreement includes $127,535,000 for the
projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included in this explanatory statement
accompanying this division.
Agency for Healthcare Research and Quality (AHRQ)
The agreement includes $350,400,000 for AHRQ. Within the
total, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Health Costs, Quality, and Outcomes:
Prevention/Care Management............................ $11,542,000
Health Information Technology (IT).................... 16,349,000
Patient Safety Research............................... 79,615,000
Health Services Research, Data, and Dissemination..... 98,003,000
Medical Expenditure Panel Survey...................... 71,791,000
Program Management.................................... 73,100,000
------------------------------------------------------------------------
While the agreement does not include dedicated funding to
expand these activities, the agreement encourages AHRQ to
continue supporting research on health equity, health system
innovations responding to COVID-19, improving maternal
morbidity and mortality State and local data, opioids
research, research on the use of natural products such as
kratom to treat pain, and prenatal care for pregnant
individuals.
Antimicrobial Resistance.--The agreement directs AHRQ to
work with other HHS agencies to provide the briefing
described under the section of the explanatory statement
pertaining to the Office of the Secretary.
Center for Primary Care Research.--The agreement includes
$2,000,000 to establish the Center for Primary Care Research
authorized at 42 USC 299b-4(b) and as described under this
heading in House Report 117-96.
Diagnostic Errors.--The agreement includes $10,000,000, an
increase of $8,000,000, for researching diagnostic error and
associated risks to patient safety.
Heart Disease Research.--Heart disease is the leading cause
of death for Americans. Understanding how to reduce the rate
of cardiac events and to control the metabolic processes that
lead to such events is needed. The agreement supports AHRQ
studying and assessing the current evidence for lipid control
and cardiovascular event reduction, quality measures for the
improvement of clinical outcomes, and development and
dissemination of educational resources and materials about
improving cardiovascular clinical outcomes for coronary heart
disease death, myocardial infarction, ischemic stroke, and
urgent coronary revascularization procedure.
Organ Availability.--The agreement urges AHRQ to evaluate
innovative approaches to enhance the availability of organs,
otherwise encourage donation, and further improve the organ
transplantation process, including through consultation with
other Federal agencies.
Trafficking Awareness Training for Health Care.--The
agreement does not include additional funding for this
activity.
Centers for Medicare & Medicaid Services (CMS)
PROGRAM MANAGEMENT
Audio-Only Evaluation and Management Services.--The
agreement requests CMS, in coordination with the Assistant
Secretary for Planning and Evaluation, conduct a review of
audio-only services delivered during the COVID-19 public
health emergency, and provide an update on the provision of
such services in the fiscal year 2023 Congressional
Justification.
Autism Treatment and Services.--The agreement encourages
CMS to identify the supportive services that are most
beneficial to improved outcomes for autism patients, and to
begin reviewing existing coverage policies for these
services.
Computed Tomography (CT) Colonography.--The agreement
encourages CMS to consider existing evidence to determine
whether CMS should cover CT Colonography as a Medicare-
covered colorectal cancer screening test under section
1861(pp)(1) of the Social Security Act.
Diabetes Technology.--The agreement requests a report
within 120 days of enactment of this Act outlining coverage
and payment policies for new technologies for individuals
with diabetes, including hybrid-closed loop technologies.
Home Visiting.--The agreement directs CMS to build upon its
2016 Joint Informational Bulletin to clearly articulate how
Medicaid dollars can be blended and braided appropriately in
home visiting programs to reach eligible families, provide
streamlined coverage options for home visiting services, and
cover specific components of home visiting programs.
Lowering the Cost of Care.--The agreement encourages the
Center for Medicare & Medicaid Innovation to consider
creative pilot projects that lower the cost of care among
older Americans and enable individuals who retire overseas to
retain and utilize their Medicare primary healthcare
benefits. The pilot should consider potential cost savings
involving international collaborations where the quality of
care is comparable and less expensive. CMS shall provide an
update on this effort in the fiscal year 2024 Congressional
Justification.
Measuring Cognitive Impairment.--The agreement directs CMS
to continue to include questions in the Medicare Current
Beneficiary Survey pertaining to mild cognitive impairment,
Alzheimer's, and other related dementias, and to add
questions on whether beneficiaries have been advised about
Alzheimer's and dementia care planning services that are
covered under Medicare. The agreement also encourages CMS to
identify actions the agency can take within existing
authorities to reduce the prevalence of dementia and improve
early detection.
Obesity.--The agreement encourages CMS to work to ensure
beneficiary access to care for obesity if determined as
clinically appropriate by the patient's physician and
consistent with statutory and regulatory authority. The
agreement also encourages CMS to reexamine its Medicare Part
B national coverage determination for intensive behavioral
therapy for obesity considering current United States
Preventive Services Task Force recommendations.
Reimbursement Coding for Reducing Opioid Consumption.--The
agreement encourages CMS to undertake efforts to ensure
reimbursement of FDA-approved devices and therapies for
unique post-surgery patient populations that use alternative
means for effective pain management. CMS is encouraged to
support provider efforts to track patient pain scores and
reductions in opioid consumption using such alternative means
for effective pain management.
Respite Care.--The agreement requests CMS, in consultation
with the Office of the Assistant Secretary for Planning and
Evaluation, to provide a report to the Committees within 180
days of the enactment of this Act on the current capacity and
best practices for the provision of hospice respite care,
including in the home.
[[Page H2682]]
Rural Hospitals.--The agreement notes that the Consolidated
Appropriations Act, 2021 (P.L. 116-260) directed CMS to
produce a report on rural hospital closures within 180 days
of enactment, which the Committees have not received. The
agreement directs CMS to provide an update on the report
requested in fiscal year 2021 and a briefing on rural
hospital payment policy within 30 days of enactment of this
Act.
Telehealth and the Homeless Population.--The agreement
directs CMS to identify and share with States best practices
regarding ways in which telehealth and remote patient
monitoring can be leveraged through the Medicaid and Medicare
programs for the homeless. This should include identification
of barriers to mental health services via telehealth
coverage, as well as ways to address those barriers.
Transitional Add-on Payment Adjustment for New and
Innovative Equipment and Supplies.--The agreement requests an
update in the fiscal year 2023 Congressional Justification on
this program.
Transportation for Dialysis.--The agreement urges CMS to
delay further implementation of the Prior Authorization of
Repetitive, Scheduled Non-Emergent Ambulance Transport model
until it ensures appropriate alternative transportation to
dialysis services and diabetes-related wound care for low-
income beneficiaries who have no other means of
transportation.
HEALTH CARE FRAUD AND ABUSE CONTROL
Department of Justice.--The agreement provides an increase
of $20,207,000 for the Department of Justice to expand fraud
and abuse detection efforts.
Senior Medicare Patrol.--Within the amount provided for
CMS, the agreement includes $30,000,000 for this program.
Administration for Children and Families (ACF)
LOW INCOME HOME ENERGY ASSISTANCE
The agreement includes $1,100,000 in additional technical
assistance funding for HHS to establish a system to simplify
the formulation process to enable ACF staff to provide
estimates more readily when requested by the Committees. Once
such a system is in place, the agreement instructs HHS to
work collaboratively with the Committees to promptly respond
to requests for estimates and to ensure no request shall be
outstanding for longer than 10 calendar days.
REFUGEE AND ENTRANT ASSISTANCE
The agreement notes that the front matter of this
explanatory statement establishes that language included in
House Report 117-96 should be complied with unless
specifically addressed to the contrary in this explanatory
statement. In cases where the House Report addresses an issue
not addressed in this joint explanatory statement, the House
Report language is deemed to carry the same emphasis as
language included in this explanatory statement.
Confidentiality of Behavioral and Mental Health.--The
agreement recognizes that unaccompanied children often share
extensive personal information to case managers, clinicians,
or other adults while in Office of Refugee Resettlement (ORR)
care, and expects ORR and its grantees and contractors to
protect sensitive personal information, behavioral health
records, and mental health records consistent with all
applicable child welfare laws, regulations, and licensing
requirements.
Office of the Ombudsperson.--The agreement strongly
supports efforts to increase and improve independent
oversight of the Unaccompanied Children program. Accordingly,
the agreement strongly encourages the Secretary to establish
an Office of the Ombudsperson to provide independent child-
welfare focused recommendations to ORR and the Secretary
regarding the care of unaccompanied children. The agreement
requests a briefing within 120 days of enactment of this Act
on a strategy for establishing such an office in accordance
with the direction in House Report 117-96 and the resources
necessary to do so.
Services for Children.--The agreement includes no less than
$558,000,000 for post-release services, legal services, and
child advocates. This will allow HHS to expand such services,
to serve children in ORR's care and children recently
released from HHS custody, as well as to additional high-
release communities that are not currently being served.
The agreement understands the supply of service providers
may be constrained in some areas, and encourages ORR to allow
grantees to use flexibilities in contracting expenses, to the
extent practicable, to build the capacity to ensure the
necessary legal requirements are met to provide expanded
services to children.
Sibling Placement.--The agreement continues to direct ORR
to place siblings in the same facility, or with the same
sponsor, to the extent practicable, and so long as it is
appropriate and in the best interest of the child.
Spend Plan.--The agreement directs ORR to submit a
comprehensive spend plan to the Committees every 60 days,
incorporating all funding provided in this Act, and previous
Acts. The agreement expects the plan to contain a report on
facilities per House Report 117-96.
State-Licensed Shelters.--The agreement includes an
increase in funding for State-licensed shelters for ORR to
increase its network of beds, safely bring back online beds
that were impacted by COVID-19 restrictions, partner with
current providers to provide additional bed capacity, and
engage non-governmental organizations and governmental
jurisdictions to identify ways to expand bed capacity through
new grants or contracts. The agreement continues to direct
HHS to prioritize awarding grant or contract funding to
licensed, community-based placements (including foster care
and small group homes) over large-scale institutions, and to
notify the Committees prior to all new funding opportunity
announcements, grants or contract awards, or plans to lease,
rent, or acquire real property.
Further, the agreement strongly encourages ORR to more
consistently and predictably post funding opportunity
announcements, and to provide training and technical
assistance to potential new providers.
Unlicensed Facilities.--The agreement recognizes the impact
the ongoing COVID-19 pandemic continues to have on State-
licensed facilities, and expects any unlicensed facilities to
meet the statutory requirements included in this Act. The
agreement directs ORR to rigorously limit how long children
are in unlicensed facilities, and to submit, within 60 days
of enactment of this Act, an updated report to the Committees
on HHS' Plans to Phase Out the Use of Emergency Intake Sites
as required by the Continuing Appropriations Act, 2022 (P.L.
117-43).
In addition, the agreement expects ORR to adopt systemic
changes to reduce its reliance on unlicensed facilities, and
to restore access to, and expeditiously activate, as
necessary, sufficient licensed bed capacity to serve
unaccompanied children during periods of higher referrals or
emergencies.
CHILDREN AND FAMILIES SERVICES PROGRAMS
Migrant and Seasonal Head Start (MSHS) Eligibility
Requirements.--The agreement reiterates the need for the
report on the Impact of the Federal Poverty Guidelines, as
requested in House Report 116-450, including the section
examining how such requirements may be affecting MSHS, and
requests a briefing on the findings and recommendations of
that report as soon as practicable.
In addition, the agreement directs the Office of Head Start
to issue, and post online within 30 days of enactment of this
Act, guidance on the flexibilities MSHS programs can offer
farmworker families concerned with demonstrating income
eligibility or residency as referenced in House Report 117-
96.
Quality Improvement Funding for Staff Recruitment and
Retention and Trauma-Informed Care.--The agreement provides
$52,000,000 in quality improvement funding, including a
prioritization on activities to improve staff compensation in
order to recruit and retain qualified staff and support the
provision of high-quality program services. Funds may also be
used to address the rise of adverse childhood experiences
attributable to the pandemic and the increased prevalence of
substance use, economic hardship, home and community
violence, and other traumatic experiences that can negatively
impact child development and lead to disruptions in classroom
environments. The agreement directs the Administration to
allow flexibility to meet local needs while focusing these
funds on improving the compensation of staff with an emphasis
on positions with high rates of turnover.
Runaway and Homeless Youth.--The agreement urges ACF to be
flexible with current grantees to avoid reducing the
availability of safe shelter and housing for young people.
National Communications System, National Runaway
Safeline.--The agreement encourages ACF to coordinate with
the Department of Education to increase outreach efforts at
schools and community based organizations to raise awareness
of the resources provided by the National Runaway Safeline to
connect homeless children and youth and those at risk of
homelessness with services.
Child Abuse Prevention and Treatment Act Infant Plans of
Safe Care.--The agreement continues $60,000,000 to help
States continue to develop and implement plans of safe care
as required by section 106 of the Child Abuse Prevention and
Treatment Act.
Child Abuse Discretionary Activities.--The agreement
includes $2,000,000 to support and expand a national child
abuse hotline.
The agreement encourages the program to consider
demonstration projects for serving children in foster care
who have experienced severe trauma through trauma-informed
interventions. The agreement encourages ACF to work with
nonprofit organizations, with Institutional Review Board-
approved research, to study and report on the findings and
outcomes of such programs, including evidence-based clinical
services, foster parent training and curriculum, volunteer
support services for foster parents, positive biological and
birth family engagement to enhance family reunification,
enrichment activities for the children, and trauma-informed
systems work.
Child Welfare Research.--The agreement is concerned by the
high rates of homelessness among children who age-out of the
foster care system and encourages HHS to support the
development, implementation, and evaluation of innovative
programs that serve vulnerable populations of youth
transitioning out of the foster care system.
The agreement encourages the program to consider funding
partnerships with child protection simulation laboratories
that provide in-person, online, and trauma-informed,
evidenced-based training.
Adoption Opportunities.--The agreement includes $1,000,000
to continue the National
[[Page H2683]]
Adoption Competency Mental Health Training Initiative and
encourages the program to institutionalize its curriculums as
the standard for consistent training in all State child
welfare agencies.
Social Services Research and Demonstration.--The agreement
includes $10,000,000 for carrying out a diaper distribution
pilot program to provide grants to social service agencies or
other non-profit organizations specifically for diaper and
diapering supply needs.
Community Project Funding/Congressionally Directed
Spending.--The agreement includes $26,992,000 for the
projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included in this explanatory statement
accompanying this division.
Native American Programs.--The agreement includes
$14,000,000 for Native American language preservation
activities, and not less than $5,500,000 for language
immersion programs authorized by section 803C(b)(7)(A)-(C) of
the Native American Programs Act, as amended by the Esther
Martinez Native American Language Preservation Act of 2006.
National Domestic Violence Hotline.--The agreement
encourages the Hotline to explore evidence-based best
practices for anti-violence intervention and prevention
programs.
Family Violence Prevention and Services.--The agreement
recognizes that women and girls of color are often
disproportionally impacted by domestic violence and includes
up to $5,000,000 for development or enhancement of culturally
specific services for survivors of domestic violence and
sexual assault.
In addition, the agreement includes $1,000,000 for a Native
Hawaiian Resource Center on Domestic Violence.
Administration for Community Living (ACL)
AGING AND DISABILITY SERVICES PROGRAMS
Protection of Vulnerable Older Americans.--Within the
total, the agreement includes a $1,000,000 increase for the
long-term care ombudsman program.
National Family Caregiver Strategy.--The agreement
continues to provide $400,000 for the Family Caregiving
Advisory Council.
Aging Network Support Activities.--Within the total, the
agreement provides $6,000,000 to the Holocaust Survivor's
Assistance program.
The agreement includes $4,000,000 for the Care Corps grant
program.
The agreement encourages ACL to coordinate with the
Department of Labor to identify and reduce barriers to entry
for a diverse and high-quality direct care workforce, and to
explore new strategies for the recruitment, retention, and
advancement opportunities needed to attract or retain direct
care workers.
Alzheimer's Disease Program.--Within the total, the
agreement provides $2,000,000 for the National Alzheimer's
Call Center.
Paralysis Resource Center (PRC).--Within the total, the
agreement directs not less than $9,200,000 to the National
PRC.
Developmental Disabilities Programs.--Within the total, the
agreement includes not less than $700,000 for technical
assistance and training for the State Councils on
Developmental Disabilities.
National Institute on Disability, Independent Living, and
Rehabilitation Research.--The agreement includes funds to
increase annual grant funding to competitively funded model
systems centers, and a $100,000 increase for the Traumatic
Brain Injury Model Systems National Data and Statistical
Center.
In addition, the agreement includes $2,000,000 to increase
the number of Federally-funded Spinal Cord Injury Model
System Centers.
Community Project Funding/Congressionally Directed
Spending.--The agreement includes $13,871,000 for the
projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included in this explanatory statement
accompanying this division.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
Alzheimer's and Related Dementias.--The agreement is
encouraged by work underway on the National Alzheimer's
Project Act Plan to develop national dementia prevention
goals and supports further efforts to incorporate evidence-
based dementia risk reduction strategies in clinical practice
and public health.
Antimicrobial Resistance (AMR).--The agreement directs the
Office of the Assistant Secretary for Health (OASH), NIH,
ASPR/BARDA, CDC, and AHRQ to jointly brief the Committees no
later than 30 days after the enactment of this Act detailing
how HHS and its agencies are coordinating their AMR-related
efforts. The briefing should include a comparison of actual
performance against the national targets for 2020 established
in the March 2015 National Action Plan for Combatting
Antibiotic-Resistant Bacteria and whether those goals were
sustained in 2021. Agencies are directed to outline the focus
of their plans for fiscal years 2022-2023 and how these are
connected to longer-term objectives included in the follow-on
National Action Plan released in October 2020.
Blood Donor Awareness.--The agreement encourages the
Secretary to implement Section 3226 of P.L.116-136. In
executing this campaign, the Secretary should prioritize
efforts that help improve the diversity of blood donors,
especially among populations that are disproportionately
impacted by blood disorders such as sickle cell disease.
Cell-mediated Immunity Measures.--The Office of the
Secretary shall provide to the Committees a report within 60
days of enactment of this Act on the efforts of the
Department to incorporate cell-mediated immunity measures
into the Department's COVID-19 surveillance and research
strategy.
Coordinated Treatment for Mesothelioma Patients.--
Mesothelioma is an aggressive asbestos-related malignancy of
the pleura that is often associated with a poor prognosis.
While a rare disease, mesothelioma is highly concentrated in
regions predominated by industries with high exposure to
asbestos such as shipyards, aluminum plants, and power
generation. The agreement is concerned with the quality-of-
care patients with mesothelioma receive from providers with
less experience treating rare malignancies. Without
sufficient expertise there can be delays in diagnoses and use
of outdated therapies. The agreement urges the Department to
support comprehensive mesothelioma therapy programs in
regional hospitals in areas of the country with exceptionally
high rates of mesothelioma. High quality programs deliver
focused, individualized treatment, by using a comprehensive
approach that brings together appropriate experts in treating
and caring for mesothelioma patients, including experts in
pulmonary medicine, thoracic surgery, medical oncology,
radiation oncology, rehabilitation medicine, pathology,
physical therapy, palliative care, and end-of-life care.
Disparity Populations.--To ensure underserved and
disadvantaged populations continue to be best served by
programs and offices within the Department, the agreement
directs the Secretary to continue the collection of data on
disparity populations, as defined by Healthy People 2030, in
surveys administered with funding in this Act.
Ending the HIV Epidemic.--The agreement directs HHS to
provide a spend plan to the Committees no later than 60 days
after enactment of this Act, to include resource allocation
by State. The agreement further directs HHS to brief the
Committees on fiscal year 2022 plans no later than 90 days
after enactment of this Act.
Federal Funds.--The agreement includes an increase of
$8,600,000 for administrative resources necessary for the
operation of the Department.
Lung Cancer in Women.--The agreement requests an update on
the status of research on women and lung cancer and the
disparate impact of lung cancer in women who have never
smoked in the fiscal year 2023 Congressional Justification.
Nonrecurring Expenses Fund.--HHS continues several
construction projects that have not been completed after more
than 5 years, while it continues to submit notifications for
new projects. HHS shall prioritize current construction
projects for completion, specifically the CDC NIOSH facility
and those facilities for the Indian Health Service and FDA.
The agreement directs HHS to provide quarterly reports for
all ongoing projects. The report shall include the following
for each project: agency project is funded under; a
description for each project; the date the project was
notified to the Committees; total obligations to date;
obligations for the prior fiscal year; anticipated
obligations for current fiscal year; and any expected future
obligations. For any project ongoing more than 3 years, the
report should include a narrative describing the cause for
delay and steps being taken by the agency to ensure prompt
completion.
Obligation Reports.--The agreement directs the Secretary to
submit electronically to the Committees an excel table
detailing the obligations made in the most recent quarter for
each office and activity funded under this appropriation not
later than 30 days after the end of each quarter.
Office of the General Counsel (OGC).--The agreement notes
strong concerns that OGC does not consistently respond to
Congressional requests for technical assistance in a timely
manner. The agreement directs the General Counsel to
prioritize the Committees' requests for legal and
administrative information.
Pandemic Guidelines.--Individuals with certain chronic
conditions, disabilities, and older adults are more likely to
become severely ill, be hospitalized, and die from COVID-19.
The agreement commends the CDC ACIP recommendations and the
HHS Office of Civil Rights for its continued vigilance
regarding potential discrimination in high-risk populations
during COVID-19 and for working collaboratively with States
to ensure State guidelines reflect best practices for serving
individuals with disabilities and older adults.
Rapid HIV Self-Test.--Rapid HIV self-testing can play an
important role towards meeting the public health objectives
outlined by the Ending the HIV Epidemic initiative,
particularly in regards to rural and otherwise hard to reach
populations. HHS is encouraged to incorporate rapid HIV self-
testing into emerging efforts.
Stillbirth Task Force.--The agreement provides $750,000 for
this activity as described under this heading in House Report
117-96.
Sexually Transmitted Infections (STIs).--The agreement is
pleased that HHS is updating a National STI Action Plan. The
Department is directed to provide a progress report to the
Committees within 90 days of enactment of this Act. In
addition, the agreement includes $250,000 for OASH to develop
a national strategic plan or amend the STIs National
Strategic Plan for the treatment and prevention of HSV types
1 and 2.
Study on Animal Abuse.--The agreement is concerned about
the link between animal
[[Page H2684]]
abuse and future violence and encourages further study into
the underlying factors that contribute to acts of violence
against animals and animal violence as a predictor of future
violence against humans.
Task Force on CDC COVID-19 Testing Failure.--The agreement
directs the Secretary to establish a Task Force, including
participation from outside stakeholders and subject matter
experts, to evaluate what contributed to the shortcomings of
the first COVID-19 tests developed by CDC, including
laboratory irregularities, and what policies, practices and
systems should be established to address these issues in the
future. The Task Force shall also examine CDC's processes for
the development and deployment of diagnostics and its ongoing
operations, including communications and electronic lab
reporting with clinical, commercial, and State and local
public health laboratories.
Teen Pregnancy Prevention Program Evidence Review.--The
agreement includes $900,000 for the Assistant Secretary for
Planning and Evaluation to conduct an independent,
systematic, rigorous review of evaluation studies on such
programs.
Telehealth Report.--The agreement directs HHS to submit a
report no later than 180 days after enactment of this Act
detailing the impact of the actions taken by the Secretary
during the COVID-19 public health emergency (PHE) to increase
telehealth services under the Medicare, Medicaid, and
Children's Health Insurance Programs, as well as other HHS
entities engaged in policy or programmatic telehealth changes
during the PHE.
Tribal Set-Aside.--The agreement includes an increase of
$1,500,000 for a Tribal set-aside within the Minority HIV/
AIDS Prevention and Treatment program.
U.S.-Mexico Border Health Commission.--The agreement
includes an increase of $900,000.
White House Conference on Food, Nutrition, Hunger, and
Health.--The agreement recognizes that levels of hunger,
nutrition insecurity, and chronic disease in the United
States are rising, and disproportionately afflict racial and
ethnic minorities as well as low-income and rural
populations. The agreement directs HHS to convene a White
House Conference on Food, Nutrition, Hunger, and Health in
2022, for the purpose of developing a roadmap to end hunger
and improve nutrition by 2030. The agreement includes
$2,500,000 to support this conference. The conference should
be developed using a whole-of-government approach--in
partnership with the Executive Office of the President, the
Department of Agriculture, and other Federal agencies--and in
consultation with State, territories, local, and Tribal
officials, and a diverse group of interested parties from
across the country, including anti-hunger, nutrition, and
health experts; the private sector; and people with lived
experience of hunger and nutrition insecurity. The conference
should examine why hunger and nutrition insecurity persist
and how they affect health, including their role in the high
prevalence of chronic disease. It should also review existing
and cross-departmental strategies and consider new approaches
to improve health by eliminating hunger, reducing the
prevalence of chronic disease, and improving access to and
consumption of nutritious foods in accordance with Dietary
Guidelines for Americans. The conference shall produce a
final report detailing its findings and proposed solutions to
end hunger and improve nutrition security in the United
States by 2030.
In preparation for the White House Conference on Food,
Nutrition, Hunger, and Health, HHS shall consult with other
Federal agencies and report initial findings to the
Committees no later than 120 days after enactment of this
Act. The findings shall identify current programming that
directly or indirectly impacts food and nutrition insecurity
and diet related diseases; specific statutory, regulatory,
and budgetary barriers to ending hunger and improving
nutrition and health in the United States and the
Territories; existing examples of coordination mechanisms
between Federal agencies; Federal agencies and State, local,
and Tribal governments; and all levels of government and
program implementers; and additional authorities or resources
needed to eliminate hunger and improve nutrition and health.
Office of Minority Health (OMH)
Center for Indigenous Innovation and Health Equity.--The
agreement includes an increase of $1,000,000 to support the
work of the Center for Indigenous Innovation and Health
Equity.
Language Access Services.--The agreement includes
$1,000,000 to research, develop, and test methods of
informing limited English proficient individuals about their
right to and the availability of language access services, in
accordance with directives in H. Rpt. 117-96.
Lupus Initiative.--The agreement supports the OMH National
Lupus Outreach and Clinical Trial Education program, its goal
of increasing minority participation in lupus clinical
trials, and the program developing resources used by the
broader lupus community to enhance trial enrollment. The
agreement encourages OMH to continue to develop public-
private partnerships with organizations representing lupus
patients, implement action plans, and engage the lupus
community to increase participation in clinical trials for
all minority populations at highest risk of lupus.
Public Health Pilot Program.--The agreement does not
include the pilot program proposed by House Report 117-96.
Office on Women's Health (OWH)
Combatting Violence Against Women.--The agreement includes
an increase of $2,000,000 for the State partnership
initiative to combat violence against women.
Interagency Coordinating Committee on the Promotion of
Optimal Birth Outcomes.--The agreement includes $1,000,000
for the OWH to convene an Interagency Coordinating Committee
on the Promotion of Optimal Birth Outcomes to oversee and
coordinate the HHS Action Plan to Improve Maternal Health in
America.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
(ONC)
The agreement includes a $1,800,000 increase to support
interoperability and information sharing efforts related to
the implementation of Fast Healthcare Interoperability
Resources standards or associated implementation standards.
The agreement notes the general provision limiting funds
for actions related to promulgation or adoption of a standard
providing for the assignment of a unique health identifier
does not prohibit the Department from examining the issues
around patient matching, and reiterates the need for the
report requested in the explanatory statement accompanying
the Further Consolidated Appropriations Act, 2020 (P.L. 116-
94).
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
Office of the Assistant Secretary for Preparedness and
Response (ASPR)
National Emergency Tele-critical Care Network (NETCCN).--
The agreement includes funding for the NETCCN, which has
enabled skilled telehealth providers to support health
systems undergoing a COVID-19 surge or experiencing staff
shortages to operate remotely during the COVID-19 public
health emergency. This funding could be used to expand the
NETCCN to meet additional COVID-19 needs or used in future
public health emergencies and disaster response efforts.
Pediatric Disaster Care.--The agreement includes $6,000,000
for the Pediatric Disaster Care Centers of Excellence.
Reporting.--The agreement directs ASPR to brief the
Committees monthly regarding activities funded by this Act
and other available appropriations. The agency shall notify
the Committees 24 hours in advance of any obligation greater
than $25,000,000 from any appropriation. Such notification
shall include the source of funding, including section number
where applicable or program name from this explanatory
statement, and a description of the obligation. In addition,
ASPR shall submit a monthly obligation report in electronic
format. Such report shall include information for each
obligation greater than $25,000,000, and each obligation
shall include the source of the appropriation and the program
under which the obligation occurred. Such report is due not
later than 30 days after the end of the month and shall be
cumulative for the fiscal year with the most recent
obligations listed at the top. Furthermore, the Secretary
shall report to the Committees on the current inventory of
COVID-19 vaccines and therapeutics, as well as the deployment
of these vaccines and therapeutics during the previous month,
reported by State and other jurisdiction not later than 30
days after the enactment of this Act, and monthly thereafter
until the inventory is expended.
National Disaster Medical System
Mission Zero.--The agreement includes $2,000,000 for
civilian trauma centers to train and incorporate military
trauma care providers and teams into care centers.
Public Health Preparedness Equipment.--The agreement
includes $10,000,000 for ASPR to invest in next generation
air mobility solutions that will ensure more cost-effective
health delivery systems.
Hospital Preparedness Program
National Special Pathogen System (NSPS).--The agreement
includes $6,500,000, an increase of $1,500,000, for the
National Emerging Special Pathogens Training and Education
Center (NETEC) and directs NETEC to serve as the NSPS
coordinating body. The agreement also includes $21,000,000,
an increase of $15,000,000, for the Regional Emerging Special
Pathogen Treatment Centers (RESPTCs) Program and to increase
the overall number of RESPTCs by at least three Centers. The
RESPTC expansion shall be a competitive process as directed
in House Report 117-96. The agreement requests both a written
report and a briefing, within 90 days of enactment of this
Act, on progress in establishing a robust NSPS and
integrating NSPS with other health care delivery systems of
care for emergencies, such as the trauma system.
Biomedical Advanced Research and Development Authority
(BARDA)
Antimicrobial Resistance.--The agreement includes an
increase of at least $25,000,000 to support the Combating
Antibiotic Resistant Bacteria Biopharmaceutical Accelerator
and the advanced research and development of broad-spectrum
antimicrobials and next-generation therapeutics that address
the growing incidence of antimicrobial resistance. In
addition, the agreement directs BARDA to work with other HHS
agencies to provide the briefing described under the section
of the joint explanatory statement pertaining to the Office
of the Secretary.
Infectious Diseases.--The agreement supports robust funding
for enhanced work by
[[Page H2685]]
BARDA to proactively prepare for emerging infectious disease
outbreaks and other naturally occurring threats. The
agreement encourages ASPR to delineate information on
emerging infectious diseases, pandemic influenza, and
antimicrobial resistance investments in its annual five-year
budget plan for medical countermeasure (MCM) development to
clarify how ASPR is considering such naturally occurring
threats in relation to other priority areas of MCM
development, particularly given their inclusion in the
Strategic Initiatives section of the Pandemic and All-Hazards
Preparedness and Advancing Innovation Act (P.L. 116-22).
Screening Framework for Providers of Synthetic Double-
stranded DNA.--The fiscal year 2021 Explanatory Statement
requested a report on efforts to update the 2010 Screening
Framework Guidance for Providers of Synthetic Double-stranded
DNA within 180 days of enactment, which has not yet been
provided. The agreement directs ASPR to provide a report to
the Committees no later than 30 days after enactment of this
Act.
Trusted Domestic Vaccine Supplier Capability.--The
agreement recognizes the need for domestic manufacturing of
key biological starting materials (KSM), including plasmid
DNA and mRNA, antibodies, and other MCMs, to ensure timely
response to unanticipated health emergencies. Therefore, the
agreement encourages the Department to expand domestic
manufacturing of KSMs and collaborate with U.S. companies
that have pharmaceutical capabilities to ensure the
development and stockpiling of synthesized medicines for
future pandemics and biothreats.
Strategic National Stockpile (SNS)
Adequate Elastomeric Components.--The agreement expects the
Secretary, in conjunction with ASPR, to ensure that it has
the necessary elastomeric components to support the COVID-19
vaccination campaign. The agreement requests a briefing to
the Committees no later than 90 days after enactment of this
Act, on its assessment of the estimated supply of elastomeric
components, domestically and internationally, related to
vaccine administration; an assessment of current and future
domestic capacity for elastomeric components related to the
administration of such vaccines; the identification of any
gaps in capacity for manufacturing; and recommendations to
ensure adequate supplies of elastomeric components.
Re-envisioning the SNS.--The agreement directs the
Secretary to develop plans for re-envisioning the SNS to
ensure a transparent and deliberative decision-making process
for procurement that meets healthcare and national security
needs and engages interagency partners. This process will
include a wide variety of topics, including real-time
inventory transparency; data and analytics to enhance
evidence-based policy decisions and risk mitigation
strategies; elasticity to readily scale responses; modeling
and simulation to plan and exercise; supply chain risk
management, including the identification and mitigation of
over-reliance on foreign sources of critical supplies; and
revolving inventory management. The agreement directs the
submission of a report and a briefing on these efforts,
including a timeline of key activities and an update on
activities required by Executive Order 14001, within 60 days
of enactment of this Act.
Replenishing Personal Protective Equipment (PPE).--The
agreement notes with concern the emergence of counterfeit PPE
products in the U.S. healthcare system and the critical need
to boost domestic PPE manufacturing. The agreement urges the
Secretary to develop a long-term sustainable procurement plan
that gives preference to and results in purchases from
domestic manufacturers of PPE and PPE raw materials.
ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH
The agreement includes $1,000,000,000 and bill language to
establish the Advanced Research Projects Agency for Health
within the Office of the Secretary.
General Provisions
Prevention and Public Health Fund.--The agreement includes
the following allocation of amounts from the Prevention and
Public Health Fund.
PREVENTION AND PUBLIC HEALTH FUND
------------------------------------------------------------------------
FY 2022
Agency Budget Activity Agreement
------------------------------------------------------------------------
ACL............................... Alzheimer's Disease $14,700,000
Program.
ACL............................... Chronic Disease Self- 8,000,000
Management.
ACL............................... Falls Prevention.... 5,000,000
CDC............................... Hospitals Promoting 9,750,000
Breastfeeding.
CDC............................... Diabetes............ 52,275,000
CDC............................... Epidemiology and 40,000,000
Laboratory Capacity
Grants.
CDC............................... Healthcare 12,000,000
Associated
Infections.
CDC............................... Heart Disease & 57,075,000
Stroke Prevention
Program.
CDC............................... Million Hearts 4,000,000
Program.
CDC............................... Office of Smoking 127,850,000
and Health.
CDC............................... Preventative Health 160,000,000
and Health Services
Block Grants.
CDC............................... Section 317 419,350,000
Immunization Grants.
CDC............................... Lead Poisoning 17,000,000
Prevention.
CDC............................... Early Care 4,000,000
Collaboratives.
SAMHSA............................ Garrett Lee Smith- 12,000,000
Youth Suicide
Prevention.
------------------------------------------------------------------------
The agreement modifies a provision related to NIH
facilities.
The agreement modifies a provision to rescind unobligated
balances.
The agreement includes a new provision related to
facilities at CDC.
The agreement includes a new provision related to the Ryan
White HIV/AIDS program.
The agreement includes a new provision related to grantee
notifications to the NIH Director.
The agreement includes a new provision related to the CDC
Undergraduate Public Health Scholars Program.
The agreement includes a new provision related to Building
T-44 at the National Institutes of Health.
TITLE III
DEPARTMENT OF EDUCATION
School Improvement Programs
Alaska Native Education Equity.--The Department is directed
to make every effort to ensure that grants are awarded well
in advance of the school year, to maximize grantees' ability
to hire the necessary staff and have their programs in place
by the start of Alaska's school year in mid-August. The
Department is directed to ensure that Alaska Native Tribes,
Alaska Native regional non-profits, and Alaska Native
corporations have the maximum opportunity to compete
successfully for grants under this program by providing these
entities multiple opportunities for technical assistance in
developing successful applications for these funds, both in
Alaska and through various forms of telecommunications.
Finally, the Department is encouraged to include as many peer
reviewers as possible who have experience with Alaska Native
education and Alaska generally on each peer review panel.
Rural Education.--The agreement directs the Department, in
collaboration with the U.S. Census Bureau, to provide a
briefing and related material for the authorizing and
appropriations Committees of Congress within 180 days of
enactment of this Act that includes: analysis of the accuracy
and effectiveness of U.S. Census Bureau's Small Area Income
and Poverty Estimates as a measurement of student enrollment
from families with incomes below the poverty line for the
Rural and Low-Income School (RLIS) and Small Rural Schools
Achievement programs; analysis of the accuracy and
effectiveness of other poverty measurements, including State-
provided poverty data for measuring student enrollment from
families with incomes below the poverty line for the RLIS and
Small Rural Schools Achievement programs; and any
recommendations for improving measurements of poverty in
rural local educational agencies (LEAs).
Student Support and Academic Enrichment Grants Technical
Assistance and Capacity Building.--The reservation for
technical assistance (TA) and capacity building should be
used to support state educational agencies (SEAs) and LEAs in
carrying out authorized activities under this program
identified by SEAs and LEAs, which may include support for
fostering school diversity efforts across and within school
districts. The Department is directed to prioritize its TA
and capacity building support for SEAs and LEAs seeking to
address such school diversity needs. In future Congressional
Justifications, the Department shall continue to provide
current and planned expenditures for this reservation and
include a plan for how resources will be spent to provide TA
and to build the capacity of SEAs and LEAs.
Indian Education
National Activities.--The increase for National Activities
will support additional awards under a new Native American
Language Immersion competition and a new award under the
State-Tribal Education Partnership program for up to five
years.
Funds for the Native American Language Immersion program
should continue be allocated to all types of eligible
entities, including both new and existing language immersion
programs and schools, to support the most extensive possible
geographical distribution and language diversity. Further,
the Department should continue to give the same consideration
to applicants that propose to provide partial immersion
schools and programs as to full immersion, as the local
Tribes, schools, and other applicants know best what type of
program will most effectively assist their youth to succeed.
Innovation and Improvement
Education Innovation and Research (EIR).--Within the total
for EIR, and including continuation awards, the agreement
includes $82,000,000 to provide grants for social and
emotional learning (SEL) and $82,000,000 for Science,
Technology, Education, and Math (STEM) and computer science
education activities. Within the STEM and computer science
set-aside, awards should expand opportunities for
underrepresented students such as minorities, girls, and
youth from families living at or below the poverty line to
help reduce the enrollment and achievement gap. To fulfill
both set-asides, the agreement supports the prioritization of
high-quality SEL and STEM proposals for both the early- and
mid-phase evidence tiers. The agreement encourages the
Department to take steps necessary to ensure the statutory
set-aside for rural areas is met and that EIR funds are
awarded to diverse geographic areas. The agreement expects
the remainder of EIR funds to continue to support diverse and
field-initiated interventions, rather than a single
nationwide program or award focused solely on one area of
educational innovation.
Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out an EIR competition. In addition, the Department
shall provide a briefing and notice of grant awards to the
Committees at least seven days before grantees are announced.
[[Page H2686]]
Statewide Family Engagement Centers.--The agreement
provides increased funding for the Department to make new
awards to States under this program that prioritize the use
of funds for evidence-based activities and focus on
underserved students.
Supporting Effective Educator Development (SEED).--Within
SEED, the Department is directed to support professional
development that helps educators incorporate SEL practices
into teaching, and to support pathways into teaching that
provide a strong foundation in child development and
learning, including skills for implementing SEL strategies in
the classroom through a competitive preference priority
(CPP). The share of maximum points for the SEL CPP, out of
the total maximum CPP points in the fiscal year 2022
competition, should be no less than the share of CPP points
the SEL priority represented in the fiscal year 2020
competition.
In addition, the SEED program is an ideal vehicle for
helping ensure that more highly trained school leaders are
available to serve in traditionally underserved LEAs.
Therefore, the Secretary shall continue to include an
absolute priority to support the preparation of principals
and other school leaders in the fiscal year 2022 competition.
Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out a SEED competition. In addition, the Department
shall provide a briefing and notice of grant awards to the
Committees at least seven days before grantees are announced.
Arts in Education National Program.--The Department is
directed to adhere to the applicable requirements of ESEA,
including the statutory priority for eligible national
nonprofit organizations ``of national scope'', in
administering this competition. The Secretary is directed to
award prior experience points to applicants that have
conducted an Arts in Education National Program project
during budget periods 2018-19, 2019-20, and 2020-21.
Community Project Funding/Congressional Directed
Spending.--The agreement includes $140,480,000 for the
projects, and in the amounts, specified in the table
``Community Project Funding/Congressionally Directed
Spending'' included in this explanatory statement
accompanying this division.
Safe Schools and Citizenship Education
School Safety National Activities
The agreement includes $201,000,000 for national
activities, an increase of $95,000,000 which shall be used by
the Department as described in this statement. If non-
competitive continuation awards are lower than anticipated,
or resources become available for another reason, the
Department is directed to use funds only for activities
described in this statement or for Project SERV.
Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out any new competition funded within School Safety
National Activities. In addition, the Department shall
provide a briefing and notice of grant awards to the
Committees at least seven days before grantees are announced.
Project Prevent.--The agreement includes $5,000,000 for new
awards for Project Prevent grants to increase the capacity of
LEAs to serve students exposed to violence in their
communities.
School-based Mental Health Professionals.--The agreement
includes $55,000,000, an increase of $45,000,000 over the
fiscal year 2021 enacted level, for the Mental Health
Services Professional Demonstration Grants program
established in the Department of Education Appropriations
Act, 2019 and $56,000,000, an increase of $45,000,000 over
the fiscal year 2021 enacted level for the School-Based
Mental Health Services Grants program established in the
Department of Education Appropriations Act, 2020.
The agreement does not expand the scope of these grants to
include school nurses; however, the agreement helps address
these urgent needs through increased support for School-based
Health Centers administered by the Health Resources &
Services Administration.
Promise Neighborhoods
The agreement provides a portion of funds for the first
year of two-year extension grants to high quality Promise
Neighborhood programs that have demonstrated positive and
promising results through their initial implementation grant
to strengthen grantee community's abilities to scale city and
regional reinvestment strategies and allow for direct
pipeline services. The Department shall provide a briefing on
implementation plans for the Promise Neighborhoods program
not later than 14 days prior to issuing a notice inviting
applications for new awards or extension grants.
Special Education
Education Materials in Accessible Formats for Students with
Visual Impairments.--The agreement provides no less than
$9,000,000 for a new Educational Materials in Accessible
Formats for Children and Students with Visual Impairments and
Print Disabilities competition. The Department is encouraged
to continue to expand this program's reach to K-12 students
in underserved areas, further support eligible students
enrolled in postsecondary schools, and expand or enhance
models for postsecondary schools to produce and disseminate
accessible educational materials and textbooks that align
with the key recommendations from the Advisory Commission on
Accessible Instructional Materials in Postsecondary Education
for Students with Disabilities.
Rehabilitation Services
Disability Innovation Fund (DIF).--The agreement provides
that up to 15 percent of the amounts available for the DIF
may be used for evaluation and technical assistance. The
agreement requests the Department submit a plan to the
Committees for proposed evaluation and technical assistance
activities within 90 days of enactment of this Act. In
addition, the Departments of Education and Labor shall brief
the Committees on Appropriations; the Committee on Health,
Education, Labor, and Pensions of the Senate; the Committee
on Education and Labor of the House of Representatives; the
Committee on Finance of the Senate; and the Committee on Ways
and Means of the House of Representatives, within 120 days of
enactment of this Act, on its plans for implementation and
uses of DIF funds and provide updates annually thereafter on
implementation.
Community Project Funding/Congressional Directed
Spending.--The agreement includes $2,325,000 for the
projects, and in the amounts, specified in the table
``Community Project Funding/Congressionally Directed
Spending'' included in this explanatory statement
accompanying this division.
Special Institutions for Persons with Disabilities
American Printing House for the Blind.--The agreement
includes $6,000,000, an increase of $3,000,000, to continue
and expand the Center for Assistive Technology Training
regional partnership established in fiscal year 2019.
National Technical Institute for the Deaf (NTID).--The
agreement includes $9,500,000, an increase of $3,000,000, to
continue and expand NTID's current Regional STEM Center.
Gallaudet University.--The agreement includes $6,500,000,
an increase of $3,000,000, to continue and expand the current
regional partnership through the Early Learning Acquisition
Project.
Career, Technical, and Adult Education
Adult Education National Leadership Activities.--The
agreement encourages the Department to support technical
assistance that will help build the evidence-base of adult
education programs, including supporting States in
prioritizing rigorously evaluated programs.
Student Financial Assistance
Pell Grants.--The agreement increases the maximum award by
$400, to a total, including discretionary and mandatory
funding, of $6,895 in academic year 2022-2023.
Federal Work Study.--Within the total for Federal Work
Study, the agreement includes $10,829,000, for the Work
Colleges program authorized under section 448 of the Higher
Education Act (HEA).
Student Aid Administration
Student Loan Servicing.--The agreement includes
$2,033,943,000 for Student Aid Administration. Over the last
several years, Congress has provided significant funding to
support the implementation of the Next Gen initiative and the
move towards a long-term servicing solution. While some
progress has been made to improve loan servicing for
borrowers, there is still no long-term servicing solution in
place. Therefore the agreement continues to include bill
language requiring the Office of Federal Student Aid to
submit a detailed spend plan of anticipated uses of funds and
to provide quarterly updates on its progress towards
fulfilling the spend plan. The agreement also continues a
provision to provide, at a minimum, quarterly briefings to
the authorizing and appropriations committees on progress
related to solicitations for Federal student loan servicing
contracts.
Higher Education
International Education and Foreign Language Studies
Domestic Programs.--The agreement includes no less than
$500,000 to establish a Native American Language Resource
Center under the Language Resource sections 601 and 603 of
the HEA to be administered by the Office of Indian Education.
Minority Science and Engineering Improvement
The agreement is supportive of efforts by the Department to
prioritize awards to HBCUs for the establishment of Aviation
and Aerotechnology programs.
Federal TRIO Programs
The agreement directs the Department to allocate increases
to each TRIO program, which may include funding down the
slate of unfunded high-quality applications from the Student
Support Services competition held in fiscal years 2020 and
Talent Search and Educational Opportunity Centers
competitions in fiscal year 2021. Further, such grantees
shall be eligible for prior experience points for
demonstrated performance outcomes in subsequent competitions.
The agreement directs the Department to include estimated
funding for each TRIO program in the operating plan required
under section 516 of this Act.
GEAR UP
In addition to the directives included under this heading
in House Report 117-96, in making new awards, the Department
shall ensure that not less than 33 percent of the new award
funds are allocated to State awards, and that not less than
33 percent of the new award funds are allocated to
Partnerships awards, as described in section 404(b) of the
HEA.
[[Page H2687]]
Child Care Access Means Parents in Schools (CCAMPIS)
The agreement lifts the statutory cap on grant awards to
institutions of higher education, to more accurately reflect
the costs of providing high-quality, convenient child care
options for students. The agreement encourages the Department
to consider using a portion of these funds to provide
supplemental grants to current grantees, consistent with a
higher grant award cap.
Fund for the Improvement of Postsecondary Education (FIPSE)
The agreement includes $76,000,000 for FIPSE which shall be
used by the Department as described in this statement. If
non-competitive continuation awards are lower than
anticipated, or resources become available for another
reason, the Department is directed to use funds only for
activities described in this statement.
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Augustus F. Hawkins Center of Educational Excellence.... $8,000,000
Basic Needs Grants...................................... 8,000,000
Centers of Excellence for Veterans Student Success 8,500,000
Program................................................
Center of Excellence in Spatial Computing............... 2,000,000
Digital Learning Infrastructure and IT Modernization 4,000,000
Pilot..................................................
Modeling and Simulation Programs........................ 8,000,000
Open Textbook Pilot..................................... 11,000,000
Postsecondary Student Success Grants.................... 5,000,000
Rural Postsecondary and Economic Development Grant 20,000,000
Program................................................
Transitioning Gang-Involved Youth to Higher Education... 1,500,000
------------------------------------------------------------------------
Augustus F. Hawkins Centers of Excellence.--The agreement
includes $8,000,000 to support grantees for the Hawkins
Centers of Excellence program, as authorized by section 242
of the HEA, with up to $3,000,000 to support teaching
assistant initiatives at HBCUs and MSIs that have
partnerships with high-need LEAs.
Basic Needs Grants.--The agreement includes $8,000,000 for
this activity described under this heading in House Report
117-96; however, at least 25 percent of grants must go to
community colleges and at least 25 percent must go to four-
year Historically Black Colleges and Universities (HBCUs),
Hispanic Serving Institutions (HSIs), and other Minority
Serving Institutions (MSIs). Grant priority will go to
institutions with 25 percent or higher Pell enrollment.
Centers of Excellence for Veterans Student Success
Program.--The agreement includes $8,500,000 for this activity
described under this heading in House Report 117-96.
Center of Excellence in Spatial Computing.--The agreement
includes $2,000,000 for this activity described under this
heading in House Report 117-96.
Digital Learning Infrastructure and IT Modernization
Pilot.--The agreement includes $4,000,000 to support IT
modernization at HBCUs and MSIs, including technical
assistance and partnerships with HBCUs and MSI to improve
their digital learning infrastructure.
Modeling and Simulation Programs.--The agreement includes
$8,000,000 for this activity described under this heading in
House Report 117-96.
Open Textbook Pilot.--The agreement includes $11,000,000 to
continue the Open Textbook Pilot. This includes funding to
fully fund all continuation grants and support a new grant
competition in fiscal year 2022. The Department is directed
to issue a notice inviting applications and allow for a 60-
day application period. This funding should support a
significant number of grant awards with the same terms and
conditions as specified for this activity in the fiscal year
2021 notice and House Report 117-96.
Postsecondary Student Success Grants.--The agreement
includes $5,000,000 for a new Postsecondary Student Success
Grants program, to support evidence-based activities to
improve postsecondary retention and completion rates.
Rural Postsecondary and Economic Development Grant
Program.--The agreement includes $20,000,000 for the Rural
Postsecondary Economic Development Grant program. The
Department is directed to make additional awards to quality
applicants from the competition in fiscal year 2021. Such
awards should be completed within 90 days of enactment of
this Act.
Transitioning Gang-Involved Youth to Higher Education.--The
agreement includes $1,500,000 for this activity described
under this heading in House Report 117-96.
National Center for College Students with Disabilities.--
The National Center for College Students with Disabilities
should continue to provide technical assistance and best
practice information about disability as students transition
to institutions of higher education, collect information and
research on disability services on college campuses, and
report to the Department about the status of college students
with disabilities in the United States.
Community Project Funding/Congressional Directed Spending
The agreement includes $249,400,000 for the projects, and
in the amounts, specified in the table ``Community Project
Funding/Congressionally Directed Spending'' included in this
explanatory statement accompanying this division.
Howard University
The agreement includes $344,018,000 for Howard University.
Within the total, the agreement includes $100,000,000 to
support construction of a new hospital.
Institute of Education Sciences (IES)
Administrative Expenses.--The agreement provides an
appropriation for administrative expenses directly to IES
which had previously received such support through an
appropriation controlled by the Secretary.
Assessment.--The agreement provides $180,000,000 to support
the current assessment schedule for the National Assessment
of Educational Progress, including administration in 2022 of
the Civics and U.S. History assessment in 8th grade at the
national level; necessary research and development needed to
maintain assessment quality, integrity and continuity, and
achieve efficiencies; and maintain plans for the
administration of a State-level Civics assessment in future
years. The National Assessment Governing Board and IES should
continue to consult with the authorizing and appropriations
committees of Congress as it considers strategies in
achieving cost efficiencies in and upgrades of its assessment
program. Further, the agreement directs the Department to
describe implemented and planned strategies for cost
efficiencies and necessary research and development projects
in future Congressional Justifications.
National Board for Education Sciences (NBES).--The
agreement notes that NBES has been without members for an
extended timeframe; as a consequence, NBES has been unable to
fulfill key statutory duties such as providing
recommendations to the Director of IES on strengthening
education research, relevance and use, and regularly
evaluating the work of the Institute. The agreement requests
the Department provide information in future Congressional
Justifications regarding its plans for NBES.
Operating Plan.--The agreement directs the Director to
submit an operating plan within 90 days of enactment of this
Act to the Committees detailing how IES plans to allocate
funding available to the Institute for research, evaluation,
statistics, administration and other activities.
Departmental Management
Centers for Interconnected Behavioral and Mental Health
Systems.--The agreement urges the Department to work with the
Department of Health and Human Services to support expanded
access to mental health services for children and
adolescents, including through school-based health centers.
The Department should consider how regional research centers
on positive behavioral interventions and supports (PBIS) and
school-based mental health services could work with the
existing National Technical Assistance Center on PBIS and
existing school-based health centers across the country to
support such expanded access, including through the study and
greater of implementation of the Interconnected Systems
Framework. The Department should be prepared to discuss its
plans during hearings on the fiscal year 2023 budget held by
the Committees.
ESEA Per Pupil Spending Reporting.--The Department is
directed to continue efforts to support the ESEA requirement
for per-pupil expenditure reporting for all States and school
districts in the Nation. The agreement requests an update on
these efforts in the next Congressional Justification, which
should include actions taken and planned to support the full
implementation of this requirement and efforts to improve the
accessibility, quality, and utility of this information.
Menstrual Hygiene Products.--The agreement encourages the
Department of Education, in consultation with the Department
of Health and Human Services, to provide technical assistance
and share best practices with institutions of higher
education seeking to expand access to menstrual products for
postsecondary students.
Office of English Language Acquisition.--The Department is
directed to provide a briefing to the Committees and
authorizing committees not later than 180 days after
enactment of this Act on the Department's plans to support
the organizational responsibilities among its Office of
Elementary and Secondary Education and Office of English
Language Acquisition to improve support for English learners
and their educators, including through federal technical
assistance. The Department is expected to be prepared to
identify plans for supporting effective instructional
educational programs, including bilingual and dual language
approaches, implemented at the discretion of SEAs and LEAs
and addressing the needs of English learners (ELs) who are
also older students, classified as ELs for an extended amount
of years, and ELs who are also students with disabilities.
School Improvement.--The Department is directed to provide
a briefing to the Committees and authorizing committees not
later than 90 days after enactment of this Act on the
Department's actions and plans for addressing the challenges
identified in GAO's report on school improvement and
assisting SEAs and LEAs with implementing the school
improvement requirements of ESEA.
General Provisions
The agreement continues authority for pooled evaluation
authority.
The agreement continues a provision regarding endowment
income.
The agreement continues authority for the National Advisory
Committee on Institutional Quality and Integrity.
The agreement continues authority for account maintenance
fees.
The agreement modifies a provision rescinding unobligated
discretionary balances previously appropriated for the Pell
grant program.
The agreement modifies a provision rescinding fiscal year
2021 mandatory funding
[[Page H2688]]
to offset the mandatory costs of increasing the discretionary
Pell award.
The agreement includes a new provision allowing up to 0.5
percent of funds appropriated in this Act for programs
authorized under the HEA, except for the Pell Grant program,
to be used for evaluation of any HEA program.
The agreement includes a new provision providing an
additional amount for the projects, and in the amounts, as
specified in the table titled Community Project Funding/
Congressionally Directed Spending in the explanatory
statement accompanying this division.
The agreement modifies a provision regarding cohort default
rates.
The agreement includes a new provision rescinding fiscal
year 2021 unobligated balances.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
The agreement supports The Committee for Purchase From
People Who Are Blind or Severely Disabled's (the Commission)
intent to discontinue requiring Central Nonprofit Agencies
(CNA) to report to the Commission prior to any significant
meetings and directs the Commission to ensure that the
requirement is removed from all CNA agreements.
Requested Reports.--The Commission shall submit, upon
request by any of the Committees of jurisdiction, the reports
described under this heading in House Report 115-244. Any
such report shall be due no later than 60 days after the
request. The agreement requests ``Report 1'' as described
under this heading in House Report 115-244 within 60 days of
the close of the fiscal quarter. Such report shall include a
summary of total fees and price (contract total) by nonprofit
agency. The agreement requests ``Report 2'' as described
under this heading in House Report 115-244 for the fiscal
year due within 60 days of the close of the fiscal year.
Corporation for National and Community Service (CNCS)
OPERATING EXPENSES
Innovation, Demonstration, and Assistance Activities.--The
agreement includes $9,888,000 for innovation, assistance, and
other activities. The agreement includes $6,558,000 for the
Volunteer Generation Fund, $2,165,000 for the September 11th
National Day of Service and Remembrance, and $1,165,000 for
the Martin Luther King, Jr. National Day of Service.
Service Learning.--The agreement encourages CNCS to
continue to be a convener of the important work surrounding
service learning. The agreement requests a report not later
than 120 days after enactment of this Act detailing the steps
necessary to restart service learning programs such as Summer
of Service and Semester of Service on a broader scale.
Commission Investment Fund (CIF).--The agreement includes
no less than the fiscal year 2021 level for the CIF.
AmeriCorps Competitive Grants.--When establishing priority
areas for national service resources in future fiscal years,
the agreement encourages CNCS to prioritize awards to
organizations that provide services to support individuals
seeking recovery from substance use disorders, including
programs employing recovery coaching.
Public Awareness Campaign.--The National Commission on
Military, National, and Public Service recently submitted its
final report and recommendations, which included proposals
for a national awareness campaign that informs the public
about the various military, national, and public service
opportunities available to them and ways to increase
participation. The agreement directs CNCS to collaborate with
the Department of Defense, the Office of Personnel
Management, the Peace Corps, and the US Public Health Service
Commissioned Corps on developing a strategy for a public
awareness campaign on service opportunities.
General Provisions
The agreement includes a new provision related to VISTA
education awards.
Institute of Museum and Library Services
The agreement includes funds for the following activities:
------------------------------------------------------------------------
FY 2022
Budget Activity Agreement
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States...................................... $168,803,000
Native American Library Services...................... 5,263,000
National Leadership: Libraries........................ 13,406,000
Laura Bush 21st Century Librarian..................... 10,000,000
Museum Services Act:
Museums for America................................... 27,899,000
Native American/Hawaiian Museum Services.............. 2,272,000
National Leadership: Museums.......................... 8,113,000
African American History and Culture Act:
Museum Grants for African American History & Culture.. 5,231,000
National Museum of the American Latino Act:
Museum Grants for American Latino History & Culture... 4,000,000
Research, Analysis, and Data Collection............... 4,513,000
Program Administration................................ 18,500,000
---------------
Total................................................. 268,000,000
------------------------------------------------------------------------
PROGRAM ADMINISTRATION
The agreement includes $2,000,000 for the creation of an
information literacy taskforce tasked with developing
guidance, instructional materials, and national strategies on
information literacy, including, at minimum, the creation of
a website to disseminate best practices on information
literacy and toolkits specially designed to help people of
all ages understand, evaluate, and discern the reliability
and accuracy of information. The website shall serve as a
clearinghouse for information on literacy programs, offer
strategies and tools tailored to both native and non-native
English speakers and communities, coordinate information on
Federal initiatives, programs, grants, publications, and
materials promoting enhanced information literacy, and offer
such other information as the Taskforce finds appropriate in
the fulfilment of its purpose. The Taskforce shall take steps
necessary to coordinate and promote information literacy
efforts across departments and agencies throughout the
Federal government and with libraries and museums at the
State and local level, including promoting partnerships among
Federal, State, and local governments, nonprofit
organizations, and private enterprises.
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
The agreement continues to direct the Railroad Retirement
Board to provide a comprehensive update on the implementation
of the agency's information technology systems modernization
effort, including timeline to completion, anticipated and
actual project costs, obligations to date, and related
contracts. Such annual update is requested not later than 180
days after enactment of this Act and should provide
information for each fiscal quarter.
Social Security Administration (SSA)
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes an increase of $411,000,000 for
SSA's administrative expenses.
Disability Backlogs.--The agreement recognizes that the
pandemic disrupted progress SSA made with its disability
hearings backlog. The agreement notes the adverse impacts
disability hearings backlogs have on an individual's ability
to access their Social Security benefits. Accordingly, the
agreement urges the Commissioner to prioritize the hiring of
administrative law judges and requisite staff to adjudicate
backlogged claims. In addition, the agreement directs the
Commissioner to continue to prioritize efforts to reduce wait
time disparities across the country by directing resources
and workload assistance, as necessary, to areas with greatest
need. Further, the agreement requests quarterly reports on
efforts to reduce the hearings backlog for Hearing Offices in
the bottom twenty of national ranking by average processing
time.
The pandemic has also contributed to a backlog of initial
disability claims that also has significant negative impacts
on individuals waiting on their Social Security benefits, and
that will only put more pressure on the disability hearings
process in future years. The agreement requests a briefing
within 90 days of enactment of this Act, and quarterly
thereafter, on SSA's plan for reducing the initial disability
claims and hearings backlogs, including estimates of the
resources needed to do so.
Evaluation and Statistics Retirement and Disability
Research Consortium (RDRC).--The agreement directs SSA to
increase funding at all four centers to allow for an increase
in the number of projects across the RDRCs.
Improving Ticket to Work Administration and Reducing
Overpayments.--The agreement supports agency efforts to
improve administrative processes that reduce overpayments,
including in the Ticket to Work program, which can create
significant challenges as beneficiaries attempt to return to
work. SSA is directed to brief the Committees within 90 days
of enactment of this Act on planned efforts in this area.
Mailing Paper Statements.--The agreement urges SSA to mail
paper statements to all contributors aged 25 and older in
accordance with Section 1143 of the Social Security Act.
Occupational Information System (OIS).--The agreement
continues to direct SSA to include it its annual report on
OIS sufficient details, including a timeline, on plans to
fully implement OIS in coming years.
Work Incentives Planning and Assistance (WIPA) and
Protection and Advocacy for Beneficiaries of Social Security
(PABSS).--The agreement includes $23,000,000 for WIPA grants
and $10,000,000 for PABSS.
Social Security Administration (SSA)
OFFICE OF INSPECTOR GENERAL (OIG)
Combating Social Security Impersonation Scams.--According
to the SSA OIG, there has been a significant increase in
Social Security impersonation scams in recent years. While
the OIG has made progress in combating these scams, the
agreement encourages the OIG to continue to prioritize
working with SSA to increase awareness of this scam and to
pursue the criminals perpetrating this fraud.
TITLE V
General Provisions
The agreement modifies a provision related to Performance
Partnerships.
The agreement modifies a provision to rescind unobligated
balances.
The agreement includes a new provision related to
evaluation funding flexibility.
The agreement includes a new provision related to the
Higher Education Emergency Relief Fund.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or
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this explanatory statement, along with the name of each House
Member, Senator, Delegate, or Resident Commissioner who
submitted a request to the Committee of jurisdiction for each
item so identified. For each item, a Member is required to
provide a certification that neither the Member nor the
Member's immediate family has a financial interest, and each
Senator is required to provide a certification that neither
the Senator nor the Senator's immediate family has a
pecuniary interest in such congressionally directed spending
item. Neither the bill nor the explanatory statement contains
any limited tax benefits or limited tariff benefits as
defined in the applicable House and Senate rules.
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DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2022
The following is an explanation of the effects of Division
I, which makes appropriations for the legislative branch for
fiscal year 2022. The joint explanatory statement
accompanying this division is approved and indicates
congressional intent. Unless otherwise noted, the language
set forth in House Report 117-80 carries the same weight as
language included in this joint explanatory statement and
shall be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some
language is repeated for emphasis, this explanatory statement
does not intend to negate the language referred to above
unless expressly provided herein.
Reprogramming Guidelines.--House Report 117-80 language
regarding reprogramming guidelines is modified to clarify
that all legislative branch agencies are expected to notify
the Committees on Appropriations of the House and the Senate
(hereinafter ``the Committees'') of any significant
departures from budget plans presented to the Committees in
any agency's budget justifications. Agencies funded through
this act are required to notify the Committees prior to any
reprogramming of funds in excess of the lesser of 10 percent
or $750,000 between programs, projects or activities, or in
excess of $750,000 between object classifications (except for
shifts within the pay categories, object class 11, 12, and
13, or as further specified in each agency's respective
section). This includes cumulative reprogrammings that
together total at least $750,000 from or to a particular
program, activity, or object classification as well as
reprogramming full-time equivalents (FTE) or funds to create
new organizational entities within the agency or to
restructure entities that already exist. In addition, the
Committees must be notified of reprogramming actions that
involve less than the above-mentioned amounts if such actions
would have the effect of changing an agency's funding
requirements in future years or if programs or projects
specifically cited in the Committees' reports are affected.
Prior to initial obligation or reallocation of funds, all
congressional reprograming notifications shall, to the
maximum extent practicable, contain detailed information
about the sources of the funds and why such funds are no
longer intended to be used as previously justified.
All reports are required to be completed in the timeframe
noted in each respective directive. Moreover, the Committees
expect that the conditions associated with funding
appropriated by this act shall be accomplished in the manner
as directed in the report, consistent with congressional
intent.
Cyber and Physical Data Security.--The agreement modifies
House Report 117-80 language in regards to Cyber and Physical
Data Security. Legislative branch agencies should consider
proactive steps to protect critical Information Technology
(IT) infrastructure, including prevention of cyberattacks,
secure data storage, and ensuring continuity of government
operations. The Committees recommend that, as part of their
production, redundant, and backup network architecture
solutions, legislative branch agencies utilize computing and
cloud facilities designed for concurrent maintainability
(equivalent to ANSI/TIA-942-A, or Uptime Institute Tier III
standards and industry best practices), and also consider
geographic diversity. Additionally, each legislative branch
agency is directed to submit an action plan within 90 days of
enactment of this act detailing a schedule, cost, and
implementation plan ensuring robust, secure, and resilient
data center infrastructure for agency IT systems and data.
Cybersecurity for the Legislative Branch.--The agreement
includes funding requested by legislative branch agencies in
fiscal year 2022 to strengthen cyber defenses.
Full-Time Equivalents.--The agreement directs that budget
justifications sent by legislative branch agencies to the
Committees shall include a comparison of FTE based on the
number of FTE supported by the funding provided in the
currently enacted appropriations act and the number of FTE
that would be supported by the funding requested for the
following fiscal year.
Good Accounting Obligation in Government Act.--The Good
Accounting Obligation in Government Act, or GAO--IG Act
(Public Law 115-414) requires that each Federal agency,
including the agencies of the legislative branch, include an
accounting of any public recommendations by the Government
Accountability Office or the agency's Office of Inspector
General that have not yet been implemented, and the timeframe
for implementation. It is expected that each agency in this
bill include such a report in its fiscal year 2023
congressional budget justification.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
directs the Attorney General to ensure implementation of
evidence-based training programs on de-escalation and the
use-of-force, as well as on police community relations, and
the protection of civil rights, that are broadly applicable
and scalable to all Federal law enforcement agencies. The
agreement further notes that several agencies funded by this
act employ Federal law enforcement officers and are Federal
Law Enforcement Training Centers partner organizations. The
agreement directs such agencies to consult with the Attorney
General regarding the implementation of these programs for
their law enforcement officers. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations on their efforts relating to such
implementation no later than 180 days after consultation with
the Attorney General. In addition, the agreement directs such
agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the Federal Bureau of Investigation regarding
participation in the National Use-of-Force Data Collection.
The agreement further directs such agencies to submit a
report to the Committees on Appropriations, no later than 180
days after enactment of this Act, on their efforts to so
participate.
Motorized Micromobility Devices on Capitol Grounds.--Unless
the Capitol Police Board elects to amend the Code of Traffic
Regulations for the United States Capitol Grounds, the U.S.
Capitol Police (USCP) and the Sergeants at Arms (SAAs) are
expected to continue to follow the directives included in the
joint explanatory statement to accompany Division D of Public
Law 116-94 regarding the Capitol Grounds and dockless
commercial scooters, or e-scooters, and other motorized
devices for rent. Recognizing that such devices serve as
popular commuting options for congressional staff, tourists,
and other visitors to the District of Columbia and Capitol
Grounds, the USCP, SAAs, and the Architect of the Capitol
(AOC) are encouraged to engage with the District's Department
of Transportation and shared micromobility companies to
explore the feasibility of installing shared e-scooter
docking points, including hubs for parking and charging, at
designated locations adjacent to campus as determined by
USCP, SAAs, and the AOC to ensure rider convenience while not
creating a public safety risk on Capitol Grounds. Such
engagement should also explore ways to ensure that riders are
informed of Capitol Grounds' rules and regulations for proper
usage, including digital signage at each hub and within
companies' apps.
Offices of Inspectors General (OIG) Budgets.--Ensuring
independence between legislative branch OIGs and their
respective reporting agencies is important. Agencies are
expected to include a separate section reflecting a detailed
budget request for their OIGs within their fiscal year 2023
budget justifications. Each OIG is directed to keep the
Committees fully apprised of its funding needs. In addition,
each agency is directed to avoid interference with or require
approval for such communications between the OIG and the
Committees.
Preparing for Emergencies.--The impacts of the COVID-19
pandemic and the events of January 6 have placed financial
strain on legislative branch agencies. Each legislative
branch agency is encouraged to consider operational changes
to better position the agency financially, logistically, and
otherwise to prevent, prepare for, and respond to emergencies
and to update the Committees on any findings within 90 days
of enactment of this act.
Science and Technology Assistance for Congress.--Recent
investments have been made to strengthen the capacities of
the Government Accountability Office (GAO) and Congressional
Research Service (CRS) to provide Members and congressional
staff with timely, expert research, and policy analysis on
current and emerging legislative issues related to science
and technology (S&T) and Federal uses and oversight of S&T.
The agreement provides funding for both GAO and CRS to hire
additional staff for their specialized teams working on S&T
issues. GAO and CRS are encouraged to continue increasing
outreach efforts to make Members and congressional staff more
aware of the S&T resources they provide.
Zero-Based Budgeting.--The agreement reiterates House
Report 117-80 language regarding zero-based budgeting and
directs all agencies of the legislative branch to develop
budget requests from a zero-base.
TITLE I
SENATE
The agreement includes $1,094,893,574 for Senate
operations. This relates solely to the Senate and is in
accordance with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention.
Office of the Secretary.--The recommendation provides these
funds for salaries to the Secretary of the Senate without
apportionment in the interest of facilitating financial
management duties and restructuring that occurs from time to
time. The Senate Committee expects to be notified, in writing
and in a timely manner, of any changes to the staffing
levels, distribution of staff, or related funding.
Office of the Sergeant at Arms and Doorkeeper.--The
recommendation includes funding to enhance the IT help desk
experience in the Senate; continue implementation of a
Unified Communications system; and fully support the
continued initiative to expand the Senate's cybersecurity
capabilities. The Senate Committee expects to be updated
regularly as the Cybersecurity Department develops its
strategic plan to modernize and harden the Senate's cyber
defense.
The recommendation provides these funds to the Senate SAA
without apportionment in the interest of facilitating
financial management duties and restructuring that occurs
from time to time. The Senate Committee expects to be
notified, in writing and in a timely manner, of any changes
to the staffing levels, distribution of staff, or related
funding.
[[Page H2917]]
Employee Assistance Program.--The recommendation fully
funds the requested increase for the Senate SAA to expand
resources, including adding counselors and developing website
services, to meet increased demand and support the mental and
emotional health needs and well-being of the Senate
community.
Office Cybersecurity.--The Senate SAA is expected to
utilize funds provided for fiscal year 2022 to conduct third-
party cybersecurity auditing services and resiliency
assessments for all Senate offices and committees to protect
the privacy and integrity of office networks; provide
enhanced cybersecurity training for each Senate office;
institute protections against insider threats; and institute
and operationalize enhanced privacy protections within the
Senate network.
Cyber Care Awareness.--The Senate Committee remains aware
of the threat of hacking and cyberattacks on Senators and
staff, including on their personal devices and accounts. SAA
is working to improve personal cybersecurity, cyber
advisories, and cybersecurity best practice documents
tailored to personal devices and accounts. The SAA shall, in
coordination with the Senate Committee on Appropriations, the
Senate Committee on Rules and Administration, and Senate
majority and minority leadership, continue to explore ways--
including the options presented in the bipartisan Senators'
Personal Cybersecurity Working Group's report--in which it
may better provide voluntary cybersecurity support to any
Senator seeking assistance with their personal devices or
accounts under existing ethics, rules, appropriations,
statutory, and civil law, including whether investments in
additional IT hardware and software, additional personnel,
and additional guidelines are needed. SAA is also directed to
work with Members and staff to increase training
opportunities surrounding Member and staff travel abroad.
Office of the Legislative Counsel of the Senate.--The
recommendation provides $7,353,000 for the Office of the
Legislative Counsel of the Senate, which will allow the
office to hire three attorneys and one staff assistant in
fiscal year 2022 to meet the increasing demand by personal
offices and committees for help in drafting complex and
lengthy legislative proposals of the quality and at the pace
that the Senate requires.
Secretary of the Senate Contingent Expenses.--The
recommendation provides funds for expenses to the Secretary
of the Senate without apportionment in the interest of
facilitating financial management duties and restructuring
that occurs from time to time. The Secretary of the Senate is
expected to notify the Senate Committee in writing and in a
timely manner of any cumulative changes in excess of 10
percent to the funding levels between programs, projects, or
activities.
Senators' Records.--As with the past two fiscal years, the
Senate Committee notes the continuing importance of
preserving the records of currently serving Senators to
ensure a full historical record of a Senator's service. The
Consolidated Appropriations Act of 2021 (Public Law 116-95)
directed the Secretary of the Senate to provide a report
detailing, among other things, ways in which the Secretary
can further support the archiving needs of Senators,
particularly with regard to preserving digital records,
including partnering with public institutions designated as
repositories of Senators' records. The Committee agrees with
the Secretary that more can be done to ensure the
preservation of Senators' records and the donation of such
records to research institutions to make them available at an
appropriate time. To that end, the Senate Committee
encourages Senators' offices to utilize all available Senate
resources to ensure that such records are ready for
preservation upon retirement. The Senate Committee recognizes
the significant burdens and challenges that archiving efforts
place on Senators' offices and provides $10,000,000 to assist
with the proper archiving of official records. The funding
made available by this provision may be used by the Secretary
of the Senate, consistent with the recommendations in the
Secretary's report pursuant to Public Law 116-95, to assist
Deputy Archivists in providing additional records management
support to offices, further develop training programs to
guide staff on record-keeping procedures, and award
preservation partnership grants to educational institutions
chosen to serve as repositories of Senators' records.
Preservation partnership grants should not exceed $2,500,000,
and the availability of grants should be determined six
months after the date of enactment of this act, from
applications submitted to the Senate Historical Office by
repositories designated by currently serving Senators, in
order of the number of years of Senate records being
accessioned. Each request, upon entering an approved
agreement, shall be funded at the amount requested up to the
maximum award, until the grant fund has been fully
designated, and after considering funding for the processing
capabilities and other archiving assistance programs of the
Senate Historical Office as described above. The Senate
Committee directs the Secretary, after consultation with and
approval by the Senate Committee on Appropriations and the
Senate Committee on Rules and Administration, to enter into
agreements with each such grantee that requires the grantee
to assist the Senate Historical Office and the Senate
Archivist with the continued implementation of best practices
and guidance for the archiving of Senator's records in the
digital age, as directed by the Secretary.
Sergeant at Arms and Doorkeeper of the Senate Contingent
Expenses.--The recommendation provides funds for expenses to
the SAA without apportionment in the interest of facilitating
financial management duties and restructuring that occurs
from time to time. The Senate Committee expects to be
notified, in writing, in a timely manner, of any cumulative
changes in excess of 10 percent to the funding levels between
programs, projects or activities.
Hearing Room Audiovisual Equipment.--The recommendation
provides $4,000,000 in no-year funding to partially or fully
renovate two to four hearing rooms per year. The SAA is
expected to continue working with the AOC and the Senate
Committees on Appropriations and Senate Committee on Rules
and Administration to develop a replacement plan to avoid
equipment failure.
Unified Communications.--The recommendation provides
funding for the Senate SAA to continue implementation of the
Unified Communication and Collaboration (UCC) system. The SAA
is directed to provide semi-annual updates to the Senate
Committee on the development of the UCC system.
Anomalous Health Incidents.--Since 2016, at least 200
American personnel stationed overseas have experienced
mysterious, sudden, and troubling sensory Anomalous Health
Incidents (AHI), popularly known as ``Havana syndrome.'' An
urgent national security issue, the U.S. intelligence
community has launched two separate task forces to address
the issue, one investigating the cause and another focused on
finding specific technology that could detect or block
attacks. Given the SAA's role in Member security, the
Committee directs the SAA to engage fully with the task
forces and executive branch agencies, such as the Departments
of Defense and State, to monitor progress in this area and to
keep the Senate Committee informed about any new findings
related to causes and any new technologies developed to
protect individuals from attacks.
Sergeant at Arms Business Continuity and Disaster Recovery
(BCDR) Fund.--The recommendation provides $25,000,000 for a
new SAA BCDR fund, which was requested in fiscal year 2022 as
part of the expenses of the Office of the Sergeant at Arms
and Doorkeeper. Section 103 of this act provides for the
authorization of the BCDR fund. Funds for the BCDR shall
remain available until expended. The BCDR fund will allow the
Senate to develop and maintain continuity capabilities and
quickly meet unanticipated needs, including covering the cost
of IT disaster recovery planning and operations, business
continuity planning and operations, emergency communications,
and general contingency planning. This will allow the SAA to
better position the Senate to respond quickly to emergencies
and unanticipated and unfunded requirements. The ability to
allocate expiring funds, by way of transfer, will help
maintain the fund balance, and lessen the need to request
appropriations. The SAA shall provide an update to the Senate
Committee within 60 days of enactment of this act on any
identified uses for the funds in fiscal year 2022 and shall
provide a spending plan to the Senate Committee prior to
obligation of any funds.
Miscellaneous Items.--The agreement provides $23,021,500
for miscellaneous items. Any deviation of more than 10
percent cumulatively from the stated levels for each item
will require the customary prior approval of the Senate
Committee. The following table sets forth the apportionment
of funds under this appropriation:
[[Page H2918]]
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[[Page H2919]]
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[[Page H2920]]
Senate Intern Compensation.--In addition to funding
allocated in the table above for Senators' office allowances
and for agency contribution costs, the recommendation
provides $7,000,000 for the sole purpose of providing
financial compensation to interns. Any intern compensation
funding that remains unspent by any office will be returned
to the Treasury in accordance with section 101 of this act.
Such funding is directed to be allocated among Senators'
offices in relative proportion to funds allocated for each
office's administrative and clerical assistance allowance for
fiscal year 2022 shown in the table above, which reflect
natural variables including State populations, with a small
additional amount for non-contiguous states. On average, each
office will be allocated an estimated $70,000 for intern
compensation.
[[Page H2921]]
[GRAPHIC] [TIFF OMITTED] TH3001A.229
[[Page H2922]]
ADMINISTRATIVE PROVISIONS
The agreement provides for unspent amounts remaining in the
Senators' Official Personnel and Office Expense Account
(SOPOEA) to be used for deficit or debt reduction, makes
necessary adjustments to the SOPOEA allowance, and
establishes and authorizes the Senate Sergeant at Arms
Business Continuity and Disaster Recovery Fund.
HOUSE OF REPRESENTATIVES
The agreement includes $1,714,996,045 for House operations.
This item relates solely to the House and is in accordance
with long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention. The language included in House Report 117-80
should be complied with and carry the same emphasis as the
language included in the explanatory statement, unless
specifically addressed to the contrary in this explanatory
statement.
House Paid Internship Programs (for Committees).--The
recommendation expands the paid intern programs to provide
for paid internships with Committees in the House of
Representatives. The agreement includes $1,943,910 for the
Allowance for Compensation of Interns in House Standing,
Special and Select Committee Offices, including $971,955 for
the compensation of interns who serve in offices of the
majority and $971,955 for the compensation of interns who
serve in offices of the minority. In addition, the agreement
includes $345,584 for the Allowance for Compensation of
Interns in House Appropriations Committee Offices, including
$172,792 for the compensation of interns who serve in offices
of the majority and $172,792 for the compensation of interns
who serve in offices of the minority.
Green and Gold Congressional Aide Program (formerly the
Wounded Warrior Program and the Congressional Gold Star
Family Fellowship Program).--The agreement includes
$9,294,000 for the Green and Gold Congressional Aide Program.
The agreement establishes a new name for the former programs
at the request of the Chief Administrative Officer for
marketing, recruiting, and administrative actions and to
eliminate potential confusion with unrelated programs around
the country.
House Compensation Study.--In lieu of language included in
House Report 117-80 to explore options to mandate
participation in the re-implemented survey, the Committee
directs the CAO to explore ways in which to increase the
number of survey participants when re-implementing the
survey.
Death Gratuity.--The agreement provides $174,000 to the
widow of Representative Jim Hagedorn of Minnesota. This death
gratuity is consistent with the traditional congressional
practice of providing a payment to the families of Members
who pass away while in office.
ADMINISTRATIVE PROVISIONS
The agreement provides for unspent amounts remaining in the
Members' Representational Allowances (MRA) account to be used
for deficit or debt reduction; places a limitation on the
amount available to lease vehicles; limits the sharing of
House information by Federal entities; establishes allowances
for compensation for interns in Committee offices; changes
the name of the ``Wounded Warrior and the Congressional Gold
Star Family Fellowship Program'' to the ``Green and Gold
Congressional Aide Program''; and renames a Committee on
Appropriations hearing room.
JOINT ITEMS
Joint Economic Committee
The agreement includes $4,283,000 for salaries and
expenses.
Joint Committee on Taxation
The agreement includes $12,385,000 for salaries and
expenses.
The Committees support the mission of the Joint Committee
on Taxation and make no directive on re-evaluating its
currently used methodologies.
Office of the Attending Physician
The agreement includes $4,063,000.
Office of Congressional Accessibility Services
SALARIES AND EXPENSES
The agreement includes $1,606,000 for salaries and
expenses.
Accessibility Services Request.--The agreement modifies
House Report 117-80 language regarding accessibility services
to encourage the Office of Congressional Accessibility
Services to work with the AOC and other appropriate entities
in the House and Senate to prioritize the incorporation of
accessibility systems as the rooms in the Capitol and House
and Senate Office Buildings are upgraded and renovated.
CAPITOL POLICE
SALARIES
The agreement includes $468,861,000 for salaries of the
United States Capitol Police. No more than $71,289,224 is
provided for overtime in fiscal year 2022.
Salaries and Benefits.--The Department is directed to
report to the Committees within 45 days of enactment of this
act on all options available for expanding sworn retirement
benefits, to include potential changes to the Department's
current pay schedule that would enhance earning potential and
impact annuity calculations as well as potential utilization
of other benefits affecting annuity calculations used within
the Federal sector. The report should also include a
feasibility assessment of providing Law Enforcement
Availability Pay (LEAP) to officers in future fiscal years.
Resources for Recruitment and Retention.-- The agreement
includes resources to support the Department's recruitment
and retention of sworn officers and civilian personnel.
Within 60 days of the enactment of this act, the Department
shall provide a report to the Committees on the effectiveness
of the retention bonuses provided in the fiscal year 2021
security supplemental (Public Law 117-31) in retaining
officers on the force. Such a report shall be submitted along
with the Department's budget request for any retention
bonuses provided in subsequent fiscal years. Prior to
distribution of any future retention bonuses, the Department
shall provide a plan for distribution to the Committees that
includes amounts, recipients, and justification.
Impacts to Staffing.--The Committees are aware that the
USCP Office of Inspector General has included in its annual
plan a review of the Department's past major events and
protests. The Committees expect this report to examine how
the Department's handling of these major events impacted
officers, to include morale and attrition.
Policies on Additional Duty.--The Committees recognize the
importance of having a policy for assigning officers
additional duty and direct USCP to report to the Committees
on the policies applied regarding the assignment of
additional duty, to include overtime and compensatory time,
during times of limited officers on the force.
Responses to USCP OIG Recommendations.--When responding to
recommendations detailed in USCP OIG reports, the Department
is expected to develop cost proposals for each recommendation
to better inform the Committees on what resources would be
required to implement the recommendations, such as
organizational realignment, changes in position descriptions,
increased personnel, reassignment of existing personnel, and
additional training and equipment.
Risk-Based Protections for Members of Congress.--The
agreement provides $2,000,000 for the Department to provide
Member security outside of the Capitol campus in the National
Capital Region (NCR), as warranted by risk-based analyses.
The USCP is expected to continue working closely with the
House and Senate SAAs and law enforcement partners in the
NCR, as well as educating Member offices, on USCP's strategy
for Members' protection within the NCR while off the Capitol
Grounds, per the December 2018 report detailing the
Department's plans to enhance off-campus Member security in
the NCR.
USCP Office of Inspector General.--The agreement includes
funds to support not less than 11 FTE within the USCP OIG.
Wellness Programs for Law Enforcement.--Efforts undertaken
by the USCP to develop and implement a holistic wellness and
resiliency program for its workforce, to include its
partnership with the House Wellness Center, are noted and
appreciated. The Committees recognize the importance that
mindfulness plays in having a first responder workforce that
is holistically balanced and resilient. The Committees are
pleased that the new USCP structure includes a dedicated FTE
to this program. Therefore, the USCP is directed to continue
this effort and to continue to collaborate with the
Department of Homeland Security's Federal Law Enforcement
Training Centers. Additionally, the Committees appreciate
that for many years, the USCP has partnered with the Senate
and House Chaplains to provide support to the Department's
employees and as part of establishing the Howard C.
Liebengood Office of Wellness, is now exploring how to stand
up its own chaplain service to meet the varying spiritual
needs of its workforce.
GENERAL EXPENSES
The agreement includes $133,648,000 for general expenses of
the Capitol Police.
Diversity Training.--Capitol Police sworn officers interact
with thousands of domestic and international visitors every
day. Visitors have varying cultural and social needs,
including but not limited to individuals with limited English
proficiency, diverse cultural and ethnic backgrounds, and
disabilities. The Committees recognize that USCP includes
diversity training as part of Capitol Police training
sessions and, in lieu of the diversity training directive
carried in House Report 117-80, the Department shall brief
the Committees on any efforts to strengthen its curriculum as
encouraged in House Report 116-447.
Enhanced Leadership Development for Newly Promoted Sworn
Supervisors.--As indicated in House Report 117-80, the
Committees believe that enhanced training should be developed
to ensure that newly appointed officials have the requisite
experiences and knowledge to lead the officers assigned to
them for supervision. The Department is directed to provide a
report to the Committees within 90 days of enactment of this
act that includes a plan for developing and implementing such
an enhanced new supervisor training program, to include the
information laid out in House Report 117-80.
Physical Wellness.--The Committees appreciate the efforts
undertaken by the USCP to develop and implement a holistic
wellness and resiliency program for its workforce, including
facilities, resources, and programming dedicated to physical
wellness. Recognizing the physically demanding nature of the
law enforcement profession, the Committees encourage USCP to
continue providing resources for officers to benefit from all
[[Page H2923]]
wellness offerings and to cultivate an environment supporting
overall physical fitness. Furthermore, the Department is
directed to provide a report to the Committees within 90 days
of enactment of this act on the current and planned
activities to support the overall physical wellness of the
force, including a comparison of the Department's annual
physical fitness testing requirements with those of other law
enforcement agencies and an assessment on the feasibility of
aligning the Department's guidelines with those of other
agencies.
USCP Information Sharing.--The Department is encouraged to
continue increasing its efforts to communicate with Members
of Congress, congressional employees, and the public about
events occurring around the Capitol complex in a manner that
is consistent with and does not interfere with its primary
mission of protecting the Congress and the legislative
process.
USCP OIG Reports.--This agreement modifies the second
paragraph in House Report 117-80 language regarding USCP OIG
Reports to direct the OIG to assess current practices to
prevent bias within the Capitol Police workforce that would
cause harm to or distract from the USCP mission. The OIG is
encouraged to provide this report to the Committees no later
than 180 days after the enactment of this act.
Periodic Reinvestigation and Continuous Vetting.--The
agreement notes that since publishing House Report 117-80,
the Department provided a response to the OIG's
recommendation to require sworn and operational civilian
employees to obtain a Top Secret clearance and to require
that administrative and civilian employees obtain a minimum
of a Secret clearance. The Committees appreciate the
Department's timely response to this recommendation and
recognize the staffing limitations that make this
recommendation not feasible for the Department at this time.
Should the Department's position change, USCP is directed to
inform and brief the Committees on its evaluation.
Security Services Bureau.--The agreement provides
$38,488,764 for the Security Services Bureau.
Training to ``Stop the Bleed''.--The Capitol Police has
trained nearly its entire sworn workforce in Tactical Combat
Casualty Care, also known as ``Stop the Bleed'' training,
which increases survivability from mass shootings and other
casualty events causing life-threatening external bleeding.
The USCP is directed to continue such efforts, utilizing the
``Stop the Bleed'' methodology, to ensure that all officers
can respond to and administer basic bleeding control
techniques to individuals with trauma.
ADMINISTRATIVE PROVISION
The agreement requires USCP to notify the Committees prior
to the obligation of funds under 2 U.S.C. 1905(a)(2) above a
certain threshold.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
SALARIES AND EXPENSES
The agreement includes $7,500,000 for salaries and
expenses, of which $2,000,000 shall remain available until
September 30, 2023.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
The agreement includes $60,953,000 for salaries and
expenses.
Promoting Transparency.--The Congressional Budget Office
(CBO) provides Congress with budgetary and economic analysis
that is important to the legislative process and can have
significant policy implications. The Committees support CBO's
current and planned efforts to improve and promote
transparency of the agency's modeling and cost estimate
process. CBO should continue with efforts on transparency
that respect the interests of Congress and maintain the
agency's professional independence. CBO is expected to
include in its fiscal year 2023 budget request details about
the agency's ongoing and future efforts to implement the
multi-year plan to increase its capacity to make CBO's work
as transparent and responsive as possible.
Responsiveness.--The Committees continue to expect CBO to
ensure a high level of responsiveness to committees,
leadership, and Members of Congress, to the greatest extent
practicable under the priorities for CBO set by law,
especially when working on current pending legislation. As an
agency that prides itself as being nonpartisan, CBO should be
providing the same information to all stakeholders at the
appropriate time when addressing legislation that has been
made public.
ARCHITECT OF THE CAPITOL
The agreement includes $773,896,233 for the activities of
the Architect of the Capitol (AOC).
American-Made Masks.--The Committees appreciate the efforts
made by the AOC to identify sources for American-made masks
during the COVID-19 pandemic for bulk purchases on behalf of
Congress and expect the AOC to purchase masks made in America
to the maximum extent possible, should additional purchases
be required in the future.
AOC Office of Inspector General.--The agreement includes no
less than $5,300,000 to support no fewer than 20 FTE within
the AOC OIG during fiscal year 2022. The Committees reiterate
their strong support of the AOC OIG and its independence from
the AOC leadership, but encourage the Office to rigorously
track its monthly expenditures to ensure it does not exceed
the funding identified for it. The AOC is also directed to
ensure that sufficient funding is available for contracts and
other expenses identified by the AOC OIG to fulfill its
mission.
AOC Vehicle Usage.--The AOC is required to comply with 31
U.S.C. 1343 and, as such, limited by the statutory controls
over motor vehicle acquisition and use, including price
limitation, equipment, and replacement of motor vehicles, and
per regulations set forth by the General Services
Administration (GSA). The AOC is also expected to adhere to
GSA regulations on official use of agency vehicles to perform
AOC's mission, including proper identification of the vehicle
as Federal government-issued and -owned, as well as home-to-
work policies.
Campus-Wide Lighting.--The AOC is directed to provide a
briefing to the Committees within 90 days of enactment of
this act on the status of initiatives to improve lighting
around the Capitol campus.
Timely Responses to Committee Inquiries.--While the
Committees primarily communicate with the AOC through the
Office of Legislative Affairs, they reserve the right to call
upon any individual or organization within its jurisdiction
for requests for information. The Committees have both
budgetary and oversight capabilities, and requests for
additional information from the Chairs, Vice Chair, or
Ranking Members, or their committee staff to any jurisdiction
should be treated as a priority for the agency and responded
to expeditiously.
Capital Construction and Operations
The agreement includes $139,116,500 for Capital
Construction and Operations, of which $5,000,000 shall remain
available until September 30, 2026.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $134,116,500
Project Budget:
Federally Recognized Indian Tribes Study........... 1,027,000
Planning and Programming........................... 3,973,000
................................................. 5,000,000
------------------
Total, Capital Construction and Operations....... $139,116,500
------------------------------------------------------------------------
AOC Response to Sexual Harassment Complaints.--AOC
employees should feel their work environment is safe and that
complaints of harassment and discrimination are taken
seriously. The AOC is expected to continue to brief the
Committees on the status of implementation for each inquiry
result listed in the AOC OIG's March 2020 review, pursuant to
the parameters included in Senate Report 116-124.
Combatting Communicable Diseases within the Capitol
Complex.--Within the funding provided, the AOC is directed to
conduct a feasibility study as described in House Report 117-
80 with the goal of reducing the spread of infectious
diseases while also further securing the Capitol structure to
be more resilient and improve both health and safety
infrastructure.
Planning and Programming Briefing.--The AOC is to provide a
briefing within 90 days of enactment of this act to the
Committees on the obligation of and plans for spending funds
provided to the Architect for Planning and Programming.
USCP Headquarters and New Senate Office Building.--The AOC
shall identify and evaluate options for a renovation or
replacement of the USCP Headquarters and a new Senate Office
Building. Such an evaluation should incorporate external
screening portals and access points for visitors and staff
for the Senate Office Buildings, secure indoor and
underground parking, and additional office, committee, and
sensitive compartmented information facility space. The AOC
is directed to provide a report to the Committees on
Appropriations, the Senate Committee on Rules and
Administration, and the Committee on House Administration
detailing such options within 180 days of enactment of this
act.
Capitol Building
The agreement includes $42,579,000, for maintenance, care,
and operation of the Capitol Building, of which $12,899,000
shall remain available until September 30, 2026.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $29,680,000
Project Budget:
Sprinkler System Installation, USC................. 6,800,000
Minor Construction................................. 5,500,000
Conservation of Fine and Architectural Art......... 599,000
------------------
................................................. 12,899,000
Total, Capitol Building.......................... $42,579,000
------------------------------------------------------------------------
Miscellaneous Improvements Notifications.--The Committees
appreciate the AOC's efforts to document and notify the
Committees of ``Miscellaneous Improvements projects,'' which
are completed projects that cost less than $5,000 for labor
and materials. The Committees direct the AOC to provide
quarterly reports on Miscellaneous Improvements projects,
including a description and cost of each project and the
status of total funding set aside for this purpose.
Capitol Grounds
The agreement includes $15,237,000 for the care and
improvements of the grounds surrounding the Capitol, House
and Senate Office Buildings, and the Capitol Power Plant, of
which $2,000,000 shall remain available until September 30,
2026.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $13,237,000
Project Budget:
Minor Construction................................. 2,000,000
------------------
................................................. 2,000,000
Total, Capitol Grounds........................... $15,237,000
------------------------------------------------------------------------
Accessibility.--The Committees direct the AOC to prioritize
removal of accessibility barriers on the Capitol Complex.
[[Page H2924]]
Senate Office Buildings
The agreement includes $81,977,000 for the maintenance,
care, and operation of the Senate Office Buildings, of which
$9,000,000 shall remain available until September 30, 2026,
and $2,000,000 shall remain available until expended for
Committee Room Modernization.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $70,977,000
Project Budget:
Exterior Door Conservation, Phase I, Dirksen....... 2,000,000
Committee Room Modernization....................... 2,000,000
Minor Construction................................. 7,000,000
(SCIF Study and Design).......................... (2,000,000)
------------------
............................................... 11,000,000
Total Senate Office Buildings................ $81,977,000
------------------------------------------------------------------------
Calder Mountain and Clouds Sculpture.--The Senate Committee
directs the AOC to continue working with outside partners on
the restoration of the Calder Mountain and Clouds sculpture.
The AOC is expected to continue providing the Senate
Committees on Appropriations and on Rules and Administration
with regular updates on the status of these efforts.
Composting Program.--The Committee has received requests
from Senators to restart the AOC's post-consumer composting
program, which was terminated in 2016. Within 90 days of
enactment of this act, the AOC shall brief the Senate
Committees on Appropriations and Rules and Administration on
the resources and authorities necessary to explore this
proposal, including prospective benefits to the Senate of
such a program.
Senate Employees' Child Care Center (SECCC) Facility
Assessment.--The Senate Committee notes the importance of the
SECCC facility expansion and encourages all stakeholders to
continue working towards selecting a preferred site option
for site expansion.
Senate Sensitive Compartmented Information Facility (SCIF)
Assessment.--Given the limited physical capacity and
significant and increasing demand for use by Senators and
Senate staff of SCIF space, the recommendation provides an
additional $1,000,000 for Senate Office Buildings Minor
Construction above the request, for a total of up to
$2,000,000 to be used for preliminary planning, study, and
design of additional sensitive compartmented information
facility space for the Senate, in coordination with the
Office of Senate Security. The AOC is directed to provide a
report to the Senate Committees on Appropriations and on
Rules and Administration detailing such options within 180
days of enactment of this act.
House Office Buildings
The agreement includes $212,422,500 for the care and
maintenance of the House Office Buildings, of which
$12,000,000 shall remain available until September 30, 2026,
and $128,000,000 shall remain available until expended for
the restoration and renovation of the Cannon House Office
Building. Of the amount made available, $9,000,000 shall be
derived by transfer from the House Office Building Fund.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $72,422,500
Project Budget:
CAO Project Support................................ 5,000,000
Minor Construction................................. 7,000,000
Cannon Building Restoration........................ 128,000,000
------------------
140,000,000
Total House Office Buildings..................... $212,422,500
------------------------------------------------------------------------
Cannon Building Costs.--The Committees recognize the urgent
need to complete the Cannon Building renewal, which will
replace outdated building systems, conserve historic aspects
of the building, and optimize the functionality of Member
suites, among other improvements. The Committees remain
concerned that the cost of the Cannon renovation continues to
increase from an initial project estimate of $752,700,000 to
the current project estimate of $934,866,000.
Capitol Power Plant
The agreement includes $114,598,000 for maintenance, care
and operation of the Capitol Power Plant, of which
$24,575,000 shall remain available until September 30, 2026.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $90,023,000
Project Budget:
Piping Replacement and Egress Improvements......... 20,100,000
Minor Construction................................. 4,475,000
------------------
24,575,000
Total, Capitol Power Plant....................... $114,598,000
Offsetting Collections....................... (10,000,000)
------------------------------------------------------------------------
Electric Vehicle (EV) Charging in the U.S. Senate.--As the
onsite presence of electric vehicles has increased on the
Capitol campus, additional charging stations are needed. In
order to increase the availability of charging stations, the
electrical infrastructure of the Senate must also be
expanded. The agreement provides an additional $475,000 for
Capitol Power Plant Minor Construction above the request, to
upgrade the existing Level 1 (L1) charging stations to Level
2 (L2) fast-charging stations, and to install additional L2
fast-charging stations across the Senate, subject to approval
of the locations by the Senate Committee on Rules and
Administration. While recognizing that this account is five-
year money, the Committees believe the bulk of this work
should be completed no later than September 30, 2023.
Library Buildings and Grounds
The agreement includes $64,544,000 for Library of Congress
Buildings and Grounds, of which $31,000,000 shall remain
available until September 30, 2026.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $33,544,000
Project Budget:
Fire Alarm and Audibility Upgrade, Phase I, JMMB... 22,500,000
Electrical Power and Grounding Systems Analysis, 4,500,000
LOC...............................................
Minor Construction................................. 4,000,000
------------------
31,000,000
Total, Library Buildings and Grounds............. $64,544,000
------------------------------------------------------------------------
Capitol Police Buildings, Grounds and Security
The agreement includes $62,389,733 for Capitol Police
Buildings, Grounds and Security, of which $637,639 shall
remain available until September 30, 2024, and $30,000,000
shall remain available until September 30, 2026.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $31,752,094
Project Budget:
Barrier Lifecycle and Security Kiosk Repairs and 9,100,000
Rplcmt, Phase VI, OSP.............................
Personal Protective Equipment (PPE) Emergency 637,639
Stockpile.........................................
East Plaza Lighting Upgrade........................ 10,900,000
Conduit Installation............................... 4,000,000
Minor Construction................................. 6,000,000
------------------
30,637,639
Total, Capitol Police Buildings, Grounds and $62,389,733
Security........................................
------------------------------------------------------------------------
Forced Entry/Ballistic Resistant Doors.--House Report 117-
80 language is negated regarding the forced entry/ballistic
resistant doors.
Screening Vestibules.--Within 60 days of the enactment of
this act, the USCP and AOC shall brief the Committees on
Appropriations, Senate Committee on Rules and Administration,
and the Committee on House Administration on the status of
the screening vestibules project, to include an update on
vestibules both outside the Capitol and outside the House and
Senate Office Buildings.
Botanic Garden
The agreement includes $24,463,500 for the U.S. Botanic
Garden, of which $10,100,000 shall remain available until
September 30, 2026.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $14,363,500
Project Budget:
National Garden Improvements, BGNG................. 5,600,000
Urban Agriculture Initiatives...................... 500,000
Minor Construction................................. 4,000,000
------------------
10,100,000
Total, Botanic Garden............................ $24,463,500
------------------------------------------------------------------------
Capitol Visitor Center
The agreement includes $25,569,000 for the Capitol Visitor
Center.
ADMINISTRATIVE PROVISIONS
The agreement includes provisions that prohibit payments of
bonuses to contractors behind schedule or over budget and
make available coins collected from fountains for maintenance
operations.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
The agreement includes $550,620,874 in direct
appropriations for the Library of Congress (the Library or
LOC) salaries and expenses. In addition, collections that may
be credited to this appropriation shall remain available
until expended. The recommendation includes the following to
remain available until expended: $9,661,000 for the Teaching
with Primary Sources program, $1,419,000 for the upgrade of
the Legislative Branch Financial Management System, $250,000
for the Surplus Books Program, $3,831,000 for the Veterans
History Project, and $10,000,000 for the final installment in
the Visitor Experience Initiative. In addition, the agreement
includes the fiscal year 2022 request of $4,400,000 for 5G
cellular technology upgrades, $4,394,000 for the Integrated
Electronic Security System (IESS), $6,500,000 for the Library
Collections Access Platform (L-CAP), and $2,663,000 for
Microsoft 365 migration.
IT Modernization.--The Library has made significant
progress in recent years modernizing essential Library
technology and standardizing and optimizing Library
operations. The recommendation will allow the Library's
flagship websites, loc.gov, congress.gov and crs.gov, to be
sustained in continuous development and will allow IT
infrastructure to continue to be refined and enhanced, with
increased integration of IT development, IT security, and IT
operations. The agency-wide modernization efforts also
address major IT efforts for the Copyright Office,
Congressional Research Service (CRS), and the National
Library Service for Blind and Print Disabled (NLS). The LOC
is expected to continue to refine the IT Modernization and
Integrated Master Schedule and encouraged to consider it as
an evolving document. The plan should be used to integrate
schedules and cost baselines for responsible project
management. In addition, the leadership of the Office of the
Librarian should help shape and use it as an important
management tool.
National Film and Sound Recording Preservation Programs.--
The Committees recognize the important work of the National
Film Preservation Program and the National Sound Recording
Preservation Program, including the federally chartered
National Film and National Recording Preservation
Foundations. Given that these programs were reauthorized
under the Library of Congress Sound Recording and Film
Preservation Programs Reauthorization Act of 2016 (Public Law
114-217), the Committees expect that the Library will
continue to support them.
[[Page H2925]]
LOC Office of Inspector General.--The agreement includes
not less than $4,336,000 for the Library's OIG, to support no
fewer than 14 FTE.
Preservation of the Collection.--The Committees recognize
the Library currently has over $2,000,000 available through
September 30, 2022, for the purposes of the de-acidification
preservation program. Upon the exhaustion or expiration of
those funds, whichever comes first, the Committees will
evaluate the need for the continuation of the program.
Reading Room Access.--The Committees recognize that public
access to the Main Reading Room at the Library of Congress is
limited. Currently, researchers must apply to receive
registration cards to gain full access to the room, and
visitors to the LOC often do not have time to go through the
registration process. Therefore, the LOC is directed to
provide a report to the Committees within 120 days of
enactment of this act on the feasibility of opening the
Reading Room to the general public while still preserving the
research environment and the collections. The report should
include a proposal of times and days to allow public access,
any costs associated with opening the room to the public, and
any other factors affecting a plan for greater public access.
Visitor Experience Initiative.--The recommendation provides
$10,000,000 for the fourth and final installment in the
Library's Visitor Experience, which brings the total federal
investment in the project to $40,000,000. This funding is
available until expended and is available only upon approval
of the Committees. The Committees continue to direct the
Library to provide quarterly updates to the Committees on the
project's design, latest cost estimates, obligations incurred
by fiscal year source, and anticipated construction and
implementation timelines. Cost estimates should be validated
by both the Librarian and the Architect of the Capitol. These
updates should also include reports on the Library's progress
on fundraising initiatives for private funding, including
both donations in-hand and verbal commitments.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
The agreement includes $53,065,000 in direct appropriations
to the Copyright Office. An additional $41,973,000 is made
available from receipts for salaries and expenses and
$3,000,000 is available from prior year unobligated balances,
for a total of $98,038,000.
CASE Act and MMA Implementation.--The agreement includes
the funding requested to implement the Copyright Alternative
in Small-Claims Enforcement (CASE) Act and continues funding
for the Orrin G. Hatch-Bob Goodlatte Music Modernization Act
(MMA) staffing.
Copyright IT Modernization.--The agreement continues
funding for Copyright Office IT modernization efforts. The
collaboration between the Copyright Office and the Library's
Office of Chief Information Officer is commended, and the
Committees direct the two to continue to work together to
achieve efficiencies in shared services, while allowing for
mission-specific modernization to be the responsibility of
the Copyright Office. Per House Report 117-80, the Library is
encouraged to remain sensitive to the specialized
requirements of the Copyright Office as the Office implements
its IT modernization plan in conjunction with the overall
Library IT modernization effort. The Copyright Office is
directed to provide a detailed spending plan for the IT
modernization efforts funded in fiscal year 2022.
Congressional Research Service
SALARIES AND EXPENSES
The agreement includes $129,106,000 for salaries and
expenses for CRS.
Continuing Education for Congressional Staff.--The
agreement includes funds for the development of a legal
education program as described in response to House Report
116-447.
National Library Service for the Blind and Print Disabled
SALARIES AND EXPENSES
The agreement includes $61,227,000 for salaries and
expenses for the National Library Service for the Blind and
Print Disabled.
ADMINISTRATIVE PROVISIONS
The agreement includes provisions related to reimbursable
and revolving funds, authorities of the Librarian of Congress
to accept gifts, and Library of Congress orders under task
and delivery order contracts.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $78,872,161 for authorized
publishing, printing and binding for the Congress.
Public Information Programs of the Superintendent of Documents
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $34,020,000.
Government Publishing Office
Business Operations Revolving Fund
The agreement includes $11,345,000, to remain available
until expended.
Office of Inspector General.--The agreement includes
$6,324,000 for the Government Publishing Office's (GPO) OIG
during fiscal year 2022. The Committees direct that the OIG
adhere to its fiscal year 2022 budget submission and
priorities, and any departure from the budget plan shall be
subject to the procedures set forth under the agreement's
reprogramming, notification, consultation, and reporting
requirements.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES AND EXPENSES
The agreement includes $719,230,113 in direct
appropriations for salaries and expenses of the Government
Accountability Office. In addition, $38,900,000 is available
from offsetting collections, for a total of $758,130,113.
Within the total, no less than $2,451,000 is provided for
the GAO Office of Inspector General to support no less than
11 FTE.
Appropriations and Budget Law.--The Committees acknowledge
that GAO legal decisions, including those related to the
Congressional Review Act, are often fact specific and time
consuming. The Committees commend the improvements made by
the GAO Appropriations Law Group to increase resources
dedicated to supporting Congress' oversight role. GAO is
encouraged to continue to find ways to speed up its
adjudication process and to prioritize responding to
congressional inquiries and publishing formal legal decisions
stemming from congressional requests.
Congressionally Directed Spending and Community Project
Funding Transparency and Accountability.--The Committees
include, as part of the fiscal year 2022 appropriations
process, Congressionally Directed Spending (CDS) pursuant to
Rule XLIV of the Standing Rules of the Senate and Community
Project Funding (CPF) pursuant to House Rules XXI and XXIII,
which identify the specific recipients of certain Federal
funds in most of this year's annual appropriations acts. Rule
XLIV of the Standing Rules of the Senate and House Rules XXI
and XXIII require public transparency and accountability that
underpin the process for vetting these proposals. Consistent
with those goals, the Committees direct the GAO to undertake
an audit of CDS and CPF contained in fiscal year 2022
appropriations acts, with the goal of informing the
Committees' consideration of such funding in subsequent
fiscal years.
The audit shall include the following characteristics,
after consultation with the Committees on Appropriations of
the House and Senate:
1. The review shall be based upon a sample drawn from CDS
and CPF items across agencies and subcommittees.
2. The review shall determine whether the entities or
projects identified to receive CDS or CPF received the
funding in question, whether such recipients spent or had an
identifiable plan to spend the funding in question, and
whether the amounts provided were spent on the purposes
identified by the Congress.
3. The review shall evaluate whether the relevant agency or
office distributed each item identified for examination in a
timely fashion, and whether such agency or office installed
sufficient processes for monitoring the recipients'
expenditure of such funding.
The GAO shall conduct the audit and provide periodic
briefings and reports based on available data to the
Committees, including a report to inform the fiscal year 2023
budget process.
DATA Act Briefing.--The Digital Accountability and
Transparency Act of 2014 (DATA Act) (Public Law 113-101)
mandated a centrally reported and standardized government-
wide, financial agency account and award activity information
system for the executive branch. The Committees are
interested in how this information could be used to support
congressional oversight, constituent relations, and policy
formation. As GAO has worked on oversight of DATA Act online
spending information in the past, the Committees direct GAO
to brief the Committees on how existing data could be
formatted to support the work of Congress.
GAO Study.--In lieu of House report language regarding a
GAO study on personal documents, the agreement addresses this
matter in the Financial Services and General Government
division.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP
The agreement includes $6,000,000 for the Congressional
Office for International Leadership (COIL), formerly the Open
World Leadership Center.
Expansion of Program to Other Countries.--COIL is requested
to keep the Committees apprised of any new developments on
expanding programming to include other regions and countries
that may be of strategic necessity to the United States.
ADMINISTRATIVE PROVISION
The agreement includes a provision for COIL's statutory
name change and clarifies reference to the name change in
prior appropriations acts.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
The agreement includes $430,000 for the Stennis Center for
Public Service Training and Development.
TITLE II--GENERAL PROVISIONS
The agreement continues provisions related to maintenance
and care of private vehicles; fiscal year limitations; rates
of compensation and designation; consulting services; costs
of the Legislative Branch Financial Managers Council;
limitation on transfers; guided tours of the Capitol;
limitation on telecommunications equipment procurement;
prohibition on certain operational expenses; plastic waste
reduction; Capitol
[[Page H2926]]
health and safety; annual rates of pay for certain
legislative branch agencies; annual rates of pay for
congressional staff; and display of honorific plaque to honor
law enforcement officers and agencies that responded to the
violence that occurred at the United States Capitol on
January 6, 2021.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and rule XLIV of the Standing Rules of the
Senate, neither the bill nor the explanatory statement
contains any congressional earmarks or congressionally
directed spending items, limited tax benefits or limited
tariff benefits as defined in the applicable House and Senate
rules.
[[Page H2927]]
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[[Page H2941]]
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-
81 and Senate Report 117-35 carries the same weight as
language included in the joint explanatory statement and
should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some
language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly
provided herein.
In cases where House Report 117-81, Senate Report 117-35,
or this explanatory statement directs the submission of a
report, that report is to be submitted to the Committees on
Appropriations of the House of Representatives and the
Senate. Where this explanatory statement refers to the
Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House of
Representatives Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies and the Senate
Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies.
TITLE I
DEPARTMENT OF DEFENSE
Military Construction Overview
Reprogramming Guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced
by the Congress in acting on the budget request is considered
to be a congressional interest item and as such, prior
approval is required. Accordingly, no reprogramming to an
item specifically reduced below the threshold by the Congress
is permitted, except that the Department of Defense (DOD) may
seek reprogramming for appropriated increments.
The reprogramming criteria that apply to military
construction projects, which is 25 percent of the funded
amount or $2,000,000, whichever is less, also apply to new
housing construction projects and improvements. To provide
the Services the flexibility to proceed with construction
contracts without disruption or delay, the costs associated
with environmental hazard remediation such as asbestos
removal, radon abatement, lead-based paint removal or
abatement, and any other legislated environmental hazard
remediation may be excluded, if such remediation requirements
could not be reasonably anticipated at the time of the budget
submission. This exclusion applies to projects authorized in
this budget year, as well as projects authorized in prior
years for which construction has not been completed.
In addition to these guidelines, the Services are directed
to adhere to the guidance for military construction
reprogramming actions and notifications, including the
pertinent statutory authorities contained in DOD Financial
Management Regulation 7000.14-R and relevant updates and
policy memoranda. Further, the agreement encourages the
Office of the Director of National Intelligence to use a
format similar to that used by the Office of the Secretary of
Defense to submit reprogramming requests.
Facilities Sustainment, Restoration and Modernization
(FSRM).--The Department of Defense is directed to continue
describing on form 1390 the backlog of FSRM requirements at
installations with future construction projects. For troop
housing requests, form 1391 should describe any FSRM
conducted in the past two years. Likewise, future
requirements for unaccompanied housing at the corresponding
installation should be included. Additionally, the forms
should include English equivalent measurements for projects
presented in metric measurement. Rules for funding repairs of
facilities under the Operation and Maintenance accounts are
described below:
(1) components of the facility may be repaired by
replacement. Such replacement can be up to current standards
or codes;
(2) interior arrangements and restorations may be included
as repair;
(3) additions and new facilities may be done concurrently
with repair projects, as long as the final conjunctively
funded project is a complete and usable facility; and
(4) the appropriate Service Secretary shall notify the
appropriate committees 21 days prior to carrying out any
repair project with an estimated cost in excess of
$7,500,000.
Incremental Funding.--The Committees recognize that
providing full funding for military construction projects if
they are executable is ideal. However, it continues to be the
practice to provide incremental funding for certain large
projects to enable the Services to more efficiently allocate
military construction dollars among projects that can be
executed in the year of appropriation. Therefore, the
agreement includes six projects that have been incrementally
funded; however, the full authorization of the projects was
provided in the National Defense Authorization Act, Fiscal
Year 2022.
Military Construction Funding.--The agreement includes
$14,900,000,000, which is $5,052,969,000 above the budget
request, in a continued effort to support current and future
force readiness through critical infrastructure investments.
Building off the fiscal year 2022 budget request, this level
also funds all authorized and unfunded requirements and
addresses other priorities that have been historically
neglected in budget requests, such as quality of life and
research and development facilities. While Congress continues
to provide funding above the budget request for military
construction, the Committees encourage the Department to
adequately resource these accounts.
Military Installation Resilience.--The agreement includes
planning and design and unspecified minor construction
funding for the Department to address critical resilience
requirements, particularly related to current and future
risks from extreme weather and anticipated or unanticipated
changes in environmental conditions. Recognizing that such
investments are key to installation readiness, the agreement
provides $25,000,000 for the Army; $40,000,000 for the Navy
and Marine Corps; $40,000,000 for the Air Force; and
$15,000,000 for Defense-wide agencies and accounts to
continue to develop projects, conduct studies and analyses,
and update Unified Facilities Criteria to directly enhance
military installation resilience. No later than 60 days after
enactment of this Act, the Services and the DOD Comptroller
are directed to provide a spend plan for the funds
appropriated in fiscal year 2022.
Laboratory Infrastructure.--The Committees recognize the
importance of DOD science and technology laboratories and
test and evaluation facilities and support investment in this
critical infrastructure. The agreement provides $85,000,000
for the Army; $15,000,000 for the Navy and Marine Corps; and
$25,000,000 for the Air Force for planning and design,
unspecified minor construction, and authorized major
construction projects to address priority laboratory
requirements. The Services are directed to submit a spend
plan for these funds no later than 30 days after enactment of
this Act.
Red Hill Bulk Fuel Storage Facility (RHBFSF).--The
Committees express disappointment in the Department's
operation and management of the facility and related
infrastructure, which has negatively affected and disrupted
the lives of servicemembers, their families, and the people
of Hawai`i. The Secretary of Defense is directed to provide
the Committees a report, within 90 days of enactment of this
Act, that identifies the military construction requirements,
including remediation efforts, and details its near, mid-,
and long term plans related to RHBFSF. The report also should
identify the military construction options being considered
for alternative fueling capacity throughout the Indo-Pacific.
In addition, the report should include cost estimates, to the
extent possible, and an analysis of the risk and estimated
time frames associated with the options. Lastly, the
Committees expect the Department to continue to brief the
Committees regularly on the progress of remediation.
Navy Water Purification Infrastructure.--The agreement
includes an additional $50,000,000 for the Navy for planning
and design in order to advance future water treatment and
distribution infrastructure projects. The Department is
directed to submit a spend plan for these additional funds to
the Committees no later than 30 days after enactment of this
Act.
European Deterrence Initiative (EDI).--The agreement
includes $415,064,000 within the Army, Navy, and Air Force
military construction accounts to fund seven EDI projects
across Europe as well as minor construction and planning and
design. Further, the agreement includes an additional
$10,000,000 above the budget request for the North Atlantic
Treaty Organization (NATO) Security Investment Program to
support U.S. allies and partners, deter aggression by the
Russian Federation, and promote democratic governance, peace,
and stability in Europe.
Child Development Centers (CDCs).--The bill includes
$224,700,000 for seven child development center projects, of
which $33,000,000 is for planning and design for future
projects. This investment of resources is necessary to
address both insufficient accessibility to childcare
facilities, as well as the poor conditions of existing
facilities. Such shortfalls in capacity are an unacceptable
burden to military families. The Department is directed to
assign greater priority to CDC construction projects in
future budget requests.
United States Indo-Pacific Command (INDOPACOM).--The
INDOPACOM area of responsibility is the largest combatant
command and requires a modern, resilient military presence to
ensure the continued strength of U.S. national security.
However, the Committees are concerned that the Services have
not properly prioritized projects within INDOPACOM in recent
fiscal years. The agreement provides an additional
$58,600,000 for INDOPACOM planning and design to advance
future projects. Additionally, the agreement directs the
Assistant Secretary of Defense for Sustainment to report no
later than 180 days after the enactment of this Act on: (1)
the overall strategy for joint use facilities in the Indo-
Pacific; (2) the challenges and benefits of adding ports to
the DOD's joint-use planning; and (3) limitations imposed by
current authorities that may hinder cost-sharing efforts.
Unfunded Priority Lists (UPL) and Future Years Defense
Program (FYDP).--The Committees direct the Department of
Defense and all Services, active and reserve components, as
well as combatant commanders, as required by law, to submit
updated UPL and FYDP lists to the congressional defense
committees for military construction projects no later than
10 days after the transmission of the annual President's
Budget.
[[Page H2942]]
U.S. Space Command Headquarters.--The agreement notes the
Government Accountability Office and the Department of
Defense Inspector General's inquiries into the basing
decision for U.S. Space Command headquarters. The Committees
look forward to receiving the reports.
Military Construction, Army
The agreement provides $1,051,772,000 for ``Military
Construction, Army'', which is $217,080,000 above the budget
request. Within this amount, the agreement includes
$190,619,000 for study, planning, design, architecture, and
engineering services, and host nation support. Within the
total for Military Construction, Army, $182,080,000 is for
the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AL...................................... Anniston Army Depot....... Welding Facility.......... $25,010,000
AK...................................... Fort Wainwright........... ERDC-CRREL Permafrost 5,400,000
Tunnel Research Facility:
Unspecified Minor
Construction.
GA...................................... Fort Gordon............... Cyber Center of Excellence 3,670,000
School Headquarters and
Classrooms: Planning and
Design.
GA...................................... Fort Stewart.............. Barracks: Planning and 5,000,000
Design.
HI...................................... Fort Shafter.............. Command and Control 55,500,000
Facility: Cost to
Complete.
KS...................................... Fort Leavenworth.......... Child Development Center.. 34,000,000
MO...................................... Fort Leonard Wood......... Advanced Individual 4,000,000
Training Battalion
Complex: Planning and
Design.
NM...................................... White Sands Missile Range. Missile Assembly Support 1,300,000
Facility: Planning and
Design.
NY...................................... U.S. Military Academy..... Engineering Center: Cost 17,200,000
to Complete.
SC...................................... Fort Jackson.............. Reception Barracks 21,000,000
Complex, Ph I: Cost to
Complete.
TX...................................... Joint Base San Antonio, Vehicle Maintenance Shop.. 10,000,000
Camp Bullis.
----------------------------------------------------------------------------------------------------------------
Arsenals.--The agreement directs the Secretary of the Army
to submit a report within 180 days of enactment of this Act
on the condition and capacity of access control points at
Army arsenals, specifically identifying arsenals that may
experience an increase in traffic and personnel because of
new production requirements within the arsenal. The report
should identify risk assessments based off current security
postures, cost assessments to reduce the security risk at
access control points, and all existing military construction
projects that enhance the security posture of arsenals.
Military Construction, Navy and Marine Corps
The agreement provides $2,644,277,000 for ``Military
Construction, Navy and Marine Corps'', which is $275,925,000
above the budget request. Within this amount, the agreement
includes $453,652,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Navy and Marine Corps, $476,145,000 is
for the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AZ...................................... MCAS Yuma................. Combat Training Tank $29,300,000
Complex.
CA...................................... NB Ventura County......... Combat Vehicle Maintenance 48,700,000
Facility.
CA...................................... NB Coronado............... CMV-22B Aircraft 63,600,000
Maintenance Hangar.
FL...................................... Marine Corps Support Lighterage and Small Craft 7,000,000
Facility Blount Island. Facility: Planning and
Design.
HI...................................... Marine Corps Training Area Perimeter Security Fence: 6,220,000
Bellows. Unspecified Minor
Construction.
HI...................................... MCB Hawaii................ Electrical Distribution 64,500,000
Modernization.
ME...................................... NSA Cutler................ Firehouse: Planning and 2,500,000
Design.
NC...................................... MCAS Cherry Point......... F-35 Joint Strike Fighter 9,300,00
Sustainment Center:
Planning and Design.
NC...................................... MCAS New River............ Maintenance Hangar: 13,300,000
Planning and Design.
NC...................................... MCAS Cherry Point......... ATC Tower and Airfield 18,700.000
Operations.
NC...................................... Camp Lejeune.............. Water Treatment Plant 64,200,000
Replacement Hadnot Point:
Cost to Complete.
RI...................................... NAVSTA Newport............ Next Generation Torpedo 1,200,000
Integration Lab: Planning
and Design.
RI...................................... NAVSTA Newport............ Submarine Payloads 1,400,000
Integration Laboratory:
Planning and Design.
RI...................................... NAVSTA Newport............ Consolidated RDT&E Systems 1,700,000
Facility: Planning and
Design.
RI...................................... NAVSTA Newport............ Next Generation Secure 4,000,000
Submarine Platform
Facility: Planning and
Design.
SC...................................... MCAS Beaufort............. Instrument Landing System: 3,000,000
Unspecified Minor
Construction.
SC...................................... MCAS Beaufort............. F-35 Operational Support 4,700,000
Facility: Unspecified
Minor Construction.
SC...................................... MCAS Beaufort............. Recycling/Hazardous Waste 5,000,000
Facility: Cost to
Complete.
SC...................................... MCRD Parris Island........ Entry Control Facility 6,000,000
Improvements: Unspecified
Minor Construction.
SC...................................... MCAS Beaufort............. Aircraft Maintenance 121,825,000
Hangar.
----------------------------------------------------------------------------------------------------------------
Shipyard Infrastructure Optimization Plan (SIOP).--The
Committees are very concerned that the Navy's Shipyard
Infrastructure Optimization Plan is falling behind schedule
and consistently runs over cost estimates. In order to ensure
the continued progress of SIOP, the bill provides
$350,000,000 for ongoing SIOP projects requested in the
President's Budget. The agreement also provides an additional
$275,000,000 for SIOP cost increases and planning and design
for future construction projects. This marks the second
consecutive year that Congress has provided significant
funding beyond the request for SIOP requirements. The
Committees expect the Department to prioritize SIOP funding
and improve the cost estimates submitted to Congress.
Additionally, the agreement directs the Department to provide
regular updates on the progress of SIOP and requires timely
notification of any cost variations.
Military Construction, Air Force
The agreement provides $2,204,750,000 for ``Military
Construction, Air Force'', which is $102,060,000 above the
budget request. Within this amount, the agreement includes
$287,175,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Air Force, $291,060,000 is for the following
projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
CO...................................... U.S. Air Force Academy.... High-Bay Vehicle $4,360,000
Maintenance: Unspecified
Minor Construction.
CO...................................... U.S. Air Force Academy.... New Cadet Prep School 24,726,000
Dormitory.
CO...................................... Schriever AFB............. Fitness Center............ 30,000,000
GA...................................... Moody AFB................. 41 RQS HH-60W Apron....... 12,500,000
HI...................................... Kirtland AFB Remote Maui Secure Integration Support 8,800,000
Experimental Site. Lab: Planning and Design.
LA...................................... Barksdale AFB............. Entrance Road and Gate 36,000,000
Complex: Cost to Complete.
NV...................................... Creech AFB................ Mission Support Facility: 1,900,000
Planning and Design.
NV...................................... Creech AFB................ Warrior Fitness Training 2,200,000
Center: Planning and
Design.
NM...................................... Kirtland AFB.............. PJ/CRO Urban Training 810,000
Complex: Planning and
Design.
NM...................................... Holloman AFB.............. Indoor Target Flip 2,340,000
Facility: Planning and
Design.
NM...................................... Kirtland AFB.............. Dedicated Facility for the 5,280,000
Space Rapid Capabilities
Office: Planning and
Design.
NM...................................... Cannon AFB................ 192-Bed Dormitory: 5,568,000
Planning and Design.
NM...................................... Kirtland AFB.............. Wyoming Gate Project: Cost 5,600,000
to Complete.
NM...................................... Cannon AFB................ Deployment Processing 5,976,000
Center: Planning and
Design.
NM...................................... Holloman AFB.............. MQ-9 Formal Training Unit 40,000,000
Operations Facility.
OH...................................... Wright-Patterson AFB...... Child Development Center.. 24,000,000
SC...................................... Joint Base Charleston..... Flight Line Support 29,000,000
Facility.
SC...................................... Joint Base Charleston..... Fire and Rescue Station... 30,000,000
TX...................................... Joint Base San Antonio, Child Development Center.. 22,000,000
Lackland AFB.
----------------------------------------------------------------------------------------------------------------
Military Construction, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,206,051,000 for ``Military
Construction, Defense-Wide'', which is $248,762,000 above the
budget request. Within this amount, the agreement includes
$347,727,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Defense-Wide, $91,655,000 is for the following
projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
HI...................................... HDR-H..................... Homeland Defense Radar- $19,000,000
Hawaii: Planning and
Design.
MS...................................... Camp Shelby............... Electrical Distribution 11,155,000
Infrastructure
Undergrounding Hardening
Project.
MS...................................... Camp Shelby............... 1O MW Generation Plant and 34,500,000
feeder level Microgrid
system.
[[Page H2943]]
NY...................................... Fort Drum................. Wellfield Expansion 27,000,000
Resilience Project.
----------------------------------------------------------------------------------------------------------------
Energy Resilience and Conservation Investment Program
(ERCIP).--The agreement provides a total of $469,322,000 for
ERCIP, which is an increase of $182,572,000 above the budget
request. The Secretary of Defense is directed to submit a
spend plan for the additional ERCIP funds no later than 30
days after enactment of this Act.
Special Operations Command East Coast Training
Facilities.--The agreement directs the Secretary of Defense
to provide a report within 180 days of enactment of this Act
that outlines any training capability shortfalls of East
Coast based sites and the feasibility of developing an East
Coast joint training center that focuses on enabling all-
domain warfare. This report should also analyze the value
provided to the U.S. Special Operations Command by National
Guard training facilities.
Military Construction, Army National Guard
The agreement provides $337,893,000 for ``Military
Construction, Army National Guard'', which is $80,790,000
above the budget request. Within this amount, the agreement
includes $57,725,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Army National Guard, $49,790,000 is
for the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
KS...................................... Topeka.................... National Guard/Reserve $420,000
Center Building SCIF:
Planning and Design.
MS...................................... Camp Shelby............... Maneuver Area Training 15,500,000
Equipment Site (MATES).
MO...................................... Aviation Classification AVCRAD Aircraft 3,800,000
Repair Activity Depot. Maintenance Hangar
Addition: Planning and
Design.
NC...................................... Salisbury................. Aircraft Maintenance 2,700,000
Hangar Addition/
Alteration: Planning and
Design.
VT...................................... Ethan Allen AFB........... Family Readiness Center: 4,665,000
Unspecified Minor
Construction.
VT...................................... Bennington................ Readiness Center.......... 16,900,000
VA...................................... Sandston.................. Aircraft Maintenance 5,805,000
Hangar: Planning and
Design.
----------------------------------------------------------------------------------------------------------------
Army National Guard (ARNG) Readiness Center Transformation
Master Plan (RCTMP).--The agreement provides $20,000,000 for
Army National Guard planning and design. The Committees
expect increased investments in ARNG Readiness Centers in
future fiscal years. Furthermore, the agreement directs the
ARNG to brief the Committees on how its military construction
funding priorities align with current and future readiness
center requirements based on the RCTMP no later than 90 days
after enactment of this Act.
National Guard Biathlon Programs.--The agreement includes
$8,000,000 above the President's budget request in minor
military construction to update biathlon facilities to
continue engagement and training. The Director of the Army
National Guard is directed to provide a spend plan for the
use of these funds within 30 days of enactment of this Act.
Vehicle Maintenance Facilities.--The agreement includes
$2,000,000 in planning and design for vehicle maintenance
facilities, and the Committees encourage the Army National
Guard to ensure maintenance infrastructure is adequately
addressed in future budget requests.
Military Construction, Air National Guard
The agreement provides $305,050,000 for ``Military
Construction, Air National Guard'', which is $107,280,000
above the budget request. Within this amount, the agreement
includes $23,682,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Air National Guard, $104,280,000 is
for the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
CT...................................... Bradley ANGB.............. Composite ASE Vehicle $17,000,000
Maintenance Facility.
DE...................................... New Castle County Airport. Fuel Cell and Corrosion 17,500,000
Control Hangar.
ID...................................... Boise Air Terminal (Gowen Medical Training Facility. 6,500,000
Field).
IL...................................... Abraham Lincoln Capital Base Civil Engineer 10,200,000
Airport. Complex.
NY...................................... Gabreski ANGB............. Base Civil Engineer 14,800,000
Complex.
SC...................................... McEntire JNGB............. Hazardous Cargo Pad....... 9,000,000
WA...................................... Camp Murray ANGS.......... Air Support Operations 27,000,000
Group Complex.
WI...................................... Volk Combat Readiness Replace Aircraft 2,280,000
Training Center. Maintenance Hangar/Shops:
Planning and Design.
----------------------------------------------------------------------------------------------------------------
Military Construction, Army Reserve
The agreement provides $94,111,000 for ``Military
Construction, Army Reserve'', which is $29,200,000 above the
budget request. Within this amount, the agreement includes
$7,167,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Army Reserve, $29,200,000 is for the following
project in the following amount:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
WI...................................... Fort McCoy................ Transient Training $29,200,000
Enlisted Barracks.
----------------------------------------------------------------------------------------------------------------
Military Construction, Navy Reserve
The agreement provides $71,804,000 for ``Military
Construction, Navy Reserve'', which is the same as the budget
request. Within this amount, the agreement includes
$6,005,000 for study, planning, design, architecture, and
engineering services.
Military Construction, Air Force Reserve
The agreement provides $120,074,000 for ``Military
Construction, Air Force Reserve'', which is $41,700,000 above
the budget request. Within this amount, the agreement
includes $5,830,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Air Force Reserve, $41,700,000 is for
the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
CA...................................... Beale AFB................. 940 ARW SQ OPS & AMU $33,000,000
Complex.
OH...................................... Youngstown Air Reserve Assault Strip Widening.... 8,700,000
Station.
----------------------------------------------------------------------------------------------------------------
North Atlantic Treaty Organization Security Investment Program
The agreement provides $215,853,000 for the ``North
Atlantic Treaty Organization Security Investment Program,''
which is $10,000,000 above the budget request.
Department of Defense Base Closure Account
The agreement provides $529,639,000 for the ``Department of
Defense Base Closure Account'', which is $245,000,000 above
the budget request.
Navy Base Closure and Realignment (BRAC) Remediation.--The
agreement includes an additional $85,000,000 above the budget
request for the Navy to accelerate environmental remediation
at installations closed under previous BRAC rounds.
Furthermore, the Navy is directed to provide to the
Committees a spend plan for these additional funds no later
than 60 days after enactment of this Act.
Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid
(PFOA).--The Committees continue to be concerned about the
extent of PFOS/PFOA contamination at closed U.S. military
installations and how that contamination is measured.
Therefore, the agreement includes an additional $150,000,000
above the budget request within the Base Closure Account to
increase the pace of cleanup at the military installations
affected by PFOS/PFOA. The Department is directed to submit a
spend plan for these additional funds to the Committees no
later than 60 days after enactment of this Act. Additionally,
the Committees direct the Deputy Assistant Secretary of
Defense for Environment to provide a report to the
congressional defense committees no later than 60 days after
enactment of this Act that establishes a baseline of
information regarding PFOS/PFOA at closed military
installations.
[[Page H2944]]
Family Housing
Item of Interest
Military Housing Privatization Initiative (MHPI).--The
agreement provides the requested funding for the Services to
ensure appropriate oversight of MHPI providers. Despite
significant changes in the program and implementation of the
Tenant Bill of Rights, Congress continues to hear complaints
about the state of homes within the MHPI, the timeliness and
thoroughness of repair and remediation of reported problems,
and the MHPI partners' communication with their tenants. The
Department is directed to report on its oversight plans and
use of the funds provided as well as the MHPI providers'
compliance with the Tenant Bill of Rights within 45 days of
enactment of this Act.
Family Housing Construction, Army
The agreement provides $99,849,000 for ``Family Housing
Construction, Army'', which is the same as the budget
request.
Family Housing Operation and Maintenance, Army
The agreement provides $391,227,000 for ``Family Housing
Operation and Maintenance, Army'', which is the same as the
budget request.
Family Housing Construction, Navy and Marine Corps
The agreement provides $77,616,000 for ``Family Housing
Construction, Navy and Marine Corps'', which is the same as
the budget request.
Family Housing Operation and Maintenance, Navy and Marine Corps
The agreement provides $357,341,000 for ``Family Housing
Operation and Maintenance, Navy and Marine Corps'', which is
the same as the budget request.
Family Housing Construction, Air Force
The agreement provides $115,716,000 for ``Family Housing
Construction, Air Force'', which is the same as the budget
request.
Family Housing Operation and Maintenance, Air Force
The agreement provides $325,445,000 for ``Family Housing
Operation and Maintenance, Air Force'', which is the same as
the budget request.
Family Housing Operation and Maintenance, Defense-Wide
The agreement provides $49,785,000 for ``Family Housing
Operation and Maintenance, Defense-Wide'', which is the same
as the budget request.
Department of Defense Family Housing Improvement Fund
The agreement provides $6,081,000 for the ``Department of
Defense Family Housing Improvement Fund'', which is the same
as the budget request.
Department of Defense Military Unaccompanied Housing Improvement Fund
The agreement provides $494,000 for the ``Department of
Defense Military Unaccompanied Housing Improvement Fund'',
which is the same as the budget request.
Administrative Provisions
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The agreement includes section 101 limiting the use of
funds under a cost-plus-a-fixed-fee contract.
The agreement includes section 102 allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The agreement includes section 103 allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The agreement includes section 104 prohibiting construction
of new bases in the United States without a specific
appropriation.
The agreement includes section 105 limiting the use of
funds for the purchase of land or land easements that exceed
100 percent of the value.
The agreement includes section 106 prohibiting the use of
funds, except funds appropriated in this title for that
purpose, for family housing.
The agreement includes section 107 limiting the use of
minor construction funds to transfer or relocate activities.
The agreement includes section 108 prohibiting the
procurement of steel unless American producers, fabricators,
and manufacturers have been allowed to compete.
The agreement includes section 109 prohibiting the use of
construction or family housing funds to pay real property
taxes in any foreign nation.
The agreement includes section 110 prohibiting the use of
funds to initiate a new installation overseas without prior
notification.
The agreement includes section 111 establishing a
preference for American architectural and engineering
services for overseas projects.
The agreement includes section 112 establishing a
preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll and in countries bordering the Arabian Gulf.
The agreement includes section 113 requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The agreement includes section 114 allowing funds
appropriated in prior years for new projects authorized
during the current session of Congress.
The agreement includes section 115 allowing the use of
expired or lapsed funds to pay the cost of supervision for
any project being completed with lapsed funds.
The agreement includes section 116 allowing military
construction funds to be available for five years.
The agreement includes section 117 allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Program.
The agreement includes section 118 allowing transfers to
the Homeowners Assistance Fund.
The agreement includes section 119 limiting the amount of
repair and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The provision also requires an annual report on the
expenditures of each quarter.
The agreement includes section 120 extending the
availability of funds in the Ford Island Improvement Account.
The agreement includes section 121 allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The agreement includes section 122 allowing for the
reprogramming of construction funds among projects and
activities subject to certain criteria.
The agreement includes section 123 prohibiting the
obligation or expenditure of funds provided to the Department
of Defense for military construction for projects at
Arlington National Cemetery.
The agreement includes section 124 providing additional
construction funds for unfunded requirements.
The agreement includes section 125 directing all amounts
appropriated to ``Military Construction, Army'', ``Military
Construction, Navy and Marine Corps'', ``Military
Construction, Air Force'', and ``Military Construction,
Defense-Wide'' accounts be immediately available and allotted
for the full scope of authorized projects.
The agreement includes section 126 extending the
eligibility of unobligated funding for fiscal year 2017
projects that have not lapsed.
The agreement includes section 127 rescinding unobligated
balances.
The agreement includes section 128 defining the
congressional defense committees.
The agreement includes section 129 providing funds for
various military construction accounts for DOD labs.
The agreement includes section 130 providing funds for the
Shipyard Infrastructure Optimization Plan.
The agreement includes section 131 providing funding for
military construction in support of missile and space
intelligence missions.
The agreement includes section 132 providing additional
funds for planning and design and unspecified minor
construction in order to improve military installation
resilience.
The agreement includes section 133 providing additional
funds for planning and design for child development center
construction projects.
The agreement includes section 134 providing funds for
various military construction accounts for natural disasters.
The agreement includes section 135 providing funds for cost
to complete projects for the Army National Guard and Air
National Guard.
The agreement includes section 136 allowing projects with a
total authorized cost of less than a certain amount to
increase the project cost by more than 50 percent of the
total authorized cost of the project under certain
circumstances.
The agreement includes section 137 providing the Navy with
planning and design funds for water treatment and
distribution infrastructure.
The agreement includes section 138 providing funds
specified to address cost increases identified subsequent to
the fiscal year 2022 budget request for authorized major
construction projects across various accounts.
The agreement includes section 139 providing funds
specified to address cost increases for authorized major
construction projects funded by this Act.
The agreement includes section 140 prohibiting the use of
funds in this Act to close or realign Naval Station
Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Items of Special Interest
Toxic Exposures.--The Committees remain concerned by the
long history of servicemembers being exposed to toxic
substances, including Agent Orange, radiation, per- and
polyfluoroalkyl substances (PFAS), and open burn pits, and
believe that the recent rulemaking activity expanding
presumptive benefits for veterans with toxic exposures is a
step in the right direction. More must be done, both in
expanding access to healthcare for veterans exposed to
toxins, as well as ensuring they are receiving the disability
and compensation benefits that they have earned.
The Department of Veterans Affairs (VA) is urged to work
with the Department of Defense (DOD) to ensure that VA has
information about every location in which servicemembers may
have been exposed to toxins in order to appropriately
adjudicate claims and make determinations about presumptive
eligibility. Further, to improve data on veteran exposure to
burn pits and potential health effects, the Committees
reiterate the direction provided in House Report 117-81,
requiring a report within 180
[[Page H2945]]
days on burn pit data tracking and reporting.
Additionally, the Committees support the Department's plans
to increase research on the effects of and treatments for
veterans exposed to toxins during their time in military
service, as well as the launch of the Military Exposure
Research Program. The Department is encouraged to partner
with DOD and other research institutions to leverage its
funding and to include gender-specific research in its
research efforts. The Committees reiterate the directions
provided in House Report 117-81 and Senate Report 117-35 to
address concerns from PFAS exposure.
To assist in better understanding the effects of exposure
to open burn pits and airborne hazards on the health of
veterans, the agreement provides $10,000,000 for the Airborne
Hazards and Burn Pits Center of Excellence.
The Department is directed to provide a spend plan to the
Committees on Appropriations detailing the planned use of
funds provided in this Act for programs focused on toxic
substances within 30 days of enactment of this Act. In
addition, the Department is directed, within 60 days of
enactment of this Act, to provide a retrospective report
detailing spending on programs and activities focused on
toxic substance exposure, including registries, research,
reviewing and adjudicating claims, and benefits and health
care for fiscal year 2021.
Supply Chain Modernization.--VA has well-documented medical
supply chain challenges, and on June 22, 2021, the United
States Court of Federal Claims issued an order that required
VA to adjust its planned efforts in this area. The Department
was provided significant funding intended to expedite their
ongoing modernization, but as this effort has continued to
demonstrate significant challenges, this bill includes a
provision that reallocates funding that VA has not yet used.
The Department has not provided a Supply Chain Management
Strategy to outline how its various supply chain initiatives
relate to each other, and what has been determined to be the
best path forward for this initiative, having considered all
options. The Secretary is directed, within 30 days of
enactment of this Act, to provide the Committees with an
update or the final version of its Supply Chain Management
Strategy, to include any changes necessary to the fiscal year
2022 Supply Chain Modernization spend plan based on the
challenges VA has experienced, including court rulings.
Unobligated Balances of Expired Discretionary Funds.--The
Department is directed to submit to the Committees on
Appropriations quarterly reports detailing all unobligated
balances of expired discretionary funds by fiscal year.
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
directs the Attorney General to ensure implementation of
evidence-based training programs on de-escalation and the
use-of-force, as well as on police community relations, and
the protection of civil rights, that are broadly applicable
and scalable to all Federal law enforcement agencies. The
agreement further notes that several agencies funded by this
Act employ Federal law enforcement officers and are Federal
Law Enforcement Training Centers partner organizations. The
agreement directs such agencies to consult with the Attorney
General regarding the implementation of these programs for
their law enforcement officers. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations on their efforts relating to such
implementation no later than 180 days after consultation with
the Attorney General. In addition, the agreement directs such
agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of
this Act, on their efforts to so participate.
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $152,016,542,000 for Compensation
and Pensions in advance for fiscal year 2023. Of the amount
provided, not more than $20,115,000 is to be transferred to
General Operating Expenses, Veterans Benefits Administration
(VBA) and Information Technology Systems for reimbursement of
necessary expenses in implementing provisions of title 38.
The agreement also provides an additional $8,955,364,000
above the fiscal year 2022 advance appropriation for this
account.
Disability Claims Backlogs during COVID-19.--As described
in House Report 117-81, the agreement continues to require
quarterly reporting on the status of the disability claims
backlog and requires VA to provide the first report within 90
days of the enactment of this Act.
READJUSTMENT BENEFITS
The agreement provides $8,906,851,000 for Readjustment
Benefits in advance for fiscal year 2023.
VETERANS INSURANCE AND INDEMNITIES
The agreement provides $109,865,000 for Veterans Insurance
and Indemnities in advance for fiscal year 2023.
VETERANS HOUSING BENEFIT PROGRAM FUND
The agreement provides such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The agreement limits
obligations for direct loans to not more than $500,000 and
provides $229,500,000 to be available for administrative
expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The agreement provides $2,838 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account,
plus $429,467 to be paid to the appropriation for General
Operating Expenses, Veterans Benefits Administration. The
agreement provides for a direct loan limitation of
$1,662,758.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The agreement provides $1,400,000 for administrative
expenses of the Native American Veteran Housing Loan Program
Account.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The agreement provides $3,453,813,000 for General Operating
Expenses, Veterans Benefits Administration and, of the amount
provided, up to 10 percent is available for obligation until
September 30, 2023. This amount is $30,813,000 above the
request, which is intended to help VA process new benefits
claims and lower the claims backlog, particularly as VA
identifies new presumptive service-connected conditions.
Equitable Relief.--As described in House Report 117-81, the
Secretary is directed to continue to grant or extend
equitable relief to eligible veterans initially deemed
eligible in instances of administrative error, and the
agreement requires the report to be submitted to the
Committees on Appropriations no later than 90 days after
enactment of this Act.
Veterans Health Administration
Negligence of Veterans Affairs Employees and Patient
Safety.--The agreement notes the direction in Senate Report
117-35 related to negligence of Veterans Affairs employees
and patient safety concerns. VA must do more to encourage its
employees to identify and report issues that could result in
harm to patients. The Department should expeditiously
complete the required report and schedule a briefing with the
Committees on Appropriations.
MEDICAL SERVICES
The agreement provides $70,323,116,000 in advance for
fiscal year 2023 for Medical Services, with $1,500,000,000
available through fiscal year 2024. The agreement maintains
bill language requiring the Secretary to ensure that
sufficient amounts are available for the acquisition of
prosthetics designed specifically for female veterans.
Caregivers Support.--The agreement includes $1,373,133,000
for VA's Caregivers Program, which is $20,000,000 above the
budget request.
Office of Rural Health.--The agreement provides
$327,455,000 for the Office of Rural Health and the Rural
Health Initiative, which is $20,000,000 above the budget
request.
Mental Health and Suicide Prevention
Mental Health and Suicide Prevention.--The agreement
provides $13,176,661,000 in discretionary funds for mental
health programs, of which $597,997,000 is for suicide
prevention outreach. In addition to the directives in House
Report 117-81 and Senate Report 117-35, the agreement urges
the Department to focus on preventing suicides on VA
properties.
The agreement provides $255,968,000 for the Veterans Crisis
Line (VCL) and directs the Department to ensure the VCL has
geolocation capabilities to ensure accurate emergency
dispatch to persons at risk of imminent harm to self or
others.
The agreement provides $40,000,000 for the National Center
for PTSD and encourages the Center to consider academic and
interagency collaborations to investigate novel combinatorial
forms of intervention for PTSD, including multifactor
approaches.
Preventing Veteran Homelessness
The agreement includes $2,154,450,000 in support of
programs to prevent veteran homelessness, including
$395,352,000 for Supportive Services for Veterans Families
(SSVF), $483,900,000 for the Department of Housing and Urban
Development-Veterans Affairs Supportive Housing (HUD-VASH),
$270,442,000 for Grant and Per Diem programs, and $70,103,000
for Veterans Justice Outreach program.
SSVF.--The agreement provides $420,000,000 for grant awards
in fiscal year 2023 and expects the Department to expand to
other locations to address gaps in services, as appropriate.
HUD-VASH.--As part of efforts to ensure adequate caseworker
staffing to assist homeless veterans and veterans at risk of
homelessness, the Department is directed to report to the
Committees on the contracting of case manager positions and
the effectiveness of contracted caseworkers, as described in
House Report 117-81 and Senate Report 117-35.
VHA Staffing and Clinical Workforce Issues
Annual Staffing Report.--The Committees appreciate the
Department's efforts to provide useful information regarding
its staffing challenges. Building off of the directive
included in the Joint Explanatory Statement accompanying
Public Law 116-260, the Committees direct the Veterans Health
Administration to provide no later than January 31
[[Page H2946]]
of each calendar year, beginning in January 2023, a
comprehensive report on: (1) staffing shortages generally;
(2) staffing needs in rural and remote areas; (3) staffing
needs for women's health providers; (4) the development, use,
and refinement of credentialing and staffing models; and (5)
its plans to address these workforce issues. The Committees
encourage the Department to focus on annually identified
occupational shortages, but note that it may from time-to-
time request information regarding specific types of
shortages, such as mental health providers. As such, the
Department is requested to track professions and specialties
of interest.
Telehealth and Connected Care
The agreement provides $2,435,182,000 to sustain and
increase telehealth capacity, including in rural, highly
rural, and underserved communities.
Telehealth Briefing.--VHA is directed to continue to expand
telehealth availability to include other mental health,
primary care, and rehabilitation services and to provide a
briefing as described in Senate Report 117-35 no later than
120 days after enactment of this Act on efforts to increase
telemedicine services to veterans and families and the
resources needed to make such services more readily
available.
Gender-Specific Care for Women
Gender-Specific Care for Women.--The agreement includes
$840,446,000, which is $30,000,000 above the budget request,
to support gender-specific care for women, as well as funding
for the program office and initiatives. The funding will
expand programmatic support for women's healthcare, including
operational efforts through the Office of Women's Health,
implementation of the Deborah Sampson Act, and investments in
women's health provider training, such as the Women Veterans
Health Care Mini Residency Program. The funding includes
$1,000,000 for peer support programs for women veterans, as
described in House Report 117-81.
The Department is directed to provide a spend plan
detailing how this funding will be allocated and describing
all planned activities related to care for women veterans to
the Committees no later than 90 days after enactment of this
Act. In addition, the Department is directed to provide
quarterly briefings to the Committees on the expenditure of
the funds. The Department is further directed to continue
improving medical facilities to meet the needs of women
veterans and is reminded of the annual reporting requirement
included in the Joint Explanatory Statement accompanying
Public Law 116-94 related to women's healthcare facilities.
Opioid Safety Initiatives and Substance Use Disorder Care
To continue to build upon opioid reduction efforts and
safety initiatives, the agreement includes $621,334,000 for
opioid prevention and treatment programs at VA, including
$245,666,000 for activities authorized by the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114-198). The
agreement supports robust funding to continue implementation
of the Jason Simcakoski Memorial and Promise Act. The
agreement also includes $155,970,000 for Substance Use
Disorder (SUD) efforts to ensure a greater number of veterans
can receive SUD specialty services.
Substance Use Disorders.--The Committees recognize the
ongoing work of VA to reduce substance use disorder among
veterans, and the importance of programs that utilize harm
reduction techniques and offer confidential education
information that can reduce substance use, relapse, hospital
visits and suicide. The agreement does not include the
funding and reporting requirement included in House Report
117-81 to establish an internet-based substance abuse
education program, but instead VA is urged to expand its
efforts related to SUD education and outreach and required to
submit a report to the Committees within 90 days of enactment
of this Act on how substance use education programs are being
implemented across the Department.
Whole Health
The agreement provides $83,600,000 for Whole Health, which
is $10,000,000 above the request, to continue to implement
and expand the Whole Health initiative to all VA facilities.
Within the total, the agreement includes $5,000,000 for
creative arts therapies, as described in House Report 117-81
and consistent with the budget request.
Long-Term Care
Long-Term Care.--The agreement provides $11,772,077,000 as
requested by the Department for long-term care. This includes
$8,095,395,000 for institutional care and $3,676,682,000 for
non-institutional care. VA is encouraged to continue
cooperating with community, State, and Federal partners to
expand these programs.
Other Health Issues
Neurology Centers of Excellence.--The Department is
encouraged to increase its investment to maintain and expand
existing centers of excellence within VA dedicated to
neurological conditions. The report requested in House Report
117-81 and Senate Report 117-35 is requested within 120 days
of enactment of this Act and should include details on
potential collaborations among the neurology centers of
excellence.
Epilepsy Center of Excellence.--The agreement provides
$10,000,000 for the Epilepsy Center of Excellence, as
requested.
Headache Disorders Centers of Excellence.--The Committees
encourage the Department to expand the Headache Disorders
Centers of Excellence system to include at least 28 sites
nationally. In lieu of the funding provided in House Report
117-81, the agreement reiterates the direction in Senate
Report 117-35 to provide a report that includes a plan to
expand the Headache Disorders Centers of Excellence. VA is
expected to provide sustained support for the Centers of
Excellence to ensure the successful recruitment and retention
of healthcare providers with specialty training in headache
medicine.
Pressure Injuries.--The report required in House Report
117-81 and Senate Report 117-35 on the Standardized Pressure
Injury Prevention Protocol Checklist is requested within 120
days of enactment of this Act.
Molecular Diagnostics for All Cancers.--The Committees
believe that every veteran with cancer deserves the highest
quality and most medically advanced diagnosis and treatment
available, and the Committees commend the Department's
Precision Oncology Program. In lieu of the funding in House
Report 117-81, the agreement includes up to $10,000,000 to
accelerate the adoption of molecular diagnostics for numerous
cancers, including rare cancers.
Adaptive Sports.--The agreement includes $27,048,000 for
National Veterans Sports Programs, including $16,000,000 for
adaptive sports programs, and no less than $1,500,000 for
equine therapy.
Medication Optimization for Veterans.--In lieu of the
funding provided in House Report 117-81, the Committees
direct VA to continue to increase investment in the expansion
of the use of clinically validated, evidence-based
pharmacogenomic analysis, testing and clinical decision
support tools to assess veterans, especially polypharmacy
patients, and those at higher risk for adverse drug events.
The agreement reiterates the report required in Senate Report
117-35 on the Department's use of these tools.
Remote Patient Diabetes Foot Ulcer Monitoring.--As noted in
House Report 117-81 and Senate Report 117-35, the Committees
encourage the Department to continue and expand efforts to
monitor diabetes patients remotely. The Department is
directed to provide a report to the Committees on
Appropriations within 180 days of enactment of this Act on
the effectiveness of current efforts to prevent foot
amputation, including findings from The Initiative to End
Diabetic Limb Loss in Veterans, and the feasibility,
including cost estimates, of expanding these programs to
reach an additional 20,000 veterans, as well as expanding to
additional VISNs.
Intimate Partner Violence Program.--The Committees support
the VA Intimate Partner Violence Program (IPV), which has
made important progress in implementing programs to combat
domestic violence, and direct the Department to fully
resource the IPV Program and to continue to include it as a
program of interest with budget detail in the justifications
accompanying the fiscal year 2023 budget submissions.
Safe Syringes for VA Health Workers.--The report required
in House Report 117-81 and Senate Report 117-35 on syringe
procurement standards is requested within 180 days of
enactment of this Act.
Pilot Programs for Agritherapy.--The agreement provides
$5,000,000 to continue a pilot program to train veterans in
agricultural vocations, while also tending to behavioral and
mental health needs with behavioral healthcare services and
treatments by licensed providers at no fewer than three
locations.
Oral Contraceptives.--In lieu of the direction in House
Report 117-81, the Committees note the potential advantages
for patients in receiving a full year's supply at once of
oral contraceptive pills that are for regular use and urge
the Department to improve awareness of the option to receive
a full year's supply of such pills, when medically
appropriate. The Committees request a report within 90 days
of enactment of this Act on how VA is improving awareness of
this option.
Assisted Reproductive Services.--The agreement does not
include the House directive.
Fertility Treatment Data.--In lieu of the reporting
requirements and directives under the heading ``Fertility
Treatment Data'' in House Report 117-81, the agreement
directs the Department to provide a report within 180 days of
enactment of this Act, and annually thereafter, regarding the
fertility treatment and counseling furnished by VA over the
past five fiscal years. The report should include the
following: (1) the number of veterans who received fertility
treatment or counseling furnished by the Department of
Veterans Affairs, disaggregated by era of military service of
such veterans; (2) the number of spouses of veterans who
received fertility treatment or counseling furnished by the
Department; (3) the cost to the Department of furnishing
fertility treatment and counseling, disaggregated by cost of
services and administration; (4) the average cost to the
Department per recipient of fertility treatment and
counseling; (5) in cases in which the Department furnished
fertility treatment through the use of assisted reproductive
technology, the average number of cycles per person
furnished, disaggregated by type of treatment; (6) a
description of how fertility treatment and counseling
services of the Department are coordinated with similar
services of the Department of Defense; and (7) the number of
women veterans who are ineligible for in vitro fertilization
treatment or other forms of assisted reproductive services
currently provided by the Department for certain veterans,
[[Page H2947]]
disaggregated by state of residence, race, age, and marital
status.
MEDICAL COMMUNITY CARE
The agreement provides $24,156,659,000 in advance funding
for fiscal year 2023 for Medical Community Care, with
$2,000,000,000 available until September 30, 2024. The
agreement provides an additional $3,269,000,000 above the
fiscal year 2022 advance appropriation for the Medical
Community Care account.
Medical Community Care Budget Estimates.--The agreement
fully funds the Department's requests for advance
appropriations in fiscal year 2023 and provides additional
funds for fiscal year 2022. The Committees are aware that
VA's actuarial models predict continued growth in the
account.
The Committees remain dedicated to supporting the needs of
the nation's veterans and understand veterans' healthcare
needs and choices are difficult to predict, particularly
during a global pandemic. However, the Department must ensure
that its budget requests are informed by historical trends,
utilization data, and actuarial models.
Rural Health Continuity of Care.--The agreement continues
to encourage VA to sustain continuity of care for rural
veterans in line with the direction included in Senate Report
117-35.
Dialysis Services.--The agreement encourages VA to ensure
care is not disrupted or diminished for dialysis patients and
reiterates the reporting requirement set forth in Senate
Report 117-35.
MEDICAL SUPPORT AND COMPLIANCE
The agreement provides $9,673,409,000 in advance for fiscal
year 2023 for Medical Support and Compliance, with
$200,000,000 available through fiscal year 2024.
MEDICAL FACILITIES
The agreement provides $7,133,816,000 in advance for fiscal
year 2023 for Medical Facilities, of which $350,000,000 is
made available through fiscal year 2024.
The Committees expect VA to provide, no later than 30 days
after enactment of this Act, an expenditure plan detailing
the planned use of the funds provided, and further, the
Committees request a quarterly update of the plan if the
funding for any single project changes by more than
$3,000,000 during that time period.
Community-Based Outpatient Clinic in Bakersfield,
California.--The Committees remain concerned that a new
Bakersfield CBOC remains unbuilt more than a decade after
Congress authorized this facility in Public Law 111-82. The
Committees direct the Secretary to expeditiously execute
Lease No. 36C10F20L0008 and activate the CBOC by the third
quarter of fiscal year 2023, as provided in the lease. The
Committees direct the Secretary to provide monthly reports on
the CBOC's progress until completion and activation.
Recurring Expenses Transformational Fund.--The agreement
supports the Department's plan to allocate $150,000,000 of
the Recurring Expenses Transformational Fund balances to
support non-recurring maintenance projects.
MEDICAL AND PROSTHETIC RESEARCH
The agreement provides $882,000,000 for Medical and
Prosthetic Research, available until September 30, 2023. Bill
language is included to ensure that the Secretary allocates
adequate funding for prosthetic research specifically for
female veterans and for toxic exposures.
Access to Clinical Oncology Trials.--The Committees
continue to applaud the ongoing collaborative efforts between
VA medical centers and NCI-designated comprehensive cancer
centers. In lieu of the funding in House Report 117-81, the
Committees direct VA to allocate up to $10,000,000 to support
partnerships between VA medical centers and NCI-designated
comprehensive cancer centers. The Committees further direct
VA to provide a report within 90 days of enactment of this
Act on how the Department will use these funds and how prior
year funds have been used to improve veterans' access to
cancer clinical trials, as previously directed.
Neural-Enabled Prosthetics.--The Committees understand the
uniqueness of limb trauma injuries sustained by
servicemembers in combat and support additional research in
this area. In lieu of the funding in House Report 117-81, the
agreement directs VA to continue its efforts to fund and
conduct research that will design and develop technology to
offset the effects of limb amputation, orthopedic injury and
disease, neuropathic pain, and other neurodegenerative
diseases by partnering with colleges and universities that
specialize in these fields. As the Department continues to
expand an innovative program of neuroprosthetics research,
the agreement directs the Department to provide an updated
report within 120 days of enactment of this Act to the
Committees on Appropriations on its efforts and how it will
continue to expand this research.
Spinal Cord Research.--The Committees recognize the
severity of spinal cord injuries and support additional
research in this area. The Department is encouraged to work
with outside organizations on spinal cord injury
translational research to improve the quality of life of
impaired and disabled veterans. In lieu of the funding in
House Report 117-81, the agreement directs the Department to
provide an updated report within 180 days of enactment of
this Act to the Committees on Appropriations on its efforts
to expand spinal cord research and opportunities to work with
outside organizations.
Research Facilities and Academic Affiliates.--As directed
in House Report 117-81 and Senate Report 117-35, the
Committees direct the Secretary to provide a report no later
than 90 days after enactment of this Act, on locations where
it would be feasible and appropriate to employ arrangements
that would allow for sharing agreements between local VA
Medical Centers to utilize existing research space at an
academic affiliate. The report should also outline the extent
barriers to these agreements exist, including legislative and
regulatory prohibitions.
National Cemetery Administration
The agreement provides $394,000,000 for the National
Cemetery Administration (NCA). Of the amount provided, up to
10 percent is available until September 30, 2023.
Prisoners of War Headstones.--The Committees appreciate
that the Department initiated a consultation process under
the National Historic Preservation Act to replace the
remaining headstone of a prisoner of war at Fort Douglas
National Cemetery in Salt Lake City, Utah, that features a
swastika and emphasize that this process should not
unnecessarily delay the replacement of this headstone. As
directed in House Report 117-81, VA is required to provide
monthly reports on the status of the consultation process and
the timeline for removal of this headstone to the Committees
on Appropriations.
Western New York Cemetery.--The Department is reminded of
the requirement to provide a plan and timeline for completing
the Western New York National Cemetery project, as described
in the fiscal year 2017 budget proposal, to the Committees on
Appropriations no later than 60 days after enactment of this
Act.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $401,200,000 for General
Administration. Of the amount provided, up to 10 percent is
available for obligation until September 30, 2023. The
agreement continues to include bill language permitting the
transfer of funds from this account to General Operating
Expenses, Veterans Benefits Administration.
In lieu of the funding provided in House Report 117-81 on
21st Century Integrated Digital Experience Act (IDEA) (Public
Law 115-336) compliance for the Center for Women Veterans,
the Committees reiterate support for VA to fully implement
the requirements of the 21st Century IDEA Act and increase
investment to stand up fully compliant websites across the
enterprise, including the website for the Center for Women
Veterans. The Department is directed to report to the
Committees on Appropriations on plans to modernize the Center
for Women Veterans website and digital service delivery
programs, and how it will comply with all 21st Century IDEA
Act requirements no later than 180 days following enactment
of this Act.
Financial Management Business Transformation (FMBT).--The
agreement provides $19,590,000 for FMBT.
The agreement provides funding for General Administration
in the amounts specified below:
($ in thousands)
------------------------------------------------------------------------
Office \1\ Amount
------------------------------------------------------------------------
Office of the Secretary................................. $16,265
Office of General Counsel............................... 125,510
Office of Management.................................... 73,726
Office of Human Resources & Administration/Operations, 103,646
Security & Preparedness................................
Office of Enterprise Integration........................ 33,636
Office of Public and Intergovernmental Affairs.......... 14,435
Office of Congressional & Legislative Affairs........... 7,480
Office of Accountability & Whistleblower Protection..... 26,502
---------------
Total................................................. $401,200
------------------------------------------------------------------------
\1\ The Office of Acquisition, Logistics & Construction and the Veterans
Experience Office are funded solely with reimbursable authority.
The Secretary may alter these allocations if the Committees
have been notified and written approval is provided.
BOARD OF VETERANS APPEALS
The agreement provides $228,000,000 for the Board of
Veterans Appeals, of which up to 10 percent shall remain
available until September 30, 2023.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $4,842,800,000 for the Information
Technology (IT) Systems account. The agreement includes
$1,414,215,000 for staff salaries and expenses,
$3,131,585,000 for operation and maintenance of existing
programs, and $297,000,000 for program development.
The agreement makes no more than 3 percent of pay and
associated costs funding available until the end of fiscal
year 2023, no more than 5 percent of operations and
maintenance funding available until the end of fiscal year
2023, and all IT systems development funding available until
the end of fiscal year 2023.
The agreement continues to include language permitting
funding to be transferred among the three IT subaccounts,
subject to approval from the Committees, and allowing funding
to be transferred among development projects or to new
projects subject to the Committees' approval. Further, the
agreement prohibits increasing or decreasing a development
project by more than $3,000,000 prior to receiving approval
of the Committees or after a period of 30 days has elapsed.
[[Page H2948]]
This table is intended to serve as the approved list of
development projects; as noted above, any requested changes
exceeding $3,000,000 to a project are subject to
reprogramming requirements.
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
($ in thousands)
------------------------------------------------------------------------
Project Agreement
------------------------------------------------------------------------
Clinical Applications................................... $103,624
Supply Chain Management............................... 76,105
Healthcare Administration Systems..................... 20,710
Health Data Interoperability.......................... 2,125
My HealtheVet......................................... 4,684
Health Management Platform.............................. 69,096
Community Care........................................ 34,853
Digital Health Platform............................... 11,807
Patient Record System................................. 9,000
Purchased Care........................................ 6,836
Telehealth Services................................... 6,600
Health Research and Development......................... 8,660
Benefits Systems........................................ 87,390
Education Benefits.................................... 50,000
Veterans Customer Experience.......................... 9,880
Veterans Benefits Management.......................... 14,285
Benefits Systems...................................... 9,825
Benefits Appeals...................................... 3,400
Memorial Affairs........................................ 9,030
Memorials Automation.................................. 9,030
Cyber Security.......................................... 11,200
Information/Infrastructure Management................... 8,000
Data Integration and Management....................... 8,000
---------------
Total, all development.............................. $297,000
------------------------------------------------------------------------
Recurring Expenses Transformational Fund.--The agreement
supports the Department's plan to allocate $670,000,000 of
the Recurring Expenses Transformational Fund balances to
support information technology.
VETERANS ELECTRONIC HEALTH RECORD
The agreement provides $2,500,000,000 for Veterans
Electronic Health Record for activities related to the
development and rollout of VA's Electronic Health Record
Modernization (EHRM) initiative, the associated contractual
costs, and the salaries and expenses of employees hired under
titles 5 and 38, United States Code.
Furthermore, the agreement makes 25 percent of the funds
contingent upon the Secretary providing a plan with
benchmarks and measurable metrics for deployment and a plan
for addressing all required infrastructure upgrades to the
Committees on Appropriations no later than 30 days prior to
July 1, 2022. The Secretary is not provided transfer
authority and is directed to continue using this account as
the sole source of funding within the Department for EHRM.
While the Committees remain supportive of the EHRM
initiative and the Secretary's comprehensive strategic
review, as with any acquisition of this size and magnitude,
there continue to be implementation concerns. The funding
level and contingency requirement recognize the
implementation delays and challenges to date, as well as the
need to communicate a clear plan to address infrastructure
needs, deploy the new system, monitor progress, and
demonstrate success.
The Committees expect the Department to follow the
direction in bill language, as well as in House Report 117-81
and Senate Report 117-35. This includes, but is not limited
to, the continuation of quarterly reporting and briefings.
The agreement continues to direct the Government
Accountability Office to conduct quarterly performance
reviews of EHRM deployment and to report to the Committees on
Appropriations each quarter.
OFFICE OF INSPECTOR GENERAL
The agreement provides $239,000,000 for the Office of
Inspector General. Of the amount provided, up to 10 percent
is available for obligation until September 30, 2023.
CONSTRUCTION, MAJOR PROJECTS
The agreement provides $1,611,000,000 for Construction,
Major Projects. The agreement makes this funding available
for five years, except that $700,000,000 is made available
until expended, of which $100,000,000 shall be available for
seismic improvement projects.
The agreement funds the following items requested in the
budget submission:
CONSTRUCTION, MAJOR PROJECTS
($ in thousands)
------------------------------------------------------------------------
Location Description Amount
------------------------------------------------------------------------
Veterans Health Administration
(VHA):
Biloxi, MS........................ Restoration of $22,500
Hospital/
Consolidation of
Gulfport.
Portland, OR...................... Upgrade Portland 20,000
Bldg 100/101 for
Seismic Retrofit
and Renovation.
Louisville, KY.................... New Medical Center.. 93,000
San Francisco, CA................. New Research 74,400
Facility.
West Los Angeles, CA.............. Build New Critical 40,000
Care Center.
Long Beach, CA.................... Mental Health & 20,000
Community Living
Center.
Canandaigua, NY................... Construction and 60,159
Renovation.
San Diego, CA..................... SCI & Seismic 10,000
Building 11.
Dallas, TX........................ Spinal Cord Injury.. 43,239
Oklahoma City, OK................. Construct Surgical 18,103
Intensive Care Unit
and Renovate
Operating Rooms.
St. Louis (JC), MO................ Replace Bed Tower, 92,000
Clinical Bldg
Expansion & Parking
Garage.
El Paso, TX....................... Construct New Health 150,000
Care Center.
Various Stations.................. Advance Planning and 417,699
Design Fund.
Various Stations.................. Asbestos............ 12,000
Various Stations.................. Construction and 124,600
Facilities
Management Staff.
Various Stations.................. Hazardous Waste..... 4,000
Various Stations.................. Judgment Fund....... 35,000
Various Stations.................. Non-Departmental 132,000
Federal Entity
Project Management
Support.
Various Stations.................. Seismic Corrections. 100,000
------------------------------------------------------------------------
Subtotal, VHA................. .................... $1,468,700
National Cemetery Administration
(NCA):
Fort Logan, CO.................... Phase 1 Gravesite 50,000
Expansion.
Indiantown Gap, PA................ Phase 5 Gravesite 44,500
Expansion.
Various Stations.................. Advance Planning and 35,000
Design Fund.
Various Stations.................. NCA Land Acquisition 1,000
------------------------------------------------------------------------
Subtotal, NCA................. .................... $130,500
General Administration/Staff Department Advance 11,800
Offices Planning and Design
Fund for Major
Construction.
------------------------------------------------------------------------
Major Construction, Total..... .................... $1,611,000
------------------------------------------------------------------------
CONSTRUCTION, MINOR PROJECTS
The agreement provides $553,000,000 for Construction, Minor
Projects. The agreement makes this funding available for five
years, except that $55,300,000 is made available until
expended. The agreement includes $359,210,000 for the
Veterans Health Administration, $106,990,000 for the National
Cemetery Administration, $22,100,000 for the Veterans
Benefits Administration, and $64,700,000 for staff offices
and the Office of Information Technology.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The agreement provides $50,000,000 for Grants for
Construction of State Extended Care Facilities, to remain
available until expended, which is $50,000,000 above the
request.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The agreement provides $48,500,000 for Grants for
Construction of Veterans Cemeteries, to remain available
until expended, which is $3,500,000 above the request.
ASSET AND INFRASTRUCTURE REVIEW
The agreement provides $5,000,000 for the Asset and
Infrastructure Review account. This is a new account for
fiscal year 2022 to support the work of the Asset and
Infrastructure Review Commission.
Administrative Provisions
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The agreement includes section 201 allowing for the
transfer of funds among the three mandatory accounts.
The agreement includes section 202 allowing for the
transfer of funds among the four medical accounts.
The agreement includes section 203 allowing salaries and
expenses funds to be used for the hire of passenger vehicles,
lease of facilities or land, and purchase of uniforms.
The agreement includes section 204 restricting the accounts
that may be used for the acquisition of land or the
construction of any new hospital or home.
The agreement includes section 205 limiting the use of
funds in the Medical Services account only for entitled
beneficiaries unless reimbursement is made to the Department.
The agreement includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of
prior year accrued obligations for those accounts.
The agreement includes section 207 allowing the use of
appropriations available in this title to pay prior year
obligations.
The agreement includes section 208 allowing the Department
to use surplus earnings from the National Service Life
Insurance Fund, the Veterans' Special Life Insurance Fund,
and the United States Government Life Insurance Fund to
administer these programs.
The agreement includes section 209 allowing the Department
to cover the administrative expenses of enhanced-use leases
and provides authority to obligate these reimbursements in
the year in which the proceeds are received.
The agreement includes section 210 limiting the amount of
reimbursement the Office of Resolution Management, the Office
of Employment Discrimination Complaint Adjudication, and the
Office of Diversity and Inclusion can charge other offices of
the Department for services provided.
The agreement includes section 211 requiring the Department
to collect third-party payer information for persons treated
for a non-service-connected disability.
The agreement includes section 212 allowing for the use of
enhanced-use leasing revenues for Construction, Major
Projects and Construction, Minor Projects.
The agreement includes section 213 outlining authorized
uses for Medical Services funds.
The agreement includes section 214 allowing for funds
deposited into the Medical Care Collections Fund to be
transferred to the Medical Services and Medical Community
Care accounts.
The agreement includes section 215 which allows Alaskan
veterans to use medical facilities of the Indian Health
Service or tribal organizations.
The agreement includes section 216 permitting the transfer
of funds from the Department of Veterans Affairs Capital
Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The agreement includes section 217 requiring the Secretary
to submit financial status quarterly reports for each of the
Administrations in the Department. The specific data
requested is similar to that requested in the fiscal year
2017 conference report.
The agreement includes section 218 requiring the Department
to notify and receive approval from the Committees of any
proposed transfer of funding to or from the Information
Technology Systems account and limits the aggregate annual
increase in the account to no more than 10 percent of the
funding appropriated to the account in this Act.
[[Page H2949]]
The agreement includes section 219 providing up to
$379,009,000 of specified fiscal year 2022 funds for transfer
to the Joint DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 220 which permits up to
$323,242,000 of specified fiscal year 2023 medical care
funding provided in advance to be transferred to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 221 which authorizes
transfers from the Medical Care Collections Fund to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 222 which transfers at least
$15,000,000 from VA medical accounts to the DOD-VA Health
Care Sharing Incentive Fund.
The agreement includes section 223 prohibiting funds from
being used to replace the current system by which VISNs
select and contract for diabetes monitoring supplies and
equipment.
The agreement includes section 224 requiring that the
Department notify the Committees of bid savings in a major
construction project of at least $5,000,000, or 5 percent,
whichever is less, 14 days prior to the obligation of the bid
savings and describe their anticipated use.
The agreement includes section 225 which prohibits VA from
increasing the scope of work for a major construction project
above the scope specified in the original budget request
unless the Secretary receives approval from the Committees.
The agreement includes section 226 requiring a quarterly
report from each VBA regional office on pending disability
claims, both initial and supplemental; error rates; the
number of claims processing personnel; corrective actions
taken; training programs; and review team audit results. It
also requires a quarterly report on the number of appeals
pending at the Veterans Benefits Administration and the Board
of Veterans Appeals.
The agreement includes section 227 requiring VA to notify
the Committees 15 days prior to any staff office relocations
within VA of 25 or more full-time-equivalent staff.
The agreement includes section 228 requiring the Secretary
to report to the Committees each quarter about any single
national outreach and awareness marketing campaign exceeding
$1,000,000.
The agreement includes section 229 permitting the transfer
to the Medical Services account of fiscal year discretionary
2022 funds appropriated in this Act or available from advance
fiscal year 2022 funds already appropriated, except for funds
appropriated to General Operating Expenses, VBA, to address
possible unmet, high priority needs in Medical Services, upon
approval of the Committees.
The agreement includes section 230 permitting the transfer
of funding between the General Operating Expenses, Veterans
Benefits Administration account and the Board of Veterans
Appeals account upon approval of the Committees.
The agreement includes section 231 prohibiting the
Secretary from reprogramming funds in excess of $7,000,000
among the major construction projects or programs unless the
reprogramming is approved by the Committees.
The agreement includes section 232 maintaining certain
professional standards for the veterans crisis hotline and
requiring a study to assess its effectiveness.
The agreement includes section 233 prohibiting the use of
funds, from the period October 1, 2018, through January 1,
2024, in contravention of VHA's guidelines on breast cancer
screening published on May 10, 2017.
The agreement includes section 234 addressing the use of
funding for assisted reproductive technology treatment and
adoption reimbursement.
The agreement includes section 235 prohibiting any funds
being used in a manner that is inconsistent with statutory
limitations on outsourcing.
The agreement includes section 236 pertaining to exceptions
for Indian- or Native Hawaiian-owned businesses contracting
with VA.
The agreement includes section 237 directing the
elimination over a series of years of the use of social
security numbers in VA programs.
The agreement includes section 238 referencing the
provision in the 2017 Appropriations Act pertaining to
certification of marriage and family therapists.
The agreement includes section 239, which prohibits funds
from being used to transfer funding from the Filipino
Veterans Equity Compensation Fund to any other VA account.
The agreement includes section 240 permitting funding to be
used in fiscal years 2022 and 2023 to carry out and expand
the child care pilot program authorized by section 205 of
Public Law 111-163.
The agreement includes section 241 prohibiting VA from
using funds to enter into an agreement to resolve a dispute
or claim with an individual that would restrict the
individual from speaking to members of Congress or their
staff on any topic, except those required to be kept secret
in the interest of national defense or the conduct of foreign
affairs.
The agreement includes section 242 referencing language in
the 2017 Appropriations Act requiring certain data to be
included in budget justifications for major construction
projects.
The agreement includes section 243 prohibiting the use of
funds to deny the Inspector General timely access to
information unless a provision of law expressly refers to the
Inspector General and expressly limits such access.
The agreement includes section 244 prohibiting funding from
being used in a manner that would increase wait times for
veterans at medical facilities.
The agreement includes section 245 prohibiting the use of
funds in fiscal year 2022 to convert any program which
received specific purpose funds in fiscal year 2021 to a
general purpose-funded program without the approval of the
Committees on Appropriations at least 30 days prior to any
such action.
The agreement includes section 246 referencing language in
the 2017 Appropriations Act regarding the verification of
service for coastwise merchant seamen.
The agreement includes section 247 addressing animal
research at the Department of Veterans Affairs.
The agreement includes section 248 requiring the ratio of
veterans to full-time employment equivalents in any
rehabilitation program not to exceed 125 veterans to one
full-time employment equivalent.
The agreement includes section 249 allowing fiscal year
2022 and 2023 ``Medical Community Care'' funds to be used to
cover obligations that otherwise would be paid by the
Veterans Choice Fund, if necessary.
The agreement includes section 250 allowing obligations and
expenditures applicable to the ``Medical Services'' account
in fiscal years 2017 through 2019 for aid to state homes to
remain in the ``Medical Community Care'' account.
The agreement includes section 251 specifying an amount
from the four medical care accounts for gender-specific care
for women.
The agreement includes section 252 allowing transfers from
``Medical Facilities'' and ``General Administration'' to the
``Asset and Infrastructure Review'' account upon approval by
the Committees.
The agreement includes section 253 rescinding and
reappropriating funds from the ``Recurring Expenses
Transformational Fund'' established in section 243 of
division J of Public Law 114-113.
The agreement includes section 254 requiring quarterly
reports on the status of the ``Veterans Medical Care and
Health Fund,'' established to execute section 8002 of the
American Rescue Plan.
The agreement includes section 255 rescinding unobligated
balances.
The agreement includes section 256 rescinding unobligated
balances.
The agreement includes section 257 providing contributions
from other Federal agencies to VA Non-Profit Corporations for
research with an extended distribution authority on valid
obligations.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The agreement provides $87,500,000 for Salaries and
Expenses of the American Battle Monuments Commission (ABMC),
an increase of $2,700,000 above the budget request. The
additional funds will allow ABMC to not only maintain the
cemeteries and monuments honoring America's war dead, but
also to preserve and communicate these veterans' stories of
courage and sacrifice.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The agreement provides such sums as necessary for the
Foreign Currency Fluctuations Account.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
The agreement provides $41,700,000 for Salaries and
Expenses for the United States Court of Appeals for Veterans
Claims.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
The agreement provides $87,000,000 for Cemeterial Expenses,
Army--Salaries and Expenses. Within that amount, up to
$15,000,000 in funding is available until September 30, 2024.
CONSTRUCTION
The agreement provides $141,000,000 for Construction, to
support Arlington National Cemetery's Southern Expansion
project that would provide approximately 80,000 burial
opportunities and extend the life of the cemetery.
Armed Forces Retirement Home
TRUST FUND
The agreement provides a total of $77,000,000 for the Armed
Forces Retirement Home (AFRH), an increase of $1,700,000
above the budget request. The increase is intended to support
high-priority capital projects, particularly those currently
under design, as well as operations and maintenance
requirements. The agreement requires AFRH to provide an
expenditure plan detailing the planned use of the funds
provided for capital projects, as directed in House Report
117-81. The agreement also includes two-year availability of
funds for operations and maintenance.
Administrative Provision
The agreement includes section 301 allowing Arlington
National Cemetery to deposit and use funds derived from
concessions.
TITLE IV
GENERAL PROVISIONS
The agreement includes section 401 prohibiting the
obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
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The agreement includes section 402 prohibiting the use of
the funds in this Act for programs, projects, or activities
not in compliance with Federal law relating to risk
assessment, the protection of private property rights, or
unfunded mandates.
The agreement includes section 403 encouraging all
departments and agencies funded in this Act to expand the use
of ``E-Commerce'' technologies and procedures.
The agreement includes section 404 specifying the
congressional committees that are to receive all reports and
notifications.
The agreement includes section 405 prohibiting the transfer
of funds to any department, agency, or instrumentality of the
United States Government without authority from an
appropriations Act.
The agreement includes section 406 prohibiting the use of
funds for a project or program named for a serving Member,
Delegate, or Resident Commissioner of the United States House
of Representatives.
The agreement includes section 407 requiring all reports
submitted to Congress to be posted on official web sites of
the submitting agency.
The agreement includes section 408 prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The agreement includes section 409 prohibiting the use of
funds for the payment of first-class air travel by an
employee of the executive branch.
The agreement includes section 410 prohibiting the use of
funds in this Act for any contract where the contractor has
not complied with E-Verify requirements.
The agreement includes section 411 prohibiting the use of
funds in this Act to construct facilities on military
installations that do not meet resiliency standards.
The agreement includes section 412 prohibiting the use of
funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been
detained at the United States Naval Station, Guantanamo Bay,
Cuba.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2022
The explanatory statement accompanying this division is
approved and indicates congressional intent. In implementing
this agreement, Federal departments, agencies, commissions,
and other entities are directed to comply with the
directives, reporting requirements, and instructions
contained in the H.Rept. 117-84 (House report) accompanying
H.R. 4373 (House bill) as though stated in this explanatory
statement, unless specifically directed to the contrary.
This explanatory statement, while repeating some House
report language for emphasis or clarification, does not
negate language in such report unless expressly provided
herein. Language expressing an opinion or making an
observation in the House report represents the view of the
House committee unless specifically endorsed in this
explanatory statement.
Reports required to be submitted pursuant to the Act,
including reports required by this explanatory statement and
the House report, may not be consolidated to include
responses to multiple requirements in a single report, except
following consultation with the Committees on Appropriations.
For purposes of this explanatory statement, the term ``the
Act'' means the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2022, and the term
``prior Acts'' means prior Acts making appropriations for the
Department of State, foreign operations, and related
programs. In addition, ``division K of Public Law 116-260''
means the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2021; ``division G of
Public Law 116-94'' means the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020;
``division F of Public Law 116-6'' means the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2019; ``division J of Public Law 115-31''
means the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017; and ``division K
of Public Law 113-76'' means the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014.
For the purposes of this Act, the term ``regular
notification procedures of the Committees on Appropriations''
shall mean such Committees must be notified not less than 15
days in advance of the initial obligation of funds, and the
term ``reporting procedures of the Committees on
Appropriations'' shall mean a report must be provided to such
Committees not more than 90 days after the conclusion of
fiscal year 2022.
Federal agencies funded by the Act shall notify the
Committees on Appropriations of any reprogramming, as
required by section 7015 of the Act, at the most detailed
level of the Congressional Budget Justification (CBJ), the
Act, or this explanatory statement.
Congressional notifications submitted by the heads of the
Federal agencies funded in the Act for funds that are being
reallocated prior to initial obligation, reprogrammed, or
reobligated after deobligation, shall, to the maximum extent
practicable, contain detailed information about the sources
of the funds and why such funds are no longer needed or
intended to be used as previously justified.
The agencies and entities funded by the Act are directed to
obligate the funds appropriated for fiscal year 2022 in a
prudent but timely manner.
Section 7019 of the Act requires that amounts designated in
the respective tables included in this explanatory statement
for funds appropriated in titles III through V, including
tables in title VII, shall be made available in the amounts
designated, unless otherwise provided for in the Act, and
shall be the basis of the report required by section 653(a)
of the Foreign Assistance Act of 1961 (FAA) (653(a) report),
where applicable. In lieu of the tables and allocations of
funding contained in the House report, the tables and
allocations contained in this explanatory statement shall
guide departments, agencies, commissions, and other entities
when allocating funds. The Act provides that the amounts
designated in the tables shall be made available
notwithstanding the date of the transmission of the 653(a)
report. The authority of section 7019(b) to deviate by more
than 10 percent shall not be used to deviate to zero unless
such funds cannot be legally obligated or conditions are such
that such deviation is directly related to the national
security interest of the United States.
Proposed deviations from tables in titles I and II in this
explanatory statement are subject to the regular notification
procedures of the Committees on Appropriations, unless an
exception or deviation authority is specifically provided in
the Act or this explanatory statement.
The Secretary of State and the Administrator of the United
States Agency for International Development (USAID) shall
continue to provide the Committees on Appropriations
electronic copies of all reports, notifications, spend plans,
and any other documents required by the Act, prior Acts, this
and prior explanatory statements and statements of managers,
the House report, and prior reports.
For purposes of the Act and this explanatory statement, the
term ``prior consultation'' means a pre-decisional engagement
between a relevant Federal agency and the Committees on
Appropriations during which such Committees are given a
meaningful opportunity to provide facts and opinions, in
advance of any public announcement, to inform: (1) the use of
funds; (2) the development, content, or conduct of a program
or activity; or (3) a decision to be taken. Additionally,
section 7020 of the Act includes specific requirements
regarding multi-year pledges.
Notwithstanding authority included in any provision of the
Act shall not be construed to exclude the requirements of
such provision.
Pursuant to section 7016(b) any Federal agency receiving
funds made available by the Act shall post on its publicly
available website any report required by the Act not later
than 45 days following the receipt of such report by
Congress. This requirement does not apply if: (1) the public
posting of the report would compromise national security,
including the conduct of diplomacy; (2) the report contains
proprietary, privileged, or sensitive information; or (3) the
public posting of the report is specifically exempted in the
House report or this explanatory statement.
For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177), with respect to
appropriations contained in the Act, the term ``program,
project, and activity'' (PPA) means any item for which a
dollar amount is specified in the Act or this explanatory
statement. In addition, the definition of PPA in section 7023
of the Act shall apply to the accounts listed in that
section. In carrying out any Presidential sequestration,
Federal agencies funded by the Act shall conform to the
definition of PPA described in this paragraph.
In submitting annual CBJs, each Federal agency funded by
the Act shall include detailed information on all available
resources, including estimated prior year unobligated
balances and recoveries, reimbursable agreements, funds
transferred pursuant to section 632(a) and (b) of the FAA and
significant uses of the Economy Act (31 U.S.C. 1535).
Agencies that use a Working Capital Fund (WCF) shall include
in CBJs the total budgetary resources for each office that
receives funds from a WCF, and include a table on WCF
resources that will serve as a baseline for reprogramming and
transfer purposes. CBJs shall also include estimated savings
from any proposed office or mission closure or
reorganization, elimination of special envoys and other
senior level special representatives, and actual prior year
representation expenses for each department and agency where
such expenses are authorized.
Spend plans submitted pursuant to section 7062(b) of the
Act shall: (1) include all intended sources of funds made
available by the Act and any other resources, as applicable,
for such program; and (2) conform to the definition of such
plan under section 7034(t)(4) of the Act.
Consistent with prior fiscal years, none of the funds made
available by the Act may be used to send or otherwise pay for
the attendance of more than 50 employees of Federal agencies
who are stationed in the United States at any single
international conference occurring outside the United States,
unless the Secretary of State reports to the appropriate
congressional committees at least 5 days in advance that such
attendance is important to the national interest. For
purposes of this restriction, the term ``international
conference'' means a conference attended by representatives
of the United States Government and of foreign governments,
international organizations, or nongovernmental organizations
(NGOs).
Federal agencies funded by the Act shall not provide
bonuses to government contractors who fail to complete their
contract in a satisfactory manner, including as a result of
avoidable scheduling delays or cost overruns.
In lieu of language in the House report under the heading
COVID-19 Response and Recovery, the agreement provides for
the safety of United States citizens by combating infectious
diseases and strengthening health systems abroad.
In lieu of the directive in the House report regarding the
response to the global pandemic, the USAID Administrator
should ensure such programming is inclusive of all affected
communities, including marginalized groups, that may
experience barriers in access to government services.
The agreement does not endorse directives under certain
House report headings: Discrimination of LGBTQI+ persons;
Non-Discrimination Policies (under Operating Expenses); and
Mexico, regarding funding for violence prevention programs at
Mexico's northern border.
The language in the House report under the heading Bill
Organization regarding women's health and family planning is
modified by the agreement.
For the purposes of this explanatory statement, the term
``designated as an emergency requirement'' means that such
amount is designated as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
In addition to amounts in this division, the agreement
includes $6,800,000,000 in division N for assistance to
respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine and for additional support for
other vulnerable populations and communities. Each of the
additional amounts are designated as an emergency
requirement.
[[Page H2993]]
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The agreement includes $12,586,112,000 for Administration
of Foreign Affairs. The agreement includes a total of
$5,771,348,000 for embassy security, as contained in the
table below:
EMBASSY SECURITY
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Worldwide Security Protection.............................. 3,788,199
Embassy Security, Construction, and Maintenance............ 1,983,149
------------
Total.................................................. 5,771,348
------------------------------------------------------------------------
DIPLOMATIC PROGRAMS
The agreement includes $9,178,789,000 for Diplomatic
Programs in this division. An additional $125,000,000 is
included under the heading in division N and designated as an
emergency requirement. Funds appropriated by the Act for
activities, bureaus, and offices under this heading are
allocated according to the following table:
DIPLOMATIC PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Category Budget Authority
------------------------------------------------------------------------
Human Resources...................................... 3,216,871
Worldwide Security Protection...................... [661,240]
Overseas Programs.................................... 1,791,425
Diplomatic Policy and Support........................ 994,768
Security Programs.................................... 3,175,725
Worldwide Security Protection...................... [3,126,959]
------------------
Total............................................ 9,178,789
------------------------------------------------------------------------
BUREAU/OFFICE
(Includes salary and bureau-managed funds)
------------------------------------------------------------------------
------------------------------------------------------------------------
Bureau of Administration
Freedom of Information Act............................... [41,300]
Bureau of Democracy, Human Rights, and Labor
Human Rights Vetting..................................... [15,000]
Atrocities Prevention Training........................... [500]
Special Advisor for International Disability Rights...... [750]
Special Envoy for the Human Rights of LGBTI Persons...... [500]
Bureau of Economic and Business Affairs
Office of Terrorism Financing and Economic Sanctions [9,785]
Policy..................................................
Bureau of European and Eurasian Affairs
Office of the Special Envoy for Holocaust Issues......... [1,000]
Bureau of Near Eastern Affairs
Special Envoy for Yemen.................................. [500]
Bureau of Oceans and International Environmental and
Scientific Affairs
Arctic Indigenous Exchange Program....................... [750]
Institute for Transatlantic Engagement 2,000
Office of International Religious Freedom 8,750
Religious freedom curriculum development................. [600]
Office of the Secretary
Office of Diversity and Inclusion........................ [4,000]
Office of Global Women's Issues.......................... [10,000]
Office of the Special Presidential Envoy for Hostage [1,250]
Affairs.................................................
Special Coordinator for Tibetan Issues................... [1,000]
Office to Monitor and Combat Anti-Semitism............... [1,000]
Office to Monitor and Combat Trafficking in Persons........ 17,000
Race, Ethnicity, and Social Inclusion Unit................. 2,000
------------------------------------------------------------------------
The agreement includes funding for additional Foreign
Service Officers and Civil Service positions for the
Department of State in fiscal year 2022. Prior to submitting
the operating plan required by section 7062(a) of the Act,
the Secretary of State shall consult with the Committees on
Appropriations on current staffing levels, including
projected staffing levels for mid-level Foreign Service
Officers and major changes from the prior fiscal year.
Ambassador-at-Large for the Arctic Region.--The agreement
provides $2,000,000 to support the activities of an
Ambassador-at-Large for the Arctic Region or until the
establishment of such an Ambassador-at-Large, the U.S.
Coordinator for the Arctic Region. The Secretary of State
shall consider elevating the current U.S. Coordinator for the
Arctic Region to this position given the increasing strategic
importance of this region, and not later than 90 days after
enactment of the Act, consult with the appropriate
congressional committees on the feasibility of doing so. The
Secretary shall also consult on the need to clarify the roles
and responsibilities between the Coordinator and Bureau of
Oceans and International Environmental and Science Affairs'
Office of Ocean and Polar Affairs, as highlighted by the
Office of Inspector General in its report Inspection of the
Bureau of Oceans and International Environmental and
Scientific Affairs (ISP-I-21-23).
Annual Country Human Rights Report.--In lieu of the
directives on the annual country human rights reports in the
House report, the Secretary of State shall consult with the
Committees on Appropriations on such report.
Arctic Council Secretariat.--The agreement provides $50,000
for the Indigenous Peoples Secretariat to support the work of
the U.S. based Permanent Party Participants to the Arctic
Council.
Arctic Indigenous Exchange Program.--The agreement provides
$750,000 for an Arctic Indigenous Exchange Program between
Indigenous business communities in North America and
Greenland. Not later than 90 days after enactment of the Act,
the Secretary of State shall consult with the Committees on
Appropriations on the design and implementation of such
program, including participant criteria and the bureau
responsible for managing the program.
Bureau of East Asian and Pacific Affairs.--The agreement
includes sufficient funding for the Department of State to
increase personnel within the Office of the Special
Representative of North Korea, and ensure sufficient staffing
in the Office of Regional Security Policy.
Central America Sanctions Policy and Implementation.--The
agreement includes up to $500,000 above the prior year for
additional staff in the Office of Economic Sanctions Policy
dedicated to Central America. The operating plan required by
section 7062(a) of the Act shall include the projected budget
and staffing level for the Office.
Consular Operations.--The agreement endorses House report
language under the heading Timely Processing of Passports and
Visas. Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the Committees on
Appropriations regarding lessons learned from the pandemic,
including the adoption of remote services, the feasibility of
increased interview waivers and remote visa interviews, and
any other process improvements that would enhance consular
services domestically and overseas.
Consultations.--The Secretary of State shall consult with
the Committees on Appropriations in a timely manner on the
number of Department of State secure facilities abroad, and
operations related to Syria and Turkey.
Cybersecurity and Report.--The Secretary of State shall
consult with the Committees on Appropriations on a semi-
annual basis on cybersecurity protocols and procedures. Not
later than 45 days after enactment of the Act, the Secretary
of State shall update the report required under this heading
in Senate Report 116-126 in the manner described.
Department of State Diversity and Inclusion.--The agreement
supports recent steps taken by the Department of State to
hire a Chief Diversity and Inclusion Officer and to establish
the Office of Diversity and Inclusion to address the chronic
lack of diversity in the Department's workforce, recruitment
and retention, and the underrepresentation of diverse groups
in management and senior leadership positions. Not later than
90 days after enactment of the Act, the Secretary of State
shall report to the Committees on Appropriations on the
implementation of the Department's Diversity and Inclusion
Strategic Plan, funding and staff allocated to these efforts,
benchmarks to measure progress and ensure accountability in
achieving these goals, and efforts to assess and respond to
bias in hiring, promotion, employee performance evaluations,
and reassignment policies.
In lieu of the directive in the House report under Lateral
entry, not later than 120 days after enactment of the Act,
the Secretary of State shall report to the Committees on
Appropriations on the status of the implementation of section
404 of Public Law 114-323. Such report should include an
assessment of the viability of using future lateral entry
programs as an avenue for increasing the number of
individuals from under-represented groups in mid- and senior-
level Foreign Service ranks.
The agreement includes funding above the fiscal year 2021
level for workforce diversity initiatives, including not less
than $6,000,000 each for the Pickering and Rangel Fellowships
and additional funds for the International Career Advancement
Program. The Department should also evaluate diversity across
Foreign Service Specialist tracks and Generalist cones and
determine whether the Foreign Affairs IT Fellowship model
could be expanded to increase diversity in other fields.
Finally, the Act provides authority for the Department of
State to provide up to $8,000,000 for paid internships in
order to expand the pool of participants in the program.
Department of State Staffing Reports.--Not later than 60
days after enactment of the Act and every quarter thereafter
until September 30, 2023, the Secretary of State shall report
to the Committees on Appropriations on the on-board personnel
levels, hiring, and attrition of the Civil Service, Foreign
Service, eligible family members, and the Locally Employed
Staff (LES) workforce of the Department of State.
Freedom of Expression Curriculum.--Not later than 60 days
after enactment of the Act, the Secretary of State shall
update the report to the Committees on Appropriations on the
status of implementing the curriculum directed to be
established under this heading in Senate Report 116-126.
Global Criminal Justice.--Not later than 45 days after
enactment of the Act, the Ambassador-at-Large for Global
Criminal Justice shall consult with the Committees on
Appropriations on the staffing levels and capacity of the
Office of Global Criminal Justice to manage programs
implemented pursuant to section 7066(a)(2) of the Act.
Global Magnitsky Human Rights Accountability Act.--The
agreement endorses the House report language under this
heading.
Historical Programs.--The agreement provides funds for the
Department of State to continue to record the written and
oral histories of its personnel and use for training and
other purposes, in coordination with the Association for
Diplomatic Studies and Training.
Intercountry Adoption.--The Secretary of State should
ensure that the fee schedule approved for the Intercountry
Adoption Accreditation and Maintenance Entity, Inc. (IAAME)
does not impose undue financial burdens on families seeking
to adopt internationally and confirm that fees collected for
monitoring and oversight by IAAME are not used for other
unpermitted purposes. The next annual report on intercountry
adoptions, as required by Public Law 106-279,
[[Page H2994]]
shall detail the efforts of the Department of State to
increase intercountry adoptions in fiscal year 2022 and
include steps that the Bureau of Consular Affairs takes to
address impediments to intercountry adoption, especially in
countries where American families are in the process of
adoption, but those adoptions have been slowed or blocked.
Office of Canadian Affairs.--The agreement provides
$500,000 for the Office of Canadian Affairs to continue
leading the U.S. interagency working group to identify gaps
and limitations within the Memoranda of Understanding between
British Columbia and Alaska, Washington, Idaho, and Montana.
Outstanding Judgments.--The Secretary of State shall
assist, as appropriate, in obtaining payment of outstanding
judgments against foreign governments and diplomats,
including in the human trafficking civil case Lipenga v.
Kambalame, and submit a report to the Committees on
Appropriations not later than 30 days after enactment of the
Act on progress in resolving that case.
Preventing Diplomats from Aiding and Abetting Flights from
Justice.--The Secretary of State shall update the report
required under this heading in Senate Report 116-126 in the
manner described, except such report shall detail the steps
taken by the Department of State since the submission of the
previous report.
Private Security Companies.--Not later than 90 days after
enactment of the Act, the Secretary of State shall update the
report required under this heading in Senate Report 115-152
regarding actions taken to ensure consistency in meeting
standards and codes of conduct used by certain private
security companies.
Real Property.--The Secretary of State shall assist in
facilitating resolutions of commercial disputes involving
United States entities seeking return of real property seized
or expropriated by foreign governments, as appropriate.
Regional China Officers.--The agreement endorses House
report language under this heading and requires a
consultation with the Committees on Appropriations.
Reports.--The Secretary of State shall update the reports
required under Migration and Refugee Assistance in Senate
Report 115-282 in the manner described, except the relevant
data shall be updated for fiscal year 2022.
Unexplained Health Incidents.--The Secretary of State shall
consult with the Committees on Appropriations, in classified
form as appropriate, on implementation of the Helping
American Victims Afflicted by Neurological Attacks Act of
2021 (Public Law 117-46), including funding requirements and
timeline for finalizing regulations as specified in Public
Law 117-46. Section 7034(e)(8) of the Act provides authority
for the Secretary of State to utilize funds appropriated
under this heading for payments to such victims.
CAPITAL INVESTMENT FUND
The agreement includes $300,000,000 for Capital Investment
Fund. Prior to submitting the operating plan for CIF as
required in section 7062(a) of the Act, the Secretary of
State shall consult with the Committees on Appropriations on
the status and progress of IT modernization efforts,
particularly the Department of State's efforts to implement
cybersecurity measures consistent with the May 12, 2021,
Executive Order on Improving the Nation's Cybersecurity. Not
later than 90 days after enactment of the Act, the Secretary
of State shall report to the Committees on Appropriations on
funding made available for cybersecurity, including any
amounts made available from the government-wide Cybersecurity
Reserve.
OFFICE OF INSPECTOR GENERAL
The agreement includes $91,458,000 for Office of Inspector
General in this division, of which $13,718,000 may remain
available until September 30, 2023. An additional $4,000,000
is included under the heading in division N and designated as
an emergency requirement. An additional $40,000,000 is
included in this division for the Special Inspector General
for Afghanistan Reconstruction for remaining oversight work
in Afghanistan.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The agreement includes $753,000,000 for Educational and
Cultural Exchange Programs, of which not less than
$275,000,000 is for the Fulbright Program and $113,860,000 is
for the Citizen Exchange Program. Funds under this heading
are allocated according to the following table:
EDUCATIONAL AND CULTURAL EXCHANGES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Academic Programs
Fulbright Program........................................ 275,000
Global Academic Exchanges................................ 63,313
English Language Programs.............................. [45,200]
Special Academic Exchanges............................... 17,875
Benjamin Gilman International Scholarship Program...... [16,000]
------------------------------------------------------------------------
Subtotal................................................. 356,188
Professional and Cultural Exchanges
International Visitor Program............................ 105,000
Citizen Exchange Program................................. 113,860
Congress-Bundestag Youth Exchange...................... [4,125]
Special Professional and Cultural Exchanges.............. 6,250
J. Christopher Stevens Virtual Exchange................ [5,500]
------------------------------------------------------------------------
Subtotal................................................. 225,110
Special Initiatives
Young Leaders Initiatives................................ 35,000
Young African Leaders Initiative....................... [20,600]
Young Southeast Asian Leaders Initiative............... [7,800]
Young Leaders in the Americas Initiative............... [6,600]
Countering State Disinformation and Pressure............. 12,000
Community Engagement Exchange Program.................... 6,000
Pawel Adamowicz Exchange Program....................... [1,000]
------------------------------------------------------------------------
Subtotal................................................. 53,000
American Spaces............................................ 15,000
U.S. Speaker Program....................................... 4,000
Program and Performance.................................... 11,600
Exchanges Support.......................................... 88,102
------------------------------------------------------------------------
Total.................................................... 753,000
------------------------------------------------------------------------
Disability Inclusion in Exchange Programs.--The agreement
includes funding above prior year levels to support
international exchange opportunities for persons with
disabilities in the United States and abroad.
Historically Black Colleges and Universities.--The
agreement endorses the House report language under this
heading. Not later than 60 days after enactment of the Act,
the Secretary of State shall report to the Committees on
Appropriations on the progress of such efforts.
McCain Scholars and Fellowship Programs.--The agreement
provides $1,600,000 for three McCain Scholars and Fellowship
programs, including $700,000 under the Benjamin Gilman
International Scholarships Program and $900,000 under the
Fulbright Program.
Operating Plan.--In submitting the operating plan required
by section 7062(a) of the Act and as described in the House
report, the Secretary of State shall include fees estimated
to be collected and available for obligation in fiscal year
2022 and the uses of such fees, including the number of
employees and contractors to be funded by such fees.
Scholar Rescue.--The Department of State shall increase
support for the Scholar Rescue program, which protects
foreign professors and researchers facing threats to their
lives or careers. The need for protection of threatened and
displaced scholars has increased over the past several years,
particularly most recently with those from Afghanistan.
Taiwan Fellowship Program.--Not later than 90 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations assessing the
costs, benefits, and feasibility of establishing a new
exchange program for U.S. Government employees with Taiwan.
U.S.-Ireland Scholarship Programs.--The agreement supports
funding for U.S.-Ireland scholarship programs to be matched
dollar-for-dollar by the Government of Ireland and awarded on
a competitive basis.
Virtual Exchange Programs.--Not later than 90 days after
enactment of the Act, the Secretary of State shall consult
with the Committees on Appropriations on plans to provide in-
person exchange program opportunities for participants who
were required to participate virtually during the COVID-19
pandemic.
REPRESENTATION EXPENSES
The agreement includes $7,415,000 for Representation
Expenses, subject to section 7010 of the Act.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The agreement includes $30,890,000 for Protection of
Foreign Missions and Officials.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The agreement includes $1,983,149,000 for Embassy Security,
Construction, and Maintenance.
American Center, Laos.--The agreement supports funds from
the Act and prior Acts for the renovation of the American
Center in Vientiane, Laos to help counter the influence of
Confucius Institutes in that country.
Art in Embassies Program.--Not later than 90 days after
enactment of the Act, the Secretary of State shall update the
report required under this heading in Senate Report 114-79,
as necessary. Such information should be included as part of
the report required in section 5112 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81).
Capital Security Cost Sharing and Maintenance Cost Sharing
Programs.--The agreement includes $1,017,427,000 under this
heading for a Department of State contribution to the Capital
Security Cost Sharing and Maintenance Cost Sharing Programs,
which includes $124,000,000 for the non-fee portion of the
Consular and Border Security Program's share of the program.
An additional $1,144,999,000 is available from other agency
reimbursements.
Operating Plan.--The operating plan required by section
7062(a) of the Act shall include the proposed allocation of
funds made available under this heading and the actual and
anticipated proceeds of sales or gifts for all projects in
fiscal years 2021 and 2022.
United States Embassy in Havana, Cuba.--The Secretary of
State shall update the report under this heading in Senate
Report 116-126 in the manner described.
Funds under this heading are allocated according to the
following table:
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Repair, Construction, and Operations.................... 850,722
Repair and Construction............................... [148,967]
Operations............................................ [701,755]
of which, Domestic Renovations........................ [18,000]
Worldwide Security Upgrades............................. 1,132,427
Capital Security Cost Sharing and Maintenance Cost [1,017,427]
Sharing Programs.....................................
Compound Security Program............................. [115,000]
---------------
Total, Embassy Security, Construction, and Maintenance 1,983,149
------------------------------------------------------------------------
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The agreement includes $7,885,000 for Emergencies in the
Diplomatic and Consular Service.
[[Page H2995]]
Quarterly Reports.--The quarterly reports required by
section 124 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204) shall
include, by category, actual expenditures for the prior two
fiscal years and cumulative totals for the current fiscal
year of the funds available under this heading.
REPATRIATION LOANS PROGRAM ACCOUNT
The agreement includes $1,300,000 for Repatriation Loans
Program Account and $1,000,000 transfer authority in the
Emergencies in the Diplomatic and Consular Service account to
support the subsidy cost and a total loan level of
$4,937,742.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The agreement includes $32,583,000 for Payment to the
American Institute in Taiwan.
The Secretary of State, in consultation with the Director
of the American Institute in Taiwan, shall continue to report
in the CBJ the amount of fees estimated to be received from
the Department of State for consular services.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA
The agreement includes $743,000 for International Center,
Washington, District of Columbia.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The agreement includes $158,900,000 for Payment to the
Foreign Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The agreement includes $1,662,928,000, of which $96,240,000
may remain available until September 30, 2023.
Universal Postal Union.--The agreement endorses the House
report language under the heading Universal Postal Union,
except that the Department of State shall consult with the
Committees on Appropriations not later than 90 days after
enactment of the Act.
World Health Organization.--Not later than 90 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations on efforts by the
Department of State to promote reforms at the World Health
Organization (WHO), including a list of specific reforms
proposed, and on reforms implemented by WHO since the
outbreak of the COVID-19 pandemic.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The agreement includes $1,498,614,000 for Contributions for
International Peacekeeping Activities, of which $749,307,000
may remain available until September 30, 2023.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The agreement includes $51,970,000 for Salaries and
Expenses.
CONSTRUCTION
The agreement includes $51,030,000 for Construction.
Sediment and Carrizo Cane Reduction.--The agreement
includes funding for efforts to eradicate and control carrizo
cane, reduce sediment, and maintain the health of rivers, as
appropriate. Not later than 90 days after enactment of the
Act, USIBWC shall submit a report to the Committees on
Appropriations on these efforts including how to improve
effectiveness, halt erosion stemming from sediment deposits,
and coordinate with federal, state, and local entities and
stakeholders.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The agreement includes $15,008,000 for American Sections,
International Commissions, including $10,802,000 for the
International Joint Commission (IJC) and $2,304,000 for the
International Boundary Commission.
The agreement includes the amount requested for the IJC to
complete the multi-year, United States-Canadian study on the
causes and impacts of, and mitigation options for, flooding
in the Lake Champlain-Richelieu River watershed.
The agreement includes sufficient funds for IJC's Great
Lakes Adaptive Management Committee consistent with the
revised request level.
Boundary Waters Treaty.--The agreement does not endorse
language in the House report under this heading regarding the
Rainy River Drainage Basin.
Souris River Dam Management.--The Secretary of State shall
brief the Committees on Appropriations not later than 90 days
after enactment of the Act on: (1) any proposals from Canada
related to dam management on the Souris River that could have
the effect of increasing flood risks to inhabitants in the
United States; and (2) steps the Department is taking to
address such risks.
Transboundary Watershed Management.--The agreement
recommends funding over the prior year for the IJC, in
collaboration with the U.S. interagency working group led by
the Office of Canadian Affairs, to address gaps and
limitations in transboundary governance between British
Columbia and bordering U.S. states, including Alaska,
Washington, Idaho, and Montana.
INTERNATIONAL FISHERIES COMMISSIONS
The agreement includes $62,846,000 for International
Fisheries Commissions. Such funds are allocated according to
the following table:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Commission/Activity Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission.......................... 47,060
Lake Champlain and Lake Memphremagog Basins........... [9,000]
Grass Carp............................................ [1,000]
Lake Memphremagog Fishery............................. [500]
Inter-American Tropical Tuna Commission................. 1,750
Pacific Salmon Commission............................... 5,935
International Pacific Halibut Commission................ 4,582
Other Marine Conservation Organizations................. 3,519
---------------
Total............................................... 62,846
------------------------------------------------------------------------
The agreement includes $47,060,000 for the Great Lakes
Fishery Commission (GLFC) for operations and programs,
including sea lamprey control, cross border fishery
management and research, and grass carp control in the Great
Lakes. Within the total, $9,000,000 is included for the Lake
Champlainand Lake Memphremagogbasins, $500,000 for the Lake
Memphremagog fishery, and $1,000,000 to address grass carp in
the Great Lakes. The agreement also supports the efforts of
the GLFC to combat other invasive carp species in the Great
Lakes Basin.
RELATED AGENCY
United States Agency for Global Media
INTERNATIONAL BROADCASTING OPERATIONS
The agreement includes $850,300,000 for International
Broadcasting Operations, including for unanticipated expenses
in this division, and an additional $25,000,000 is included
under the heading in division N and designated as an
emergency requirement.
Of the funds made available under this heading, up to
$47,708,000 may remain available until expended for satellite
transmissions and Internet freedom programs, of which not
less than $27,000,000 is for Internet freedom programs.
Africa Broadcasting.--Not later than 180 days after
enactment of the Act, the United States Agency for Global
Media (USAGM) CEO shall submit to the Committees on
Appropriations a report assessing the press environment in
Africa and opportunities to expand coverage, particularly in
countries where independent media is banned by the government
or not fully established.
USAGM Mission.--The agreement provides additional funding
for Voice of America (VOA), Radio Free Europe/Radio Liberty
(RFE/RL), Radio Free Asia (RFA), and the Open Technology Fund
(OTF) to strengthen USAGM's mission to inform, engage, and
connect with audiences around the world in support of freedom
and democracy. Funds are also provided above the budget
request to modernize the Agency's IT infrastructure,
research, and analytics capabilities.
Open Technology Fund.--The agreement provides $27,000,000
for OTF to scale existing and new tools to counter censorship
and surveillance technologies around the world.
Funds under this heading are allocated according to the
following table and are subject to the requirements of
sections 7015 and 7062 of the Act:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Entities/Grantees Authority
------------------------------------------------------------------------
Federal Entities
International Broadcasting Bureau Operations.......... 56,116
Office of Cuba Broadcasting........................... 12,973
Office of Technology, Services, and Innovation........ 177,515
Voice of America...................................... 259,000
---------------
Subtotal............................................ 505,604
Independent Grantee Organizations
Radio Free Europe/Radio Liberty....................... 145,000
Radio Free Asia....................................... 62,384
Middle East Broadcasting Networks..................... 110,312
Open Technology Fund.................................. 27,000
---------------
Subtotal............................................ 344,696
---------------
Total............................................... 850,300
------------------------------------------------------------------------
BROADCASTING CAPITAL IMPROVEMENTS
The agreement includes $9,700,000 for Broadcasting Capital
Improvements.
RELATED PROGRAMS
The Asia Foundation
The agreement includes $21,500,000 for The Asia Foundation,
including for unanticipated expenses. Funds should be
apportioned and obligated to the Foundation not later than 60
days after enactment of the Act.
United States Institute of Peace
The agreement includes $54,000,000 for the United States
Institute of Peace, including for unanticipated expenses.
Additional Resources.--The agreement provides an additional
$9,000,000 above the budget request for USIP to expand
violence prevention programs in Central America, assess the
impact of the COVID-19 pandemic on democratic governance in
fragile states, support programs related to war legacy issues
in Vietnam, adapt its programs in Afghanistan to protect
gains made in recent decades for women's rights, and maintain
operations in Iraq, Burma, Colombia, Sudan, Nigeria, and the
Sahel.
Center for Middle Eastern-Western Dialogue Trust Fund
The agreement provides $180,000 from interest and earnings
from the Center for Middle Eastern-Western Dialogue Trust
Fund. The Center shall continue efforts to leverage existing
funds to secure contributions from private and other public
sources to the maximum extent practicable. The agreement
supports Department of State oversight of
[[Page H2996]]
the annual grant to the Center; however, the Secretary of
State shall not require prior approval of program
participants.
Eisenhower Exchange Fellowship Program
The agreement includes $170,000 from interest and earnings
from the Eisenhower Exchange Fellowship Program Trust Fund.
Israeli Arab Scholarship Program
The agreement includes $119,000 from interest and earnings
from the Israeli Arab Scholarship Endowment Fund.
East-West Center
The agreement includes $19,700,000 for East-West Center.
Funds should be apportioned and obligated to the Center not
later than 60 days after enactment of the Act.
National Endowment for Democracy
The agreement includes $315,000,000 for National Endowment
for Democracy, including for unanticipated expenses, of which
$195,840,000 shall be allocated in the traditional and
customary manner, including for the core institutes, and
$104,160,000 for democracy programs. Funds should be
apportioned and obligated to the NED not later than 60 days
after enactment of the Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The agreement includes $642,000 for the Commission for the
Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
The agreement includes $4,500,000 for United States
Commission on International Religious Freedom. The agreement
includes funds above the authorized level, including to
further the Commission's work to regularly monitor, report
on, and advocate against laws and policies of foreign
countries that permit or condone violations of human rights
of minority groups and other vulnerable communities on the
basis of religion.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The agreement includes $2,908,000 for Commission on
Security and Cooperation in Europe.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The agreement includes $2,250,000 for Congressional-
Executive Commission on the People's Republic of China.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The agreement includes $4,000,000 for United States-China
Economic and Security Review Commission.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The agreement includes $1,635,947,000 for Operating
Expenses in this division, of which $245,392,000 may remain
available until September 30, 2023. An additional $25,000,000
is included under the heading in division N and designated as
an emergency requirement. Funds in the Act under this heading
are allocated according to the following table and subject to
sections 7015 and 7062 of the Act:
OPERATING EXPENSES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Overseas Operations................................... 850,563
Washington Support.................................... 565,176
Central Support....................................... 382,178
Total, Operating Expenses........................... 1,797,917
of which, fiscal year 2022 appropriations............. 1,635,947
of which, from carryover and other sources............ 161,970
------------------------------------------------------------------------
Advisor for Indigenous Peoples Issues.--The agreement
provides $500,000 under this heading for administrative and
other related expenses for the USAID Advisor for Indigenous
Peoples Issues and additional funds under Development
Assistance for program costs, personnel, and other
administrative expenses.
Diversity and Inclusion.--The agreement includes not less
than $9,500,000 to support the Office of the Chief Diversity,
Equity, Inclusion and Accessibility Officer and diversity,
equity, and inclusion initiatives, including to strengthen
recruitment, retention, and professional development of
diverse communities.
Mission Presence.--The USAID Administrator shall consult
with the Committees on Appropriations when a proposal to
alter the footprint of USAID missions abroad, including to
open, close, or modify a mission, has been discussed within
the agency, with other Federal agencies, or with a foreign
government.
Personnel.--The agreement recognizes that USAID lacks
sufficient personnel to adequately respond to many urgent and
compelling needs around the world. Funds are included above
prior year levels to support an increase for new Foreign
Service and Civil Service positions.
Not later than 90 days after enactment of the Act, the
USAID Administrator shall brief the Committees on
Appropriations on efforts to encourage agency personnel to
build lasting partnerships with local government officials
and community leaders to implement programs, including Local
Works.
Staff Care and Resilience.--The agreement endorses language
in the House report under Diplomatic Programs under this
heading and directs the USAID Administrator to also submit
such report.
Strategic Workforce Plan.--The agreement endorses House
report language under this heading and directs the USAID
Administrator to submit the plan not later than 60 days after
enactment of the Act. The plan should also include workforce
diversity initiatives and a staffing report on the on-board
personnel levels, hiring, and attrition of the Civil Service,
Foreign Service, and Foreign Service National workforce of
USAID for each operating unit, and the USAID Administrator
shall provide an update to the Committees on Appropriations
on such staffing report every quarter thereafter until
September 30, 2023.
CAPITAL INVESTMENT FUND
The agreement includes $258,200,000 for Capital Investment
Fund.
OFFICE OF INSPECTOR GENERAL
The agreement includes $80,000,000 for Office of Inspector
General in this division, of which $12,000,000 may remain
available until September 30, 2023, and an additional
$4,000,000 is included under the heading in division N and
designated as an emergency requirement.
American Rescue Plan Act Oversight.--The agreement includes
funding above the budget request for oversight of American
Rescue Plan Act (Public Law 117-2) funds provided to USAID.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
The agreement includes $9,830,000,000 for Global Health
Programs in this division. Funds under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Maternal and Child Health............................ 890,000
Polio.............................................. [75,000]
Maternal and Neonatal Tetanus...................... [2,000]
The GAVI Alliance.................................. [290,000]
Nutrition (USAID).................................... 155,000
Micronutrients..................................... [33,000]
of which, Vitamin A................................ [22,500]
Iodine Deficiency Disorder......................... [2,500]
Vulnerable Children (USAID).......................... 27,500
Blind Children..................................... [4,500]
HIV/AIDS (USAID)..................................... 330,000
Microbicides....................................... [45,000]
HIV/AIDS (Department of State)....................... 5,950,000
The Global Fund to Fight AIDS, Tuberculosis, and [1,560,000]
Malaria...........................................
UNAIDS............................................. [50,000]
Family Planning/Reproductive Health (USAID).......... 523,950
Other Infectious Diseases (USAID).................... 1,953,550
Global Health Security............................. [700,000]
Malaria............................................ [775,000]
Tuberculosis....................................... [371,050]
of which, Global TB Drug Facility.................. [15,000]
Neglected Tropical Diseases........................ [107,500]
------------------
Total.............................................. 9,830,000
------------------------------------------------------------------------
Childhood Cancer.--Not later than 90 days after enactment
of the Act, the USAID Administrator shall submit a report to
the appropriate congressional committees on public-private
partnerships to address childhood cancer. The report should
provide meaningful analysis of opportunities for such
partnerships to strengthen health systems, including in
countries that are unable to provide life-saving treatment
for childhood cancer. The Administrator is directed to ensure
the report is more substantive and responsive than the report
that was submitted by the Department of State pursuant to
section 7058(c) of division K of Public Law 116-260.
Global Health Security Report.--Not later than 90 days
after enactment of the Act and prior to the initial
obligation of funds, the USAID Administrator and Secretary of
State, as appropriate, shall submit to the Committees on
Appropriations a report on the proposed uses of funds made
available for global health security programs on a country
and project basis, including possible contributions to
multilateral mechanisms. Such report shall be updated and
submitted to the Committees every 90 days until such funds
are fully obligated.
Health Systems Report.--The USAID Administrator and U.S.
Global AIDS Coordinator shall submit a report to the
Committees on Appropriations, not later than 120 days after
enactment of the Act, detailing progress on the integration
and joint funding of health systems strengthening activities.
In addition to the requirements enumerated under the heading
Health systems in the House report, the report should
include: (1) a baseline accounting of ongoing systems
strengthening contributions from each program line in the
table under Global Health Programs; (2) detail on reporting
and performance indicators used to track and coordinate such
efforts; and (3) a description of steps taken, or planned to
be taken, to ensure systems strengthening investments are
sustained by host countries.
Leprosy.--USAID is encouraged to support research and
development of a vaccine to protect against nerve damage
among those diagnosed with leprosy, the most serious
complication of the disease.
[[Page H2997]]
Maternal and Child Health Report.--Not later than 90 days
after enactment of the Act, the USAID Administrator shall
submit a report to the Committees on Appropriations on the
following outcomes achieved during the previous fiscal year,
disaggregated by country: (1) the approximate number of
treatments provided to children for pneumonia and diarrhea,
reported separately, as a result of U.S. Government
assistance; and (2) the approximate number of mothers and
infants who received postnatal care within two days of
childbirth as a result of such assistance. Such report shall
include detail on funds expended to achieve such outcomes.
Multilateral Vaccine Development.--The agreement includes
$100,000,000 for a U.S. contribution to support a
multilateral vaccine development partnership for epidemic
preparedness innovations, pursuant to section 6501 of Public
Law 117-81. Not later than 90 days after enactment of the
Act, the USAID Administrator shall consult with the
Committees on Appropriations on such contribution.
Neglected Surgical Conditions.--The USAID Administrator
shall support efforts to strengthen surgical health capacity
to address such health issues as cleft lip and cleft palate,
club foot, cataracts, hernias, fistulas, and untreated
traumatic injuries in underserved areas in developing
countries, including in contexts without water or
electricity. Strengthening surgical health systems includes
the training of local surgical teams and assisting ministries
of health to develop and implement national surgical,
obstetric, trauma, and anesthesia plans. Not later than 90
days after enactment of the Act, the USAID Administrator
shall brief the Committees on Appropriations on the planned
uses of funds for these purposes in fiscal year 2022.
Nutrition Report.--The agreement requires the nutrition
report under this heading in the House report, which shall
also include: (1) the outcomes, disaggregated by USAID
bureau, including nutrition-specific treatment and prevention
interventions on a country-by-country basis; (2) the
approximate number of additional children treated for severe
acute malnutrition as a result of United States Government
assistance; and (3) the approximate number of additional
children receiving vitamin A as a result of such assistance.
Research and Development.--Not later than 60 days after
enactment of the Act, the USAID Administrator shall update
the report required under this heading in Senate Report 116-
126.
The USAID Administrator shall also develop a new multi-year
strategy on global health research and development, which
shall be submitted to the Committees on Appropriations and
posted on the USAID website not later than 180 days after
enactment of the Act. Such strategy should include: (1) how
USAID will work across programs to implement a comprehensive
research and development approach; (2) plans to collect and
use input from the Global Health Bureau, consultations with
nonprofit and other private sector partners, and the heads of
other relevant Federal agencies, including CDC, the National
Institutes of Health, and the Biomedical Advanced Research
and Development Authority; (3) plans to coordinate with such
stakeholders in support of innovative global health product
development; and (4) specific investment and target goals for
research and product development across disease areas.
Strategy Update.--USAID's efforts to help end preventable
child and maternal deaths have been driven by the Acting on
the Call framework since 2014, which is now outdated. The
USAID Administrator shall conduct a strategic review of its
framework for ending preventable child and maternal deaths,
which should include meaningful consultations with the
Committees on Appropriations, civil society, USAID Missions,
and local organizations and stakeholders. A revised framework
should be released not later than December 31, 2022.
Vaccines.--The agreement supports continued efforts at not
less than the prior fiscal year level to create effective
vaccines for malaria and HIV/AIDS and to undertake vaccine
development efforts to prevent and respond to infectious
disease outbreaks.
Vulnerable Children.--The agreement supports funding to
implement the United States Government Strategy on Advancing
Protection and Care for Children in Adversity (APCCA),
including to coordinate assistance for orphans and vulnerable
children, putting family care first, and to provide
protection and psycho-social support to youth at risk of
violence, abuse, exploitation, or neglect, particularly in
conflict zones and humanitarian settings. USAID interventions
should assist children recovering from trauma caused by
conflict and forced displacement, including through
partnerships with local organizations with expertise in
incorporating children in permanent family-based care and
foster care programs, preventing unnecessary family
separation, and decreasing the percentage of children living
in institutions. The annual report required by Public Law
109-95 shall include the amounts invested for each objective
of the APCCA in the prior fiscal year.
The USAID Administrator is directed to better track and
coordinate outcomes related to child protection and
protection of children outside of family care, including: (1)
investment in technology that identifies and protects
vulnerable children, facilitates case management, and reports
outcomes; and (2) programs that prevent unnecessary parent-
child separation and increase the percentage of children
living within family care instead of institutions.
DEVELOPMENT ASSISTANCE
The agreement includes $4,140,494,000 for Development
Assistance. Funds for certain countries and programs under
this heading are allocated according to the following table
and subject to section 7019 of the Act:
DEVELOPMENT ASSISTANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
------------------------------------------------------------------------
Counter-Lord's Resistance Army/Illicit Armed Groups 10,000
Program................................................
Democratic Republic of the Congo........................ 95,000
Liberia................................................. 70,500
Malawi.................................................. 60,000
Higher education programs............................... 10,000
Mozambique.............................................. 63,000
Somalia................................................. 55,000
South Sudan............................................. 55,000
The Gambia democracy programs........................... 2,000
Power Africa............................................ 70,000
Prosper Africa.......................................... 50,000
Young African Leaders Initiative (YALI)................. 11,000
------------------------------------------------------------------------
East Asia and the Pacific
------------------------------------------------------------------------
Burma................................................... 45,000
Higher education programs............................... 10,000
Cambodia................................................ 58,000
Youth empowerment and countering PRC influence...... 5,000
Democracy programs.................................. 23,000
Laos.................................................... 29,000
Mongolia................................................ 7,000
Anti-corruption program............................. 3,000
Greater Mekong rule of law and environment.............. 5,000
Thailand................................................ 7,000
Timor-Leste............................................. 16,000
Vietnam................................................. 75,000
------------------------------------------------------------------------
Middle East and North Africa
------------------------------------------------------------------------
USAID Middle East Regional
Refugee Scholarships Program in Lebanon............. 9,000
------------------------------------------------------------------------
South and Central Asia
------------------------------------------------------------------------
Bangladesh
Labor programs...................................... 3,000
---------------------------------------------------------
Western Hemisphere
------------------------------------------------------------------------
Barbados and Eastern Caribbean.......................... 5,000
Haiti................................................... 56,000
Reforestation....................................... 8,500
------------------------------------------------------------------------
Global Programs
------------------------------------------------------------------------
Bureau for Resilience and Food Security
Feed the Future Innovation Labs..................... 58,000
Global Crop Diversity Trust......................... 5,500
Combating child marriage................................ 17,000
Development Innovation Ventures......................... 30,000
Leahy War Victims Fund.................................. 14,000
Low Cost Eyeglasses..................................... 3,500
Mobility Program........................................ 2,500
Ocean Freight Reimbursement Program..................... 2,000
Office of Education..................................... 35,000
Trade Capacity Building................................. 18,000
USAID Advisor for Indigenous Peoples Issues............. 5,700
Victims of Torture...................................... 12,000
Wheelchairs............................................. 5,000
------------------------------------------------------------------------
Advisor for Indigenous Peoples Issues.--The USAID Advisor
for Indigenous Peoples Issues should report directly to the
USAID Administrator, and have sufficient staff to: (1)
integrate USAID's Indigenous Peoples Policy into all USAID
programs and across bureaus and missions; (2) provide
technical support and training to such bureaus and missions;
(3) conduct affirmative investigations of USAID and
international financial institution (IFI) projects that
impact Indigenous people; and (4) defend and promote the
territories, human rights, and well-being of Indigenous
people internationally through small grants, partnerships,
training, research, and economic and social empowerment
initiatives.
Children with Disabilities.--The Secretary of State and
USAID Administrator shall increase funding for programs
implemented by UNICEF and its partners to protect the rights
of, and increase access to services and opportunities for,
children with severe cognitive and physical disabilities in
poor countries.
Clean Cookstoves.--The Department of State and USAID, in
partnership with other Federal agencies, shall continue to
help address the health and safety issues associated with
traditional cookstoves, including by distributing clean
cookstoves that sustainably reduce fuel consumption and
exposure to harmful smoke.
Faith-Based Organizations.--The Secretary of State and
USAID Administrator shall continue to use the faith sector,
in conjunction with the public and private sectors, for the
delivery of assistance in developing countries.
Low Cost Eyeglasses.--Not later than 90 days after
enactment of the Act, the USAID Administrator shall consult
with the Committees on Appropriations on the planned uses of
funds made available for USAID's program to support
sustainable, locally owned initiatives that provide needy
children and adults with poor vision access to low cost
eyeglasses.
The USAID Administrator shall submit a multi-year strategy
to support the following priorities: (1) government led and
implemented expansion of access to eyeglasses within public
health and education systems; and (2) growing the number of
for-profit optical businesses serving low-income customers.
Activities could include: (1) working with ministries of
health to build the eye health workforce and delegate tasks
to less specialized health workers; (2) strengthening
government supply chain and procurement processes; (3)
strengthening government data
[[Page H2998]]
and information management systems including reliable data on
the number of people in country without access to low cost
eyeglasses; and (4) providing technical assistance to help
grow the number of for-profit optical businesses serving low
income customers.
Mobility Program.--The agreement continues support for
partnerships with existing entities overseas that have
successful models of providing access to affordable bicycles
to achieve development objectives, as well as addressing
challenges of spare parts, maintenance, and reducing social
stigma.
Mongolia Anti-Corruption Program.--The agreement includes
funds for an anti-corruption program in Mongolia focused on
mineral trafficking along border areas, to be awarded on an
open and competitive basis, which should include
investigation simulations to strengthen the ability of
criminal justice officials to combat trafficking.
Volunteers.--The USAID Administrator shall implement an
agency-wide policy that attributes additional merit to
proposals and applications that include the use of skilled
U.S. and local volunteers (including, as appropriate, the use
of the Peace Corps Response and U.S. Government retirees) to
implement a broad range of locally-driven development
activities, which shall be posted on the USAID website.
INTERNATIONAL DISASTER ASSISTANCE
The agreement includes $3,905,460,000 for International
Disaster Assistance in this division. An additional
$2,650,000,000 is included under the heading in division N
and designated as an emergency requirement. Such funds shall
be apportioned to USAID not later than 60 days after
enactment of the Act.
TRANSITION INITIATIVES
The agreement includes $80,000,000 for Transition
Initiatives in this division, and an additional $120,000,000
is included under the heading in division N and designated as
an emergency requirement.
COMPLEX CRISES FUND
The agreement includes $60,000,000 for Complex Crises Fund.
ECONOMIC SUPPORT FUND
The agreement includes $4,099,000,000 for Economic Support
Fund in this division, and an additional $647,000,000 is
included under the heading in division N and designated as an
emergency requirement. Funds for certain countries and
programs under this heading are allocated according to the
following table and subject to section 7019 of the Act:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
------------------------------------------------------------------------
West Africa anti-slavery programs....................... 2,000
------------------------------------------------------------------------
East Asia and the Pacific
------------------------------------------------------------------------
Burma................................................... 50,000
Greater Mekong democracy, rule of law, and environment.. 11,000
Thailand................................................ 7,000
Vietnam................................................. 25,000
Global Cooperation and Training Framework............... 3,000
Southeast Asia Legal Education Program.................. 3,000
------------------------------------------------------------------------
Middle East and North Africa
------------------------------------------------------------------------
Iraq.................................................... 150,000
Scholarships........................................ 10,000
Democracy........................................... 25,000
Justice sector assistance........................... 2,500
Lebanon.................................................
Lebanon scholarships................................ 12,000
Middle East Partnership Initiative...................... 25,500
Scholarship program................................. 20,000
Middle East Regional Cooperation........................ 6,000
Near East Regional Democracy............................ 55,000
Nita M. Lowey Middle East Partnership for Peace Act..... 50,000
West Bank and Gaza...................................... 219,000
------------------------------------------------------------------------
South and Central Asia
------------------------------------------------------------------------
Maldives................................................ 2,000
------------------------------------------------------------------------
Western Hemisphere
------------------------------------------------------------------------
Organization of American States......................... 5,000
------------------------------------------------------------------------
Global Programs
------------------------------------------------------------------------
Atrocities Prevention................................... 2,500
Ambassador-at-Large for Global Women's Issues........... 10,000
Bureau for Oceans and International Environment and
Scientific Affairs.....................................
Arctic Council...................................... 1,000
Conflict and Stabilization Operations................... 3,500
Family Planning/Reproductive Health (USAID)............. 51,050
House Democracy Partnership............................. 2,300
Implementation of Public Law 99-415..................... 3,000
Information Communications Technology Training.......... 1,000
------------------------------------------------------------------------
Anti-Blasphemy Laws.--The agreement includes funds to
support in-country training programs for countries that
repeal or begin a formal process to remove blasphemy-related
offenses from their criminal codes, and to train relevant
civil society leaders, religious leaders, the media, the
judiciary, and law enforcement on conflict de-escalation
tools, community engagement, peace building, and
international human rights standards.
Countering Violent Extremism Programs.--Given the limited
return on investment and the scarcity of reliable data on the
effectiveness of countering violent extremism programs,
particularly those conducted across the Sahel, USAID and the
Department of State should reassess and reconfigure such
programs, as appropriate, following consultation with the
Committees on Appropriations. Such programs should include
more meaningful engagement with affected populations in order
to determine new approaches to addressing this problem.
Information Communications Technology Training.--Funds are
made available for Information Communications Technology
Training to support public-private partnerships that provide
capacity building technology training for professionals from
developing countries to advance a consistent global
regulatory framework on critical information communication
technology issues.
Institutions of Higher Education.--The agreement includes
sufficient funding to continue support for institutions of
higher education in the Middle East and South Asia, including
reimbursement and support for students from Afghanistan. Not
later than 90 days after enactment of the Act, the Secretary
of State shall submit a plan to the Committees on
Appropriations to support Afghan students at such
institutions.
Middle East Partnership Initiative Availability and
Consultation Requirement.--The agreement includes funds
appropriated under title III of the Act, which shall be made
available for assistance for the Western Sahara. Not later
than 90 days after enactment of the Act, and prior to the
obligation of such funds, the Secretary of State, in
consultation with the USAID Administrator, shall consult with
the Committees on Appropriations on the proposed uses of such
funds.
USAID Israel International Development Cooperation.--The
agreement supports efforts to advance shared development
goals in third countries between USAID and Israel's Agency
for International Development Cooperation as described under
this heading in the House report.
DEMOCRACY FUND
The agreement includes $340,700,000 for Democracy Fund, of
which $215,450,000 is for Department of State's Bureau of
Democracy, Human Rights, and Labor (DRL), and $125,250,000 is
for USAID's Bureau for Development, Democracy, and
Innovation. The agreement includes funds to counter the rise
of authoritarianism abroad and for the directives included in
the table under this heading in the House report.
Human Rights.--In lieu of the directive in the House report
under this heading, the Secretary of State, in consultation
with the USAID Administrator, should submit a report to the
Committees on Appropriations, not later than 60 days after
enactment of the Act, on the activities of special envoys
with responsibilities for issues of concern to marginalized
populations.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The agreement includes $500,000,000 for Assistance for
Europe, Eurasia and Central Asia in this division, and an
additional $1,120,000,000 is included under the heading in
division N and designated as an emergency requirement.
Albania.--The agreement provides $1,000,000 for assistance
for Albania to be managed by USAID. The USAID Administrator
shall consult with the Committees on Appropriations on plans
to expand its presence and programs in that country.
Balkans.--Not later than 90 days after enactment of the
Act, the Secretary of State and USAID Administrator shall
jointly brief the Committees on Appropriations on programs
and initiatives to increase bilateral trade between the
United States and the Balkans, to reduce youth unemployment
in the region, and to grow small and medium enterprises to
spur economic growth.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The agreement includes $2,912,188,000 for Migration and
Refugee Assistance in this division. An additional
$1,400,000,000 is included under the heading in division N
and designated as an emergency requirement.
The Secretary of State shall continue to include amounts
designated for the Emergency Response Fund in annual program
plans.
North Korea.--The agreement includes assistance for
refugees from North Korea, including protection activities in
the People's Republic of China (PRC) and other countries in
Asia.
Primary Health Care.--The agreement supports funding for
primary healthcare for refugees, internally displaced
persons, and other vulnerable communities in humanitarian
settings and conflict zones.
Protection Against Violence and Discrimination.--The
Secretary of State and USAID Administrator are directed to
continue to work with governments and partners to investigate
reports of discrimination and violence against third-country
nationals fleeing conflict. The Secretary and Administrator
shall continue to work to ensure that all individuals fleeing
conflict, whether nationals of a country or third-country
nationals living in such country, are treated humanely and
have equal access to humanitarian assistance, especially
during a time of war. Not later than 45 days after enactment
of the Act, the Secretary and Administrator shall brief the
appropriate congressional committees on how principles of
equal access to humanitarian assistance and protection
against violence are being carried out with partners
implementing United States assistance and in diplomatic and
humanitarian dialogues with other governments.
Refugee Employment.--The Secretary of State shall expand
efforts, utilizing existing organizations and mechanisms, to
assist refugees and other displaced persons in becoming self-
reliant through labor mobility, as a complementary solution
for refugees in addition to resettlement. Not later than 90
days
[[Page H2999]]
after enactment of the Act, the Secretary shall report to the
Committees on Appropriations on steps being taken in response
to this directive.
United Nations Relief and Works Agency.--The agreement
endorses the report directive concerning the United Nations
Relief and Works Agency (UNRWA) included under this heading
in the House report. Such report shall also include reforms
implemented by UNRWA over the past three years.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The agreement includes $100,000 for United States Emergency
Refugee and Migration Assistance Fund.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $410,500,000 for Peace Corps.
Peace Corps Volunteers.--The Peace Corps evacuated all
volunteers in March 2020 due to the COVID-19 pandemic, and,
to date, no volunteers have returned to the field. The
agreement includes funds to support ongoing efforts to
process and support the safe redeployment of Peace Corps
Volunteers abroad.
MILLENNIUM CHALLENGE CORPORATION
The agreement includes $912,000,000 for Millennium
Challenge Corporation, including up to $115,000,000 for
administrative expenses.
Anti-Corruption and Governance.--MCC should continue to
emphasize the importance of the ruling justly indicators,
including control of corruption, for compact eligibility and
to ensure that recipients of MCC funds are making consistent
progress in these areas.
Supporting Economic Growth.--MCC should continue trade-
based capacity building efforts in support of the AGOA and
MCA Modernization Act (Public Law 115-167) and collaborate
with other agencies to address the existing barriers that
Sub-Saharan African nations face in the development of free
trade agreements.
INTER-AMERICAN FOUNDATION
The agreement includes $42,000,000 for Inter-American
Foundation. The agreement includes sufficient funds to
support the exchange program described under this heading in
the House report.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
The agreement includes $40,000,000 for United States
African Development Foundation. The agreement includes
sufficient funds to support partnerships between the United
States African Development Foundation and African diaspora
communities in the United States that further African-led
development projects, as described under this heading in the
House report.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The agreement includes $38,000,000 for International
Affairs Technical Assistance, of which not more than
$9,500,000 is for administrative expenses.
DEBT RESTRUCTURING
The agreement includes $52,000,000 for Debt Restructuring
to support the Debt Service Suspension Initiative and the
Common Framework on Debt Treatments to provide economic
relief stemming from the COVID-19 pandemic.
TROPICAL FOREST AND CORAL REEF CONSERVATION
The agreement includes $15,000,000 for Tropical Forest and
Coral Reef Conservation. In implementing the Tropical Forest
and Coral Reef Conservation Act, the Department of the
Treasury should seek to negotiate agreements with eligible
partners in the most expeditious manner possible.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The agreement includes $1,391,004,000 for International
Narcotics Control and Law Enforcement in this division, and
an additional $30,000,000 is included under the heading in
division N and designated as an emergency requirement. Funds
for certain countries and programs under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program/Activity Authority
------------------------------------------------------------------------
Atrocities prevention (sec. 7034(c)).................... 2,500
Combating wildlife trafficking.......................... 50,000
Cybercrime and intellectual property rights............. 20,000
Demand reduction........................................ 20,000
Democratic Republic of the Congo
Virunga National Park security........................ [2,000]
Global Crime and Drugs Policy........................... 7,000
International Law Enforcement Academy................... 37,925
International Organized Crime........................... 68,150
Inter-Regional Aviation Support......................... 38,400
Sensor Upgrades....................................... [10,000]
Lebanon................................................. 8,200
Pakistan border security................................ 15,000
Peru.................................................... 47,800
Tajikistan.............................................. 6,000
Border security....................................... [3,000]
Trafficking in persons.................................. 77,000
Office to Monitor and Combat Trafficking in Persons... [66,000]
of which, Child Protection Compacts................... [10,000]
West Bank and Gaza...................................... 40,000
------------------------------------------------------------------------
3D Printed Gun Blueprint Database.--The agreement does not
endorse language in the House report under this heading
regarding a 3D Printed Gun Blueprint Database.
Narcotics Control.--The agreement endorses the reporting
requirements on narcotics control in the House report and
supports funds to address the transit of fentanyl and other
synthetic opioids from Mexico and the PRC into the United
States, which has resulted in unprecedented overdose deaths
in 2021.
Tajikistan.--Not later than 90 days after enactment of the
Act, the Secretary of State shall submit a report to the
Committees on Appropriations on the uses of funds made
available under this heading for border security for
Tajikistan during the prior two fiscal years, and planned to
be made available in fiscal year 2022.
NONPROLIFERATION, ANTI TERRORISM, DEMINING AND RELATED PROGRAMS
The agreement includes $900,000,000 for Nonproliferation,
Anti-terrorism, Demining and Related Programs. Funds for
certain countries and programs under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
NONPROLIFERATION, ANTI TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Nonproliferation programs............................... 290,000
International Atomic Energy Agency.................... [95,000]
Anti-terrorism programs................................. 320,397
Conventional weapons destruction........................ 254,603
Humanitarian demining................................. [213,350]
of which, Angola...................................... [8,500]
of which, Cambodia.................................... [9,000]
of which, Laos........................................ [45,000]
of which, Sri Lanka................................... [8,500]
of which, Vietnam..................................... [19,000]
of which, Zimbabwe.................................... [3,000]
------------------------------------------------------------------------
Explosive Detection Canine Program.--Not later than 90 days
after enactment of the Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
the policies and procedures for implementing the
recommendations included in the Office of Inspector General's
2019 report Evaluation of the Antiterrorism Assistance
Explosive Detection Canine Program (ESP 19-06). The report
shall include an update on the status of dogs currently in,
and retired from, the program since June 2019.
Nagorno-Karabakh.--The agreement provides $2,000,000 for
humanitarian demining and UXO clearance activities in areas
affected by the Nagorno-Karabakh conflict, subject to prior
consultation with the Committees on Appropriations.
PEACEKEEPING OPERATIONS
The agreement includes $455,000,000 for Peacekeeping
Operations. Funds for certain countries and programs under
this heading are allocated according to the following table
and subject to section 7019 of the Act:
PEACEKEEPING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
County/Program/Activity Authority
------------------------------------------------------------------------
Africa
Somalia............................................... [208,108]
Africa Regional....................................... [54,151]
Political-Military Affairs
Global Peace Operations Initiative.................... [71,000]
------------------------------------------------------------------------
Multinational Force and Observers.--The agreement provides
$24,000,000 for the United States share of the fiscal year
2022 operating budget for the Multinational Force and
Observers (MFO) mission in the Sinai. U.S. leadership and
participation in the MFO is important to the national
security interests of the United States, Israel, Egypt, and
other regional allies, and to counter the influence of the
PRC, Russia, and other adversaries in the Middle East and
North Africa.
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The agreement includes $112,925,000 for International
Military Education and Training.
IMET Database.--For purposes of implementing section 548(a)
of the FAA, funds in the Act shall be made available to
foreign governments, consistent with applicable provisions of
law, to assist in the development and maintenance of a record
of each IMET recipient's ``subsequent military or defense
ministry career and current position and location,''
including for programs to develop the human resources
capabilities necessary to comply with such requirement. The
Secretary of State shall require IMET recipient governments
to provide such information in a timely manner and shall
consult with the Committees on Appropriations on the
implementation of such directive not later than 45 days after
enactment of the Act.
Participation of Civilians.--Not later than 90 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
participation of civilians in IMET courses during the
preceding three years, disaggregated by nationality,
including: (1) the number of participants; (2) whether they
were government officials, and if so from what ministry or
agency, or representatives of civil society; and (3) the IMET
courses in which they participated.
Participation of Women.--Not later than 90 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations describing the
short- and long-term steps taken to increase female
participation in IMET courses, including the results achieved
in fiscal year
[[Page H3000]]
2021 and activities planned in fiscal years 2022 and 2023.
FOREIGN MILITARY FINANCING PROGRAM
The agreement includes $6,040,424,000 for Foreign Military
Financing Program in this division, and an additional
$650,000,000 is included under the heading in division N and
designated as an emergency requirement. Funds under this
heading for certain countries are allocated according to the
following table and subject to section 7019 of the Act:
FOREIGN MILITARY FINANCING PROGRAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country Authority
------------------------------------------------------------------------
Ecuador.................................................... 5,000
Georgia.................................................... 35,000
Iraq....................................................... 250,000
------------------------------------------------------------------------
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The agreement includes $423,000,000 for International
Organizations and Programs. Funds under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Organizations/Programs Authority
------------------------------------------------------------------------
International Chemicals and Toxins Programs................ 3,175
International Civil Aviation Organization.................. 1,200
International Conservation Programs........................ 9,000
International Development Law Organization................. 400
International Maritime Organization........................ 325
Montreal Protocol Multilateral Fund........................ 51,900
OAS Fund for Strengthening Democracy....................... 4,500
Regional Cooperation Agreement on Combating Piracy and 50
Armed Robbery Against Ships in Asia.......................
UN Capital Development Fund................................ 1,000
UN Children's Fund......................................... 139,000
of which, Joint Program on Eliminating Female Genital [5,000]
Mutilation..............................................
UN Democracy Fund.......................................... 3,500
UN Development Program..................................... 81,550
UN Environmental Programs.................................. 10,200
UN Intergovernmental Panel on Climate Change/UN Framework 15,000
Convention on Climate Change..............................
UN High Commissioner for Human Rights...................... 15,500
of which, Honduras....................................... [1,000]
of which, Colombia....................................... [2,500]
of which, Guatemala...................................... [1,000]
UN Human Settlements Program............................... 700
UN Junior Professional Officer Program..................... 1,500
UN Office for the Coordination of Humanitarian Affairs..... 3,500
UN Office of the Special Coordinator on Improving the UN 1,500
Response to Sexual Exploitation and Abuse.................
UN Resident Coordinator System............................. 23,000
UN Special Representative of the Secretary-General for 1,750
Sexual Violence in Conflict...............................
UN Trust Fund to End Violence Against Women................ 1,500
UN Voluntary Fund for Technical Cooperation in the Field of 1,150
Human Rights..............................................
UN Voluntary Fund for Victims of Torture................... 8,000
UN Women................................................... 10,000
World Meteorological Organization.......................... 1,000
World Trade Organization Technical Assistance.............. 600
------------------------------------------------------------------------
Multilateral Review.--Not later than 180 days after
enactment of the Act, the Secretary of State shall brief the
Committees on Appropriations on the degree to which
participation in multilateral organizations aligns with U.S.
national security and foreign policy interests.
Organization of American States.--The agreement includes
$5,000,000 under Economic Support Fund for the Organization
of American States (OAS) for the autonomous promotion and
protection of human rights.
International Financial Institutions
Inter-American Development Bank.--The agreement encourages
the Department of the Treasury and the U.S. Governor of the
Inter-American Development Bank to utilize the Bank's tools
and capabilities to strengthen disaster preparedness, address
root causes of migration, and support sustainability
initiatives.
GLOBAL ENVIRONMENT FACILITY
The agreement includes $149,288,000 for Global Environment
Facility, which includes $12,725,000 for unmet commitments.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND
The agreement includes $125,000,000 for a contribution to
the Clean Technology Fund.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
The agreement includes $206,500,000 for Contribution to the
International Bank for Reconstruction and Development for the
third of six installments under the current general and
selective capital increases.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement includes $1,421,275,728.70 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The agreement includes $1,001,400,000 for Contribution to
the International Development Association.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The agreement includes $53,323,000 for Contribution to the
Asian Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The agreement includes $54,648,752 for Contribution to the
African Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement includes $856,174,624 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The agreement includes $211,300,000 for Contribution to the
African Development Fund, which includes $40,000,000 for
unmet commitments.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The agreement includes $43,000,000 for Contribution to the
International Fund for Agricultural Development.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
The agreement includes $5,000,000 for Global Agriculture
and Food Security Program.
Pledge.--The agreement includes funds for the Global
Agriculture and Food Security Program to further the UN
Sustainable Development Goal on food security and urges the
Secretary of the Treasury to submit a pledge on behalf of the
United States Government in support of the 2020-2025
replenishment period.
CONTRIBUTIONS TO THE INTERNATIONAL MONETARY FUND FACILITIES AND TRUST
FUNDS
The agreement includes $102,000,000 for Contributions to
the International Monetary Fund Facilities and Trust Funds.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
Inspector General
The agreement includes $6,500,000 for Inspector General for
the Export-Import Bank of the United States, of which
$975,000 may remain available until September 30, 2023.
ADMINISTRATIVE EXPENSES
The agreement includes $114,000,000 for Administrative
Expenses for the Export-Import Bank of the United States, of
which up to $17,100,000 may remain available until September
30, 2023.
PROGRAM BUDGET APPROPRIATIONS
The agreement includes $5,000,000 for Program Budget
Appropriations.
United States International Development Finance Corporation
INSPECTOR GENERAL
The agreement includes $2,800,000 for Inspector General for
United States International Development Finance Corporation.
CORPORATE CAPITAL ACCOUNT
The agreement includes $698,000,000 for Corporate Capital
Account, including $198,000,000 for administrative expenses
and project-specific transaction costs as described in
section 1434(k) of the BUILD Act of 2018 (division F of
Public Law 115-254) and $500,000,000 for programs, which may
be paid to the United States International Development
Finance Corporation Program Account.
Environmental and Social Policies and Procedures.--The U.S.
International Development Finance Corporation (DFC) CEO shall
establish strict guidelines for the use of waivers of its
Environmental and Social Policies and Procedures, which
should be limited to compelling circumstances and in
furtherance of an important U.S. national interest. The use
of such waivers is subject to the regular notification
procedures of the Committees on Appropriations. Such
notification shall include the justification for the waiver
and describe the environmental and social policies and
procedures to be applied in lieu of DFC's policies and
procedures.
Impact Assessments.--Funds made available by the Act for
the DFC shall be used to increase quality impact assessments
to vet proposed projects for potential environmental and
social risks, and to ensure compliance with human rights,
labor, environmental, and transparency standards.
Investment in the Caribbean, Latin America, and the Pacific
Islands.--The agreement endorses the reporting directive
under the heading Investment in the Pacific Islands and the
Caribbean in the House report. Such report shall also include
investments in Latin America and describe how DFC investments
address needs including renewable energy and distributed
energy generation systems, climate change adaptation, and
support for minority and women-owned businesses.
Mission.--The agreement endorses the directive under the
heading Private Sector Development in the House report. The
DFC is an important tool to counter debt trap diplomacy by
the PRC in Southeast Asia and around the world, and the DFC
shall prioritize projects that advance significant U.S.
development goals and utilize its tools to be complementary
to, but not a substitute for, U.S. foreign assistance and
security programs.
Operating Plan.--The operating plan required by section
7062(a) of the Act shall contain detailed information
regarding all funds available to the DFC in the current
fiscal year, including: (1) carryover; (2) funds transferred
from other Federal agencies; and (3) funds that are not
allocated for particular programs, projects, or activities.
The DFC shall also specify in the operating plan funds
intended to be made available for any overseas presence.
Reallocation of Funds.--Notifications submitted for funds
made available by the Act for the DFC shall, if applicable,
include detailed information regarding any such funds that
were previously justified for a different purpose.
PROGRAM ACCOUNT
The agreement includes up to $500,000,000 for Program
Account transferred from Corporate Capital Account.
TRADE AND DEVELOPMENT AGENCY
The agreement includes $79,500,000 for Trade and
Development Agency, including
[[Page H3001]]
not more than $19,000,000 for administrative expenses.
Digital Connectivity and Cybersecurity Partnership
(DCCP).--The agreement includes funding at not less than the
prior year level for the DCCP, which shall support training
of technology professionals and officials, including from
developing countries.
TITLE VII
GENERAL PROVISIONS
The tables included under this title are subject to section
7019 of the Act.
The following general provisions are contained in the Act.
Each is designated as unchanged, modified, or new as compared
to division K of Public Law 116-260:
Section 7001. Allowances and Differentials (unchanged)
Section 7002. Unobligated Balances Report (unchanged)
Report on Unallocated Funds.--Not later than 45 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing all
funds appropriated in prior Acts under Foreign Military
Financing Program, or a predecessor account, that have been
obligated into the Foreign Military Sales Trust Fund and are
unallocated to a case as of the date of enactment of the Act.
Section 7003. Consulting Services (unchanged)
Section 7004. Diplomatic Facilities (modified)
Interim and Temporary Facilities.--Subsection (d)(1) does
not continue language from the prior fiscal year establishing
a minimum funding level to address security at interim and
temporary U.S. diplomatic facilities abroad as there are
fewer such facilities in existence.
New Embassy and Consulate Compound Construction.--Not later
than 60 days after enactment of the Act, the Director for the
Bureau of Overseas Buildings Operations shall brief the
Committees on Appropriations on efforts made to expand
opportunities for additional U.S. companies, including
minority owned companies, to participate in Department of
State construction projects abroad, and the results of those
efforts.
Section 7005. Personnel Actions (unchanged)
Section 7006. Prohibition on Publicity or Propaganda
(unchanged)
Section 7007. Prohibition Against Direct Funding for Certain
Countries (unchanged)
Section 7008. Coups d'Etat (unchanged)
Restrictions applied pursuant to this section should allow
programs to continue that are delivered through NGOs and
provide essential services for the local population.
Section 7009. Transfer of Funds Authority (modified)
Section 7010. Prohibition and Limitation on Certain Expenses
(unchanged)
Section 7011. Availability of Funds (unchanged)
Section 7012. Limitation on Assistance to Countries in
Default (unchanged)
Section 7013. Prohibition on Taxation of United States
Assistance (modified)
Notification and Reimbursement of Foreign Taxes.--The
Secretary of State shall report to the Committees on
Appropriations not later than December 31, 2022, and
quarterly thereafter until December 31, 2023, on the foreign
governments and entities that have assessed and not
reimbursed taxes pursuant to subsection (b), including any
amount of funds withheld pursuant to such subsection. Reports
required by such subsection in prior years have not been
submitted, and the Secretary is directed to submit the fiscal
year 2022 reports in a timely and comprehensive manner.
Section 7014. Reservations of Funds (unchanged)
Section 7015. Notification Requirements (modified)
Funds Received from Foreign Governments.--The Secretary of
State and USAID Administrator, as appropriate, shall report
to the Committees on Appropriations within 15 days of the
receipt of funds received from foreign governments pursuant
to sections 607 and 635(d) of the FAA, other than from
countries that are North Atlantic Treaty Organization (NATO)
or major non-NATO allies designated pursuant to section
517(b) of such Act. The report shall include the source and
the amount of funds received.
Section 7016. Document Requests, Records Management, and
Related Cybersecurity Protections (modified)
Records Management and Related Cybersecurity Protections.--
Not later than September 30, 2022, the Secretary of State and
USAID Administrator shall submit a report to the Committees
on Appropriations describing actions taken pursuant to
subparagraphs (c)(4) and (c)(5).
Section 7017. Use of Funds in Contravention of this Act
(unchanged)
Section 7018. Prohibition on Funding for Abortions and
Involuntary Sterilization (unchanged)
Section 7019. Allocations and Reports (modified)
Section 7020. Multi-Year Pledges (modified)
Section 7021. Prohibition on Assistance to Governments
Supporting International Terrorism (unchanged)
Section 7022. Authorization Requirements (unchanged)
Section 7023. Definition of Program, Project, and Activity
(unchanged)
Section 7024. Authorities for the Peace Corps, Inter-American
Foundation, and United States African Development
Foundation (unchanged)
Section 7025. Commerce, Trade and Surplus Commodities
(unchanged)
Section 7026. Separate Accounts (unchanged)
Section 7027. Eligibility for Assistance (unchanged)
Section 7028. Disability Programs (modified)
Disability Programs.--Not later than 90 days after
enactment of the Act, the USAID Administrator shall consult
with the Committees on Appropriations on the development of a
multi-year strategy for assistance for persons with
disabilities.
Section 7029. International Financial Institutions (modified)
Beneficial Ownership Information.--Not later than 90 days
after enactment of the Act, the Secretary of the Treasury
shall submit the report required under this heading in the
House report.
Evaluations.--Not later than 90 days after enactment of the
Act, the Secretary of the Treasury shall submit the report
required under this heading in the House report.
Grievance Mechanisms and Procedures.--Not later than 90
days after enactment of the Act, the Secretary of the
Treasury shall submit a report to the Committees on
Appropriations detailing steps taken by the U.S. executive
directors and the IFIs to support independent investigative
and adjudicative mechanisms and procedures pursuant to
subsection (h).
Whistleblowers.--Not later than 90 days after enactment of
the Act, the Secretary of the Treasury shall submit a report
to the Committees on Appropriations detailing steps taken by
the U.S. executive directors and the IFIs to support the
protection of whistleblowers pursuant to subsection (g).
Section 7030. Insecure Communications Networks (unchanged)
Strategy Requirement.--Not later than 90 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations describing the
steps taken to implement the strategy required under this
section in the explanatory statement accompanying division K
of Public Law 116-260.
Section 7031. Financial Management and Budget Transparency
(modified)
Anti-Kleptocracy and Human Rights.--For purposes of
subsection (c), violations of human rights include the unjust
or wrongful detention of members of political parties,
journalists, civil society leaders, LES of a United States
diplomatic mission, or a United States citizen or national.
Specific Cases.--The Secretary of State shall apply
subsection (c) to foreign government officials involved in
threatening, unjustly or wrongfully imprisoning, or otherwise
depriving of liberty independent journalists who speak out or
publish about official corruption or other abuses.
Waiver.--The Secretary of State shall submit a written
notification to the appropriate congressional committees and
the Committees on the Judiciary of the Senate and House of
Representatives not less than 5 days prior to exercising the
waiver authority in subsection (c)(3), including the
justification for each waiver.
Section 7032. Democracy Programs (modified)
The agreement includes a total of not less than
$2,600,000,000 for democracy programs under several accounts
in a manner similar to the prior fiscal year to strengthen
democracy abroad against rising authoritarianism and erosion
of the rule of law. Subsection (a)(2) designates not less
than $102,040,000 for DRL for certain countries and regional
programs. Such funds are allocated according to the following
table:
BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, DEPARTMENT OF STATE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund
Burma.................................................. 4,000
Maldives............................................... 500
Near East Regional Democracy........................... 15,000
North Korea............................................ 4,000
People's Republic of China............................. 12,000
South Sudan............................................ 1,000
Sri Lanka.............................................. 2,000
Sudan.................................................. 1,000
Syria.................................................. 11,000
Venezuela.............................................. 10,000
Yemen.................................................. 3,000
HRDF................................................... 11,500
Assistance for Europe, Eurasia and Central Asia
Europe and Eurasia..................................... 22,000
of which, Internet Freedom............................. [4,500]
Uzbekistan............................................. 3,000
------------------------------------------------------------------------
Countering Corruption Programs.--The agreement includes
funds for Department of State and USAID programs to counter
corruption abroad. The Secretary of State and USAID
Administrator shall jointly report to the appropriate
congressional committees on the respective roles and
responsibilities of each agency in the conduct of such
programs to ensure coordination and avoid duplication. A
component of such programs should target developing
democracies, including programs to strengthen actors in the
government and nongovernmental sectors to address this issue.
The agreement includes $3,000,000 for a rule of law program
in developing democracies to be administered by USAID that
focuses on the use of best practices to counter corruption,
to be awarded on an open and competitive basis and following
consultation with the Committees on Appropriations.
Democracy Assistance for Africa.--Not later than 90 days
after enactment of the Act, the Secretary of State and USAID
Administrator shall jointly submit a report to the Committees
on Appropriations detailing democracy assistance provided to
each country in Africa over the past five fiscal years and
plans to ensure adequate funding is provided for such
programs in subsequent fiscal years.
[[Page H3002]]
Democracy Strategy.--Not later than 180 days after
enactment of the Act, the Secretary of State, in consultation
with the USAID Administrator, shall submit to the appropriate
congressional committees a strategy for democracy programs
globally. As part of developing that strategy, the
Administrator shall consult with the Committees on
Appropriations on efforts to modernize USAID's democracy
assistance tools and approaches to counter new and emerging
threats to democracy, and plans to expand such efforts in
future fiscal years.
International Freedom of Expression and Independent
Media.--The agreement provides funds for programs to promote
and support international freedom of expression and
independent media. Funds should be used to support efforts
to: (1) strengthen civil society organizations working to
defend freedom of expression and association; (2) support the
enactment of laws and policies to protect freedom of
expression, association, and assembly; and (3) educate the
public about the legitimate role of journalists and civil
society activists in society.
Labor Programs.--Pursuant to subsection (k)(1), labor
programs include programs that support labor rights,
strengthen independent worker organizing, and build capacity
in collective bargaining through partnership with relevant
stakeholders that demonstrate an expertise on labor rights
promotion.
Program Changes.--The Secretary of State or USAID
Administrator, as appropriate, shall follow the directive
under this heading in Senate Report 116-126 in the manner
described.
Promotion of Human Rights in the People's Republic of
China.--The agreement supports funding for NGOs within the
Indo-Pacific region that are focused on the protection and
advancement of freedom of expression, association, assembly,
and religion for women, human rights activists, and ethnic
and religious minorities in the PRC.
The Assistant Secretary for Democracy, Human Rights, and
Labor shall consult with the Committees on Appropriations and
representatives of civil society regarding: (1) strengthening
the capacity of such entities; (2) protecting members of
organizations, including those residing outside the PRC, who
have been targeted for arrest, harassment, intimidation, and
other human rights violations, forced sterilizations,
coercive abortions, or forced labor; and (3) messaging to
reach the broadest possible audiences within the PRC about
U.S. Government efforts to protect freedom of expression,
association, assembly, and religion.
Protection of Civil Society Activists and Journalists.--The
agreement provides funds for programs to protect civil
society activists and journalists who are harassed,
threatened, and attacked for their legitimate advocacy
activities. Not later than 90 days after enactment of the
Act, the Secretary of State shall post on the Department's
website the specific processes by which such individuals can
request protection and other assistance from U.S. embassies,
including in areas where the United States does not maintain
a diplomatic facility. In addition, the Secretary shall
develop internal protocols and training on engagement with
and protection of, such individuals, to include strengthening
interagency sharing of data on reprisals against such
individuals on a regular and timely basis.
Spend Plan.--The spend plan required under section
7062(b)(1)(E) of the Act for democracy programs should
include accounts, regions, and global programs.
Section 7033. International Religious Freedom (modified)
Assistance.--The agreement includes not less than
$10,000,000 under Economic Support Fund for programs to
protect and investigate the persecution of religious
minorities, and not less than $10,000,000 for international
religious freedom programs under Democracy Fund.
Countries of Particular Concern.--If the USCIRF recommends
the designation of a country as a country of particular
concern in its annual report, and such country is not
designated as a CPC by the State Department, the Secretary of
State shall provide the rationale for such decision to the
appropriate congressional committees within 30 days.
Curriculum Report.--Not later than 45 days after enactment
of the Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the status of
implementation of training for all Foreign Service Officers
in international humanitarian law and policy, and the
development of the curriculum required under section 103 of
the Frank R. Wolf International Religious Freedom Act (Public
Law 114-281).
Expansion of Activities Report.--Not later than 90 days
after enactment of the Act, and following consultation with
the Committees on Appropriations, the Secretary of State
shall brief such Committees on efforts and opportunities to
expand international religious freedom programs, including
through roundtables that bring together individuals from
diverse religions and beliefs.
Section 7034. Special Provisions (modified)
Beneficiary Feedback.--Not later than 90 days after
enactment of the Act, and annually thereafter until September
30, 2027, the Secretary of State and USAID Administrator
shall submit a report to the Committees on Appropriations on
beneficiary feedback. The report shall include a description
of how: (1) the Department of State and USAID ensure that
implementing partners establish effective procedures for
collecting and responding to feedback from beneficiaries; and
(2) oversight is regularly conducted to ensure such feedback
is collected and used to maximize the impact of U.S. foreign
assistance, consistent with the requirements of subsection
(m)(1).
Exchange Visitor Program Clarification.--For purposes of
subsection (e)(7), the term ``modify'' means any executive
action that changes the number, origin, or eligibility of
program participants during any 60 day period, or that
otherwise changes the manner in which the program is
implemented, including the suspension of visas.
Ex-Post Evaluations.--In addition to funds otherwise made
available for monitoring and evaluation, the agreement
includes additional funds to be used for ex-post evaluations
of the sustainability of United States assistance programs.
Not later than 60 days after enactment of the Act, the
Secretary of State and USAID Administrator shall jointly
consult with the Committees on Appropriations on the proposed
uses of such funds. Not later than 120 days after enactment
of the Act, the Secretary and Administrator shall report to
the Committees on Appropriations on the uses of funds made
available for ex-post evaluations in fiscal year 2021.
Forensic Anthropology Assistance.--Funding for forensic
anthropology assistance shall be used to support activities,
including DNA analysis and the exhumation and identification
of remains, in countries where large numbers of people were
killed or forcibly disappeared and presumed dead as a result
of armed conflict, crimes against humanity, or other gross
violations of human rights, including to support activities
in Central America to exhume remains of victims of
atrocities.
Loan Guarantees.--Not later than 60 days after enactment of
the Act, the Secretary of State, USAID Administrator,
Secretary of the Treasury, and DFC CEO shall jointly submit
an updated report to the appropriate congressional committees
detailing: (1) the current management of the Sovereign Loan
Guarantee portfolio and financial exposure, including any
duplication or financial management challenges; (2) the
impact on each agency of a decision to transfer the portfolio
in full to such agency, including any additional resources or
legislative fixes required; and (3) the status of an
interagency decision on permanent transfer and management of
the portfolio.
Local Competition.--When making available funds
appropriated by the Act or prior Acts for a limited
competition through local entities, the USAID Administrator
shall ensure that effective financial and performance
oversight occurs and that pre-award and post-award
requirements continue to be met. The USAID Administrator
shall submit a report not later than 45 days after the end of
fiscal year 2022 to the appropriate congressional committees
on all awards in excess of $3,000,000 and sole source awards
in excess of $2,000,000 subject to limited or no competition
for local entities.
Local Works.--In furtherance of subsection (p), not later
than 90 days after enactment of the Act, the USAID
Administrator shall submit to the Committees on
Appropriations a report including: (1) an assessment of the
progress in achieving the central goal of Local Works to move
USAID toward a development model based on the recognition
that local governments, organizations, and communities are
often best-suited to lead a process of sustainable
progressive change; (2) a description of the key factors that
prevent such goal from being achieved and steps being taken
to address those factors and to expand Local Works; and (3)
recommendations for any administrative or legislative action
that would further enable such goal to be achieved.
Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--For purposes of
implementing section 203(a)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457), the Secretary of State shall consider
the following as sufficient to determine that a diplomatic
mission ``tolerated such actions'': (1) the failure to
provide a replacement passport within a reasonable period of
time to a T-visa recipient; (2) the existence of multiple
concurrent civil suits against members of the diplomatic
mission; or (3) the failure to satisfy a civil judgment
against an employee of the diplomatic mission.
Section 889 Report.--Not later than 45 days after enactment
of the Act, the Secretary of State and USAID Administrator
shall each submit an update to the report required under
section 7030 in the explanatory statement accompanying
division K of Public Law 116-260 on the impact of section 889
on programs and operations. Such report shall also include
detail on the implementation of subsection (r).
Section 7035. Law Enforcement and Security (modified)
Combat Casualty Care Report.--The Secretary of State shall
update the report required under this heading in section 7039
of Senate Report 116-126, except that the reporting period
shall cover the prior fiscal year.
Foreign Military Training Report.--The report required by
section 656 of the FAA should include units of operation of
military personnel who receive training, which shall be
specified at the battalion or equivalent level.
International Prison Conditions.--Funds made available for
assistance to eliminate
[[Page H3003]]
inhumane conditions in foreign prisons should include
interventions to improve access to adequate nutrition,
medical care, and hygiene and to end the use of solitary
confinement that violates due process and harms human health.
Oversight and Accountability.--Prior to signing a new
Letter of Offer and Acceptance (LOA) involving funds
appropriated under Foreign Military Financing Program, the
Secretary of State shall consult with each recipient
government to ensure the LOA complies with purposes of
section 4 of the Arms Export Control Act and that the defense
articles, services, and training procured with funds under
such heading are consistent with U.S. national security
policy. The Secretary shall inform the appropriate
congressional committees of any instance in which the
Secretary has credible information that such assistance was
used in a manner contrary to such agreement.
Reports Continued.--The Secretary of State shall submit the
report on security assistance required by section 7035(d)(l)
of division G of Public Law 116-94 in the manner described,
except such report shall include funds obligated and expended
during fiscal year 2021.
The Secretary of State shall submit the report on vetting
required by section 7049(d)(3) of division F of Public Law
116-6 in the manner described.
Security Assistance Coordination.--The agreement supports
increased measures to ensure that security cooperation
programs supported by the Act are strategic, address clearly
defined goals and objectives, and are integrated with other
programs. Not later than 90 days after enactment of the Act,
the Secretary of State, in coordination with the Secretary of
Defense, shall submit to the Committees on Appropriations an
integrated security cooperation strategy for assistance for
Colombia, Jordan, Mexico, the Philippines, and Tunisia.
Each strategy shall include: (1) an overview of the
security relationship between the United States and the
country; (2) a description of the goals, objectives, and
milestones of security cooperation programs and initiatives
supported by the Department of State and the Department of
Defense; (3) a description of how programs complement rather
than duplicate each other; (4) funding by account and program
for fiscal year 2022 and the prior two fiscal years; and (5)
a description of host country capabilities and financial
contributions towards shared security goals. The strategy
shall also identify all relevant United States title 10 and
title 22 authorities, identify areas of overlap in United
States security assistance, and provide recommendations for
eliminating redundancies and improving management and
oversight of U.S. assistance to foreign security forces and
defense institutions.
Section 502B.--Not later than 90 days after enactment of
the Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing each instance
when section 502B of the FAA was applied in the past ten
years to prevent the provision of security assistance or the
issuance of an export license under the Export Administration
Act of 1979, and each instance when the President certified
in writing that extraordinary circumstances existed to
warrant the provision of assistance or issuance of such an
export license. The report shall also specify the criteria
used to determine if the government of a country has engaged
in a consistent pattern of gross violations of human rights
and include a current list of such governments.
Security Force Professionalization.--Prior year funds
appropriated for security force professionalization programs
under Peacekeeping Operations and International Narcotics
Control and Law Enforcement remain available to increase
partner capacity to collect, track, and analyze data on
arbitrary arrest, abuse of detainees, and harm to civilians
from law enforcement operations of the respective government.
Not later than 90 days after enactment of the Act, the
Secretary of State shall consult with the Committees on
Appropriations on the planned uses and program management of
such funds in fiscal years 2022 and 2023.
Training Related to International Humanitarian Law.--Not
later than 90 days after enactment of the Act, and following
consultation with the Committees on Appropriations, the
Secretary of State shall submit a report to the Committees on
the implementation of section 7035(a)(4) of division G of
Public Law 116-94. Such report shall include the amount of
funds made available by country under Peacekeeping Operations
and Foreign Military Financing Program for such purpose in
the prior fiscal year.
Section 7036. Arab League Boycott of Israel (unchanged)
Section 7037. Palestinian Statehood (unchanged)
Section 7038. Prohibition on Assistance to the Palestinian
Broadcasting Corporation (unchanged)
Section 7039. Assistance for the West Bank and Gaza
(modified)
Section 7040. Limitation on Assistance for the Palestinian
Authority (unchanged)
Section 7041. Middle East and North Africa (modified)
Bahrain Report.--Not later than 60 days after enactment of
the Act, the Secretary of State shall submit a report to the
Committees on Appropriations, which may be in classified form
if necessary, detailing efforts made on behalf of political
prisoners in Bahrain and the Government of Bahrain's
response.
Egypt.--The agreement includes assistance for Egypt at
levels consistent with the prior fiscal year. The Secretary
of State shall inform the Committees on Appropriations, in
writing, in advance of any modification to amounts included
for assistance for Egypt in the report required by section
653(a) of the FAA. No funds were requested for cash transfer
assistance or budget support for Egypt and the agreement does
not include funds for such purposes.
Counterterrorism Campaign in the Sinai.--Not later than 90
days after enactment of the Act, the Secretary of State, in
consultation with the Secretary of Defense, shall update the
report required under this heading in Senate Report 116-126
on Egypt's compliance with end-user monitoring agreements for
the use of U.S. military equipment in the Sinai, in the
manner described.
Pre-Obligation Determination.--In making the determination
pursuant to paragraph (4), the Secretary of State shall
consider the case of American citizen, April Corley, who
suffered severe injuries and losses as a result of an attack
on her tour group by Egyptian armed forces on September 13,
2015.
Report.--Not later than 90 days after enactment of the Act,
the Secretary of State shall submit a report to the
Committees on Appropriations on incidents of harassment,
threats, and arbitrary detention against American citizens,
and their family members in Egypt and the United States.
Iran Counterinfluence Programs.--The Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall coordinate Iran counterinfluence programs
funded by the Act. Such programs should: (1) counter the
false assertions made by the Government of Iran against the
United States and other democratic countries; (2) describe
the support Iran provides to terrorist or extremist proxies;
and (3) assess and describe the adverse impacts such support
causes to the people of Syria, Yemen, Lebanon, and other
areas where Iran operates through proxies.
Iran Reports.--Not later than 180 days after enactment of
the Act, the Secretary of State shall update the report
required under this heading in Senate Report 116-126 in the
manner described.
Iraq.--In addition to the amounts designated in the Act for
Iraq under Economic Support Fund and Foreign Military
Financing Program, the agreement includes not less than the
following amounts for assistance for Iraq: $47,500,000 under
Nonproliferation, Anti-terrorism, Demining and Related
Programs; and $1,000,000 under International Military
Education and Training.
Higher Education.--The agreement includes $10,000,000 under
Economic Support Fund to support American-style higher
education institutions in Iraq, including in the Kurdistan
region, on an open and competitive basis.
Justice Sector Assistance.--The agreement provides not less
than $5,000,000 under International Narcotics Control and Law
Enforcement and Economic Support Fund to support the Iraqi
justice sector, including to combat corruption, strengthen
adherence to international standards of due process, improve
juvenile justice, provide for the humane treatment of
prisoners, and support civil society engagement with the
judiciary. Such funds shall be made available following
consultation with the Committees on Appropriations.
Security Assistance.--The Secretary of State shall ensure
that funds appropriated under title IV of the Act that are
made available for assistance for Iraqi security forces are
monitored in accordance with sections 502B and 620M of the
FAA.
Jordan.--Within the total amount designated in the Act for
assistance for Jordan, the agreement includes not less than
the following: $1,207,400,000 under Economic Support Fund;
$13,600,000 under Nonproliferation, Anti-terrorism, Demining
and Related Programs; and $4,000,000 under International
Military Education and Training.
The agreement supports critical economic assistance needed
this fiscal year to help ensure Jordan's ongoing stability,
including to strengthen Jordan's borders and to help mitigate
the impact of hosting millions of refugees. The Secretary of
State shall continue to support the Government of Jordan's
efforts to implement economic and democratic reforms and
shall consult with the Committees on Appropriations on
prospective policy proposals aimed at assisting Jordan
achieve additional and long-lasting reforms, including in its
water and public sectors.
Disability Programs.--The agreement provides up to
$2,000,000 under this heading to support disability advocacy
programs in Jordan, following consultation with the
Committees on Appropriations and the Higher Council for the
Rights of Persons with Disabilities in Jordan.
High Quality Crafts.--The agreement includes funding for
programs that use the high quality craft sector as a catalyst
for sustainable economic growth in Jordan, especially at Umm
Qais in Northern Jordan.
Lebanon.--The agreement includes assistance for Lebanon at
levels above the prior fiscal year.
Border Dispute Resolution.--The agreement supports efforts
to facilitate the resolution of border disputes between
Lebanon and Israel. Not later than 90 days after enactment of
the Act, the Secretary of State shall submit a report to the
Committees on Appropriations on steps taken during the prior
year to resolve such disputes.
[[Page H3004]]
Institutes of Higher Education.--Not later than 90 days
after enactment of the Act, the USAID Administrator shall
submit a report to the Committees on Appropriations detailing
plans to support institutions of higher education in Lebanon
that have been severely impacted by the country's economic
and political crises and the COVID-19 pandemic. The report
should include plans to continue supporting such institutions
over a three-year period.
Lebanese Armed Forces.--The agreement continues to support
the efforts of the Lebanese Armed Forces to combat Hezbollah
and other terrorist groups in Lebanon, and to continue to
serve as a stabilizing force in that country and for the
region.
Refugee Scholarships.--The agreement includes $9,000,000 to
continue the undergraduate and graduate scholarship program
for refugees in Lebanon, including Palestinians and Syrians.
Such funds are in addition to funds made available for
assistance for Lebanon under Economic Support Fund and are to
be administered consistent with the Lebanon scholarship
program at not-for-profit educational institutions in Lebanon
that meet the standards required for American accreditation.
Libya.--Prior to the initial obligation of funds made
available by the Act for assistance for Libya, the Secretary
of State shall certify and report to the Committees on
Appropriations that all practicable steps have been taken to
ensure that mechanisms are in place for monitoring,
oversight, and control of such funds.
Morocco.--The agreement includes not less than $10,000,000
under Economic Support Fund, not less than $10,000,000 under
Development Assistance, and $10,000,000 under Foreign
Military Financing Program for assistance for Morocco.
Syria.--Prior to the initial obligation of any funds
appropriated by the Act for assistance for Syria, the
Secretary of State shall take all practicable steps to ensure
that mechanisms are in place for monitoring, oversight, and
control of such assistance inside Syria.
Tunisia.--The agreement includes assistance for Tunisia at
levels consistent with prior fiscal years following
consultation with, and the regular notification procedures
of, the Committees on Appropriations. Such assistance shall
support the Tunisian people in holding free and fair
elections and strengthening democratic governance, fighting
corruption, promoting economic growth, empowering the private
sector, and maintaining regional security.
The Secretary of State and USAID Administrator shall
continue to prioritize economic development and reform
programs in Tunisia, including through anticorruption
programs and the designation of corrupt officials under
section 7031(c) of the Act. The Secretary of State shall
continue to raise concerns both publicly and privately with
the Government of Tunisia on democratic backsliding and
coordinate with the international community on an appropriate
response to such action. The agreement includes sufficient
funds to increase democracy programs in support of the
aspirations of the people of Tunisia for freedom and justice,
and, through the Countering PRC Influence Fund, to counter
the strategic influence of the PRC.
UN Political Process on Western Sahara.--The Secretary of
State shall continue to support a United Nations-led
political process that achieves a just, lasting, and mutually
acceptable political solution in accordance with relevant
United Nations Security Council resolutions.
West Bank and Gaza.--The agreement includes $40,000,000
under International Narcotics Control and Law Enforcement for
security assistance programs for the West Bank and
$219,000,000 under Economic Support Fund for the West Bank
and Gaza.
Assessment.--The Secretary of State, in consultation with
the USAID Administrator, shall conduct a comprehensive
assessment of water infrastructure requirements in the West
Bank and Gaza, which should include: (1) relevant information
from the World Bank, UN, and other international donors; and
(2) the feasibility and options for establishing a U.S.-led
financing mechanism, in accordance with the Taylor Force Act
and in coordination with other donors, to address the
requirements identified by such assessment. The Secretary of
State shall consult with the Committees on Appropriations
prior to initiating such an assessment.
Report on Incitement.--Not later than 90 days after
enactment of the Act, and in addition to the reporting
requirement under subsection (l)(6), the Secretary of State
shall submit a report to the appropriate congressional
committees detailing steps taken by the Palestinian Authority
and by the other governments in the region to counter
incitement of violence and to promote tolerance, peace, and
coexistence.
U.S. Consulate in Jerusalem.--In lieu of the language in
the House report under the heading, United States Consulate
in Jerusalem, the Secretary of State shall brief the
Committees on Appropriations on the feasibility of reopening
the Consulate.
Yemen.--The agreement includes funds under title III of the
Act and under Nonproliferation, Anti-terrorism, Demining and
Related Programs for health, humanitarian, and stabilization
assistance for Yemen, including demining operations.
Economic and Governance Reforms.--Not later than 180 days
after enactment of the Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
economic and governance reforms that the governments of
Tunisia and Egypt could take to: (1) significantly enhance
their capability to raise revenue to support public utilities
and services and reduce subsidies; (2) improve transparency
and accountability to reduce inefficiencies, and help avoid
conflicts of interest and other detrimental practices related
to public services and expenditures; and (3) protect freedom
of expression and association, due process, and the
independence of the media and the judiciary.
Section 7042. Africa (modified)
Cameroon.--The Secretary of State shall use all available
diplomatic tools to ensure the transparent investigation, and
appropriate punishment, of security force personnel who are
credibly alleged to have committed, ordered, or covered up
gross violations of human rights, including those committed
against Cameroonian citizens and refugees in the Far North
and Anglophone regions.
Democratic Republic of the Congo (DRC).--Not later than 90
days after enactment of the Act, the Secretary of State shall
brief the Committees on Appropriations on efforts to protect
minority communities in the DRC, including the Banyamulenge.
The briefing shall describe assistance provided in response
to recent atrocities and any sanctions levied against
responsible individuals.
Virunga National Park.--The agreement provides $2,000,000
under International Narcotics Control and Law Enforcement for
equipment and technical training to bolster security in
Virunga National Park, including against illegal armed
groups.
Guinea-Bissau.--The agreement provides up to $1,000,000 for
programs under International Narcotics Control and Law
Enforcement to strengthen bilateral law enforcement and
security cooperation with Guinea-Bissau, including on
wildlife trafficking and other natural resource issues. The
Secretary of State shall secure U.S. diplomatic facilities in
Bissau, which is a non-presence post, and ensure LES at the
U.S. Liaison Office are adequately compensated.
Liberia.--The agreement provides funds above the fiscal
year 2021 level for assistance for Liberia to strengthen
health systems, including to expedite the distribution and
administration of COVID-19 vaccines in Liberia.
Mali.--Not later than 90 days after enactment of the Act,
the Secretary of State shall submit a report to the
appropriate congressional committees assessing the impact of
the termination of Operation Barkhane and the Takuba Task
Force on counterterrorism efforts in the Sahel and on the
security operations and stability of governments in the
region. In addition, the report should describe the interest
and efforts of malign actors to play a larger role in this
region.
Nigeria.--Not later than 90 days after enactment of the
Act, the Secretary of State shall brief the Committees on
Appropriations on implementation of the U.S. Strategy for
Countering Boko Haram/ISIS-WA, which was submitted to
Congress pursuant to Public Law 114-266.
Rwanda.--In determining whether to provide assistance to
the Government of Rwanda, the Secretary of State shall
prioritize whether such government is respecting freedom of
expression and association, the right of due process,
transparency and fairness in judicial and electoral
processes, and the humane treatment of prisoners.
Sahel Report.--Not later than 90 days after enactment of
the Act, the Secretary of State, in consultation with the
heads of other relevant Federal agencies, shall update the
report required under the Report on Sub-Saharan Security
Programs heading in Senate Report 116-126.
Sahel Violations of Human Rights.--The Secretary of State
should work with the Governments of Burkina Faso, Mali, and
Niger to ensure the transparent investigation, and
appropriate punishment, of security force personnel and those
associated with such personnel who are implicated in gross
violations of human rights. Not later than 60 days after
enactment of the Act, the Secretary shall brief the
Committees on Appropriations on the status of such
investigations and the intended uses of funds made available
under title IV of the Act and prior Acts for assistance for
such governments.
South Sudan.--Additional funds made available to support
civil society organizations in South Sudan should prioritize
organizations that advocate for an end to ethnic violence,
displacement, and government corruption, and in support of
conditions conducive to holding free and fair elections,
strengthening democratic institutions, and economic
development that is equitable and reaches all, including the
most marginalized.
South Sudan Basic Education.--Not later than 90 days after
enactment of the Act, the USAID Administrator shall consult
with the Committees on Appropriations on basic education
programs for South Sudan, including opportunities to support
teacher training and other needs for government, private, and
non-profit primary and secondary education institutions.
Terrain Hotel Attack.--Not later than 45 days after
enactment of the Act, the Secretary of State shall submit an
updated report to the appropriate congressional committees on
steps taken, and planned to be taken, by the Governments of
the United States and South Sudan to obtain justice and fair
compensation for the victims of the attack on the Terrain
Hotel on July 11, 2016.
[[Page H3005]]
Sudan Reports.--In lieu of the reporting requirement under
Reports, Sudan in the House report, the Secretary of State
shall submit a report, not later than 45 days after enactment
of the Act, on actions being taken, bilaterally and
multilaterally, to foster a civilian transition in Sudan.
Tanzania.--The Secretary of State and USAID Administrator
shall consult with the Committees on Appropriations on ways
to assist Tanzania to address extremist spill-over, including
ISIS M, from Mozambique and the feasibility of cross border
programs to address this issue.
Section 7043. East Asia and the Pacific (modified)
Burma.--The agreement provides not less than $136,127,000
for assistance for Burma, except no assistance may be made
available to the State Administration Council or the Burmese
military. Funds may also be made available for programs
supporting: (1) conflict mitigation and stabilization; (2)
democracy, human rights, civil society, independent media,
and rule of law; (3) health; (4) education; (5) rural
economic development and agriculture; and (6) humanitarian
assistance. Not later than 90 days after enactment of the
Act, the Secretary of State, in consultation with the USAID
Administrator, shall consult with the Committees on
Appropriations on the uses of funds.
The entities referenced in subsection (a)(1)(B) include:
the National Unity Government of the Republic of the Union of
Myanmar; the National Unity Consultative Council; the
Committee Representing Pyidaungsu Hluttaw; the Civil
Disobedience Movement; and the political, administrative, and
governance institutions of Ethnic Armed Organizations that
are providing non-violent support to the democratic movement
and processes.
Cross Border Humanitarian Assistance.--The agreement
includes funds for cross border humanitarian assistance for
ethnic groups in Burma, particularly those displaced by the
civil war, and the Secretary of State shall prioritize the
establishment of cross border delivery mechanisms with the
Government of Thailand through ethnic health organizations
and other experienced entities, and to Thai communities along
the border. Not later than 60 days after enactment of the
Act, the Secretary of State shall report to the appropriate
congressional committees on steps taken to accelerate cross
border assistance.
Diplomatic Engagement.--The Secretary of State shall
continue emphasizing diplomatic engagement with the
international community, including the UN, to end violence
and restore democratic processes in Burma.
Cambodia.--The agreement provides funds under title III for
assistance for survivors of the Khmer Rouge. Prior to the
obligation of such funds, the USAID Administrator shall
submit a report to the Committees on Appropriations detailing
programs to be supported during fiscal year 2022 and plans
for this program over the next three fiscal years.
Democracy Programs.--The agreement provides funds for
democracy programs for Cambodia that shall be made available
to strengthen civil society and democratic political parties,
particularly those with members in exile, which shall include
programs conducted outside of Cambodia.
Extraordinary Chambers in the Court of Cambodia.--The
Secretary of State shall continue to seek reimbursement from
the Principal Donors Group for the Documentation Center of
Cambodia for costs incurred in support of the Extraordinary
Chambers in the Court of Cambodia. Not later than 45 days
after enactment of the Act, the Secretary of State shall
report to the Committees on Appropriations on actions taken
during the previous fiscal year to secure such reimbursement.
PRC Activities Report.--Not later than 90 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations on the total
estimated amount of the PRC's activities in Cambodia in
fiscal year 2021.
Research and Education Programs.--The agreement provides
funds for research and education programs associated with the
Khmer Rouge genocide in Cambodia, including the support of
the PRC for the Khmer Rouge regime.
Indo-Pacific Strategy and the Asia Reassurance Initiative
Act of 2018.--The agreement includes not less than
$300,000,000 for the Countering PRC Influence Fund.
Guidance.--Consistent with subsection (c)(2), use of funds
made available for the Countering PRC Influence Fund shall be
the joint responsibility of the Secretary of State and the
USAID Administrator. Not later than 90 days after enactment
of the Act, the Secretary and Administrator shall submit a
report to the Committees on Appropriations detailing the
framework and processes for administering the Fund, including
the designation of a coordinator and deputy coordinator at
the Department of State and USAID, respectively, who shall
provide policy guidance, coordination, and approval for uses
of the Fund.
Funds are allocated according to the following table:
COUNTERING PRC INFLUENCE FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 75,000
Economic Support Fund...................................... 80,000
Tibetan Institutes promoting democracy and religious [3,000]
freedom.................................................
International Narcotics Control and Law Enforcement........ 70,000
Nonproliferation, Anti-terrorism, Demining and Related 25,000
Programs..................................................
Foreign Military Financing Program......................... 50,000
------------------------------------------------------------------------
Chinese Communist Party Influence Report.--The Secretary of
State shall update the report regarding the PRC and Chinese
Communist Party disinformation and other malign campaigns
with respect to the United States under the heading People's
Republic of China in the explanatory statement accompanying
division K of Public Law 116-260.
Debt Trap Diplomacy.--Not later than 45 days after
enactment of the Act, the Secretary of State shall direct a
sampling of U.S. embassies in Asia, Africa, Eurasia, Latin
America, and the Middle East to prepare a report on PRC
equity and assets within their country of operation. These
reports shall include the following: (1) an assessment of the
country's overall debt obligations to the PRC; (2) a listing
of known significant infrastructure projects that are
financed from capital provided by the PRC banking system,
state-owned commercial banks, and PRC sovereign wealth funds;
and (3) an assessment of which known infrastructure projects
listed in such report are projects under the Belt and Road
Initiative.
Oceania.--Not later than 90 days after enactment of the
Act, the Secretary of State and USAID Administrator shall
submit a report to the Committees on Appropriations
describing the Department and USAID's strategy and specific
programs, including anti-corruption activities, to counter
debt trap and corrupt practices in countries of the Oceania
region and identifying areas to strengthen such programming
to promote democracy and counter malign influence,
particularly from the PRC.
Rare Earth Minerals.--The agreement endorses language under
the heading Energy Resource Governance Initiative in the
House report and directs the Secretary of State to submit a
report to the Committees on Appropriations, not later than
180 days after enactment of the Act, on steps taken to
address the national security threat posed by the PRC's
control of an estimated two-thirds of the global supply of
rare earth minerals. The report shall include: (1) a
description of the extent to which the United States has
engaged with the other countries of the Quadrilateral
Security Dialogue to promote shared investment and
development of rare earth minerals; and (2) a description of
steps planned to be taken to produce a more reliable and
secure global supply chain of such minerals.
Research and Development Cooperation.--The Department of
State and USAID are directed to take all practicable steps to
ensure that research and development activities funded by the
Act are protected against interference and misappropriation
by the PRC.
Spend Plan.--In submitting the spend plan required by
section 7062(b)(1)(D) of the Act for the Indo-Pacific
Strategy, the Secretary of State shall include amounts to be
obligated by account for the activities authorized in Public
Law 115-409.
Xinjiang.--None of the funds made available by the Act
shall be used to implement, administer, carry out, modify,
revise, or enforce any action that directly supports or
facilitates forced labor and other violations of human
rights, crimes against humanity, and genocide in the PRC.
Laos.--The agreement includes not less than $7,500,000 for
maternal and child health and nutrition programs for Laos
under Global Health Programs.
Laos Dioxin Assessments.--For purposes of subsection (d),
dioxin assessments should include environmental testing in
villages close to multiple spraying runs and locations where
Agent Orange may have been stored and loaded onto aircraft.
People's Republic of China Access and Reciprocity Report.--
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit the report under the heading
Reciprocity in the House report. Such report shall also
include an update to the report required under the heading
People's Republic of China Access Report in Senate Report
115-282 and an analysis of any disparities in access on
United States interests and priorities and policy
recommendations to promote reciprocity in the United States-
PRC relationship.
Philippines.--Funds under title III of the Act should be
made available for USAID to continue support for the national
and community-based drug treatment and demand reduction
program implemented by the Philippine Department of Health
and local entities. Such funds shall be made available on a
cost-matching basis to the maximum extent practicable.
Southeast Asia Legal Education.--The agreement provides
funds for a program, to be awarded on an open and competitive
basis, to help modernize undergraduate law school programs in
Cambodia, Vietnam, and Laos through legal skills courses on
the rule of law, anti-corruption, rights protection,
advocacy, mock trial, lawyering, and ethics, as well as to
sponsor skills-based competitions and international
collaboration initiatives, including regional rule of law
journals and regional professor exchange.
Taiwan.--Funds made available under Economic Support Fund
for the Global Cooperation and Training Framework shall be
administered by the American Institute in Taiwan.
Thailand.--The agreement provides $4,000,000 for democracy,
conflict resolution, and reconciliation programs in Southern
Thailand.
[[Page H3006]]
Tibet.--Funds appropriated by the Act should not be used to
produce or disseminate documents, maps, or other materials
that recognize or identify Tibet, including the Tibet
Autonomous Region and other Tibetan autonomous counties and
prefectures, as part of the PRC until the Secretary of State
reports to the appropriate congressional committees that the
Government of the PRC has reached a final negotiated
agreement on Tibet with the Dalai Lama or his representatives
or with democratically-elected leaders of the Tibetan people.
Differentiation of Assistance.--For purposes of the report
required by section 653(a) of the FAA, spend plans, and
notifications, the Department of State and USAID shall
differentiate assistance made available by the Act for Tibet
from any such assistance made available for the PRC and
India.
Lhasa Consulate.--The Department of State shall continue to
pursue the establishment of a consulate in Lhasa to provide
services to U.S. citizens traveling in Tibet and to monitor
political, economic, and cultural developments in the Tibet
Autonomous Region. Until such consulate is established, the
Department of State should not permit the establishment of
any additional PRC consulate in the United States.
Tibetan Institutes Promoting Democracy and Religious
Freedom.--Not later than 90 days after enactment of the Act,
the Assistant Secretary for Democracy, Human Rights, and
Labor and the United States Special Coordinator for Tibetan
Issues shall jointly consult with the Committees on
Appropriations on the proposed operations and programs of
Tibetan Institutes promoting democracy and religious freedom
referenced in subsection (h)(3).
Vietnam.--The recommendation includes $15,000,000 for
higher education programs in Vietnam, of which $7,500,000 is
for the Vietnam Education Foundation Act of 2010, and such
funds may not be used for the construction of facilities.
Health/Disability Programs.--The agreement provides funding
to continue and expand health/disability programs related to
the use of Agent Orange and exposure to dioxin. To better
achieve U.S. humanitarian goals, assistance should directly
reach the homes of more Vietnamese who are severely affected.
Reconciliation/Vietnamese Wartime Accounting Initiative.--
The agreement includes $2,000,000 for a Reconciliation/
Vietnamese Wartime Accounting Initiative to strengthen
Vietnam's capacity to conduct DNA analysis and to otherwise
assist in locating and identifying Vietnamese MIAs, to
collect oral histories, and to support communications and
outreach that furthers reconciliation including museum and
other exhibits on war legacy cooperation. Not later than 90
days after enactment of the Act, the USAID Administrator
shall consult with the Committees on Appropriations on the
proposed uses of such funds.
Section 7044. South and Central Asia (modified)
Afghanistan.--The Secretary of State should consider ways
to recognize the assistance of certain countries for their
support of at-risk persons from Afghanistan, including
Albania, Bahrain, Canada, Chile, Colombia, Costa Rica,
Ecuador, Guyana, India, Kuwait, Mexico, Netherlands, North
Macedonia, Poland, Portugal, Qatar, Rwanda, Singapore,
Uganda, and the United Arab Emirates.
The agreement supports the reprogramming of prior year
appropriated funds for assistance for Afghanistan to support
U.S.-funded program implementers, participants, and their
families in third countries who are at a heightened risk of
retaliation by the Taliban. Such targeted assistance should
include implementers and participants associated with women's
empowerment, democracy, justice and human rights, and media
programs.
The agreement supports continued funding for the American
University of Afghanistan (AUAF), which is providing online
education for Afghan students and educational opportunities
in third countries for such students in Qatar, Iraq, and
Central Asia, and directs the Secretary of State and USAID
Administrator to consult with the Committees on
Appropriations not later than 15 days after enactment of the
Act on plans to support AUAF.
The agreement does not incorporate the reporting directives
related to Afghanistan under this heading in the House
report.
India.--The Secretary of State and USAID Administrator
should work with the Government of India and Indian civil
society organizations to increase economic opportunities,
encourage tolerance, protect human rights, and strengthen the
administration of justice in the North Eastern Region of
India.
Nepal.--The Secretary of State should continue to urge the
Government of Nepal to honor the agreement with the United
Nations High Commissioner for Refugees that commits the
Government of Nepal to respect the principle of non-
refoulement that prohibits countries from expelling or
returning people to a country where they would be at risk of
irreparable harm or serious human rights violations.
Pakistan.--The agreement includes funding for Pakistan for
democracy and gender programs consistent with the prior year
level.
Sri Lanka.--Not later than 90 days after enactment of the
Act, the Secretary of State shall submit a report to the
Committees on Appropriations, with a classified annex if
necessary, on: (1) the Government of Sri Lanka's compliance
with United Nations Human Rights Council resolutions
including Resolution 46/1, adopted on March 23, 2021; (2) the
status of security reforms in Sri Lanka including an update
on the report required under this heading in Senate Report
116-126 in the manner described; (3) the involvement of Sri
Lankan police and military officers, of whatever rank, who
have been involved in ordering, condoning, carrying out, or
covering up crimes of arbitrary and incommunicado detention,
torture, and extortion of Tamils; and (4) the involvement of
Sri Lankan officials, of whatever rank, in significant acts
of corruption.
Section 7045. Latin America and the Caribbean (modified)
Bolivia.--The agreement endorses language in the House
report under this heading regarding the elections process in
Bolivia. Not later than 120 days after enactment of the Act,
the Secretary of State shall submit a report to the
Committees on Appropriations evaluating: (1) the transparency
and legitimacy of the 2019 Bolivia general elections by
soliciting information from independent, internationally
recognized experts; and (2) progress in investigations of
responsibility for violations of human rights that occurred
during that period.
Central America.--Subsection (a)(1) directs that funds
appropriated under titles III and IV of the Act be made
available for assistance for Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama, including through
the Central America Regional Security Initiative. Such
assistance shall be prioritized for programs that address
factors that contribute to irregular migration, including
countering violence, poverty, and corruption, and promoting
economic growth that is equitable and reaches all, including
the most marginalized.
Funds for certain assistance for Central America are
allocated according to the following table:
SELECTED ASSISTANCE FOR CENTRAL AMERICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance
Central America Youth Empowerment Program............. 50,000
Honduras.............................................. 95,000
El Salvador...........................................
National Commission for the Search of Persons 1,000
Disappeared in the Context of the Armed Conflict.....
International Narcotics Control and Law Enforcement.....
Central America Criminal Justice Pilot Project........ 2,500
Central America Regional Security Initiative..........
Costa Rica............................................ 32,500
International Military Education and Training...........
Costa Rica............................................ 725
Foreign Military Financing Program
Costa Rica............................................ 7,500
------------------------------------------------------------------------
Anti-Corruption and Rule of Law Programs.--Subsection
(a)(1)(A)(i) provides not less than $61,500,000 for support
of entities and activities dedicated to combating corruption
and impunity and strengthening the rule of law, including
offices of Attorneys General, as described under the Central
America heading in the House report. Funds are included to
support technical assistance to strengthen the investigative
capacity of offices of Attorneys General and specialized
anti-corruption units in El Salvador, Guatemala, and
Honduras, provided that such entities demonstrate political
independence and willingness to prosecute high level cases,
including against senior government officials, legislators,
and private individuals. The Secretary of State and USAID
Administrator shall consult with the Committees on
Appropriations on the use of such funds prior to submission
of the spend plans required by section 7062(b)(1)(A) of the
Act, which should include planned amounts for the above
referenced activities and entities.
Central America Criminal Justice Pilot Project.--The
agreement provides funds for a pilot project, to be awarded
on an open and competitive basis, to address criminal justice
reform in El Salvador, Guatemala, and Honduras by
strengthening the criminal justice chain as an interrelated
system and developing layered accountability mechanisms for
identifying points of corruption. The Secretary of State
shall consult with the Committees on Appropriations on the
design of this project.
Central America Youth Empowerment Program.--Pursuant to
subsection (a)(1)(C), the agreement includes funding to
establish a Central America Youth Empowerment Program (CAYEP)
in El Salvador, Honduras, and Guatemala with the goal of
improving economic and social stability to measurably reduce
migration. Not later than 90 days after enactment of the Act,
and prior to the initial obligation of funds for the CAYEP,
with the exception of the rapid diagnostic assessment
discussed below, the USAID Administrator shall submit to the
Committees on Appropriations a plan detailing the proposed
uses of funds, which shall be updated every 90 days until
such funds are expended. The plan shall include: (1) a
timeline for implementation of the program; (2) the target
participant populations, identified by age and community,
taking into consideration available migration information,
local NGO capacity, and other relevant factors; (3) types of
community service projects for the communities identified;
(4) program components that will foster a sense of community
and rootedness, including a shared skills development
curriculum, financial inclusion interventions and partnership
with local NGOs that have a presence in selected communities;
and (5) the operational design of the program, to include the
process of selecting, engaging, and sustaining partners and
participants, as well as a strategy to obtain matching funds
by private sector donors and local governments.
[[Page H3007]]
Funds for this program may be used to conduct a rapid
assessment in likely target communities to provide baseline
data regarding migratory trends among young people, local NGO
capacity, and community needs.
Costa Rica.--The agreement includes not less than prior
year enacted levels for assistance for Costa Rica.
Chixoy Reparations Plan.--The Government of Guatemala
should fulfill its commitment under the financing agreement
for the Chixoy Reparations Plan in a timely manner, and the
USAID Administrator shall brief the Committees on
Appropriations on progress not later than 60 days after
enactment of the Act.
Economic Growth and Foreign Investment.--Funds made
available by the Act for assistance for El Salvador,
Guatemala, and Honduras shall, as appropriate and in
accordance with the conditions of subsection (a)(2), be made
available for programs that: (1) increase productivity in
targeted economic sectors in which each country could be
regionally or globally competitive, consistent with U.S. law;
(2) reduce trade barriers regionally and with the United
States; (3) enhance infrastructure at key border crossings in
order to facilitate trade regionally and with the United
States; (4) provide technical assistance to promote economic
growth that is equitable and reaches all, including the most
marginalized, and attract foreign investment, including by
implementing legal, regulatory, and economic reforms; and (5)
provide technical assistance to increase the collection of
taxes.
Gender-Based Violence Prevention Programs.--The agreement
includes funds for programs to protect women and girls
against gender-based violence in Central America, including
in El Salvador, Guatemala, and Honduras. Prior to the
obligation of funds for such programs, the Secretary of State
shall consult with the Committees on Appropriations.
Honduras.--The agreement provides $95,000,000 under
Development Assistance for Honduras and, as part of the
Central America Regional Security Initiative, not less than
$30,000,000 under International Narcotics Control and Law
Enforcement (INCLE), in recognition of the positive initial
steps taken by the newly elected Government of Honduras to
confront the poverty, corruption, violence, abuse of
authority, and impunity that have plagued the Honduran people
for generations. INCLE funds should prioritize support for
community policing, anti-gang programs, judicial reform, and
investigations and prosecutions of violent criminals and
corrupt officials. Regional neighbors should urgently take
similar steps to address such deeply rooted problems.
Locally-led Development.--Funds made available to carry out
subsection (a)(1)(B) may be allocated regardless of the
directives in the report required by section 653(a) of the
FAA. Such funds may be attributed to any such specifically
designated funding level after the award of funds under
subsection (a)(1), if applicable. The USAID Administrator
shall consult with the Committees on Appropriations on the
planned uses of funds to carry out subsection (a)(1)(B) prior
to the initial obligation of funds, and such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations.
Nicaragua.--Subsection (d) provides not less than
$15,000,000 under Development Assistance for democracy
programs in Nicaragua, which includes funding above prior
year levels to support civil society, journalists, and other
activists promoting the transparency and accountability of
government institutions.
Administration of Funds.--The Secretary of the Treasury
shall ensure compliance with section 4 of the Reinforcing
Nicaragua's Adherence to Conditions for Electoral Reform Act
of 2021 (RENACER Act) when administering funds appropriated
for payments to applicable international financial
institutions under title V of the Act.
Reports.--The report required by section 4 of the RENACER
Act on the implementation of such section and the report
required by section 11 of such Act on human rights abuses in
Nicaragua shall also be submitted to the Committees on
Appropriations.
Spend Plans and Obligations.--Section 7062(b)(1)(A) of the
Act requires the Secretary of State or USAID Administrator,
as appropriate, to submit a spend plan for funds made
available by the Act for assistance for Central America.
Section 7045(a)(1)(D) of the Act limits obligations for
assistance for the countries of Central America to not more
than the amount specified in section 7045(a)(1) of division K
of Public Law 116-260 until the Secretary of State or the
USAID Administrator submits the spend plan for countries in
Central America.
Colombia.--Pursuant to subsection (b)(1), funds for
assistance for Colombia are allocated according to the
following table:
COLOMBIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance.................................. 80,000
Economic Support Fund................................... 141,000
Afro-Colombian and Indigenous Communities............. 23,000
Human Rights.......................................... 12,500
International Narcotics Control and Law Enforcement..... 189,000
Rule of Law and Human Rights.......................... 37,500
of which, Justice Sector Institutional Strengthening [19,500]
and Reform...........................................
Nonproliferation, Anti-terrorism, Demining and Related 21,000
Programs...............................................
International Military Education and Training........... 1,850
Foreign Military Financing Program...................... 38,525
Biodiversity.......................................... [15,000]
------------------------------------------------------------------------
Biodiversity Programs.--The agreement provides funding to
continue programs and activities to protect Colombia's
biodiversity in national parks, protected areas, and
Indigenous reserves.
Demobilized Combatants.--The agreement supports programs,
including humanitarian demining, to reintegrate demobilized
combatants into civilian pursuits, consistent with United
States and Colombian law. Funds for such programs may only be
made available following consultation with the Government of
Colombia.
Indigenous Coffee Producers.--The agreement provides not
less than $2,000,000 to support efforts to improve education,
digital connectivity, tertiary roads, and other community
improvements in Indigenous coffee producing municipalities,
to increase incomes and expand economic opportunities, which
should be matched with donations from non-U.S. Government
sources.
Cuba.--The Secretary of State shall update the Consular
Services Report and U.S. Government Personnel Report
contained under the Cuba heading in section 7035 of Senate
Report 116-126 in the manner described. The Secretary of
State shall also update the Internet Access Report required
under the Cuba heading in section 7045 in Senate Report 115-
282 in the manner described.
Haiti.--The Secretary of State and USAID Administrator
shall update the Committees on Appropriations on efforts to
improve the rule of law in Haiti, including border security,
and to support local civil society.
Haiti Prisons.--The agreement includes not less than
$5,000,000 to help meet the urgent sanitary, medical, and
nutritional needs of Haitian prisoners, the vast majority of
whom are in pre-trial detention. The Secretary of State shall
consult with the Committees on Appropriations on the planned
uses of funds.
Mexico.--The agreement includes funds sufficient to support
levels for assistance for Mexico commensurate with those
detailed under this section in the House report. The
agreement endorses the reporting directive under this section
in the House report concerning human rights. The agreement
endorses language in the House report under this section on
activities to address the flow of illegal opioids into the
United States.
Disappeared Persons and Forensic Assistance.--The
Government of Mexico should provide answers to the families
of an estimated 100,000 cases of disappeared persons and
identify the thousands of human remains that have been
recovered. The Department of State is encouraged to provide
forensic assistance to Mexico to help address the significant
backlog of cases.
The Caribbean.--Funds for certain assistance for the
Caribbean are allocated according to the following table:
THE CARIBBEAN
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Initiative Authority
------------------------------------------------------------------------
Development Assistance..................................
Inclusive Economic Growth............................. 10,000
Strengthening Disaster Resilience..................... 12,000
Economic Support Fund...................................
Caribbean Energy Initiative........................... 6,500
Caribbean Basin Security Initiative..................... 80,000
Economic Support Fund................................. 35,000
International Narcotics Control and Law Enforcement... 35,000
Foreign Military Financing Program.................... 10,000
------------------------------------------------------------------------
The agreement includes $10,000,000 under Development
Assistance to support initiatives aimed at promoting
inclusive economic growth in the Caribbean region, with a
primary focus on small grants that promote economic
opportunity for women, youth, and other disadvantaged
populations, as appropriate. The USAID Administrator shall
consult with the Committees on Appropriations on the design
of such programs and the proposed use of such funds not later
than 90 days after enactment of the Act.
Venezuela.--Subsection (f) provides not less than
$40,000,000 under Economic Support Fund for democracy
programs for Venezuela, and provides that funds under title
III of the Act and prior Acts shall be made available to
assist with the needs of Venezuelan migrants, subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
Western Hemisphere Private Sector Investment.--The
Department of State should continue to encourage governments
in Latin America and the Caribbean to adopt policies and laws
that are conducive to increasing private sector investment in
those regions.
Section 7046. Europe and Eurasia (modified)
Armenia.--The agreement includes not less than $45,000,000
for assistance for Armenia, including from funds made
available by the Act for the Countering Russian Influence
Fund.
Belarus.--The agreement includes not less than $30,000,000
for assistance for Belarus, which shall be made available to
promote human rights and to support civil society activists,
independent media, and political opposition forces to further
democratic transition in Belarus. Not less than $2,000,000 is
for democracy programs.
Civil Society and Independent Journalists.--The Department
of State, USAID, and NED shall continue supporting civil
society organizations and independent journalists in European
and Eurasian countries where media freedom is threatened,
including Poland, and where malign influence and aggression
poses a threat, including Latvia, Lithuania, and Estonia.
[[Page H3008]]
Conflict in the Caucasus.--Prior to the initial obligation
of funds appropriated under title IV of the Act for
assistance for Armenia and Azerbaijan, the Secretary of State
shall consult with the Committees on Appropriations on the
proposed uses of such funds.
Georgia.--In addition to the amounts designated in the
table under Foreign Military Financing Program in this
explanatory statement, the agreement includes not less than
the following amounts for assistance for Georgia: $88,025,000
under Assistance for Europe, Eurasia and Central Asia;
$5,700,000 under International Narcotics Control and Law
Enforcement; $1,100,000 under Nonproliferation, Anti-
terrorism, Demining and Related Programs; and $2,000,000
under International Military Education and Training.
Greenland.--Not later than 45 days after enactment of the
Act, the USAID Administrator, following consultation with the
Secretary of State, shall provide the Committees on
Appropriations with a description of proposed operations,
programs, and activities in Greenland in fiscal year 2022.
Hungary.--The agreement includes funding above the fiscal
year 2021 level for democracy programs for Hungary,
particularly to support independent media and civil society.
Section 7047. Countering Russian Influence and Aggression
(modified)
Countering Russian Influence Fund.--The agreement includes
not less than $295,000,000 for the Countering Russian
Influence Fund (CRIF), which is in addition to amounts made
available for bilateral assistance for countries in Europe,
Eurasia and Central Asia. Funds made available for the CRIF
from Assistance for Europe, Eurasia and Central Asia shall be
made available from supplemental funds appropriated for such
account. Funds are allocated according to the following
table:
COUNTERING RUSSIAN INFLUENCE FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia......... 90,000
International Narcotics Control and Law Enforcement..... 50,000
International Military Education and Training........... 5,000
Foreign Military Financing Program...................... 150,000
------------------------------------------------------------------------
Obligation and Expenditure Report.--Not later than 90 days
after the initial obligation of funds and every 90 days
thereafter until September 30, 2023, the Secretary of State
and USAID Administrator shall submit a consolidated report to
the Committees on Appropriations containing updated
information on obligations and expenditures of the CRIF on a
country and project basis.
Report on the Occupation of Georgia.--Not later than 90
days after enactment of the Act, the Secretary of State shall
update the report required by section 7070(c)(4) of division
J of Public Law 115-31.
Reports on the Russian Federation.--Not later than 45 days
after enactment of the Act, the Secretary of State shall
update the reports required by section 7071(b)(2), (c), and
(e) of division K of Public Law 113-76.
Section 7048. United Nations (modified)
Annual Report on Anti-Israel Bias at the United Nations.--
The Secretary of State, in consultation with the U.S.
Permanent Representative to the UN, shall report to the
Committees on Appropriations in the manner described under
Contributions to International Organizations in the House
report for the previous calendar year.
Annual Report on Arrears.--The Secretary of State shall
continue to submit the report on arrears required by section
7048(j) of division J of Public Law 115-31 for fiscal year
2022 except such report shall be on an annual basis.
Burden Sharing Report.--Not later than 90 days after
enactment of the Act, the Secretary of State, in consultation
with the U.S. Permanent Representative to the UN, shall
submit a report to the Committees on Appropriations detailing
efforts made during the prior calendar year to encourage
other governments to increase their contributions for
international peacekeeping activities, international
organizations, and other multilateral and bilateral
assistance programs, and the results of such efforts.
Michael Sharp and Zaida Catalan.--The Secretary of State
shall brief the Committees on Appropriations not later than
90 days after enactment of the Act, on efforts to work with
the Government of the DRC and the UN to thoroughly
investigate and bring to justice those responsible for the
deaths of Michael Sharp and Zaida Catalan.
United Nations Human Rights Council.--The Secretary of
State and the U.S. Permanent Representative to the UN shall
continue to publicly denounce, and work to reverse, the
continued and disproportionate focus of the UNHRC on Israel,
including the 2021 establishment of the unprecedented
Commission of Inquiry to investigate Israel, which
perpetuates the unfair singling out of Israel in the UN and
represents an unnecessary obstacle to the cause of peace. The
Secretary of State shall report to the Committees on
Appropriations not later than September 30, 2022, on the
resolutions considered in the UN Human Rights Council during
the previous 12 months, and on steps taken to remove Israel
as a permanent agenda item and to ensure integrity in the
election of members to such Council.
Section 7049. War Crimes Tribunals (unchanged)
Section 7050. Global Internet Freedom (modified)
The agreement includes not less than $77,500,000 for
programs to promote Internet freedom globally, of which
$27,000,000 is from funds appropriated under International
Broadcasting Operations for the OTF. Funds for such
activities are allocated according to the following table:
GLOBAL INTERNET FREEDOM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund................................... 27,000
Near East Regional Democracy.......................... [16,750]
Democracy Fund (Department of State).................... 14,000
Democracy Fund (USAID).................................. 3,500
Assistance for Europe, Eurasia and Central Asia......... 6,000
International Broadcasting Operations, Open Technology 27,000
Fund...................................................
------------------------------------------------------------------------
Internet Freedom Cost Matching.--Funds in the agreement
that are made available for Internet freedom programs should
be matched, to the maximum extent practicable, by sources
other than the U.S. Government, including from the private
sector.
Internet Freedom Spend Plan.--The OTF President, in
consultation with the USAGM CEO, shall submit a spend plan
for Internet freedom programs made available under
International Broadcasting Operations. Such plan shall
include all USAGM resources, including funds and employees
used to support digital programs on the Internet.
Section 7051. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (unchanged)
Section 7052. Aircraft Transfer, Coordination, and Use
(modified)
Section 7053. Parking Fines and Real Property Taxes Owed by
Foreign Governments (modified)
Section 7054. International Monetary Fund (unchanged)
Section 7055. Extradition (unchanged)
Section 7056. Assistance for Innocent Victims of Conflict
(new)
The agreement includes a new general provision to establish
the Marla Ruzicka Fund for Innocent Victims of Conflict, to
replace the Afghan Civilian Assistance Program and the Marla
Ruzicka Iraqi War Victims Fund, to provide assistance to
families and communities in Afghanistan, Iraq, Syria, and
Yemen who have suffered harm as a result of military
operations in which the United States has been directly or
indirectly involved. Such support should include
rehabilitation and mobility assistance, vocational training,
equipment to start a business, and funds to repair damaged
property.
Section 7057. United Nations Population Fund (unchanged)
Section 7058. Global Health Activities (modified)
Consultation and Report.--Funds made available by the Act
to support the collection and analysis of data on unknown
viruses and other pathogens, or to support a coordinating
mechanism for the sharing of data with other countries, may
only be made available following consultation with the
Committees on Appropriations.
Not later than 120 days after enactment of the Act, the
Secretary of State, following consultation with the USAID
Administrator and the heads of other relevant Federal
agencies and international institutions, including the WHO,
shall report to the Committees on Appropriations on efforts
to reassess and establish updated international norms, model
standards, and model review mechanisms, as appropriate, for
the oversight of the discovery and research of unknown
viruses and other pathogens of pandemic potential.
Family Planning/Reproductive Health.--The agreement
maintains prior year funding levels and policy related to
family planning/reproductive health. The agreement does not
endorse directives under certain House report headings:
Reproductive health and voluntary family planning; Research,
regarding contraception; and Women's reproductive healthcare
in El Salvador.
Global Health Security.--Global health security programming
should address the risks of zoonotic spillover posed by
greater human contact with wildlife driven, in large part, by
deforestation and wildlife degradation. Not later than 120
days after enactment of the Act, the USAID Administrator
shall submit a comprehensive, integrated plan to the
Committees on Appropriations for a minimum of eight countries
where cross sectoral programming in health, agriculture,
governance, and the environment is planned and how such
programs will be evaluated. Programs should involve
preventionat high-risk interfaces such asthe commercial trade
in live wild life and other animals and raw or unprocessed
wildlife parts and promote a risk management approach to
sustainable intensification of agriculture and protein
production.
Vaccines.--The agreement supports the use of funds made
available for global health security to accelerate
development, production, and equitable access to COVID-19
tests, treatments, and vaccines. Not later than 90 days after
enactment of the Act, the USAID Administrator shall submit a
report to the
[[Page H3009]]
Committees on Appropriations detailing such efforts using
funds provided in the Act, in prior Acts, and from other
sources. The report shall include a description of: (1) the
amount of funding allocated for global vaccine distribution
and delivery; (2) specific activities undertaken by USAID to
accelerate such development, production, and access; and (3)
performance metrics used to measure progress of such efforts.
The Administrator shall consult with the heads of other
relevant Federal agencies to maximize coordination on COVID-
19 vaccine distribution efforts.
Section 7059. Gender Equality and Women's Empowerment
(modified)
Section 7060. Sector Allocations (modified)
Basic Education.--The agreement includes $125,000,000 for
the Global Partnership for Education and $25,000,000 for
Education Cannot Wait. The USAID Administrator shall consult
with the Committees on Appropriations on such contributions
to ensure adequate monitoring, evaluation, effectiveness, and
sustainability of programs.
Basic Education Annual Report.--The annual report to
Congress on the United States strategy to promote basic
education, submitted pursuant to the Reinforcing Education
Accountability in Development Act (division A of Public Law
115-56), should include funding data disaggregated by
country, education level, and populations affected by crisis
and conflict.
International Food Security and Agriculture Report.--Not
later than 120 days after enactment of the Act, the USAID
Administrator, in consultation with the heads of other
relevant Federal agencies, shall submit a report to the
Committees on Appropriations on programs and initiatives
currently supported by the U.S. Government to address food
insecurity and advance agricultural reforms abroad, including
those conducted with multilateral organizations, and the
extent to which such programs and initiatives are capable of
responding to the growing levels of global food insecurity.
International Food Security Balances Report.--The agreement
directs the USAID Administrator to submit a report to the
Committees on Appropriations not later than 30 days after
enactment of the Act and every 90 days thereafter until
September 30, 2023, detailing the amount of funds obligated
and the unobligated balances for food security-related
activities administered by the Bureau for Humanitarian
Assistance. The USAID Administrator shall consult with the
Committees on Appropriations prior to the initial submission
of such report.
Land Grant Institutions.--USAID should continue supporting
the work of land grant institutions of higher learning and
continue partnering with such institutions with specialized
capability in agriculture research to assist developing
countries to improve food production.
Reconciliation Programs.--The agreement includes sufficient
funds to increase global people-to-people reconciliation
programs and provides funds under Economic Support Fund for
such activities involving Israelis and Palestinians under the
Middle East Partnership for Peace Act.
Section 7061. Environment Programs (modified)
Funds for certain bilateral environment programs are
allocated according to the following table:
ENVIRONMENT PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Andean Amazon........................................... 25,000
Brazilian Amazon........................................ 25,000
Central Africa Regional Program for the Environment..... 45,000
Endangered sea turtles.................................. 150
Great Apes.............................................. 45,000
Guatemala/Belize/Mexico................................. 7,500
Lacey Act............................................... 4,000
Plastic Impacted Marine Species......................... 1,000
Toxic Chemicals......................................... 9,000
United States Fish and Wildlife Service................. 6,500
Migratory bird conservation........................... [1,500]
United States Forest Service............................ 8,500
------------------------------------------------------------------------
Civil Society.--For the purposes of section 7061,
assistance should be provided to civil society organizations
working to protect the environment whose members have been
the target of government-sanctioned harassment, threats,
assassinations, and abuse of the judicial process.
Climate-Sensitive Health Risks.--USAID is encouraged to
support policies and programs to address the disproportionate
impact of pollution and environmental degradation on low-
income and minority communities, including Indigenous
communities.
Community-Based Resource Management.--Programs should
promote local buy-in for conservation efforts recognizing the
rights of local people to manage, or benefit directly or
indirectly, from wildlife and other natural resources in a
long-term, biologically sustainable manner.
Great Apes.--Of the funds provided to protect the habitat
of great apes in Central Africa and Indonesia, $8,500,000 is
included to be directly transferred to the U.S. Fish and
Wildlife Service and the agreement includes $5,500,000 for
USAID's orangutan conservation program.
Illegal, Unreported, and Unregulated (IUU) Fishing.--
USAID's Bureau for Development, Democracy, and Innovation and
Bureau for Resilience and Food Security are directed to work
together to address the fundamental system failures that
allow for IUU fishing to persist, jeopardizing economic,
environmental, and food security objectives, including
through new or expanded initiatives undertaken by the Bureau
for Resilience and Food Security.
Large Dams.--The agreement continues a provision carried in
prior Acts relating to IFI financing for large dams. The
agreement intends the criteria set forth in Senate Report
114-79 to also apply to any financing regarding the
construction of any large dam by the DFC.
Marine Partnerships.--The agreement supports efforts by
U.S. research institutions to partner with marine science
researchers in developing countries, to improve scientific
knowledge and management practices that support sustainably
managed marine fish and other resources.
Maya Biosphere Reserve.--The agreement includes funding for
tropical forest conservation in the Maya Biosphere Reserve,
of which not less than $2,500,000 shall be provided by direct
transfer to the Department of the Interior's (DOI)
International Technical Assistance Program to: (1) strengthen
environmental governance; (2) expand community-based
conservation initiatives; (3) protect archeological sites;
and (4) encourage sustainable economic opportunities
including in Belize and Mexico. The agreement does not
provide funding for logging or the construction of roads,
except for community forest concessions and temporary roads
in support of such concessions.
Migratory Birds.--The agreement provides funds to protect
the habitat of migratory birds along the Atlantic and Pacific
flyways by direct transfer to the U.S. Fish and Wildlife
Service, and funds to protect sea turtles by direct transfer
to the National Oceanic and Atmospheric Administration.
National Parks and Protected Areas.--The Department of
State and USAID shall follow the directives under this
heading in the House report regarding national parks and
protected areas and shall consult with the Committees on
Appropriations on the implementation of such directives.
Funds made available for the United States Forest Service
should support programs related to the restoration of forests
and landscapes of degraded ecosystems, the promotion of urban
forestry, youth engagement on natural resource management,
and watershed management in forests, grasslands, and arid
landscapes.
Ocean Plastic Pollution.--The agreement includes funds to
address ocean plastic pollution. Not later than 60 days after
enactment of the Act, the Secretary of State and USAID
Administrator shall consult with the Committees on
Appropriations on the planned uses of such funds, including
for bilateral programs, and the establishment of a
multilateral mechanism to address ocean plastic pollution.
Okavango Delta.--The Secretary of State and USAID
Administrator should engage with the Governments of Namibia
and Botswana to implement the Delta Act (Public Law 115-353),
including to ensure that any petroleum exploration does not
endanger the water, agricultural land, and other natural
resources that local inhabitants depend on, or elephants and
other endangered species, and shall consult with the
Committees on Appropriations on this issue not later than 45
days after enactment of the Act.
Funds made available by the Act to implement the Delta Act
should also focus on the headwaters of the Okavango Delta,
and should integrate humanitarian demining efforts, public-
private partnerships for conservation, prevention of wildlife
trafficking, and development of eco-tourism.
Partnership for Conservation.--Not later than 90 days after
enactment of the Act, the Secretary of State and USAID
Administrator shall jointly consult with the Committees on
Appropriations on the feasibility of a public-private, grant-
making entity to support the establishment and long-term
management of protected areas in developing countries,
including terrestrial, coastal and marine protected areas,
parks, community conservancies, Indigenous reserves,
conservation easements, and biological reserves, and to carry
out other effective area-based conservation measures.
Plastic Impacted Marine Species.--The agreement includes
funds to be administered pursuant to 16 U.S.C. 3701 for cost-
matching projects that protect marine species severely
impacted by marine plastic debris, and the USAID
Administrator shall consult with the Committees on
Appropriations prior to the obligation of such funds.
Toxic Chemicals.--The agreement includes funding to address
toxic chemical pollution in Africa, Asia, and Latin America,
of which not less than $3,000,000 is for programs to
measurably reduce public exposure to lead associated with the
unsafe disposal or recycling of batteries, contaminated
cookware, or other sources of lead exposure. Prior to the
initial obligation of funds, the USAID Administrator shall
consult with the Committees on Appropriations on a multi-year
strategy targeting such exposure and materials in severely
affected countries.
U.S. Fish and Wildlife Service, U.S. Forest Service,
National Oceanic and Atmospheric Administration, and the
Department of the Interior.--Funds provided by direct
transfer to USFWS, USFS, NOAA, and the DOI shall be
transferred expeditiously and in a manner that is consistent
with prior years. Prior to
[[Page H3010]]
the obligation and expenditure of funds USFWS, USFS, NOAA,
and DOI shall submit spend plans to the Committees on
Appropriations and USAID detailing the intended uses of such
funds. Prior to the submission of spend plans, such agencies
shall consult on the intended uses of funds with USAID, as
appropriate.
Wildlife Poaching and Trafficking.--Efforts are needed to
strengthen wildlife laws and law enforcement related to the
commercial trade in live wildlife for human consumption,
which fuels epidemics and pandemics of zoonotic origin, and
to address the increase in wildlife trafficking in Central
and South America. The agreement supports the directive in
the House report for a comprehensive security, governance,
and conservation strategy for Central America. The agreement
also supports funding for anti-poaching programs, including
cross-border cooperation for anti-poaching in the Honduras-
Guatemala-Mexico border forest region and the use of aircraft
for anti-poaching and protected area management activities,
pursuant to the authority provided in section 484(a)(2) of
the FAA.
Section 7062. Budget Documents (modified)
Multi-Year Availability.--The Secretary of State and the
USAID Administrator shall include in the annual CBJ a
detailed justification for multi-year availability for any
funds requested under Diplomatic Programs and Operating
Expenses.
Section 7063. Reorganization (modified)
Section 7064. Department of State Management (modified)
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022
directs the Attorney General to ensure implementation of
evidence-based training programs on de-escalation and the
use-of-force, as well as on police community relations, and
the protection of civil rights, that are broadly applicable
and scalable to all Federal law enforcement agencies. The
agreement further notes that several agencies funded by this
Act employ Federal law enforcement officers and are Federal
Law Enforcement Training Centers partner organizations. The
agreement directs such agencies to consult with the Attorney
General regarding the implementation of these programs for
their law enforcement officers. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations on their efforts relating to such
implementation no later than 180 days after consultation with
the Attorney General. In addition, the agreement directs such
agencies, to the extent that they are not already
participating, to consult with the Attorney General and the
Director of the FBI regarding participation in the National
Use-of-Force Data Collection. The agreement further directs
such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of
this Act, on their efforts to so participate.
Report on Compliance.--The report accompanying the
certification required in subsection (b)(1) shall include a
description of the criteria used by the Secretary of State to
certify that an office or bureau is capable of managing and
overseeing foreign assistance.
Report on Sole Source Awards.--Not later than 45 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing all sole
source awards made by the Department of State during the
prior fiscal year in excess of $2,000,000, which shall be
posted on the Department website.
Section 7065. United States Agency for International
Development Management (modified)
USAID Accountability Mechanism.--Not later than 90 days
after enactment of the Act, the USAID Administrator shall
submit an update to the report required under this heading in
the explanatory statement accompanying division K of Public
Law 116-260. Such report shall also include whether USAID's
accountability mechanism is operating consistent with
international best practices, including features such as: (1)
a compliance review function to ensure project adherence to
environmental, social, and other policies and standards; (2)
a dispute resolution function; (3) an advisory function to
report lessons learned; and (4) adequate staffing for the
mechanism.
Section 7066. Stabilization and Development in Regions
Impacted by Extremism and Conflict (modified)
Consolidated Report.--Not later than 45 days after
enactment of the Act, and every 90 days thereafter until
September 30, 2023, the Secretary of State and USAID
Administrator shall submit a consolidated report to the
Committees on Appropriations containing updated information
on obligations and expenditures of the Prevention and
Stabilization Fund on a country and program basis.
Consultation.--The Secretary of State shall consult with
the Committees on Appropriations prior to exercising the
transfer authority contained in subsection (a)(l).
Section 7067. Debt-for-Development (unchanged)
Section 7068. Enterprise Funds (unchanged)
Section 7069. Extension of Consular Fees and Related
Authorities (modified)
Consular Authorities.--The agreement includes a new
authority to shift passport application and execution fees
currently deposited in the General Fund of the Treasury to
the Department of State to support consular operations. This
authority is estimated to provide a minimum of $340,000,000
in additional resources for consular operations in fiscal
year 2022.
Section 7070. Organization of American States (new)
Inter-Parliamentary Engagement.--The agreement supports
programs, including establishment of a Parliamentary
Assembly, that enhance inter-parliamentary cooperation and
participation of elected legislators from OAS member states
in OAS activities.
Section 7071. Protective Services (modified)
Section 7072. Rescissions (modified)
The agreement rescinds $2,243,779,000, of which
$1,630,644,000 is from Afghanistan operations and assistance
programs that can no longer be used for such purposes. Of the
total, $855,644,000 is from unobligated Economic Support Fund
balances, $515,000,000 is from unobligated Millennium
Challenge Corporation balances, $105,000,000 is from
unobligated International Narcotics Control and Law
Enforcement balances, $70,000,000 is from unobligated Peace
Corps balances, $670,000,000 is from unobligated Embassy
Security, Construction, and Maintenance balances, and
$28,135,000 is from unobligated Global Security Contingency
Fund balances.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and rule XLIV of the Standing Rules of the
Senate, neither the bill nor the explanatory statement
contains any congressional earmarks or congressionally
directed spending items, limited tax benefits or limited
tariff benefits as defined in the applicable House and Senate
rules.
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DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
Congressional Directives
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-
99 carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein. In cases where the
House has directed the submission of a report, such report is
to be submitted to both the House and Senate Committees on
Appropriations. The Department of Transportation [DOT] and
the Department of Housing and Urban Development [HUD] are
directed to notify the House and Senate Committees on
Appropriations seven days prior to the announcement of a new
program, initiative, or authority. Any reprogramming requests
must be submitted to the Committees on Appropriations no
later than June 30, 2022.
For fiscal year 2022, the terms ``program, project, and
activity'' [PPA] shall mean any item for which a dollar
amount is contained in this act, House Report 117-99, or this
joint explanatory statement. The table in the operating plan
required by House Report 117-99 shall delineate the
appropriation and prior year enacted level both by object
class and by PPA, as detailed in this act, House Report 117-
99, and this joint explanatory statement, or in the budget
appendix for the respective appropriations, whichever is more
detailed, and shall apply to all items for which a dollar
amount is specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations. The
operating plan must also identify items of special
congressional interest.
CONGRESSIONAL BUDGET JUSTIFICATIONS
The agreement directs each agency to include within its
budget justification a report on all efforts made to address
the programmatic duplication identified by the annual
Government Accountability Office [GAO] reports along with
legal barriers preventing the agency's ability to further
reduce duplication and legislative recommendations, if
applicable.
TRANSPARENCY REQUIREMENT
Transparency in advertising.--The agreement directs the
Departments and agencies funded by this act to state within
the text, audio, or video used for new advertising purposes,
including advertising/posting on the Internet, that the
advertisements are printed, published, or produced and
disseminated at U.S. taxpayer expense, with exemptions for
safety or conflicts with the agency's ability to carry out
their statutory authority.
Stevens amendment.--The agreement reminds the Department
that has not submitted the report requested in fiscal year
2020 to submit the information on the feasibility of
complying with the Stevens amendment.
AUDIT STANDARDS
Agency audits.--For all contract actions (including awards,
renewals, and amendments) Departments and agencies provided
funding in this act shall require any accounting firm
providing financial auditing or audit remediation services to
provide a statement setting forth the details of any
disciplinary proceedings occurring within 1 year of the
projected performance period related to noncompliance with
rules or laws applying to audit services.
DATA ACT COMPLIANCE
Digital Accountability and Transparency Act [DATA Act]
compliance.--The agreement expects agencies to prioritize the
submission of timely, accurate, quality, and complete
financial and award information in accordance with
established management guidance, reporting processes, and
data standards established under the DATA Act (P.L. 113-101).
CYBERSECURITY
The agreement continues to support the ban in section 889
of Public Law 115-232 which prohibits government agencies
from buying certain telecommunications and video surveillance
services or equipment.
Federally Funded Research
The agreement urges DOT and HUD to affirmatively determine,
justified in writing, and made available on a publicly
accessible website, that research grants or agreements
promote the progress of science in the United States or will
advance a national security or economic interest.
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The bill provides $141,500,000 for the salaries and
expenses of the Office of the Secretary [OST].
The agreement directs the Department to abide by both the
will and intent of Congress in all funding and policy
decisions, and to consult with the House and Senate
Committees on Appropriations prior to issuing all notices of
funding opportunities [NOFOs].
Regulations.--The agreement recommends that the Department
identify opportunities to eliminate unnecessary regulations
and streamline burdensome regulations to ensure the
Department is a good steward of limited taxpayer resources
and produces physical infrastructure that supports long-term
economic growth. Further, the Department should identify
areas where more autonomy can be given to local jurisdictions
with a better understanding of needs and challenges in
building and maintaining infrastructure.
In-flight sexual misconduct task force.--The agreement
directs the Secretary to implement the recommendations of the
aviation consumer protection advisory committee that were
adopted at the committee's September 24, 2020, meeting and
outlined in a letter to the Secretary dated December 31,
2020. The Department should provide any briefings upon
request on implementation of the recommendations and timing
of subsequent rulemaking(s).
Transportation accessibility.--Section 13010 of the
Infrastructure Investment and Jobs Act [IIJA] requires the
Secretary to establish a transportation access pilot program;
therefore, the agreement does not include the direction in
House Report 117-99. The agreement instead directs the
Department to brief the House and Senate Committees on
Appropriations on its implementation plans for section 13010
no later than 90 days after the enactment of this act.
Infrastructure coordinator.--The agreement directs the
Office of International Transportation and Trade within OST
to work with the General Services Administration, the
Department of Homeland Security, and other relevant agencies
to facilitate more efficient development of infrastructure
projects on the southern border with Mexico and the northern
border with Canada.
Nationally significant freight and highway [INFRA]
projects.--The agreement notes the concerns raised in the GAO
report [GAO-18-38] relating to the Department's selection
process for INFRA grants, including recommendations on
notifying unsuccessful applicants. Therefore, the agreement
directs DOT, within 60 days of announcing fiscal year 2022
INFRA awards, to offer briefings to all applicants that did
not receive an award in order to explain the factors that
negatively impacted the application and make recommendations
for improving the application for future grant rounds.
Further, within 60 days of announcing grant awards, the
Department is directed to publish on its website a list of
all fiscal year 2022 applications received along with the
names of the applicant organizations and funding amounts
requested.
Freight.--The agreement continues to recognize the need to
improve freight mobility through all modes of transportation.
Marine highways are an important tool to improve the
efficiency of transportation in many states, and the
Department should support projects that improve marine
highways as well as our nation's inland waterways. The
agreement reminds the Department to provide the report
required in fiscal year 2021 regarding potential options for
modifying existing transportation programs to allow
improvements to inland waterways, which the Department should
submit to the House and Senate Committees on Appropriations,
the House Committee on Transportation and Infrastructure, and
the Senate Committee on Commerce, Science, and Transportation
within 30 days of enactment of this act.
RESEARCH AND TECHNOLOGY
The bill provides $51,363,000 for research and technology,
of which $42,718,000 shall remain available until expended.
The agreement supports the research initiatives proposed in
the budget request unless expressly addressed to the contrary
under this heading.
Highly automated systems safety center of excellence [HASS
COE]--The agreement provides $5,000,000 for the HASS COE
established by section 105 of title I of division H of Public
Law 116-94.
Bridge clearinghouse.--The agreement provides $5,000,000
for an accelerated bridge technologies clearinghouse as
directed and enumerated in House Report 117-99.
Position navigation and timing [PNT] technologies and
global positioning system [GPS] backup.--The agreement does
not include the direction on PNT technologies in House Report
117-99. The agreement supports the findings in the
Department's January 2021 ``Complementary PNT and GPS Backup
Technologies Demonstration Report [DOT-VNTSC-20-07]'', which
found that ``the best strategy for achieving resilient PNT
service is to pursue multiple technologies to promote
diversity in the PNT functions that support transportation
and other critical infrastructure sectors.'' The agreement
provides $15,000,000 to establish a program that leads to
wide adoption of multiple technologies that provides the
necessary GPS backup and complementary PNT as identified by
the Department's report. Funding will enable, among other
things, the development of safety-critical PNT requirements
and standards, vulnerability and performance testing,
certification protocols for safety-critical functions, the
procurement of services as deemed appropriate by the
Department, and user adoption models in order to facilitate
the responsible use of resilient PNT services to meet Federal
requirements for widespread adoption. The agreement expects
the Department to report its findings and recommendations
enabling GPS backup to the House and Senate Committees on
Appropriations within one year of enactment of this act.
[[Page H3029]]
In addition, the agreement provides $7,000,000 for DOT to
engage in global navigation satellite systems performance
monitoring and interference detection capability and to
implement executive order 13905 and GPS signal
authentication.
Transportation research board [TRB] reports.--The agreement
does not include direction relating to the TRB under this
heading in House Report 117-99. Instead, the agreement
provides $1,500,000 for the Secretary to enter into an
agreement with the National Academy of Sciences, Engineering,
and Medicine to conduct a study through the TRB to identify,
assess, and develop metrics for measuring the effectiveness
of surface transportation projects in addressing the
transportation challenges and barriers faced by historically
disadvantaged communities, areas of persistent poverty, and
public transportation-dependent populations. The study shall:
(1) identify and analyze existing data and metrics to
establish a baseline of currently available means for
assessing and measuring outcomes for surface transportation
projects; (2) identify opportunities to improve data, the use
of such data to improve metrics, and how such metrics could
be applied to make more informed decisions in the planning
process for surface transportation projects; and (3) consider
new and innovative sources of data, analytic methods, and
modeling for using such data and metrics in the
transportation planning and decision-making process. The
study shall include data and metrics related to improving
access to housing, employment, health care, education, and
essential services, and increasing safety.
University transportation centers [UTCs].--The agreement
does not include the specific set-asides for funding as
provided in House Report 117-99. The agreement continues to
support UTCs, and notes that the Infrastructure Investment
and Jobs Act provides a total of $99,000,000 for fiscal year
2022 for the UTC program and that the Department is required
to complete a competition for UTCs no later than November 15,
2022. The agreement directs the Department to initiate and
complete this competition as soon as practicable to continue
the important and valuable work of these university research
partnerships in order to help foster the next generation of
transportation professionals. Further, the Department should
ensure that historically black colleges and universities have
an opportunity to apply for this funding.
Coordination of DOT research.--The agreement encourages the
Office of the Assistant Secretary for Research and Technology
to work collaboratively and in coordination with the impacted
modes across the Department to prevent duplication and ensure
Federal research investments are optimized.
Other transaction agreement [OTA].--The Department shall
develop clear and comprehensive policies to improve the
management of OTA authority, including a justification for
the use of the authority, the designation of officials with
the authority to execute such agreements, clear conflict of
interest certifications, an assessment of price
reasonableness, and limitations on the amount of funds that
can be utilized for such purposes within one year of the date
of enactment of this act.
Small business innovation research [SBIR].--The agreement
directs the Department to place an increased focus on making
SBIR awards to firms with fewer than 50 people.
Resilient infrastructure.--The agreement directs the
Department to expand its technical assistance and trainings
to help state DOTs, local governments, and Tribal governments
develop reliable indicators of vulnerability and actionable
mitigation measures in all phases of transportation planning,
asset management, project-specific planning and development,
and operations toward improving resiliency and reducing
lifecycle costs. The Department is directed to prioritize
research and demonstrations of new and proven technologies
that could make our infrastructure systems more resilient and
to share such technologies with other state and Federal
partners as appropriate.
Connected vehicle pilot deployment program.--The agreement
notes that the connected vehicle pilot deployment program is
expected to be fully completed in July 2022, and directs the
Department to provide results and findings from the pilot
program no later than December 1, 2022, to the House and
Senate Committees on Appropriations. Further, the Department
should notify the House and Senate Committees on
Appropriations of additional funding needs for this program.
NATIONAL INFRASTRUCTURE INVESTMENTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $775,000,000 for local and regional
project assistance grants as authorized under 49 U.S.C. 6702,
to remain available until expended. Of this amount, not less
than $20,000,000 is for projects in historically
disadvantaged communities or areas of persistent poverty and
not less than five percent is for planning grants. Consistent
with 49 U.S.C. 6702, not more than 50 percent of the funding
shall be allocated to projects in rural and urbanized areas,
respectively, and the Secretary may increase the Federal
cost-share above 80 percent for projects in rural areas,
historically disadvantaged communities, or areas of
persistent poverty. The agreement does not include the
direction under this heading in House Report 117-99. Instead,
the bill directs the Secretary to take such measures to
ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of rural and
urban communities, including Tribal areas, and the investment
in a variety of transportation modes. Further, the bill
requires the Secretary to consider and award projects solely
based upon the selection criteria in 49 U.S.C. 6702(d)(3) and
(d)(4). The agreement reiterates to the Department and
potential applicants that this competitive grant program
supports a broad variety of transportation projects,
including highway, bridge, or road projects; public
transportation projects; passenger and freight rail projects,
including high speed passenger rail; port infrastructure
improvement projects; intermodal projects, including
commercial, transit, and intermodal parking garages; bicycle
and pedestrian projects; multimodal infrastructure projects;
and infrastructure reuse projects. The agreement also reminds
the Department that projects that alleviate blocked highway-
rail grade crossings are eligible for funding under this
heading.
THRIVING COMMUNITIES INITIATIVE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $25,000,000 for a thriving communities
program, to remain available until September 30, 2024.
The agreement directs the Department of Transportation to
assist communities in a variety of geographic areas,
including urban and rural communities. In addition, the
agreement provides the Department of Housing and Urban
Development up to $5,000,000 under the heading ``Policy
Development and Research'' for an interagency collaborative
initiative to ensure housing and infrastructure development
are taken into consideration in the administration of the
thriving communities program.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
The bill provides $3,800,000 for the National Surface
Transportation and Innovative Finance Bureau, to remain
available until expended.
Financing for transportation oriented development [TOD].--
The agreement recognizes the potential of TOD to facilitate
economic development, the construction of affordable housing,
and more livable and healthier communities within walking
distance of, or accessible to, public transit.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The bill authorizes the Secretary to issue direct loans and
loan guarantees pursuant to chapter 224 of title 49, United
States Code.
FINANCIAL MANAGEMENT CAPITAL
The bill provides $5,000,000 for the financial management
capital program, to remain available until September 30,
2023.
The agreement provides funding to continue DATA Act
compliance, full implementation of G-invoicing data
standardization initiatives, as well as analytical tools to
support the monitoring of risks, funds status, and flow of
funds to program recipients.
CYBER SECURITY INITIATIVES
The bill provides $39,400,000 for departmental cyber
security initiatives, to remain available until September 30,
2023.
OFFICE OF CIVIL RIGHTS
The bill provides $11,564,000 for the Office of Civil
Rights.
The agreement specifies that amounts provided above fiscal
year 2021 be used to fill approved positions and contracts in
order to: (1) collect, maintain, and perform trend analysis
to tabulate disadvantaged business analysis, participation
requirements, and certifications; (2) enhance educational and
training materials for individuals with limited English
proficiency; and (3) maximize awareness of accessible and
equitable transportation services.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $29,863,000 for planning, research, and
development activities, to remain available until expended.
Of this amount, $2,000,000 is for the interagency
infrastructure permitting improvement center and $7,066,000
is for the purposes and amounts specified in the table
entitled ``Community Project Funding/Congressionally Directed
Spending'' included in this joint explanatory statement.
The agreement directs the OST to provide funding for
projects listed in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in this
joint explanatory statement in the corresponding amounts.
Further, the agreement directs that the specific funding
allocated in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in this joint
explanatory statement shall not diminish or prejudice any
application or geographic region to receive other
discretionary grants or loans.
Non-traditional and emerging transportation technology
[NETT] council.--The agreement directs DOT to conduct
research to better understand the safety, interoperability,
cybersecurity, privacy, and regulatory needs of non-
traditional and emerging transportation technologies and
projects. The agreement does not include funding provided in
House Report 117-99, and instead, directs the Department to
use available prior year funding provided to assist the NETT
council for such activities.
Autonomous vehicle research in rural communities.--The
agreement provides $10,000,000 for an accredited university
of higher education, or consortia thereof, to conduct
research and to work with rural communities
[[Page H3030]]
to address the additional challenges, including weather
variables and differing types of roadways, of bringing the
benefits of autonomous vehicles, including freight and
delivery vehicles, to rural Americans.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The bill limits expenditures for working capital fund
activities to $419,173,000.
The limitation allows the Department to complete the
migration of commodity information technology [IT] to the
working capital fund, and, if needed, the migration of
personnel associated with commodity IT. Permission to expand
activities to human capital and non-commodity IT activities
is denied. The bill specifies that this limitation shall not
apply to funds provided in Public Law 117-58; however, such
exception shall only be exercised in support of traditional
working capital fund activities and commodity IT activities
unless otherwise explicitly approved by the House and Senate
Committees on Appropriations.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
The bill provides $4,977,000 for small and disadvantaged
business utilization and outreach, to remain available until
September 30, 2023.
Disadvantaged business enterprise [DBE] definition.--
Section 11101(e) of the IIJA increases the revenue cap
applied to DBEs in the definitions used for DOT programs;
therefore, the agreement does not include the direction in
House Report 117-99.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The act provides $350,000,000 for payments to air carriers,
to remain available until expended, and waives certain
eligibility requirements. The Department is directed to
provide the House and Senate Committees on Appropriations
quarterly briefings on overflight fee collections and program
costs to ensure continued success of the Essential Air
Service program.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101 prohibits funds available to the Department of
Transportation from being obligated for the Office of the
Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to
the operating administrations, except for activities underway
on the date of enactment of this act, unless such assessments
or agreements have completed the normal reprogramming process
for congressional notification.
Section 102 requires the Secretary of Transportation to
post on the Internet a schedule of all council on credit and
finance meetings, agendas, and meeting minutes.
Section 103 allows the Department of Transportation's
working capital fund to provide payments in advance to
vendors for the Federal transit pass fringe benefit program,
and to provide full or partial payments to, and to accept
reimbursements from, Federal agencies for transit benefit
distribution services.
Section 104 allows the Department of Transportation's
working capital fund to use certain recoveries from the
transit benefit program to improve the administration of that
program.
Section 105 extends the liquidation of valid obligations
for one fiscal year for amounts made available for the
national infrastructure investments program in Public Law
113-235.
Section 106 requires approval from the Assistant Secretary
for Administration for retention or senior executive bonuses
for all DOT employees.
Section 107 requires the Department of Transportation's
working capital fund to transfer equipment into the working
capital fund and collect replacement reserve for the
equipment equal to the useful life and estimated replacement
cost of such equipment.
Section 108 requires congressional notification before the
Department of Transportation provides credit assistance under
the transportation infrastructure finance and innovation act
[TIFIA] program.
Section 109 allows for the repayment of credit risk
premiums of the railroad rehabilitation and improvement
financing [RRIF] program to eligible loans in cohort 3.
Section 109A makes modifications to 49 U.S.C. 312(a).
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $11,414,100,000 for the operations
of the Federal Aviation Administration [FAA], to remain
available until September 30, 2023. Of the total amount
provided, $6,414,100,000 is to be derived from the airport
and airway trust fund. The act distributes funds by budget
activity, but the FAA is directed to update the House and
Senate Committees on Appropriations immediately if resources
are insufficient to operate a safe and effective air traffic
control system. The FAA is further directed to include in its
fiscal year 2022 operating plan and fiscal year 2023 budget
request any carryover and how it plans to use these
unobligated balances.
Advanced air mobility [AAM].--The agreement recognizes and
supports the FAA's ongoing work on AAM, including the
agency's work on aircraft certification, air traffic
operations, landing site approval, infrastructure, and flight
standards requirements.
Air traffic control privatization.--The agreement does not
support any efforts to transfer the FAA's air traffic
functions to a not-for-profit, independent, private
corporation.
Aircraft certification.--The agreement includes not less
than $292,722,000 for aircraft certification service.
Authorization acts.--The agreement directs the FAA to brief
the House and Senate Committees on Appropriations on the
status of implementation of the mandates in the FAA
Reauthorization Act of 2018 (P.L. 115-254) on a semi-annual
basis and in the Aircraft Certification, Safety, and
Accountability Act [ACSAA] (P.L. 116-260) on a quarterly
basis. The FAA is also directed to provide all reports and
briefings that are mandated by ACSAA to be provided to the
House and Senate Committees on Appropriations.
Commercial space operational staffing and support.--The
agreement expects the FAA to continue to increase staffing
levels in the Office of Commercial Space Transportation.
Community engagement and noise.--The agreement provides not
less than $8,000,000 under this heading to support regular
engagement with communities affected by aviation noise,
including technical and analytical support for communities
that may not have such expertise. Not less than 90 days after
the date of enactment of this act, the FAA shall also provide
the House and Senate Committees on Appropriations with a
timeline for implementation of the new tools and systems
related to noise in the budget request. The FAA's
comprehensive review of its noise policy is also expected to
focus on day-night level [DNL] standards and to be inclusive
of all relevant stakeholders, including, but not limited to,
communities near airports, other Federal departments and
agencies, and airports.
Contract towers.--The agreement provides not less than
$178,000,000 for the contract tower program, and directs the
FAA to continue to operate all contract towers currently in
the program and expeditiously add qualified eligible
airports. The FAA should address all open recommendations in
the Office of Inspector General report (AV202135) on contract
tower staffing and notify the House and Senate Committees on
Appropriations of any challenges receiving relevant staffing
data from the contractors. The agreement also directs the FAA
to provide flexibility to contract towers at small-hub
airports with unique terrain and winter weather challenges to
include a minimum of two controllers during all regularly
scheduled commercial flights, where permissible under current
law.
Contracting.--The agreement urges the FAA to close all open
recommendations from the Office of Inspector General report
on the FAA's competitive award practices for its major
program contracts (ZA2020020) by June 30, 2022. The agreement
also directs the FAA to brief the House and Senate Committees
on Appropriations on any open recommendations from the Office
of Inspector General report on Other Transaction Agreements
(ZA2017098).
Cybersecurity.--The agreement includes no less than
$38,000,000 for cybersecurity and directs the FAA to
regularly update the House and Senate Committees on
Appropriations on the prevalence and trends of any major
cybersecurity compromises or incidents.
Dynamic regulatory system [DRS].--The agreement supports
DRS and directs the FAA to include the appropriate resources
to improve the system in the budget.
FAA organization charts.--The agreement directs the FAA to
submit to the House and Senate Committees on Appropriations
accurate and comprehensive organizational charts of each
service, division, and office not later than June 1, 2022.
FAA public hearing.--The agreement notes that the recent
proposal to modify the Condor 1 and Condor 2 military
operating areas has been withdrawn. However, the agreement
remains concerned with any potential proposals to modify
these military operating areas and encourages the FAA to work
with its partner agencies by holding a public hearing with
representatives from the relevant Federal agencies in western
Maine if any such proposal is issued. Should any similar
proposal be issued, the agreement directs the FAA to report
to the House and Senate Committees on Appropriations prior to
the issuance of a record of decision regarding any
modification of the Condor 1 and Condor 2 military operations
areas that includes a summary of any public meeting and
hearing and a list of the comments, questions, and responses
presented at these meetings and hearings.
Global environmental standards for supersonic aircraft.--
The agreement urges the FAA to continue its efforts to
develop global environmental standards for supersonic
aircraft by working through the International Civil Aviation
Organization's Committee on Aviation Environmental
Protection. The FAA should develop these standards while also
addressing challenges with noise, environmental and climate
impacts, and data limitations.
Helicopter safety National Transportation Safety Board
[NTSB] recommendations.--The agreement directs the FAA to
submit the reports on terrain awareness and warning systems,
as well as the status update on NTSB recommendations A-06-
017, A-06-18, and A-06-019, as required by the Consolidated
Appropriations Act, 2021.
Infill radar.--The agreement supports the FAA's efforts to
certify infill radar and other strategies to mitigate wind
turbine interference for the FAA and the Department of
Defense [DoD], and directs the FAA to provide a briefing to
the House and Senate Committees on Appropriations on these
efforts
[[Page H3031]]
once the wind turbine-radar interference mitigation working
group has completed an appropriate level of review and
assessment.
International presence.--The agreement recognizes the
importance of the FAA's aviation safety global leadership and
collaboration with foreign civil aviation authorities,
particularly for certification, validation, and safety
oversight activities.
Landing strips.--The agreement directs the FAA to assist
Federal land managers, including but not limited to the
Bureau of Land Management, United States Forest Service, and
National Park Service, in charting airstrips located on
Federal lands that are and may be useful for administrative,
recreational, and emergency purposes.
NextGen Advisory Committee [NAC].--The FAA is expected to
continue working with the NAC's joint analysis team to
develop and quantify the efficiency, emissions, safety, and
passenger travel time benefits resulting from NextGen
programs. The agreement also encourages the FAA to implement
NAC recommendations and directs the FAA to provide an annual
update on the status of NAC recommendations to the House and
Senate Committees on Appropriations.
Performance based navigation [PBN].--The FAA should seek
input from carriers to better understand the projected
evolution of airline fleets, as well as the projected changes
to hub operations, focus cities, and any other operational
changes that could impact and inform how the FAA will further
deploy PBN and other investments. The FAA is directed to
provide an update to the House and Senate Committees on
Appropriations on these issues no later than 180 days after
enactment of this act.
Safety management system [SMS].--The agreement continues to
direct the FAA to prioritize issuing a rulemaking requiring
design and production approval holders for aviation products
to establish a SMS, as required by section 102 of the
Aircraft Certification, Safety, and Accountability Act.
Small unmanned aircraft system [UAS] procurement.--For any
acquisition of small UAS using funds provided by the FAA,
including those to Federal grant recipients, the FAA should
require certification of review of the Department of Homeland
Security [DHS] industry alert, and any subsequent and
relevant UAS guidance, and completion of a risk assessment
that considers the proposed use of the foreign-made UAS. The
agreement directs the FAA to regularly brief the House and
Senate Committees on Appropriations, on an as needed basis,
on any security risks or challenges identified by either
agency from any small UAS or UAS components.
Special use airspace.--The agreement directs the FAA to
evaluate the benefits of airspace sharing by continuing to
work with DOD through a federally-funded research and
development center with expertise in national security,
aviation operations, and systems development. This work
should be conducted in parallel with all ongoing and future
initiatives regarding airspace sharing. The Committee directs
the FAA to brief the House and Senate Committees on
Appropriations on the agency's progress on this effort within
90 days of enactment of this act.
Training.--The agreement supports the FAA's efforts to
improve the training provided to the air traffic controller
workforce, NAS technicians, and safety specialists. The FAA
should procure training development and curriculum storage
tools that can be deployed enterprise-wide and also provide
personalized Web-based instruction to trainees. The FAA
should also increase the use of innovative technologies, such
as virtual reality, augmented reality, advanced simulation,
artificial intelligence, and remote technical training
opportunities, as appropriate.
Unmanned aircraft systems.--The FAA should use up to
$173,000,000 for UAS activities from all FAA appropriations
accounts in this bill.
The agreement directs FAA to finalize the UAS beyond visual
line of sight [BVLOS] rulemaking by September 2023.
The agreement directs the FAA to report to the House and
Senate Committees on Appropriations within 180 days of
enactment of this act on potential solutions to expand the
use of part 135 operations of UAS deliveries, and whether
these operations could be conducted through the low altitude
authorization and notification capability program or the
unmanned aircraft systems traffic management as the best way
to ensure safe operations.
The agreement directs the FAA to provide a report to the
House and Senate Committees on Appropriations within 90 days
of enactment of this act on the agency's efforts to engage
with public safety stakeholders on part 107 waivers.
The agreement directs the FAA to address concerns with
approvals of UAS BVLOS operations under 400 feet above ground
level and implement an appropriate target level of safety for
UAS operations through consideration of the recommendations
of the aviation rulemaking committee [ARC].
The agreement directs the FAA to brief the House and Senate
Committees on Appropriations on any impediments to issuing
the UAS type certificates and how the FAA intends to resolve
such impediments, without impeding safety.
The agreement urges the FAA to work through the ARC to look
at public tolerance for risk in relation to UAS operations in
sparsely populated areas, and to propose safety objectives
related to ground and air risk. The FAA should also continue
to integrate routine BVLOS operations into the national
airspace in a safe manner.
The agreement directs the FAA to complete the requirements
of section 376 of the FAA Reauthorization Act of 2018. The
FAA should work through the BVLOS ARC to help define how the
UAS traffic management network can support future operations,
and should consider solutions for UAS integration programs
that are compliant with industry consensus standards.
The agreement continues to include up to $1,000,000 for the
existing ``Know Before You Fly'' initiative.
To ensure the protection of wildlife and conservation
areas, the FAA shall assist state, local, Tribal, and
territorial governments that are interested in applying land
use restrictions to recreational drones with the request
process for adding such restrictions to the B4UFLY mobile
app.
The agreement includes $6,000,000 for matching funds to
commercial entities that contract with an FAA designated UAS
test site and directs the FAA to brief the House and Senate
Committees on Appropriations within 270 days of enactment of
this act on: (1) the number of waivers issued pursuant to 49
U.S.C. 44803(c); (2) the formalized process developed for
waiver approval; and (3) efforts to communicate the
availability of this waiver to use at the UAS test sites to
support the FAA and UAS industry.
Unfinished rulemakings.--The agreement directs the FAA to
report on unfinished rulemakings related to secondary cockpit
barriers, the safety of foreign repair stations, and flight
attendant rest requirements 30 days after enactment of this
act.
Veterans' pilot training program.--The agreement supports
FAA's use of cooperative agreements for the veterans' pilot
training program. The FAA should use $1,000,000 from the
Office of NextGen for this purpose, in addition to any
remaining funds from previous fiscal years from the Office of
NextGen. The FAA should work with schools that are accredited
by the Department of Education and which hold a restricted
airline transport pilot letter of authorization. The FAA is
directed to provide the House and Senate Committees on
Appropriations an assessment of this program, and any
recommendations on how to provide effective pilot training to
veterans.
Workforce diversity.--Of the amount provided for staff
offices, the agreement includes not less than $4,000,000, but
not more than $7,500,000, for the minority serving
institutions internship program, which the FAA should
continue to grow and manage in a cost-effective manner. The
agreement urges FAA to incorporate virtual or in-person tours
of FAA facilities, develop targeted training focused on
careers in aviation, and develop a pipeline of entry-level,
diverse, and highly qualified talent.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $2,892,887,500 for facilities and
equipment. Of the total amount available, $550,000,000 is for
personnel and related expenses and available until September
30, 2023; $1,980,722,500 is available until September 30,
2024; and $362,165,000 is for terminal facilities and
available until September 30, 2026. The FAA is expected to
make sound investment decisions and report to the House and
Senate Committees on Appropriations on any major cost
overruns or delays.
The table below provides allocations of funds for FAA
facilities and equipment from the IIJA for fiscal year 2022,
which are subject to section 405 of this act:
ALLOCATION OF FUNDS FOR FAA FACILITIES AND EQUIPMENT FROM THE
INFRASTRUCTURE INVESTMENT AND JOBS ACT--FISCAL YEAR 2022
------------------------------------------------------------------------
------------------------------------------------------------------------
Activity 2--Air Traffic Control Facilities and
Equipment
Air Route Traffic Control Center [ARTCC] & Combined $233,600,000
Control Facility [CCF] Building Improvements........
Air Traffic Control En Route Radar Facilities 78,900,000
Improvements........................................
Activity 3--Non-Air Traffic Control Facilities and
Equipment...........................................
Terminal Air Traffic Control Facilities--Replace..... 10,000,000
Air Traffic Control Tower [ATCT]/Terminal Radar 81,500,000
Approach Control [TRACON] Facilities--Improve.......
Unstaffed Infrastructure Sustainment................. 199,900,000
Electrical Power Systems--Sustain/Support............ 295,000,000
Activity 4--Facilities and Equipment Mission Support.
Hazardous Materials Management....................... 58,800,000
Facility Security Risk Management.................... 18,300,000
Activity 5--Personnel and Related Expenses........... 24,000,000
------------------
Total, IIJA...................................... 1,000,000,000
------------------------------------------------------------------------
The table below provides details by activity for FAA
facilities and equipment from funds made available under this
heading in this act:
------------------------------------------------------------------------
Facilities and Equipment Agreement
------------------------------------------------------------------------
Activity 1--Engineering, Development, Test and
Evaluation
Advanced Technology Development and Prototyping.... $24,000,000
William J. Hughes Technical Center Laboratory 16,900,000
Sustainment.......................................
William J. Hughes Technical Center Infrastructure 10,701,000
Sustainment.........................................
NextGen--Separation Management Portfolio........... 20,500,000
NextGen--Traffic Flow Management Portfolio......... 13,000,000
NextGen--On Demand NAS Portfolio................... 9,000,000
NextGen--NAS Infrastructure Portfolio.............. 10,500,000
NextGen Support Portfolio.......................... 5,000,000
NextGen--Unmanned Aircraft Systems [UAS]........... 15,500,000
NextGen--Enterprise, Concept Development, Human 10,600,000
Factors, & Demonstrations Portfolio...............
------------------
Total Activity 1............................. 135,701,000
Activity 2--Air Traffic Control Facilities and
Equipment
a. En Route Programs
En Route Automation Modernization [ERAM]--System 104,450,000
Enhancements and Technology Refresh...............
Next Generation Weather Radar [NEXRAD]............. 3,900,000
Air Route Traffic Control Center [ARTCC] & Combined 38,000,000
Control Facility [CCF] Building Improvements......
[[Page H3032]]
Air/Ground Communications Infrastructure........... 7,815,000
Air Traffic Control En Route Radar Facilities 3,000,000
Improvements......................................
Oceanic Automation System.......................... 10,400,000
Next Generation Very High Frequency Air/Ground 46,000,000
Communications [NEXCOM]...........................
System-Wide Information Management................. 33,973,000
ADS-B NAS Wide Implementation...................... 155,133,000
Windshear Detection Service........................ 3,000,000
Air Traffic Management Implementation Portfolio.... 10,000,000
Time Based Flow Management Portfolio............... 20,000,000
NextGen Weather Processor.......................... 48,200,000
Airborne Collision Avoidance System X [ACAS-X]..... 500,000
Data Communications in Support of NextGen Air 110,300,000
Transportation System.............................
Offshore Automation................................ 10,000,000
Reduced Oceanic Separation......................... 12,000,000
En Route Service Improvements...................... 2,000,000
Commercial Space Integration....................... 6,500,000
------------------
Subtotal En Route Programs....................... 625,171,000
b. Terminal Programs
Terminal Doppler Weather Radar [TDWR]--Provide..... 1,000,000
Standard Terminal Automation Replacement System 63,697,000
[STARS] [TAMR Phase 1]............................
Terminal Automation Program........................ 3,000,000
Terminal Air Traffic Control Facilities--Replace... 331,165,000
Air Traffic Control Tower [ATCT]/Terminal Radar 31,000,000
Approach Control [TRACON] Facilities--Improve.....
NAS Facilities OSHA and Environmental Standards 10,000,000
Compliance........................................
Integrated Display System [IDS].................... 30,000,000
Terminal Flight Data Manager [TFDM]................ 85,400,000
Performance Based Navigation Support Portfolio..... 8,000,000
Unmanned Aircraft Systems [UAS] Implementation..... 26,600,000
Airport Ground Surveillance Portfolio.............. 28,400,000
Terminal and EnRoute Surveillance Portfolio........ 43,373,000
Terminal and EnRoute Voice Switch and Recorder 49,496,000
Portfolio.........................................
Enterprise Information Platform.................... 17,600,000
Remote Towers...................................... 4,900,000
------------------
Subtotal Terminal Programs....................... 733,631,000
c. Flight Service Programs
Aviation Surface Observation System [ASOS]......... 11,200,000
Future Flight Services Program [FFSP].............. 3,000,000
Alaska Flight Service Facility Modernization 2,700,000
[AFSFM]...........................................
Juneau Airport Wind System [JAWS]--Technology 4,000,000
Refresh...........................................
Weather Camera Program............................. 2,000,000
------------------
Subtotal Flight Service Programs................. 22,900,000
d. Landing and Navigational Aids Program
Very High Frequency [VHF] Omnidirectional Radio 5,900,000
Range [VOR] Minimum Operating Network [MON].......
Wide Area Augmentation System [WAAS] for GPS....... 92,143,000
Instrument Flight Procedures Automation [IFPA]..... 1,000,000
Runway Safety Areas--Navigational Mitigation....... 800,000
Landing and Lighting Portfolio..................... 67,887,500
Distance Measuring Equipment [DME], Very High 10,000,000
Frequency [VHF] Omni-Directional Range [VOR],
Tactical Air Navigation [TACAN] [DVT] Sustainment
Portfolio.........................................
------------------
Subtotal Landing and Navigational Aids Programs.. 177,730,500
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and Management....... 12,000,000
Unstaffed Infrastructure Sustainment............... 21,800,000
Aircraft Replacement and Related Equipment Program. 35,000,000
Airport Cable Loop Systems--Sustained Support...... 10,000,000
Real Property Disposition.......................... 3,000,000
Energy Management and Compliance [EMC]............. 1,100,000
Electrical Power Systems--Sustain/Support.......... 55,000,000
Child Care Center Sustainment...................... 1,000,000
FAA Telecommunications Infrastructure.............. 64,200,000
Operational Analysis and Reporting Systems......... 15,500,000
------------------
Subtotal Other ATC Facilities Programs........... 218,600,000
==================
Total Activity 2............................. 1,778,032,500
Activity 3--Non-Air Traffic Control Facilities and
Equipment
a. Support Equipment
Hazardous Materials Management..................... 9,500,000
Aviation Safety Analysis System [ASAS]............. 30,502,000
National Air Space [NAS] Recovery Communications 12,338,000
[RCOM]............................................
Facility Security Risk Management.................. 7,800,000
Information Security............................... 21,320,000
System Approach for Safety Oversight [SASO]........ 35,400,000
Aviation Safety Knowledge Management Environment 9,800,000
[ASKME]...........................................
Aerospace Medical Equipment Needs [AMEN]........... 6,900,000
NextGen--System Safety Management Portfolio........ 18,294,000
National Test Equipment Program [NTEP]............. 3,000,000
Mobile Assets Management Program................... 1,000,000
Aerospace Medicine Safety Information Systems 25,000,000
[AMSIS]...........................................
Configuration, Logistics, and Maintenance Resource 23,500,000
Solutions [CLMRS].................................
------------------
Subtotal Support Equipment....................... 204,354,000
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure Sustainment..... 14,400,000
Distance Learning.................................. 1,000,000
------------------
Subtotal Training, Equipment and Facilities...... 15,400,000
==================
Total Activity 3............................. 219,754,000
Activity 4--Facilities and Equipment Mission Support
System Engineering and Development Support......... 37,000,000
Program Support Leases............................. 15,000,000
Logistics and Acquisition Support Services......... 12,000,000
Mike Monroney Aeronautical Center Leases........... 14,600,000
Transition Engineering Support..................... 17,000,000
Technical Support Services Contract [TSSC]......... 28,000,000
Resource Tracking Program [RTP].................... 8,000,000
Center for Advanced Aviation System Development 57,000,000
[CAASD]...........................................
Aeronautical Information Management Program........ 20,800,000
------------------
Total Activity 4............................. 209,400,000
Activity 5--Personnel and Related Expenses
Personnel and Related Expenses..................... 550,000,000
==================
Total all Activities......................... 2,892,887,500
------------------------------------------------------------------------
Enterprise, concept development, human factors, and
demonstration portfolio.--The FAA should work with interested
State aviation departments, universities, UAS centers, test
complexes, and relevant industry stakeholders that have the
potential to serve as test beds for demonstrating the
operational requirements for these emerging flight operations
between multiple airports, to measure community acceptance
and to identify training requirements for the controller,
technician, and pilot workforces to safely operate and
integrate these vehicles and systems into the NAS.
Reduced oceanic separation.--The FAA should continue use of
global space-based automatic dependent surveillance-broadcast
[ADS-B] data to support critical safety uses, and continue
efforts with the acquisition management system process in
making a final investment decision for this technology. The
agreement also directs the FAA to brief the House and Senate
Committees on Appropriations on the results of the
operational evaluation in the Caribbean airspace that was
completed in April 2021 within 60 days of enactment of this
act.
Commercial space integration.--The agreement includes
$6,500,000 to demonstrate and validate the transmission of
hazard areas into the ERAM system, including the space data
integrator, as recommended by the air space access rulemaking
committee.
Terminal air traffic control facilities--replace.--The
agreement directs the FAA to continue working to address
aging and antiquated air traffic control facilities that it
leases from airport authorities to ensure they are fully
compliant with current building codes consistent with being
occupied by air traffic controllers. The agreement directs
the FAA to consider creative financing options and to include
consideration of long-term cost recovery leases when
conditions warrant the construction of new air traffic
control towers.
Remote towers.--The agreement includes $4,900,000 for
remote towers, which will be used to fund contract
controllers for type certification at Leesburg, to complete
the active testing phase of the operational evaluation at
Fort Collins, and to begin the validation and verification at
Fort Collins. The agreement directs the FAA to submit a plan
and schedule for type certification of remote towers systems
no later than 90 days after the enactment of this act. The
plan and schedule should focus on accelerating type
certification for the safe operation of remote towers and
identify any challenges the agency faces in doing so.
Aviation surface observation system [ASOS].--The agreement
includes $11,200,000 and directs the FAA to use funding above
the budget request for modification and/or replacement of the
eight non-Federal automated weather observing systems
currently in the process of the FAA takeover pilot program,
as authorized under 49 U.S.C. 44502(e).
Landing and lighting portfolio.--The agreement includes
$67,887,500 and supports the FAA's work to modernize and
enhance navigation aids [NavAids] monitoring and control
capabilities in air traffic control towers. The agreement
includes $10,000,000 for instrument landing systems and
$10,000,000 for precision path approach indicators. The FAA
shall train existing technical staff and hire additional
staff if necessary to install these critical systems. The FAA
may use established contractors to augment FAA resources if
necessary. The FAA should also refresh the software and
technology of NavAids control and monitoring systems, which
provide real time, mission critical capabilities, and enhance
situational awareness, safety, and efficiency in managing air
traffic.
FAA telecommunications infrastructure.--The agreement
includes $64,200,000 for the FAA telecommunications
infrastructure, which includes funding for the FAA enterprise
network service [FENS] and time division multiplexing to
internet protocol migration efforts. The agreement includes
funding in the operations account for remote
telecommunications infrastructure replacement as an
immediate-term solution to ensure the availability of the
network. The agreement directs the FAA to provide a briefing
on FENS to the House and Senate Committees on Appropriations
within 90 days of enactment of this act, including the
agency's detailed plans and schedule to deploy a long-term
solution.
Military operations areas.--Radar and future NextGen
systems capable of controlling airspace down to 500 feet
above ground level enhance aviation safety in military
operations areas that overlay public use airports. The
agreement recommends that the FAA utilize existing resources
to promptly provide radar or NextGen capability in areas with
more than 5,000 operations per year.
Peoria airport tower.--The agreement encourages the FAA to
continue working with the Peoria Airport Authority to help
the airport remedy ongoing issues with its air traffic
control tower.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $248,500,000 for the FAA's research,
engineering, and development activities, to remain available
until September 30, 2024.
The following table provides details by program:
------------------------------------------------------------------------
Research, Engineering, and Development Agreement
------------------------------------------------------------------------
Fire Research and Safety............................. 7,136,000
Propulsion and Fuel Systems.......................... 3,000,000
Advanced Materials/Structural Safety................. 14,720,000
Aircraft Icing....................................... 2,472,000
Digital Systems Safety............................... 3,689,000
Continued Airworthiness.............................. 8,829,000
Flightdeck/Maintenance/System Integration Human 14,301,000
Factors.............................................
Safety System Management/Terminal Area Safety........ 7,000,000
Air Traffic Control Technical Operations Human 5,911,000
Factors.............................................
Aeromedical Research................................. 11,000,000
Weather Program...................................... 13,786,000
Unmanned Aircraft Systems Research................... 22,077,000
Alternative Fuels for General Aviation............... 5,434,000
Commercial Space Transportation Safety............... 5,708,000
NextGen--Wake Turbulence............................. 3,728,000
NextGen--Air Ground Integration Human Factors........ 3,000,000
NextGen--Weather Technology in the Cockpit........... 2,659,000
NextGen--Flight Deck Data Exchange Requirements...... 1,000,000
Information/Cyber Security........................... 4,769,000
Environment and Energy............................... 22,000,000
NextGen--Environmental Research--Aircraft 67,500,000
Technologies and Fuels..............................
System Planning and Resource Management.............. 3,300,000
Aviation Workforce Development--Section 625.......... 10,000,000
William J. Hughes Technical Center Laboratory 5,481,000
Facility............................................
------------------
Total............................................ 248,500,000
------------------------------------------------------------------------
Advanced materials/structural safety.--The agreement
includes $14,720,000 for advanced materials/structural
safety, of which: (1) $6,000,000 is to advance the use of
these new additive materials (both metallic and non-metallic
based additive processes) in the commercial aviation
industry; (2) $4,000,000 is to advance the use of fiber
reinforced composite materials in the commercial aviation
industry through the FAA joint advanced
[[Page H3033]]
materials and structures center of excellence; and (3)
$2,000,000 is for the FAA to continue its work with existing
public-private partnerships that provide leading-edge
research, development, and testing of composite materials and
structures.
Aviation emissions and noise.--The agreement provides an
increase of $37,732,000 above fiscal year 2021 for research
on reducing aviation emissions and noise.
The agreement includes $22,000,000 for Environment and
Energy, of which $8,500,000 is to conduct research within the
aviation sustainability center [ASCENT] COE. The increase in
funding shall be used to better understand the impact of non-
carbon dioxide emissions from aviation on climate change and
to identify means to cost-effectively reduce these impacts.
The agreement includes $67,500,000 for NextGen-
Environmental Research-Aircraft Technologies and Fuels, of
which $26,565,000 is for ASCENT (of which not less than
$2,000,000 is to study the impact of aviation noise), and of
which $37,500,000 is for the continuous lower energy,
emissions, and noise [CLEEN] program in order to accelerate
the development of aircraft and engine technologies.
The increased funding should be used by ASCENT to go beyond
the current 50 percent sustainable aviation fuel [SAF]
blending limit and identify means to cost effectively reduce
the lifecycle greenhouse gas emissions from SAF production
and use, and continue its supply chain analysis work to help
establish robust domestic supply chains for SAFs. ASCENT is
also directed to continue working with the National Renewable
Energy Laboratory on quantifying emissions reduction impacts
of policies that could drive demand for SAFs. The FAA should
also quantify the non-carbon climate benefits of these fuels.
In addition to the work on SAFs, ASCENT is also directed to
work on quantifying the ultrafine particulate and other
public health impacts of aviation on airsheds, particularly
for communities near airports.
The agreement directs the FAA, in collaboration with the
Departments of Energy and Agriculture and other Federal
agencies, to conduct an interagency review and update of the
2016 Federal Alternative Jet Fuels Research and Development
Strategy to address key scientific and technical challenges
that inhibit the development, wide scale production, and use
of economically viable SAF. The revised strategy should
identify and prioritize specific research and development
activities in order to accelerate SAF utilization.
Aviation workforce development programs.--The FAA should
prioritize grants under the aviation workforce development
program to academic institutions for flight operations,
aviation maintenance, commercial aviation, unmanned aircraft
systems, aviation technology, and training at the community
college level or through an accredited aviation professional
program. The FAA should also prioritize maintaining and
growing workforce levels at maintenance, repair, and overhaul
facilities.
Community and technical college centers of excellence [COE]
in small UAS technology training program.--The agreement
supports efforts by the FAA to collaborate with UAS
Collegiate Training Initiative [CTI] schools to deliver up-
to-date UAS training tools, resources, and guidelines that
will prepare students for careers in UAS and continue to
maintain the safety of the NAS.
UAS research.--The agreement includes $22,077,000 for UAS
research. Of this amount: (1) $10,000,000 is directed to
support the expanded role of the UAS COE in areas of UAS
research, including cybersecurity, agricultural applications,
BVLOS, studies of advanced composites and other non-metallic
engineering materials not common to manned aircraft but
utilized in UAS, the STEM program, and to continue efforts
with the UAS safety standards for UAS and to develop and
validate certification standards for such systems; (2)
$2,000,000 for the Center's role in transportation disaster
preparedness and response, partnering with institutions that
have demonstrated experience in damage assessment,
collaboration with state transportation agencies, and applied
UAS field testing; and (3) $8,000,000 is to support UAS
research activities at the FAA technical center and other FAA
facilities.
The agreement expects the Department to expedite its
approval process for research projects at the COE. The FAA
should also ensure that the research at the COE aligns with
the agency's needs as it continues to address the challenges
with integration of UAS into the NAS.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement provides an obligation limitation of
$3,350,000,000 and a liquidating cash appropriation of
$3,350,000,000, to remain available until expended. Within
the obligation limitation, the agreement provides not more
than $127,165,000 for administrative expenses, not less than
$15,000,000 for the airport cooperative research program, not
less than $40,961,000 for airport technology research, and
$10,000,000 for the small community air service development
program.
Airport technology.--Of the amount for airport technology
research, $6,000,000 is for the airfield pavement technology
program authorized under section 744 of Public Law 115-254,
of which $3,000,000 is for concrete pavement research and
$3,000,000 is for asphalt pavement research.
Airport improvement program [AIP] formula.--The agreement
directs the FAA to consider the full range of flight
activities (such as flight training, air cargo, emergency
response, pilot training, etc.) and associated metrics when
considering AIP discretionary grants.
Automated weather-observing system [AWOS] equipment.--The
FAA should waive the requirement for a positive cost-benefit
ratio for AWOS equipment for airports located in a county
with a population of 50 or fewer persons per square mile
based on the most recent decennial census. Furthermore, for
such projects at public use airports that would have a
material impact on the safety of operations at that airport,
the FAA should not require the completion of a cost-benefit
analysis as long as that project is funded using non-primary
entitlement funding and no additional discretionary funding
from the FAA.
Boarding bridges.--The agreement continues to direct the
FAA to consult with the U.S. Trade Representative [USTR] and
the U.S. Attorney General to develop, to the extent
practicable, a list of entities that: (1) are a foreign
State-owned enterprise that is identified by the USTR in the
report required by subsection (a)(1) of section 182 of the
Trade Act of 1974 (Public Law 93-618) and subject to
monitoring by the USTR under section 306 of the Trade Act of
1974; and (2) have been determined by a Federal court, after
exhausting all appeals, to have misappropriated intellectual
property or trade secrets from an entity organized under the
laws of the United States or any jurisdiction within the
United States. The FAA shall make such list available to the
public and work with the USTR, to the extent practicable, to
utilize the system for award management database to exclude
such entities from being eligible for Federal non-procurement
awards. The FAA is expected to notify the House and Senate
Committees on Appropriations of any significant challenges
the agency faces in completing these actions.
Burdensome regulations.--The FAA should continue to
identify opportunities to eliminate unnecessary regulations
and streamline burdensome regulations and identify areas
where more autonomy can be given to local jurisdictions with
a better understanding of needs and challenges in building
and maintaining infrastructure.
National plan of integrated airport systems [NPIAS].--The
agreement directs the FAA to expeditiously review requests
for entry into the NPIAS. Public-use airports that meet all
applicable criteria and which have had significant and
material investment from their local communities should be
included in the NPIAS.
GRANTS-IN-AID FOR AIRPORTS
The agreement provides $554,180,000 in new budget authority
for additional discretionary grants for airport construction
projects, of which $279,180,135 is for Community Project
Funding/Congressionally Directed Spending. Funding allocated
for Community Project Funding/Congressionally Directed
Spending shall not diminish or prejudice the application of a
specific airport or geographic region to receive other AIP
discretionary grants or multi-year letters of intent.
Noise.--The agreement directs the FAA to ensure that AIP
funds are made available to reduce the impact of noise on
local communities.
Prioritization for additional grants for airport
infrastructure.--Section 47115(j)(3)(B) of title 49, United
States Code, requires that not less than 50 percent of the
funds made available under this heading shall be for grants
at nonhub, small hub, reliever, and nonprimary airports. The
agreement directs the FAA to prioritize the remaining funds
for grants at medium hub and large hub airports.
Temporary flight restrictions.--Section 119E of this act
makes up to $3,500,000 available to the FAA to reimburse
certain airport sponsors that are closed during temporary
flight restrictions. The agreement directs the FAA to notify
the House and Senate Committees on Appropriations if
additional funding is necessary.
Zero-emission vehicle [ZEV] and voluntary airport low
emissions [VALE] programs.--The agreement supports the use of
AIP funds for the ZEV and VALE programs and expects the FAA
to provide not less than $25,000,000 of the funds made
available for supplemental discretionary AIP funding from the
general fund for ZEV and VALE.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the center for advanced aviation systems development.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA
``without cost'' building construction or space.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store
gift cards with Government issued credit cards.
[[Page H3034]]
Section 116 requires the Administrator to block the
identifying information of an owner or operator's aircraft in
any flight tracking display to the public upon the request of
an owner or operator.
Section 117 prohibits funds for salaries and expenses of
more than nine political and Presidential appointees in the
FAA.
Section 118 prohibits funds to increase fees under 49
U.S.C. 44721 until the FAA provides a report to the House and
Senate Committees on Appropriations that justifies all fees
related to aeronautical navigation products and explains how
such fees are consistent with Executive Order No. 13642.
Section 119 requires the FAA to notify the House and Senate
Committees on Appropriations at least 90 days before closing
a regional operations center or reducing the services
provided.
Section 119A prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119B prohibits funds from being used to withhold
from consideration and approval certain application for
participation in the contract tower program, or for certain
reevaluations of cost-share program participation.
Section 119C prohibits funds from being used to open,
close, re-designate, or reorganize a regional office, the
aeronautical center, or the technical center subject to the
normal reprogramming requirements outlined under section 405
of this act.
Section 119D improves the efficiency of the FAA franchise
fund.
Section 119E allows the transfer of funds from the
``Grants-in-Aid for Airports'' account to reimburse airports
affected by temporary flight restrictions for residences of
the President.
Section 119F provides restrictions on the use of the
authorities under 49 U.S.C. 44502(e) to transfer certain air
traffic system or equipment to the FAA.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement limits obligations for the administrative
expenses of the Federal Highway Administration [FHWA] to
$463,716,697. In addition, the bill provides $3,248,000 for
the administrative expenses of the Appalachian Regional
Commission [ARC].
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement limits obligations for the federal-aid
highways program to $57,473,430,072 in fiscal year 2022.
Bridges with impacts to protected species under the
Endangered Species Act.--The agreement encourages the FHWA to
give consideration to projects that make improvements to
bridges with significant impacts to species listed under the
Endangered Species Act to mitigate those impacts. The
agreement directs the Department to provide a report to the
House and Senate Committees on Appropriations not later than
270 days after enactment of this act on how FHWA is making
its selection of bridge improvements to address endangered
species.
Implementation Plan.--In fiscal year 2020, the Department
was directed to develop an implementation plan for conducting
the research outlined in the Transportation Research Board's
truck size and weight research plan, which has not been
transmitted to Congress. The results of this research should
be considered by the Department and Congress before any
national changes in truck length or weight policy are
considered. The agreement directs the FHWA to brief the House
and Senate Committees on Appropriations on the implementation
plan within 30 days of enactment of this act.
Research and technology.--The agreement directs the FHWA to
continue to prioritize research and demonstrations of new and
proven technologies that could make infrastructure systems
more resilient. The agreement directs the FHWA to promote
resiliency in its every day counts initiative in order to
leverage research and technology funds in support of states'
efforts to deploy new and proven technologies. The agreement
further directs the FHWA to report to the House and Senate
Committees on Appropriations on the extent to which states
and territories are currently, or plan to in the near future,
use innovative technologies to build resiliency into their
highway and bridge infrastructure, as well as identify any
barriers to the use of innovative technologies that would
otherwise allow for resiliency to be incorporated into such
infrastructure.
Advanced digital construction management.--Section 503 of
title 23, U.S.C. provides $20,000,000 to accelerate the
deployment and implementation of advanced digital
construction management systems. The minimum grant amount for
this program shall be $500,000.
Nature-based solutions for infrastructure.--The agreement
directs the FHWA to continue to build its competency and
capacity in nature-based solutions [NBS] and continue its
outreach to all states, Tribes, and localities on natural
infrastructure options and best management practices and
should build on its implementation guide by including it in
the overall guidance and materials on conducting
vulnerability assessments, including technical assistance and
trainings provided to state DOTs, metropolitan planning
organizations [MPOs], and local and Tribal governments. The
agreement further directs the FHWA to submit a report to the
House and Senate Committees on Appropriations within 1 year
of enactment of this act that: (1) includes a summary of the
extent of FHWA's NBS outreach; (2) identifies any deterrents
or hindrances to the use of NBS; (3) identifies opportunities
for increasing use of NBS; and (4) identifies any available
assessment of the amount of Federal funding being put to NBS
projects.
Timely response.--The agreement directs the FHWA to review
and respond to Buy America waiver requests within 60 days of
submission.
Categorical exclusions.--The agreement directs the FHWA to
continue working with stakeholders, including state DOTs, to
determine how to best minimize the bureaucratic burdens of
the qualification process for categorical exclusions.
Appalachian development highway system [ADHS].--The
agreement directs the FHWA to submit a report to the House
and Senate Committees on Appropriations on its efforts to
continue working with the ARC and relevant state DOTs to
identify segments of existing, unfinished, and potential
corridors and to discuss the justification for expanding the
current ADHS mileage cap within 180 days of enactment of this
act.
Low-carbon materials.--The agreement encourages the FHWA to
continue efforts to develop low-carbon materials that reduce
green-house gas [GHG] emissions while maintaining the
structural integrity of infrastructure.
Surface transportation block grants [STBG].--The agreement
directs the Secretary to ensure that state transportation
agencies are fairly suballocating STBG funds to localities in
accordance with current law.
Transparency in the deployment of automated vehicles
[AVs].--The agreement directs the FHWA, in coordination with
other relevant modal administrations, to establish clear
goals and priorities for the safe testing and deployment of
AVs on public highway infrastructure by developing an action
plan that should foster further discussion and information
sharing with relevant stakeholders and officials to help
inform future policies, research, and programs. The agreement
also directs the FHWA to report to the House and Senate
Committees on Appropriations on changes relevant in the
forthcoming updates to the manual on uniform traffic control
devices [MUTCD] related to AV testing and deployment. The
FHWA should also continue to collate AV information and make
publicly available its autonomous vehicle initiatives.
Finally, the agreement directs the FHWA to update current
resources available online related to the testing and
deployment of AVs, including its fact sheet on environmental
justice considerations for connected and automated vehicles.
Electric vehicles [EVs].--The agreement notes that section
2J in the current MUTCD states that if state or local
agencies elect to provide specific service signing, there
should be a statewide policy for such signing and criteria
for the availability of the various types of services. The
criteria should consider ``vehicle services including gas
and/or alternative fuels, oil, charging stations, and
water.''
Alternative fuel corridors.--The agreement supports the
FHWA's efforts to designate alternative fuel corridors to
support the expansion of zero-emission vehicles and directs
the FHWA to designate future alternative fuel corridors that
support travel and tourism traffic patterns and align with
the national travel and tourism infrastructure strategic
plan, to the extent permissible under current law.
Vision zero.--The agreement directs the FHWA to develop
resources and provide technical assistance to help local
agencies prioritize the safe system approach and its
implementation of vision zero plans and strategies to reduce
pedestrian fatalities and injuries. The agreement further
directs the FHWA to submit a report to the House and Senate
Committees on Appropriations on the extent to which states or
territories receiving FHWA funds include elements of vision
zero plans and strategies in their strategic highway safety
plans, including an assessment of any barriers to use of
vision zero plans and strategies identified by the states and
territories.
Moveable barriers.--The agreement urges the FHWA to work
with state DOTs to consider the feasibility of utilizing or
deploying innovative technologies, including moveable
barriers, that provide traffic congestion relief, offer quick
alternatives to costly road construction, result in safer
roadways, help eliminate crossover fatalities, offer
flexibility, improve air quality, and decrease fuel
consumption.
National highway geospatial data standards development
feasibility study.--The agreement directs the FHWA to study,
evaluate, and provide a comprehensive report on the
geospatial data standards for all 50 states, D.C., and Puerto
Rico no later than 180 days after enactment of this act.
Sonoran corridor.--The agreement encourages the FHWA to
work with the State of Arizona to identify funds to
facilitate the completion of tier II environmental impact
statements on high priority corridors of less than 25 miles
in distance and within 100 miles of the U.S.-Mexico border.
Interstate projects in the intermountain west.--The
agreement supports the FHWA's continued collaboration with
state DOTs on the initial planning process for improvements
to I-10 between Phoenix and Tucson
[[Page H3035]]
and the new I-11 from U.S.-Mexico International Border to
Reno, Nevada. FHWA should continue to provide technical
assistance and assist the State DOTs in identifying financial
resources to help complete the planning process for these
critical projects.
Bridge safety.--The agreement continues to direct the FHWA
to implement all open recommendations from the Office of
Inspector General report [ST2020035] related to the
pedestrian bridge collapse in 2018 at Florida International
University [FIU].
Concrete research.--The agreement directs the Secretary to
evaluate research initiatives eligible under the FHWA's
highway research and development program focusing on the use
of stainless slag materials as a substitute for cement in
concrete, as structural fill, controlled low strength
material and related transportation infrastructure and
provide a report to the House and Senate Committees on
Appropriations within 180 days of enactment of this act
outlining FHWA's action plan to evaluate such research.
Wildlife-vehicle collision safety.--The agreement
encourages the FHWA to work with states to reduce wildlife-
vehicle collisions through the wildlife crossings pilot
program in 23 U.S.C. 171 and through highway safety
improvement program funds and eligibilities under 23 U.S.C.
148(a)(4)(B)(xvii).
Harmonization of tools.--The agreement encourages the FHWA
to fund activities that harmonize environmental product
declarations, data sets, and other tools to improve life
cycle GHG emission comparisons of different materials and
processes. The Secretary is directed to submit a report to
the House and Senate Committees on Appropriations no later
than 180 days after enactment of this act on a research and
development strategy that will allow for robust and
consistent environmental life cycle analyses for highway
infrastructure projects to inform future internal research
priorities.
Pollinator-friendly practices.--The agreement directs the
FHWA to continue to support state DOT efforts to expand
pollinator-friendly practices.
Electric vehicle [EV] charging infrastructure.--The
agreement directs the GAO to assess the DOT's coordination
with the Department of Energy, other relevant Federal
agencies, states and local planning agencies, and automotive
industries in the planning for EV infrastructure investments.
The GAO shall assess: (1) the work of the Joint Office of
Energy and Transportation established by the IIJA; (2) FHWA's
efforts to designate national corridors for EV charging and
alternative fueling stations; and (3) any opportunities to
improve coordination among Federal agencies in the
implementation of such act.
GHG emissions.--The agreement directs the GAO to assess and
provide a report no later than 270 days after enactment of
this act on: (1) the extent to which Federal agencies,
states, and MPOs are currently collecting performance
information on transportation-related GHG emissions; (2) how
the information on GHG emissions is used to inform
transportation investment decisions; and (3) opportunities
for the FHWA to better leverage this information.
Tribal transportation program [TTP].--The agreement
encourages the FHWA to expand on its fatality research and
partnerships with state government, academic institutions,
and non-profits that have existing relationships with Tribal
governments and expertise in safety and transportation
research as part of this work.
Interstate-35 innovative corridor project.--The agreement
directs the FHWA to conduct comprehensive evaluations and
analysis of highway corridors from ports of entry to inland
ports. The FHWA may use funds from the research and
development programs for this work.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation of
$58,212,430,072, which is available until expended, to pay
the outstanding obligations of the various highway programs
at the levels provided in this act and prior appropriations
acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $2,444,927,823 from the general fund. Of
the total amount, the bill provides $846,927,823 for
Community Project Funding/Congressionally Directed Spending,
$100,000,000 for the ADHS, $75,000,000 for the nationally
significant Federal lands and Tribal projects program (of
which 50 percent shall be set-aside for projects in Tribal
areas), $12,000,000 for the regional infrastructure
accelerator demonstration program, $1,145,000,000 for a
bridge replacement and rehabilitation program, $6,000,000 for
the scenic byways program, $10,000,000 to be transferred to
the Northern Border Regional Commission, and $250,000,000 for
PROTECT grants, as authorized under 23 U.S.C. 176.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the Federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to
be credited to the Federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
America Act requirements.
Section 123 requires 60-day notification to the House and
Senate Committees on Appropriations for any INFRA grants
awarded under 23 U.S.C. 117, provided that such notification
shall be made no later than 180 days from the date of
enactment of this act.
Section 124 allows State DOTs to repurpose certain highway
project funding within 25 miles of its original designation.
Section 125 requires the FHWA to adjudicate Buy America
requests based on the criteria used prior to April 17, 2018.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill includes a liquidation of contract authorization
and a limitation on obligations of $360,000,000 for the
operations and programs of the Federal Motor Carrier Safety
Administration [FMCSA]. Of this limitation, $14,073,000 is
for the research and technology program, and $41,277,000 is
for information technology and information management, to
remain available for obligation until September 30, 2024.
Information technology [IT] and information management [IM]
capital improvement program [CIP].--The agreement provides
$41,277,000 to fund IT and IM modernization activities. The
agreement directs the FMCSA to report no less than annually
on the spending plans for the amounts provided for IT and IM
and to update the House and Senate Committees on
Appropriations about progress on modernizing its legacy
systems.
Border crossing CIP.--The agreement directs the FMCSA to
provide an annual report to the House and Senate Committees
on Appropriations no later than 180 days after enactment of
this act, on the current status of the border crossing CIP.
The report shall include: a list of all funded and unfunded
projects in past fiscal years; cost overruns, cost savings,
and cost projections for each active project; target dates
for project completion; delays and schedule changes; current
challenges; and relevant safety inspection data.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill includes a liquidation of contract authorization
and a limitation on obligations of $496,000,000 for motor
carrier safety grants, to remain available for obligation
until September 30, 2023.
The bill provides the following funding levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Motor carrier safety assistance program................. $390,500,000
Commercial driver's license program implementation 41,800,000
program................................................
High priority activities program........................ 57,600,000
Commercial motor vehicle operators grant program........ 1,100,000
Commercial motor vehicle enforcement training and 5,000,000
support grant program..................................
------------------------------------------------------------------------
The agreement includes funding for the high priority
activities program grants to states that establish programs
to impound or otherwise immobilize a passenger-carrying
commercial motor vehicle found to have safety violations that
are serious enough to warrant immediate removal from the
roadway, as authorized.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires the FMCSA to send notice of 49 CFR
385.308 violations by certified mail, registered mail, or
some other manner of delivery which records receipt of the
notice by the persons responsible for the violations.
Section 131 requires the FMCSA to update inspection
regulations for rear underride guards as specified in GAO-19-
264.
Section 132 prohibits funds from being used to enforce the
electronic logging device rule with respect to carriers
transporting livestock or insects.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The agreement provides $200,000,000 from the general fund
for operations and research. The agreement directs the NHTSA
to include the same level of details as was included in the
fiscal year 2020 budget estimate in future budget estimates.
Truck underride safety.--The agreement directs the NHTSA to
implement recommendations included in the GAO report [GAO-19-
264] on truck underride safety, complete a rulemaking to
improve rear guards to meet the Insurance Institute for
Highway Safety standards, and brief the House and Senate
Committees on Appropriations quarterly on the agency's
progress in meeting these directives. The agreement also
directs the NHTSA to share information with police
departments on related activities in order to improve the
quality and completeness of underride crash data.
AV testing.--The agreement directs the NHTSA to move
forward on a research program on the kinetics and injury
outcomes of occupants traveling in automated vehicles,
including those with alternative seating postures and
configurations, and to brief the House and Senate Committees
on Appropriations on the results of this study.
GAO assessment.--The agreement directs the GAO to assess:
(1) what is known about consumers' understanding and use of
lower level automated vehicle technologies; (2)
[[Page H3036]]
how vehicle manufacturers and governments are educating
consumers about these technologies; and (3) what role the
Federal government has in helping consumers understand the
safety benefits of and appropriate use of these technologies.
The agreement directs the GAO to submit this report to the
House and Senate Committees on Appropriations within 1 year
of enactment of this act.
AV testing.--The agreement encourages the NHTSA to continue
to support research and test facilities that replicate a wide
variety of challenging weather conditions, like rain, fog,
and low sun angles. The NHTSA is encouraged to partner with
an existing non-profit automotive vehicle test and research
facility to facilitate the development and deployment of AV
technology that can operate in all weather conditions,
including development of methodologies to measure the
performance of AV technology.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation and
an obligation limitation of $192,800,000, to remain available
until expended, which reflects the authorized level of
contract authority, and of which $20,000,000 shall remain
available until September 30, 2023, and $7,000,000, for
mobility research on older drivers, shall remain available
until expended. Of the total amount, the agreement provides
$186,000,000 for programs authorized under section 403 of
title 23, U.S.C., including behavioral research on automated
driving systems and advanced driver assistance systems and
improving consumer responses to safety recalls, and section
25024 of Public Law 117-58. The total also provides
$6,800,000 for the national driver register authorized under
chapter 303 of title 49, U.S.C.
Highway fatalities.--The agreement directs the NHTSA to
develop and implement a national campaign to reduce highway
fatalities. The agreement also expects that the report
directed in fiscal year 2021 will be delivered by May 1,
2022. Increased funding should be used to address the
disproportionate increases in highway fatalities for non-
Hispanic Black people, in occupant ejection, and in
unrestrained occupants of passenger vehicles.
Road to zero coalition.--The agreement directs the NHTSA to
develop and implement an agreement to provide safe system
innovation grant funding at a level commensurate with current
law within 120 days of enactment of this act.
Traffic safety culture.--The agreement includes $600,000
for the NHTSA to work with a university with expertise in
traffic safety culture to develop training courses for states
to learn how to implement a traffic safety culture, as a
means to promote vision zero. The training should include
tools to guide states on data, metrics, and strategies to
change driver behavior, how to examine current safety
culture, and ways to engage a broad group of stakeholders.
Drunk and impaired driving detection.--The agreement
directs the NHTSA to update the House and Senate Committees
on Appropriations on the status of the Volpe report on
advanced drunk driving prevention systems. The NHTSA should
notify the House and Senate Committees on Appropriations on
any factors that may delay progress on efforts to advance the
implementation and integration of impaired driving
technologies, and be fully attentive to the development of
all such technologies that are under development or already
being offered. The NHTSA is also directed to emphasize
research on driver monitoring and to identify promising
technologies that will reduce or eliminate impaired and
distracted driving.
Drug-impaired driving.--The agreement expects the NHTSA to
address long-standing NTSB recommendations to: (1) develop
and disseminate to appropriate state officials a common
standard of practice or guidance for drug toxicology testing
which should consider recommendations issued by the National
Safety Council in the publication entitled, ``Recommendations
for Toxicological Investigation of Drug-Impaired Driving and
Motor Vehicle Fatalities-2021 Update'' in consultation with
relevant accredited universities and Federal agencies; (2)
develop and disseminate best practices, identify model
specifications, and create a conforming products list for
oral fluid drug screening devices; (3) evaluate best
practices and countermeasures found to be the most effective
in reducing fatalities, injuries, and crashes involving drug-
impaired drivers; and (4) provide additional guidance on each
of these issues to the states.
The agreement continues to support the NHTSA's drug-
impaired driving initiative, research initiatives such as the
collection of toxicology data in fatal accidents, and
continued education and training efforts with law enforcement
and prosecutors, such as drug recognition experts and
advanced roadside impaired driving enforcement training. The
NHTSA should issue clarifying guidance on the eligible uses
of highway safety program grants for gathering data on
individuals in fatal car crashes for substance impairments,
where permissible under current law. With the opioid epidemic
affecting the rates of drug-impaired driving, the NHTSA
should also collaborate with the Centers for Disease Control
and Prevention [CDC] to develop guidance to states on how
funding provided by each agency can be used to reduce drug-
impaired driving.
The agreement also encourages the NHTSA to use the results
of laboratory tests (related to marijuana impairment
standards) to move forward to field testing and to work
towards the development of a standardized field sobriety test
to detect levels of marijuana impairment. NHTSA's work should
focus on all commonly available cannabis products. NHTSA
should also consider issuing toxicology testing guidance to
State officials in accordance with recommendations issued by
the National Safety Council in the aforementioned publication
and consult with relevant accredited universities.
Child-car seat testing.--The agreement modifies the
rulemaking directive in House Report 117-99 in this section
to September 30, 2022.
Child hyperthermia.--The agreement provides not less than
$2,000,000 for NHTSA to continue and expand upon policies and
programs implemented in 2019 regarding public education and
outreach efforts on child hyperthermia prevention.
Stroke victim transportation protocol.--The agreement
encourages the NHTSA and its Office of Emergency Medical
Services [EMS] to continue working with stakeholders in the
EMS community to develop and disseminate information on
assessment, treatment, and transport-destination protocols to
ensure that stroke patients are transported to the most
appropriate hospital for treatment. In developing such
protocols, stakeholders should consider the capability of an
emergency receiving facility to improve outcomes for
patients.
EMS/911.--The agreement encourages the NHTSA, through the
EMS, to disseminate training in cardiopulmonary resuscitation
to state and local emergency dispatchers. Such training
should include evidence-based protocols, continuing
education, and performance measures.
Digital alert technology.--The agreement specifies that the
NHTSA should use funds provided in fiscal year 2020 for
deployment of digital alert technology with local law
enforcement in the field.
Causal factors of auto crashes.--The agreement encourages
the NHTSA to focus on research on causal factors of auto
crashes, such as distracted driving, road conditions, and
congestion.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation and an
obligation limitation of $774,300,000 for highway traffic
safety grants, to remain available until expended.
State traffic safety information systems improvements.--The
agreement directs the NHTSA to continue to provide technical
assistance to states on improving the interoperability of
state and national traffic safety information systems. In
addition, within one-year after enactment of this act, the
agreement directs the NHTSA to produce a publicly available
report on what challenges states are facing with improving
their traffic safety coordination and to brief the House and
Senate Committees on Appropriations on the findings and
analysis.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 142 prohibits funds from being used to enforce
certain state maintenance of effort requirements under 23
U.S.C. 405.
Federal Railroad Administration
SAFETY AND OPERATIONS
The bill provides $240,757,000 for safety and operations of
the Federal Railroad Administration [FRA], of which
$25,000,000 shall remain available until expended. The
funding provided combined with available prior year funding
will be sufficient to support safety activities and other FRA
programs. The agreement provides the following funding levels
for specific activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Safe transportation of energy products............... up to $2,000,000
Automated track inspection program and data analysis. $16,500,000
Positive train control support program............... up to $1,000,000
Trespasser prevention................................ up to $400,000
Highway-rail grade crossing safety................... up to $2,175,000
Grant and project development technical assistance, up to $1,500,000
oversight...........................................
------------------------------------------------------------------------
Competitive grants.--The agreement directs the FRA to
provide bi-annual reports to the House and Senate Committees
on Appropriations on the status of grant agreements and
obligations for all awards for fiscal years 2017 through 2022
for the Federal-state partnership for intercity passenger
rail, consolidated rail infrastructure and safety
improvements [CRISI], restoration and enhancement, and
railroad crossing elimination grant programs.
Blocked railroad crossings.--The agreement directs the FRA
to follow the direction included in House Report 117-99
relating to the FRA's website for the public and law
enforcement to report blocked railroad crossings. The
agreement urges the FRA to require states receiving funding
through the railroad safety state participation program to
include on their website a link with instructions for
reporting incidents to the FRA's website on blocked railroad
crossings.
[[Page H3037]]
Amfleet replacement.--The agreement does not include
direction in House Report 117-99 as funding appropriated in
the IIJA will support state and Amtrak acquisition costs for
this new fleet.
RAILROAD RESEARCH AND DEVELOPMENT
The bill provides $43,000,000 for railroad research and
development, to remain available until expended. Of this
amount, up to $2,100,000 is available to make improvements at
the transportation technology center as authorized under 49
U.S.C. 20108(d).
Safe transportation of energy products.--The agreement
provides up to $2,000,000 to research and mitigate risks
associated with the transportation of crude oil, ethanol,
liquefied natural gas [LNG], and other hazardous materials,
including tank car research in partnership with other Federal
agencies. The FRA is directed to continue to undertake
comprehensive efforts in collaboration with the Pipeline and
Hazardous Materials Safety Administration [PHMSA] to identify
and address gaps in research relating to the transportation
of LNG in rail tank cars, which should inform rulemaking.
Emissions reduction and alternative fuel locomotives.--The
agreement provides $2,500,000 for the FRA to continue ongoing
research, development, and testing on innovative technologies
and solutions for low- or no-emission alternative fuels for
locomotives, engine improvements, and motive power
technologies. The FRA is directed to work in collaboration
with the Department of Energy and the private sector in order
to hasten the transition from traditional diesel fuel
locomotives, spur the development and deployment of low- or
no-emission technologies, and achieve widespread commercial
use. Further, the agreement directs the FRA to conduct
research, development, testing, and analysis to determine the
safety of such technologies, any additional emergency
response planning and training requirements relating to such
technologies, related infrastructure requirements to support
such technologies, and any other activities the FRA deems
necessary to ensure the safe operations of such technologies.
Workforce development.--The agreement provides up to
$1,000,000 to support the workforce development and research
activities outlined in House Report 117-99.
Short-line safety.--The agreement provides $2,500,000 to
continue to improve safety practices and training for class
II and class III freight railroads, including efforts to
improve the safe transportation of crude oil, other hazardous
materials, freight, and passenger rail.
Research partnerships with universities.--The agreement
provides up to $5,000,000 for partnerships with qualified
universities on research related to improving the safety,
capacity, and efficiency of the nation's rail infrastructure,
including $1,000,000 for research on intelligent railroad
systems.
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
The bill provides $100,000,000 for Federal-state
partnership for intercity passenger rail grants as authorized
under 49 U.S.C. 24911, to remain available until expended.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $625,000,000 for CRISI grants as
authorized under 49 U.S.C. 22907, to remain available until
expended. Of this amount, not less than $150,000,000 is for
projects eligible under 49 U.S.C. 22907(c)(2) that support
the development of new intercity passenger rail service
routes including alignments for existing routes; not less
than $25,000,000 is for projects eligible under 49 U.S.C.
22907(c)(11); $120,860,000 is for the purposes and amounts
specified in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in this joint
explanatory statement; and not more than $5,000,000 is for
preconstruction planning activities and capital costs related
to the deployment of magnetic levitation transportation
projects.
The agreement directs the FRA to provide funding for
projects listed in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in this
joint explanatory statement in the corresponding amounts.
Further, the agreement directs that the specific funding
allocated in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in this joint
explanatory statement shall not diminish or prejudice any
application or geographic region to receive other
discretionary grants or loans.
THE NATIONAL RAILROAD PASSENGER CORPORATION [AMTRAK]
The agreement provides a total of $2,331,371,000 for
Amtrak. The agreement notes that this funding level
represents extenuating circumstances regarding residual
effects from the pandemic on Amtrak's reduced ridership and
revenue. The agreement directs Amtrak to provide regular
updates to the House and Senate Committees on Appropriations
on any new revenue projections, estimates, or needs as they
become available.
Amtrak station agents.--The agreement directs Amtrak to
either provide a station agent in each Amtrak station that
had a ticket agent position eliminated in fiscal year 2018
or, with respect to any given station on that list, to
instead reach an agreement with the labor organization
representing employees at such station to provide a station
agent in a different station.
Budget and business plan.--The agreement directs Amtrak to
submit a business plan in accordance with 49 U.S.C. 24320, as
amended by Public Law 117-58.
FRA grant administration and report streamlining.--The
agreement encourages the FRA to work with Amtrak to reduce
duplication and streamline the reporting requirements for the
FRA's grant agreements with Amtrak.
Food and beverage.--The agreement directs Amtrak to
periodically update the House and Senate Committees on
Appropriations on the food and beverage offerings, new
initiatives, operating loss, and workforce impacts, as
appropriate.
U.S. services.--The agreement directs Amtrak to take the
necessary affirmative steps to ensure that contracts for
customer service, professional, and IT services, including
subsidiary services, shall be performed within the United
States.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The bill provides $874,501,000, to remain available until
expended, for the Secretary to make grants to Amtrak for
activities associated with the northeast corridor [NEC],
defined as the main line between Boston, Massachusetts, and
the District of Columbia, and the facilities and services
used to operate and maintain the NEC line. The bill provides
up to $1,000,000 for the northeast corridor commission
[NECC], which, combined with the up to $5,000,000
appropriated in fiscal year 2022 in the Infrastructure
Investment and Jobs Act, fully funds the NECC as authorized
in section 22101(e) of division B of such act. The agreement
takes into account that funding appropriated in the IIJA will
be used to bring Amtrak-served stations into compliance with
the Americans with Disabilities Act and acquire new passenger
rolling stock to replace the single-level passenger cars used
in Amtrak's NEC, state-supported, and long-distance services.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The bill provides $1,456,870,000, to remain available until
expended, for the Secretary to make grants to Amtrak for
activities associated with the national network. National
network grants provide operating and capital funding for
Amtrak's long-distance and state-supported routes, long-
distance routes that operate on the NEC, and other non-NEC
activities. Of this amount, at least $50,000,000 is for the
development, installation, and operation of railroad safety
improvements, including the implementation of a positive
train control system. The agreement does not provide
additional funding for the state-supported route committee,
as the up to $3,000,000 appropriated in fiscal year 2022 in
the IIJA fully funds the state-supported route committee as
authorized in section 22101(d) of division B of such act.
Further, the agreement does not provide additional funding
for the interstate rail compacts grant program, as the up to
$3,000,000 appropriated in fiscal year 2022 in the IIJA fully
funds such grants as authorized in section 22101(f) of
division B of such act.
National network services.--The agreement does not support
proposals that will inevitably lead to long-term or permanent
service cuts or segmentation of Amtrak's long-distance
routes, which will lead to less service for rural
communities.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
Section 150 limits overtime to $35,000 per Amtrak employee
and allows Amtrak's president to waive this restriction for
specific employees for safety or operational efficiency
reasons. Amtrak's president is required to submit a report to
the House and Senate Committees on Appropriations no later
than 60 days after enactment of this act summarizing all
overtime payments incurred by Amtrak for calendar year 2021
and the three prior calendar years.
Section 151 prohibits the use of funds made available by
this act by Amtrak in contravention of the Worker Adjustment
and Retraining Notification Act.
Section 152 allows the FRA to transfer certain amounts made
available in this and prior acts to the financial assistance
oversight and technical assistance account to support the
award, administration, project management oversight, and
technical assistance of grants administered by the FRA, with
an exception.
Section 153 rescinds certain unobligated balances.
Section 154 prohibits the use of funds made available to
Amtrak to reduce the total number of Amtrak police department
uniformed officers patrolling on board passenger trains or at
stations, facilities or rights-of-way below the staffing
level on May 1, 2019.
Section 155 expresses the sense of Congress that long-
distance passenger rail routes and services should be
sustained to ensure connectivity throughout the national
network.
Section 156 specifies that amounts made available in any
prior fiscal years for the restoration and enhancement
program are subject to 49 U.S.C. 22908, as in effect on the
effective date of Public Law 117-58.
Federal Transit Administration
The bill provides the administrative expenses for the
Federal Transit Administration [FTA] from the mass transit
account under the heading ``Transit Formula Grants'', as
authorized by the IIJA. The
[[Page H3038]]
agreement includes the direction under the heading
``Administrative Expenses'' in House Report 117-99.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill includes a liquidation of contract authorization
and a limitation on obligations from the mass transit account
for transit formula grants of $13,355,000,000, as authorized
by the IIJA.
New transportation projects in low-growth areas.--The
agreement encourages the FTA to prioritize projects that
connect communities unserved or underserved by transit to
employment centers and projects that support economic growth
in disadvantaged areas.
Innovative procurement.--The FTA should provide technical
assistance to states regarding the development of state
purchasing schedules that are consistent with Federal law,
take steps to ensure that purchases by transit agencies off
of state schedules from other states comply with Federal
requirements, and use webinars and stakeholder events to make
transit agencies more aware that purchases off of state
schedules are an eligible use of funds regardless of
location.
Low or no emission vehicle program.--The agreement directs
the FTA to implement 49 U.S.C. 5339(c) in a manner that
encourages a variety of different fuel types, and to consider
procurements that reduce an agency's overall greenhouse gas
emissions.
TRANSIT INFRASTRUCTURE GRANTS
The bill provides an additional $504,263,267 in transit
infrastructure grants, to remain available until expended. Of
the funds provided, $175,000,000 is available for buses and
bus facilities competitive grants as authorized under 49
U.S.C. 5339(b); $75,000,000 is available for low or no
emission vehicle grants as authorized under 49 U.S.C.
5339(c); $6,500,000 is available for ferry boats grants as
authorized under 49 U.S.C. 5307(h), of which $3,250,000 is
available only for low or zero-emission ferries or ferries
using electric battery or fuel cell components or the
infrastructure to support such ferries; $2,000,000 is
available for bus testing facilities as authorized under 49
U.S.C. 5318; $1,000,000 is available for an innovative
mobility demonstration pilot program; $1,000,000 is available
for the accelerating innovative mobility program; $20,000,000
is available for areas of persistent poverty or historically
disadvantaged communities; $10,000,000 is available for
technical assistance, research, demonstration, or deployment
activities or projects to accelerate the adoption of zero
emission buses in public transit as authorized under 49
U.S.C. 5312; $200,798,267 is available for the purposes and
amounts specified in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in this
joint explanatory statement; and $12,965,000 is available for
ferry service for rural communities as authorized under
section 71103 of division G of Public Law 117-58. The bill
provides funding from the general fund, and the funding is
not subject to any limitation on obligations.
The specific funding allocated in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included in this joint explanatory statement shall
not diminish or prejudice the application of a specific
project or geographic region to receive other discretionary
grants or loans. The FTA is directed to include activities
that increase green space surrounding a bus transportation
hub structure as eligible for amounts provided under this
heading in this act for buses and bus facilities competitive
grants.
Transit vehicle innovation deployment centers [TVIDC].--The
agreement directs the FTA to collaborate with TVIDC in order
to accelerate the production and deployment of zero emission
transit technologies and infrastructure that reduce the
impacts of the transportation sector on greenhouse gas
emissions through research and technical assistance.
TECHNICAL ASSISTANCE AND TRAINING
The bill provides $7,500,000 for technical assistance and
training activities under 49 U.S.C. 5314, to remain available
until September 30, 2023. The funding provided under this
heading is supplemental to the funding provided under the
heading ``Transit Formula Grants,'' as authorized by the
Infrastructure Investment and Jobs Act.
Cooperative agreements.--The agreement directs that not
less than $2,500,000 shall be for a cooperative agreement
consistent with the direction in House Report 117-99 and not
less than $1,500,000 shall be for a cooperative agreement for
a technical assistance center to assist small urban, rural,
and Tribal public transit recipients and planning
organizations with applied innovation and capacity building.
Transportation Research Board [TRB].--The agreement does
not include funding under this paragraph provided in House
Report 117-99.
CAPITAL INVESTMENT GRANTS
The bill provides $2,248,000,000 for fixed-guideway
projects, to remain available until expended. Of the funds
provided, $1,459,020,000 is available for new starts
projects, $345,000,000 is available for core capacity
projects, $321,500,000 is available for small starts
projects, $100,000,000 is available for the expedited project
delivery pilot program, and $22,480,000 is available for
oversight activities consistent with 49 U.S.C. 5338(c). The
bill directs the Secretary to administer the capital
investment grants [CIG] program and move projects through the
program to construction in accordance with the requirements
of 49 U.S.C. 5309 and section 3005(b) of the FAST Act. The
bill also clarifies that project sponsors may be concurrently
eligible for both the new starts and expedited project
delivery pilot programs.
As a result of changed conditions since the release of the
budget request, the agreement does not include the CIG table
contained under this heading in House Report 117-99. Amounts
provided are sufficient to support projects that currently
have executed grant agreements with the FTA, projects that
meet the requirements of 49 U.S.C. 5309 and are anticipating
grant agreements in fiscal year 2022, and activities
authorized under 49 U.S.C. 5309(b)(1).
Project management oversight [PMO] activities.--The
agreement directs the FTA to continue to submit to the House
and Senate Committees on Appropriations the quarterly PMO
reports for each project with a full funding grant agreement.
Pilot program for expedited project delivery program.--The
agreement directs the FTA to continue to work with current
and potential project sponsors to provide transparent
information about the selection process and the method by
which future interested project sponsors are able to
participate in the pilot program for expedited project
delivery.
Core capacity vehicle calculation.--The agreement directs
the FTA to reevaluate the calculation contained in the
``Final Capital Investment Grant Program Interim Policy
Guidance'' issued in June 2016, that it utilizes to determine
interior size of railcar capacity for making core capacity
eligibility determinations. In re-evaluating this
calculation, the FTA should ensure that the method recognizes
variation in vehicle configurations and provides flexibility
for agencies in demonstrating usable space per passenger in
the corridor for determining eligibility for core capacity
funding.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The bill provides $150,000,000 to carry out section 601 of
division B of Public Law 110-432, as amended by the
Infrastructure Investment and Jobs Act, to remain available
until expended.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSIONS)
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this act that remain
unobligated by September 30, 2025, for fixed guideway capital
investment projects to be available for projects to use the
funds for the purposes for which they were originally
provided.
Section 162 allows for the transfer of appropriations made
prior to October 1, 2021, from older accounts to be merged
into new accounts with similar current activities.
Section 163 prohibits the use of funds to adjust
apportionments pursuant to 26 U.S.C. 9503(e)(4).
Section 164 prohibits the use of funds to impede or hinder
project advancement or approval for any project seeking a
Federal contribution from the CIG program of greater than 40
percent of project costs.
Section 165 rescinds unobligated amounts made available in
prior fiscal years from the formula grants account.
Section 166 permits the use of unexpended balances
appropriated for low or no emission component assessment
under 49 U.S.C. 5312(h) to be used for specified capital
activities.
Great Lakes St. Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The bill provides $38,000,000 for the operations,
maintenance, and capital infrastructure activities of the
Great Lakes St. Lawrence Seaway Development Corporation
[GLS]. Of that amount, not less than $14,500,000 is provided
for the seaway infrastructure program. The agreement provides
$1,000,000 for trade and economic development activities at
the GLS, to be carried out in conjunction with system
stakeholders.
Seaway infrastructure program.--The agreement directs the
GLS to continue to submit an annual report to the House and
Senate Committees on Appropriations, no later than 90 days
after enactment of this act, summarizing the activities of
the seaway infrastructure program during the immediate
preceding fiscal year.
Maritime Administration
MARITIME SECURITY PROGRAM
The bill provides $318,000,000 for the maritime security
program, to remain available until expended.
CABLE SECURITY FLEET
The bill provides $10,000,000 for the cable security fleet
program, to remain available until expended.
TANKER SECURITY PROGRAM
The bill provides $60,000,000 for the tanker security fleet
program, to remain available until expended. The agreement
directs the Maritime Administration [MARAD] to brief the
House and Senate Committees on Appropriations on its efforts
to establish the tanker security fleet program no later than
90 days after enactment of this act.
[[Page H3039]]
OPERATIONS AND TRAINING
The bill provides $172,204,000 for MARAD's operations and
training account. The agreement provides the following
funding levels for specific activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
USMMA operations........................................... $85,032,000
USMMA facilities maintenance and repair, and equipment..... 5,500,000
Maritime environmental and technical assistance program.... 6,000,000
America's marine highway program........................... 14,819,000
MARAD headquarters operations.............................. 60,853,000
------------------------------------------------------------------------
Funding.--For amounts provided for the maritime
environmental and technical assistance program, MARAD is
directed to prioritize authorized activities that reduce
vessel and port air emissions. The agreement directs MARAD to
give preference to projects that reduce air emissions and
vehicle miles travel when awarding grants through the
America's marine highway program, other than for grant
applications related to noncontiguous trade as defined in 46
U.S.C. 53501(4).
MARAD staffing.--Instead of the vacancy report required in
House Report 117-99, the agreement directs MARAD to provide
the House and Senate Committees on Appropriations with
quarterly staffing data, including hiring and separations, by
program office for all positions funded by this act in the
MARAD headquarters operations and United States Merchant
Marine Academy [USMMA] operations PPA.
MARAD's USMMA oversight.--The agreement notes with strong
disappointment the ongoing, persistent, and systematic
failures by the Department and MARAD to conduct proper
oversight and management of the USMMA, which has impacted
efforts to address sexual assault and sexual harassment
prevention and response, created health and safety risks due
to severe maintenance backlogs, and delayed critical long-
term capital improvements projects. While the Department and
MARAD have begun to address these matters, more must be done
to rectify these urgent challenges at the USMMA. The
agreement directs MARAD to prioritize funding increases
provided for MARAD headquarters operations in this act, and
in the reprogramming request approved by the House and Senate
Committees on Appropriations on February 14, 2022, to improve
and strengthen its oversight and management of the USMMA.
Sexual assault and sexual harassment [SASH] at USMMA.--The
agreement notes that challenges with SASH persist at-sea
during sea year training and on the USMMA campus. On February
14, 2022, the House and Senate Committees on Appropriations
approved a reprogramming request to assist MARAD with
implementing SASH prevention and response policies and
procedures, addressing urgent at-sea training equipment
needs, improving governance and oversight of the USMMA, and
conducting further analysis to improve student and faculty
safety and welfare. The agreement directs MARAD to fully
staff the Sexual Assault/Sexual Harassment Prevention and
Response Office at the USMMA and the new Every Mariner Builds
a Respectful Culture [EMBARC] Office at MARAD. MARAD is
directed to continue to engage with U.S. commercial vessel
operators on the EMBARC SASH prevention standards in order to
enroll additional vessel operators in the sea year program.
Further, the agreement directs MARAD to continue to work
toward establishing concurrent criminal jurisdiction over the
USMMA campus as required by P.L. 115-232 and P.L. 116-94.
USMMA facility maintenance.--The agreement provides
$5,500,000 for facilities maintenance and repair, and
equipment, which is equal to the budget request. An
additional $3,000,000 was provided through a reprogramming
approved by the House and Senate Committees on Appropriations
on February 14, 2022, thereby providing a total funding level
of $8,500,000 for fiscal year 2022. The Department's failure
to appropriately plan for and manage routine maintenance of
USMMA facilities is unacceptable. While MARAD plans to
execute a comprehensive facilities and systems maintenance
contract this fiscal year, the USMMA, MARAD, and Department
are directed to identify and mitigate all fire safety,
heating, cooling, and boiler system failures within 30 days
of enactment of this act and to brief the House and Senate
Committees on Appropriations on the completion of such tasks
within such timeframe.
USMMA capital improvements projects.--The agreement notes
with concern that despite having over $57,000,000 in
available prior year funding to make capital improvements to
USMMA facilities, the Department, MARAD, and the USMMA have
failed to effectively execute a single renovation and
rehabilitation project of a major facility in over six years,
which has direct consequences on the quality of the education
provided to students and the ability to attract new entrants
to serve as future leaders in the United States Merchant
Marine. The agreement continues to direct MARAD to expand and
improve the capacity of USMMA staff in order to facilitate
the proper management and oversight of capital improvements
projects. However, recognizing that recruitment and retention
of such positions remains a challenge for the USMMA, the
agreement directs the Department to consider using design
build contracts in order to expedite the renovation of
academic facilities and related pier infrastructure this
fiscal year. Further, the USMMA, MARAD, and the Department
shall provide quarterly briefings to the House and Senate
Committees on Appropriations on the status of all short- and
long-term capital improvements projects and continue to
provide an annual report on all capital improvements projects
in the same manner and context as in previous fiscal years.
Secure composite shipping containers.--The agreement
encourages MARAD to collaborate with the Federal Maritime
Commission [FMC], Department of Defense, and Department of
Homeland Security to support the transition of secure
composite shipping containers into wider use to provide
increased security, shipment visibility, and cargo
facilitation. The agreement directs MARAD to use the existing
America's marine highway program and the port infrastructure
development program to promote and provide funding for secure
composite shipping containers, if available and if eligible.
STATE MARITIME ACADEMY OPERATIONS
The bill provides $423,300,000 for state maritime academy
[SMA] operations. The bill provides the following funding
levels for specific activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Training ships................................. $30,500,000
[Training vessel sharing].................... [not more than
$8,000,000]
National security multi-mission vessel program. 380,600,000
Student incentive program...................... 2,400,000
Fuel assistance payments....................... 3,800,000
Direct payments for SMAs....................... 6,000,000
------------------------------------------------------------------------
National security multi-mission vessel [NSMV].--The
agreement includes resources to fully fund the fifth and
final NSMV; address steel cost increases; and assist SMAs in
making shore-side infrastructure improvements to support the
delivery and operation of the NSMVs. Shore-side
infrastructure shall only include NSMV-specific improvements
required by MARAD to safely moor the vessels and other
improvements that are necessary for SMAs to receive the
NSMVs. MARAD shall notify the House and Senate Committees on
Appropriations prior to obligating any funds for shore-side
infrastructure improvements, and such notification shall
include the amount of funding provided by non-Federal sources
for such infrastructure.
The agreement directs MARAD to conduct vigorous oversight
of the vessel construction manager, as well as the shipyard,
to ensure the NSMVs are delivered on budget and on time.
MARAD is directed to continue to provide briefings to the
House and Senate Committees on Appropriations on the status
of the NSMV program on a quarterly basis, including detailed
reporting on the SMAs shore-side infrastructure improvements
needed to ensure successful delivery and operation of the
NSMVs, and to provide immediate notification of any
substantial risks to the construction schedule or cost.
ASSISTANCE TO SMALL SHIPYARDS
The bill provides $20,000,000 for the small shipyard grant
program, to remain available until expended.
SHIP DISPOSAL
The bill provides $10,000,000 for the ship disposal
program, to remain available until expended.
National maritime heritage grants program.--With the
increasing cost of scrap steel, MARAD is expected to ensure
it is able to secure the highest price possible from vessels
recycled through the ship disposal program. The funds
received from these sales are deposited into the vessel
operations revolving fund [VORF], and MARAD distributes
funding from the VORF according to the authorized purposes
and allocations under 54 U.S.C. 308704, including to the
national maritime heritage grants program. The agreement
supports the use of funding from the VORF for the national
maritime heritage grants program and directs MARAD to
continue to work with the National Park Service to ensure
that the portion of the VORF allocated for the national
maritime heritage grants program under 54 U.S.C.
308704(b)(1)(A) is distributed in a timely fashion.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $3,000,000 for administrative expenses of
the Title XI program and directs these funds to be
transferred to MARAD's operations and training account.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
The bill provides $234,310,000 for the port infrastructure
development program, to remain available until expended.
The agreement does not include direction included in House
Report 117-99 on eligibility requirements.
Prioritization.--The agreement directs MARAD to set aside
25 percent of the funds for small inland river and coastal
ports and terminals, as required by 46 U.S.C. 54301. The
agreement directs MARAD to allow Federal cost shares above 80
percent for projects in rural areas, as permitted by 46
U.S.C. 54301. The agreement encourages MARAD to consider
eligible port infrastructure development grants for small and
rural coastal seaports that had a disproportionate loss of
revenue in 2020 or 2021.
ADMINISTRATIVE PROVISION--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
[[Page H3040]]
Pipeline and Hazardous Materials Safety Administration
OPERATIONAL EXPENSES
The bill provides $29,100,000 for the necessary operational
expenses of the PHMSA, of which $4,500,000 shall remain
available until September 30, 2024. The agreement specifies
that $2,000,000 shall be for pipeline safety information
grants to communities as authorized by 49 U.S.C. 60130 and
$2,500,000 shall be for emergency response grants as
authorized by 49 U.S.C. 60125(b).
Protecting Our Infrastructure of Pipelines and Enhancing
Safety Act of 2020 [PIPES Act].--The agreement provides
sufficient resources to support the implementation of the
PIPES Act (division R of P.L. 116-260) for this fiscal year.
The agreement encourages the Department to complete the
report required under section 111(c) of such act in a timely
manner, and recognizes the importance of coordinating with
existing training and qualification centers in the execution
of this requirement.
Emergency response grants.--The agreement directs PHMSA to
consider expanding emergency response grants to rural
communities, to the extent permissible under law, and to work
with relevant authorizing committees to expand grant
eligibility to non-profit organizations providing emergency
response training and to communities outside of high
consequence areas.
HAZARDOUS MATERIALS SAFETY
The bill provides $66,829,000 for PHMSA's hazardous
materials safety functions, of which $12,070,000 shall remain
available until September 30, 2024. Funds made available
until September 30, 2024, are for long-term research and
development contracts, grants, and, in a more limited scope,
contract safety programs.
The agreement specifies that $1,000,000 shall be for
community safety grants authorized by 49 U.S.C. 5107(i),
$2,500,000 shall be for the state hazardous materials safety
inspection program, and $1,000,000 shall be for the
Assistance for Local Emergency Response Training [ALERT]
grants. The agreement directs PHMSA to prioritize ALERT
grants for training in rural areas.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The bill provides $182,650,000 for PHMSA's pipeline safety
program, to remain available until September 30, 2024. Of
that amount, $27,650,000 is derived from the oil spill
liability trust fund, $146,600,000 is derived from the
pipeline safety fund, $400,000 is derived from fees collected
under 49 U.S.C. 60303 and deposited in the liquefied natural
gas siting account, and $8,000,000 is derived from fees
collected under 49 U.S.C. 60302 and deposited in the
underground natural gas storage facility safety account.
The agreement provides the following levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Research and development................................ $13,000,000
State pipeline safety grants............................ 60,000,000
Underground natural gas storage facility safety grants.. 6,000,000
One-call state grants................................... 1,058,000
State damage prevention grants.......................... 1,500,000
------------------------------------------------------------------------
The agreement directs that some of the funds provided for
research and development shall be used for the pipeline
safety research competitive academic agreement program to
focus on near-term solutions in order to improve the safety
and reliability of the nation's pipeline transportation
system.
Enhanced positive response [EPR].--The agreement encourages
PHMSA to allow one-call state grants to be used for EPR to
advance broader adoption of this innovative technology.
EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
(EMERGENCY PREPAREDNESS FUND)
The bill provides an obligation limitation of $28,318,000
for emergency preparedness grants, to remain available until
September 30, 2024.
The agreement encourages PHMSA to train public sector
emergency response personnel in communities on or near rail
lines, which transport a significant volume of high-risk
energy commodities or toxic inhalation hazards.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $103,150,000 for the salaries and
expenses of the Office of Inspector General.
NextGen.--The agreement directs the Office of Inspector
General to report on the extent to which the costs and
benefits of NextGen programs can change due to external
factors (such as weather), and actions taken by airlines
(such as equipage and number of flights), airports, and other
external stakeholders.
General Provisions--Department of Transportation
Section 180 provides authorization for the DOT to maintain
and operate aircraft, hire passenger motor vehicles and
aircraft, purchase liability insurance, pay for uniforms, and
purchase and operate unmanned aircraft systems.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 up to the rate permitted for an executive
level IV.
Section 182 prohibits recipients of funds in this act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 183 prohibits funds in this act for salaries and
expenses of more than 125 political and presidential
appointees in the Department of Transportation.
Section 184 stipulates that revenue collected by the FHWA
and the FRA from states, counties, municipalities, other
public authorities, and private sources for training may be
credited to specific accounts within the agencies with an
exception for state rail safety inspectors participating in
training.
Section 185 prohibits the DOT from using funds to make a
loan, loan guarantee, line of credit, letter of intent,
Federally funded cooperative agreement, full funding grant
agreement, or discretionary grant unless the DOT gives a 3-
day advance notice to the House and Senate Committees on
Appropriations. The provision requires the DOT to provide a
comprehensive list of all such loans, loan guarantees, lines
of credit, letters of intent, Federally funded cooperative
agreements, full funding grant agreements, and discretionary
grants that will be announced with a 3-day advance notice to
the House and Senate Committees on Appropriations. The
provision also requires concurrent notice of any ``quick
release'' of funds from FHWA's emergency relief program, and
prohibits notifications from involving funds not available
for obligation.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of the
DOT.
Section 187 requires reprogramming actions to be approved
or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 188 allows funds appropriated to operating
administrations to be obligated for the Office of the
Secretary for costs related to assessments only when such
funds provide a direct benefit to the operating
administrations.
Section 189 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits,
including distribution of transit benefits.
Section 190 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference
not otherwise authorized by law, only if certain requirements
are met related to availability of local labor, displacement
of existing employees, and delays in transportation plans.
Section 191 directs the Secretary of Transportation to work
with the Secretary of Homeland Security to ensure that best
practices for industrial control systems procurement are up
to date and that systems procured with funds provided under
this title were procured using such practices.
Section 192 allows amounts from improper payments to a
third-party contractor that are lawfully recovered by the DOT
to be made available until expended to cover expenses
incurred in the recovery of such payments.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Broadband.--The agreement encourages the Department to help
address the gap in broadband access among HUD-assisted
households by: (1) continuing the connecthome initiative; (2)
working in partnership with the U.S. Department of
Agriculture [USDA] and the Federal Communications Commission
[FCC] to improve broadband connectivity and promote the
lifeline universal service program; and (3) providing
relevant data, guidance, and technical assistance to HUD
grantees to target resources efficiently to increase
broadband connectivity. The agreement encourages the
Department to consider needs of specific populations, such as
elderly residents and residents with disabilities, in
implementing these actions.
Energy codes.--The agreement encourages HUD to work in
partnership with USDA to expeditiously update minimum energy
efficiency standards, as required by law, for HUD-owned and
subsidized properties.
GAO priority recommendations.--The agreement directs HUD,
within 30 days of enactment of this act, to report to the
House and Senate Committees on Appropriations on the steps it
has taken in fiscal year 2021 to implement the 13 outstanding
priority recommendations made by GAO and additional actions
the Department will undertake in fiscal year 2022 to
implement these recommendations.
Organizational charts and staffing realignments.--The
agreement directs HUD to submit, in consultation with the
House and Senate Committees on Appropriations, current and
accurate organizational charts for each office within the
Department as part of the fiscal year 2023 congressional
justifications. HUD is further directed to submit any staff
realignments or restructuring to the House and Senate
Committees on Appropriations, consistent with section 405 of
this act.
Appropriations attorneys.--The agreement funds
appropriations attorneys in the Office of the Chief Financial
Officer [OCFO] and directs the Department to refer all
appropriations law issues to such attorneys within the OCFO.
The agreement also encourages HUD to ensure the office has
adequate personnel and non-personnel resources to fulfill
their responsibilities, including the training of
[[Page H3041]]
HUD staff in funds control procedures and directives, as
required by section 215 of this act.
Review of COVID-19 flexibilities and participation.--The
agreement directs HUD to submit a report to the House and
Senate Committees on Appropriations within 180 days of
enactment of this act on: the impact of the statutory and
regulatory flexibilities for COVID-19; implementation
similarities and differences between programs; and
recommendations for enhancing the effectiveness of service
provision. Additionally, the agreement directs HUD, in
consultation with the Department of the Treasury and the
Consumer Financial Protection Bureau, to report to the House
and Senate Committees on Appropriations within 120 days of
enactment of this act on the estimated number of renters and
homeowners who were behind on payments, but did not
participate in emergency COVID-19 relief. The agreement also
directs HUD to coordinate with the Department of the Treasury
to evaluate the effectiveness of Emergency Rental Assistance
programs in helping households avoid eviction and
homelessness and maintain housing stability.
Rural areas.--The agreement urges the Department to enhance
its efforts to provide decent, affordable housing and to
promote economic development for Americans living in rural
areas. When designing programs and making funding decisions,
the Department shall take into consideration the unique
conditions, challenges, and scale of rural areas.
EXECUTIVE OFFICES
The agreement includes $15,200,000 for the salaries and
expenses for executive offices, available until September 30,
2023. The agreement directs HUD to outline how budgetary
resources will be allocated among the seven offices funded
under this heading as part of the Department's operating plan
for fiscal year 2022.
Affordable housing and construction costs.--The agreement
limits the scope of the GAO report on cost trends directed in
House Report 117-99 to the self-help and assisted
homeownership opportunity program.
Collaboration with the Department of Health and Human
Services [HHS].--The agreement does not include the direction
in House Report 117-99 regarding collaboration with HHS on a
decision-support tool for health prevention efforts. Instead,
the agreement encourages HUD and HHS to collaborate on best
practices to improve health outcomes for households served by
HUD's programs.
HUD staffing assessment.--Instead of a GAO study as
directed in House Report 117-99, the agreement directs HUD to
provide a briefing on field office vacancies not later than
100 days after enactment of this act.
Top management challenges.--Instead of a report as directed
in House Report 117-99, the agreement directs the Department
to provide a briefing on the progress of the executive task
force to address the Office of Inspector General's 2020 and
2021 top management challenges within 30 days of enactment of
this act.
ADMINISTRATIVE SUPPORT OFFICES
The agreement provides $607,000,000 for the salaries and
expenses for administrative support offices, available until
September 30, 2023. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Chief Financial Officer.......... $82,000,000
Office of the General Counsel.................. 114,000,000
Office of Administration....................... 212,000,000
Office of the Chief Human Capital Officer...... 46,200,000
Office of the Chief Procurement Officer........ 25,000,000
Office of Field Policy and Management.......... 60,500,000
Office of Departmental Equal Employment 4,300,000
Opportunity...................................
Office of the Chief Information Officer........ 63,000,000
------------------------
Total...................................... 607,000,000
------------------------------------------------------------------------
Expired balances report.--The agreement directs HUD to
submit a report on expired balances within 90 days of the end
of each fiscal year, and to identify amounts by account and
line item, including carryover and recaptures.
Hiring and separation report.--The hiring and separation
report directed in House Report 117-99 shall be submitted
semiannually.
Office of Administration [OA].--The agreement does not
approve the proposed consolidation of the OA, the Office of
the Chief Human Capital Officer, and the Office of the Chief
Procurement Officer into a single funding line or the
proposed reorganization to create the Office of Government
Information Management, and does not approve the creation of
any new offices within the OA.
Office of Disaster Management.--The agreement approves the
proposed reorganization of Disaster Emergency Management and
Security Functions, as transmitted to the House and Senate
Committees on Appropriations on February 7, 2022. This
reorganization creates an Office of Disaster Management that
reports directly to the Deputy Secretary to improve
coordination and delivery of disaster assistance to
communities and families.
Office of the Chief Financial Officer [OCFO].--The
agreement encourages the OCFO to identify ongoing contract
costs that are necessary and appropriate to sustain HUD's
unqualified audit opinion and compliance with financial
management requirements, and directs HUD to detail such
contract expenses in its operating plans and congressional
justifications. The agreement approves the proposed
reorganizations to consolidate the Reports and Control
Division with the Payments and Collections Division, as well
as associated renaming of multiple branches; and to create
the Financial Data Reporting and Analysis Division within the
Assistant CFO [ACFO] for Systems. The agreement does not
approve the proposed reorganizations to create a Customer
Experience Division within the ACFO for Budget or the
creation of an Office of Chief Risk Officer. The agreement
does not include any funding for the creation of a customer
experience advisory board or other customer experience
activities within the OCFO.
Office of the Chief Procurement Officer [OCPO].--The
agreement directs the Department to prioritize hiring
additional staff for OCPO with an emphasis on the caliber and
experience of new hires and to support the professional
development of current staff.
Office of Field Policy and Management [OFPM].--The
agreement directs HUD to support the existing promise zone
designations for the length of their agreements, and directs
the OFPM to work with designees to provide any OMB-requested
data to effectively evaluate the initiative.
PROGRAM OFFICES
The agreement provides $965,500,000 for the salaries and
expenses for program offices, available until September 30,
2023. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of Public and Indian Housing.................. $253,500,000
Office of Community Planning and Development......... 147,000,000
Office of Housing.................................... 431,000,000
Office of Policy Development and Research............ 35,000,000
Office of Fair Housing and Equal Opportunity......... 88,000,000
Office of Lead Hazard Control and Healthy Homes...... 11,000,000
------------------
Total............................................ 965,500,000
------------------------------------------------------------------------
Empowerment zones [EZs].--The agreement modifies the
direction included in House Report 117-99 by instead
directing the GAO to summarize and submit a report to the
House and Senate Committees on Appropriations not later than
180 days after the enactment of this act on its long-standing
recommendations regarding the fragmented administration and
limited data collection on EZs, which impairs evaluating
their cost-effectiveness.
New housing in high-cost metropolitan areas.--The agreement
directs HUD to report to the House and Senate Committees on
Appropriations within 90 days after the enactment of this act
on identified metropolitan areas where income concentration
and housing supply constraints are most prevalent and
recommend best practices for localities and states to help
encourage the production of new housing in high-cost
metropolitan areas.
Office of Community Planning and Development [CPD].--With
new funding and available carryover, the agreement supports
nearly 100 additional FTE, of which not less than 15 FTE are
provided to support the workload increase associated with
community investments for economic development initiatives.
The agreement directs HUD to inform the House and Senate
Committees on Appropriations within 15 days of enactment of
this act regarding how it is implementing this hiring
direction. The agreement also approves the proposed
reorganization to establish an Office of Disaster Recovery,
realign existing functions of the Disaster Recovery and
Special Issues Division, and realign the Office of Grant
Programs' Coordinating Officer for Disaster Recovery and
associated staff to this new office.
Office of Housing.--The agreement approves the Department's
proposed reorganization to relocate the Office of
Manufactured Housing Programs to the Office of the Assistant
Secretary for Housing--FHA Commissioner. The agreement
directs the Department to report within 90 days of enactment
of this act on actions taken by the Department in response to
recent increased volume in FHA multifamily housing, the
efficacy of workload sharing, consistency of processes
between regions, and lessons learned to inform future risk
management plans and better prepare for future volume surges.
Office of Public and Indian Housing [PIH].--With new
funding and available carryover, the agreement supports an
estimated 100 additional FTE, of which no less than 15 FTE
are for the Office of Native American Programs, and no less
than 35 FTE are for the Office of Public Housing and Voucher
Programs. The agreement directs HUD to inform the House and
Senate Committees on Appropriations within 15 days of
enactment of this act regarding how it is implementing the
agreement's hiring direction.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the working capital fund [WCF], the agreement permits
only centralized activities and funds from this account to
include Federal shared services for financial management,
procurement, travel, relocation, human resources (including
the Treasury Executive Institute contract), printing, records
management, space renovation, furniture, and supply services.
Financial management, procurement, travel, and relocation
costs for services provided to the Office of Inspector
General are to be covered by the OCFO. The agreement does not
expand the authority, as proposed in the budget request, to
include information technology customer devices, financial
management services full cost recovery, or any other activity
not expressly permitted in this act. The agreement also
requires HUD to include in its annual operating plan a
detailed outline of its plans for transferring budgetary
resources to the WCF in fiscal year 2022.
[[Page H3042]]
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
The bill provides $27,369,641,000 to be available until
expended for all tenant-based section 8 activities under the
tenant-based rental assistance account.
The bill includes $24,095,029,000 for the renewal of
tenant-based vouchers. This amount includes funding to renew
veteran affairs supportive housing [VASH] vouchers funded in
prior years and also includes up to $5,000,000 for Tribal
HUD-VASH renewals.
The bill provides $200,000,000 in new incremental vouchers
to expand affordable housing opportunities to low-income
people (including families and individuals experiencing
homelessness and survivors of domestic violence), $50,000,000
for new incremental VASH vouchers, $30,000,000 for new
incremental family unification vouchers; $25,000,000 for
mobility-related services; and $100,000,000 for tenant
protection vouchers [TPVs].
Administrative fees.--The agreement directs HUD to consult
with public housing agencies [PHAs], advocates, and
researchers, and provide a report to the House and Senate
Committees on Appropriations on ways to make the
administrative fee formula more relevant to what it costs to
administer a high-performing and efficient voucher program
today, and report on the findings and recommendations within
180 days of enactment of this act.
HUD-VASH.--The agreement directs HUD and the VA to work
collaboratively to develop performance metrics to track and
assess the impact of program flexibilities on utilization,
the reasons for unused funds, the effectiveness of the
program, and the distribution of resources. The agreement
continues to encourage HUD to use existing authority to
recapture HUD-VASH voucher assistance from PHAs that
voluntarily declare they no longer have a need for that
assistance, and to reallocate such HUD-VASH voucher
assistance to PHAs with an identified need. The agreement
directs HUD to expeditiously provide the report directed by
the fiscal year 2021 joint explanatory statement on methods
to reallocate unused HUD-VASH vouchers, which shall include a
determination of the feasibility of issuing a new
solicitation of participation for unallocated HUD-VASH
vouchers.
Limited English proficiency [LEP].-- The agreement directs
the Office of Public and Indian Housing to work in
collaboration with the Office of Fair Housing and Equal
Opportunity to issue guidance to PHAs to clarify the
eligibility of PIH program funds for LEP-related activities
and identify best practices for language access plans and
cost-effective strategies for accessing robust language
assistance within 180 days of enactment of this act.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The bill includes language allowing unobligated balances in
the housing certificate fund to be used for the renewal of or
amendments to section 8 project-based contracts and for
performance-based contract administrators.
PUBLIC HOUSING FUND
The agreement provides $8,451,500,000 for the public
housing fund to remain available until September 30, 2025.
Within the total, the agreement provides $5,038,500,000 for
the public housing operating formula for 2022 payments;
$25,000,000 for need-based allocations to PHAs that
experience or are at risk of financial shortfalls;
$3,200,000,000 for allocations to PHAs through the capital
fund formula; $75,000,000 for emergency capital needs, of
which $45,000,000 shall be for PHAs under receivership or
under the control of a federal monitor, and of which not less
than $10,000,000 is for safety and security measures;
$65,000,000 for competitive grants to public housing agencies
to evaluate and reduce residential health hazards, including
lead-based paint, carbon monoxide, mold, radon, and fire
safety, of which not less than $25,000,000 is specifically
for lead-based paint hazards; $15,000,000 for administrative
and judicial receiverships; and $33,000,000 for public
housing financial and physical assessment activities.
Operating formula grants.--The funding provided for
operating formula grants includes funding for resident
participation activities, including tenant organizing
activities, capacity building and technical assistance, and
access to community services.
Energy and water performance.--The agreement does not
include directions in House Report 117-99 on the energy
performance contracting initiative pilot and instead
encourages HUD to work with PHAs participating in energy
performance contracting to address energy deficiencies in
public housing.
Physical needs and energy conservation.--The agreement
encourages the Department to consult with stakeholders to
identify the most critical data gaps on physical needs and
energy efficiency and ways to limit PHA burden in collection
in addressing those gaps.
Shortfall funding.--The agreement directs that the
allocation of financial shortfall funds shall first be
prioritized to PHAs with 249 or fewer public housing units
that are determined to be experiencing shortfalls and have
less than one month of reserves before allocating funds to
larger PHAs.
Administrative and judicial receiverships.--The agreement
directs HUD to report quarterly to the House and Senate
Committees on Appropriations on the status of PHAs under
receivership, including factors that informed the
receivership such as physical and financial scores,
deficiencies with internal controls, and other information
demonstrating each PHA's inability to effectively oversee
their business operations. This report shall also include an
identification of funding resources and technical assistance
provided to each PHA for the purpose of transitioning out of
receivership and how HUD will address deficiencies in an
effort to return the respective PHAs to local control.
Quality assurance of physical inspections.--The agreement
directs the Department to identify how funds provided for the
Real Estate Assessment Center [REAC], including any carryover
balances, will be utilized during fiscal year 2022 as part of
the operating plan required by section 405 in this act. The
agreement also directs the Department to submit to the House
and Senate Committees on Appropriations within 90 days of
enactment of this act a report on REAC inspections of all HUD
assisted and/or insured properties. This report shall
include: the percentage of all inspected properties that
received a REAC-inspected score of less than 65 since
calendar year 2013; the number of properties in which the
most recent REAC-inspected score represented a decline
relative to the previous REAC-inspected score; a list of the
ten metropolitan statistical areas with the lowest average
REAC-inspected scores for all inspected properties; and a
list of the ten states with the lowest average REAC-inspected
scores for all inspected properties.
The agreement also directs HUD to brief the House and
Senate Committees on Appropriations during fiscal year 2022
at key milestones in implementation and rulemaking related to
the national standards for the physical inspection of real
estate [NSPIRE] inspection model, and include in such
briefings details on how open GAO recommendations are being
addressed, and HUD's progress in addressing its inspection
backlog.
Recycling and zero waste.--The agreement does not include
funding for the recycling and zero waste pilot program
included in House Report 117-99. Instead, the agreement
directs HUD to submit the overdue report on HUD's evaluation
of methods of supporting and expanding recycling and zero
waste programs in public housing required in the fiscal year
2021 joint explanatory statement within 60 days of enactment
of this act.
Emergency and safety and security grants.--Within the
amounts provided for emergency capital needs, the agreement
directs the Department to fund eligible safety and security
projects as quickly as possible, and directs HUD to award the
funds for PHAs under receivership or under the control of a
Federal monitor based on need and not be subject to a cap on
individual grant award amounts.
Residential health hazards.--The agreement prohibits the
Department from deeming any PHA, including those that are
troubled, substandard, or are under the direction of a
monitor or a court-appointed receiver, to be ineligible to
apply for or receive funding, provided that the PHA is in
compliance with any current memorandum of agreement or
recovery agreements. The agreement also prohibits HUD from
deeming any PHA as ineligible to apply for or receive funding
that has a violation or violations of the lead safe housing
or lead disclosure rules and that present documentation
establishing it is working in good faith to resolve such
findings by meeting any deadlines it was required to reach
under the terms of a settlement agreement, consent decree,
voluntary agreement, or similar document as of the date of
application. The Department is also prohibited from
precluding funds from being used to carry out work to settle
an outstanding violation. The agreement continues to expect
the Department to work with PHAs to ensure that the
initiative reflects the unique needs of the industry and
strongly encourages HUD to work with PHAs, their maintenance
staff, and tenants to help ensure potential lead-based paint
risks are identified and addressed expeditiously.
The agreement directs PIH to continue to work with the
Office of Lead Hazard Control and Healthy Homes to improve
its monitoring processes and develop procedures to ensure
that HUD staff take consistent and timely steps to address
health hazards, as recommended by the GAO.
Public housing agency accreditation.--The agreement reminds
the Department that the fiscal year 2021 joint explanatory
statement directed HUD to report to the House and Senate
Committees on Appropriations on the feasibility of
partnerships between HUD and entities that provide
accreditation services to PHAs to improve PHA governance and
financial management.
Public housing data dashboard.--The agreement urges the
Department to swiftly put into place a public dashboard for
the public housing program.
CHOICE NEIGHBORHOODS INITIATIVE
The bill provides $350,000,000 for the choice neighborhoods
initiative, to remain available until September 30, 2026. Of
this amount, not less than $175,000,000 shall be made
available to PHAs and not more than $10,000,000 is available
for planning grants.
The agreement directs HUD to give recipients of prior year
planning grants priority consideration for implementation
grant awards.
The bill increases the maximum amount of implementation
grant funding that may be used for supportive services
activities to not
[[Page H3043]]
more than 20 percent. In implementing this authority, the
agreement directs HUD to ensure grantees utilize an
appropriate mix of allowed funding mechanisms and do not
solely rely upon a supportive services endowment trust.
SELF-SUFFICIENCY PROGRAMS
The bill provides $159,000,000 for self-sufficiency
programs, to remain available until September 30, 2025. Of
the total, $109,000,000 is for the family self-sufficiency
[FSS] program, $35,000,000 is for the resident opportunity
and self-sufficiency program, and $15,000,000 is for the
jobs-plus initiative.
Family self-sufficiency program.--The agreement expects HUD
to continue to provide technical assistance and training as
appropriate in order to share best-practices on the FSS
program.
Easing barriers to FSS participation.--For new families
enrolling in the FSS program in 2022, the agreement directs
that the income and rent amounts to be used in the ``Program
Contract of Participation'' shall be taken from the amounts
on the last reexamination or interim determination before the
family's initial participation in the FSS program.
FSS data.--The agreement directs HUD to include in its
annual budget submission to Congress data showing FSS
participation, escrow accumulation, and graduation rates for
the FSS program, including data from participating entities
without coordinator grants.
FSS performance measurement system.--The agreement supports
efforts to update FSS's performance measurement system and
notes that HUD is in the process of improving the quality of
the data and analysis of FSS programs. The agreement directs
HUD to brief the House and Senate Committees on
Appropriations on the proposed improvements to the
performance measurement system no later than 30 days after
its completion of this effort.
NATIVE AMERICAN PROGRAMS
The bill provides $1,002,086,000 for Native American
programs, to remain available until September 30, 2026. The
bill provides the following levels for specific activities
within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Native American housing block grants--formula........... $772,000,000
Native American housing block grants--competitive....... 150,000,000
Title VI loan program................................... 1,000,000
Indian community development block grant................ 72,086,000
Training and technical assistance....................... 7,000,000
------------------------------------------------------------------------
The agreement directs HUD to include activities that
improve water or energy efficiency or increase resilience to
natural hazards as eligible projects for the Native American
housing block grants--competitive and the Indian community
development block grant programs.
Competitive grants.--In addition to the direction in House
Report 117-99, the agreement directs HUD to solicit feedback
from Tribes on the competition process and challenges, and to
brief the House and Senate Committees on Appropriations
within 180 days of enactment of this act on the results of
that outreach.
Coordinated environmental reviews for Tribal housing and
related infrastructure.--The agreement directs HUD to
continue its efforts to collaborate with its Federal agency
partners to develop a coordinated environmental review
process to simplify and streamline Tribal housing development
and its related infrastructure needs in order to eliminate
unnecessary Federal barriers to housing development in Tribal
communities while also balancing the need to ensure
appropriate and necessary environmental protections. HUD is
expected to routinely report to the House and Senate
Committees on Appropriations on task force meetings, action
items, goals, and recommendations.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The bill provides $3,000,000 for the cost of guaranteed
loans, to remain available until expended. The bill provides
an additional $500,000 for administrative contract expenses
to carry out the loan guarantee program, to remain available
until expended. The bill allows HUD to use funds in this and
prior acts for the cost of guaranteed loans that are
unobligated to subsidize a total loan level of not more than
$1,400,000,000, to remain available until September 30, 2023.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
The bill provides $22,300,000 for the Native Hawaiian
housing block grant program, to remain available until
September 30, 2026.
The agreement directs HUD to ensure that the funds provided
are administered to maximize the provision of affordable
housing through the construction of high density, multi-
family affordable housing and rental units, as well as
housing counseling services and the rehabilitation of housing
on Native Hawaiian homelands that do not meet safe and
sanitary housing building standards.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING RESCISSION)
The bill provides not more than $28,000,000 in loan
guarantee commitment authority, including the authority to
guarantee refinance loans. The bill rescinds previously
appropriated credit subsidy that is no longer viable in order
to align credit programs with an annual loan limitation based
on estimated demand as recommended in the budget request.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The agreement provides $450,000,000 for housing
opportunities for persons with AIDS [HOPWA] program, to
remain available until September 30, 2023, except that
amounts allocated pursuant to 854(c)(5) shall remain
available until September 30, 2024.
Improved coordination between HOPWA and the Ryan White HIV/
AIDS programs.--The agreement directs HUD and the HHS to
provide a joint briefing to the House and Senate Committees
on Appropriations not later than 90 days after enactment of
this act on the challenges and opportunities for better
collaboration, including, but not limited to, data sharing,
duplication of efforts, and grantee capacity to inform
improved service delivery for all grantees for the HOPWA and
Ryan White HIV/AIDS programs.
COMMUNITY DEVELOPMENT FUND
The bill provides $4,841,409,207 for the community
development fund, to remain available until September 30,
2025. Of the total, the bill provides $3,300,000,000 in
community development block grant [CDBG] formula funding,
$25,000,000 for activities authorized under section 8071 of
the SUPPORT for Patients and Communities Act, and
$1,516,409,207 for economic development initiatives.
Data in rural communities.--The agreement encourages HUD to
extend flexibilities for the use of alternative data for
rural communities with less than 1,000 residents when a CDBG
applicant considers American community survey data to be
unreliable.
CDBG timely performance reviews.--To ensure HUD's
regulations for entitlement grantees allow for an appropriate
amount of time to effectively allocate funds to projects
after annual grants are awarded, the Department should review
in consultation with grantees its timely expenditure
regulations.
CDBG disaster recovery [CDBG-DR].--The agreement directs
HUD to take appropriate actions to streamline and improve
program operations.
The agreement also directs HUD to brief the House and
Senate Committees on Appropriations, within 90 days of
enactment of this act, on recent and planned improvements to
the disaster recovery grant reporting system, best practices
in IT systems by past CDBG-DR grantees, and options for HUD
deployment of shared IT systems or modules to limit grantee
costs and burden.
The agreement further directs HUD, in coordination with the
Federal Emergency Management Agency [FEMA], to provide a
joint briefing to the House and Senate Committees on
Appropriations, within 180 days of enactment of this act, on:
(1) actions the agencies are taking to improve data sharing
and integration, (2) how such efforts are staffed,
coordinated, and monitored across the agencies to ensure
continual progress, (3) how such efforts can reduce redundant
and burdensome data collection from survivors, (4) known
challenges and barriers to advancing data sharing, (5)
safeguards to protect survivor privacy, and (6) key lessons
learned from prior efforts. Improved collaboration is
essential to rapidly deploying assistance, preventing
duplication, and ensuring funds go where they are needed
most. The agreement expects the Department and FEMA to pay
careful attention to the recovery needs of low-income and
other vulnerable households, who are most likely to be
displaced.
Disaster recovery acceleration funds.--Lower income
disaster survivors often face the longest timelines and the
most significant barriers to recovery. The agreement is aware
that organizations, like SBP in New Orleans, Louisiana and
Enterprise Community Partners, are working to help these
survivors rebuild faster through the use of recovery
acceleration funds, which use private capital to help low-
and moderate-income households finance the upfront costs to
repair their homes while waiting for reimbursement from
Federal funding. The agreement urges HUD to prioritize the
acceleration of disaster recovery funds for eligible
individuals and families, and to explore the utilization of
mechanisms, like recovery acceleration funds, to speed
recovery.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
The bill provides the authority to collect fees from
borrowers adequate to result in a subsidy cost of zero and an
aggregate limitation on commitments of no more than
$300,000,000 for loan guarantees under section 108.
HOME INVESTMENT PARTNERSHIPS PROGRAM
The bill provides $1,500,000,000, to remain available until
September 30, 2025, for the HOME investment partnerships
program.
Affordable housing needs.--The agreement supports
innovative projects that combine public and private capital
and directs HUD to continue to work to expand the supply and
affordability of housing for low- and very low-income people.
Reconciling income guidelines for disabled veterans.--The
income guidelines for HUD's HOME program and the Department
of the Treasury's Low Income Housing Tax Credit [LIHTC]
program vary, and reconciling the two program's requirements
can be challenging. The agreement directs the Department to
work with the Department of the Treasury to determine
policies that align HUD and LIHTC guidelines to address the
housing needs of low-income disabled veterans.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The bill provides $62,500,000 to remain available until
September 30, 2024. The bill
[[Page H3044]]
provides the following funding levels for specific activities
within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Self-help homeownership opportunity $12,500,000
program [SHOP].....................
Section 4 program................... 41,000,000
[Rural capacity building [not less than $5,000,000]
activities]......................
National rural capacity building.... 5,000,000
Veterans housing rehabilitation and 4,000,000
modification pilot program.........
------------------------------------------------------------------------
Multiyear agreements.--The agreement does not include the
direction in House Report 117-99 on multiyear agreements. The
bill provides HUD the authority to enter into multiyear
agreements for the section 4 capacity building for community
development and affordable housing program [section 4],
subject to the availability of annual appropriations. When
utilizing this authority, the agreement directs HUD to
include information in the multiyear NOFO outlining HUD's
process for re-evaluating grantees each fiscal year to
determine funding awards for appropriated funds from
subsequent fiscal years that are covered by the multiyear
NOFO and multiyear agreement.
Section 4 program.--The agreement directs funds available
for the section 4 program to be used solely for capacity
building activities. The agreement also encourages targeted
capacity building activities to address housing affordability
and physical needs in Tribal communities and populations
through the section 4 program.
National organization definition.--For the purposes of the
national rural capacity building NOFO, the agreement directs
HUD to define an eligible national organization as ``a
nonprofit entity, which has ongoing experience in rural
housing, including experience working with rural housing
organizations, local governments, and Indian Tribes, as
evidenced by past and continuing work in one or more states
in eight or more of HUD's Federal regions.''
Assistance for low-income and disabled veterans.--The
agreement notes that HUD is now processing the veterans
housing rehabilitation and modification pilot program NOFO
and awards in a timely manner and expects additional funding
in this and any future year appropriations to receive similar
due diligence.
Land acquisition costs.--The agreement encourages HUD to
consider increasing the cap for the combined cost of land
acquisition and infrastructure improvements per SHOP unit for
the fiscal year 2022 NOFO.
HOMELESS ASSISTANCE GRANTS
The agreement provides $3,213,000,000 to remain available
until September 30, 2024, for homeless assistance grants.
Funding is provided in the amounts shown in the following
table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Emergency solutions grants................ $290,000,000
Continuum of care [CoC] and rural housing 2,809,000,000
stability assistance.....................
Projects to assist survivors of domestic [not less than 52,000,000]
violence, dating violence, sexual
assault or stalking....................
National homeless data analysis project... 7,000,000
Comprehensive approach to serving homeless 107,000,000
youth....................................
Youth homelessness system improvement [not less than 25,000,000]
grants.................................
Technical assistance.................... [up to 10,000,000]
-----------------------------
Total................................. 3,213,000,000
------------------------------------------------------------------------
The agreement modifies the House Report 117-99 directive
under this heading to not prioritize investigations or
outreach to specific homeless subpopulations.
COVID-19 impacts.--The agreement modifies the House Report
117-99 directive under this heading by replacing the report
with a briefing.
Comprehensive interventions to prevent and end youth
homelessness.--The agreement directs HUD to ensure that
sufficient technical assistance resources and equal
consideration for youth homelessness system improvement
grants are provided to rural areas. The agreement encourages
HUD to incorporate the following components when awarding
youth homelessness system improvement grants: youth
collaboration in project design and implementation, including
establishment of local youth advisory boards; quality data
collection, management, utilization, and evaluation; direct
coordination and communication with service providers; cross-
system partnerships including juvenile justice, child
welfare, and education systems; and prevention and diversion
strategies. The agreement prohibits youth homelessness system
improvement grants from being used for services or housing.
Lastly, the agreement directs HUD to provide information on
successful youth transitional housing models on its website.
Services for youth experiencing homelessness.--The
agreement encourages HUD to facilitate collaboration between
CoCs and specialty partners that provide mental health
services, including suicide prevention, for youth
experiencing homelessness. The agreement further encourages
HUD to inform grantees of methods to strategically provide
educational and outreach resources to secure the necessary
mechanisms and technologies to assist youth in confidentially
accessing mental health services in times of crisis.
Tribal inclusion in youth homelessness demonstration
program [YHDP].--The agreement encourages HUD to include
Tribes and tribally designated housing entities as eligible
recipients in the fiscal year 2022 YHDP NOFO.
Annual homeless assessment report [AHAR].--The agreement
directs HUD to incorporate additional Federal data on
homelessness, particularly as it relates to youth
homelessness, into the AHAR and to submit the report to the
House and Senate Committees on Appropriations by August 29,
2022.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The bill provides $13,940,000,000 for project-based rental
assistance activities, to remain available until expended,
including $13,540,000,000 to be available on October 1, 2021,
and an advance appropriation of $400,000,000 to be available
on October 1, 2022. Of the total, not more than $355,000,000
is for performance-based contract administrators and up to
$5,000,000 is for tenant education and outreach, which
combined with available prior year funding will be sufficient
to support tenant organizing activities, capacity building,
and technical assistance. The agreement does not provide the
funding requested for service coordinators.
Performance-based contract administrators.--The agreement
directs HUD to ensure that any solicitation for performance-
based contract administrators does not impede housing finance
agencies from bidding on state-based contracts.
Managing troubled properties.--The agreement directs HUD to
submit a report to the House and Senate Committees on
Appropriations within 90 days of enactment of this act
regarding the status, results, and enforcement actions, if
any, of all physical inspections over the last five years of
properties that received funding under this heading. If a
property had not been inspected under the inspection timeline
set by 24 C.F.R. 200.857(b), the report shall include a
detailed explanation for why uniform physical condition
standards were not applied.
HOUSING FOR THE ELDERLY
The agreement provides $1,033,000,000 for the section 202
program, to remain available until September 30, 2025, of
which up to $125,000,000 shall be for service coordinators
and the continuation of existing congregate service grants.
Of the total, up to $199,000,000 is for new capital advance
and project rental assistance contracts, of which up to
$10,000,000 is for the expansion of intergenerational
dwelling units, and up to $6,000,000 is to support
preservation transactions of housing for the elderly
originally developed by a capital advance and assisted by a
project rental assistance contract.
Investments in new construction.--The agreement directs the
Department to make all remaining funding provided in fiscal
years 2019, 2020, and 2021 available within 60 days of
enactment of this act, and to award that funding within 180
days of enactment of this act.
Service coordinators.--The agreement directs the Department
to implement the following recommendations from the GAO
report entitled ``Elderly Housing: HUD Should Do More to
Oversee Efforts to Link Residents to Services'' (GAO-16-758):
(1) continue to improve the accuracy of the Department's data
on section 202 properties with service coordination; (2)
develop and make available written guidance on assessing
compliance with supportive services requirements; and (3)
develop and implement procedures for verifying and analyzing
performance data. The agreement directs the Department to
report to the House and Senate Committees on Appropriations
within 60 days of enactment of this act on an action plan to
implement these outstanding GAO recommendations.
HOUSING FOR PERSONS WITH DISABILITIES
The agreement provides $352,000,000 for the section 811
program, to remain available until September 30, 2025. This
includes up to $160,000,000 for new project rental assistance
[PRA] and capital advance awards.
Investments in new construction.--The agreement directs the
Department to expeditiously make all remaining funding
provided in fiscal years 2019, 2020, and 2021 available
within 60 days of enactment of this act and to award that
funding within 180 days of enactment of this act.
Individuals with intellectual and developmental
disabilities.--The agreement directs HUD to continue to
prioritize projects targeting and serving individuals with
intellectual and developmental disabilities who have been
receiving care through family members when awarding the new
PRA funds provided in this act. The agreement directs HUD to
coordinate with Federal partners, including HHS, and other
public, private, and non-profit stakeholders to review
existing programs and regulations to identify gaps in
services and existing barriers to stable housing. The
agreement also requires HUD to provide a briefing to the
House and Senate Committees on Appropriations with its
findings and recommendations within 280 days of enactment of
this act.
HOUSING COUNSELING ASSISTANCE
The agreement provides $57,500,000 for housing counseling,
including up to $4,500,000 for administrative contract
services, to remain available until September 30, 2023.
Homeownership counseling.--The agreement directs that not
less than $3,000,000 of the funds provided for the housing
counseling grant program is for pre- and post-purchase
homeownership counseling.
Housing counseling agency partnerships with minority-
serving institutions [MSIs].--The agreement directs that not
less than $3,000,000 of the funds provided for the housing
counseling grant program are for housing counseling agencies
to partner with historically black colleges and universities,
Tribal colleges and universities, and other MSIs.
[[Page H3045]]
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The agreement provides $14,000,000 for the manufactured
housing standards programs, of which $14,000,000 is to be
derived from fees collected and deposited in the manufactured
housing fees trust fund. The agreement directs that not more
than $4,500,000 shall be for the monitoring of manufacturers'
compliance with construction and safety standards by third-
party inspection agencies.
Manufactured housing consensus committee construction and
safety standards backlog.--The agreement directs HUD to
prioritize clearing the backlog of unpublished Manufactured
Housing Consensus Committee recommendations and to publish
the fourth and fifth sets of standards no later than 1 year
from the enactment of this act.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The agreement sets a limit of $400,000,000,000 on
commitments to guarantee single-family loans and $150,000,000
for administrative contract expenses, which shall be
available until September 30, 2023.
FHA guidelines for manufactured housing.--The agreement
directs HUD to review its financing guidelines for all of its
manufactured housing mortgage programs to modernize policies
to reflect today's market and improve the availability of
this housing financing option.
Institutional investment in single-family housing.--The
agreement directs HUD to brief the House and Senate
Committees on Appropriations within 180 days of enactment of
this act on FHA actions to encourage more owner occupants,
government entities, and non-profit organizations (rather
than institutional investors) to purchase HUD-insured and
HUD-owned properties.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The agreement sets a $30,000,000,000 limit on multifamily
and specialized loan guarantees and provides that such
commitment authority shall be available until September 30,
2023.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
The agreement sets a limit of up to $900,000,000,000 for
new commitments and provides $33,500,000 for salaries and
expenses for the Government National Mortgage Association
[Ginnie Mae], which shall be available until September 30,
2023. The agreement does not approve Ginnie Mae's proposed
reorganization included in the budget request at this time,
but will revisit the proposal once Ginnie Mae completes the
analysis underway regarding the optimal mix of contractor and
in-sourced government employees, as well as its review of
critical pay needs, and can provide a comprehensive briefing
to the House and Senate Committees on Appropriations on the
results and recommendations for future workforce needs and
structure.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The bill provides $145,400,000 for research and technology
activities and technical assistance, to remain available
until September 30, 2023.
------------------------------------------------------------------------
------------------------------------------------------------------------
Core research and technology.............. $66,800,000
[Innovation activities]................. [500,000]
[Cooperative agreements and research [5,500,000]
partnerships with HBCUs]...............
[Cooperative agreements and research [5,500,000]
partnerships with HSIs]................
Legal assistance to low-income tenants at 20,000,000
risk of or subject to eviction...........
Research, demonstrations, and evaluations. 17,600,000
Technical assistance...................... 41,000,000
[Violence Against Women Act technical [5,000,000]
assistance]............................
[Thriving communities].................. [5,000,000]
-----------------------------
Total................................. 145,400,000
------------------------------------------------------------------------
Core research and technology.--The agreement provides
$66,800,000 for core research and technology including:
market surveys, research support and dissemination, data
acquisition, housing finance studies, research partnerships,
and housing technology. Of the total amount, $500,000 is for
innovation activities, $5,500,000 is for cooperative
agreements and research partnerships with historically black
colleges and universities, and $5,500,000 is for cooperative
agreements and research partnerships with Hispanic serving
institutions.
Legal assistance.--The agreement provides $20,000,000, to
remain available until September 30, 2024, for competitive
grants to nonprofit or government entities to provide legal
assistance to low-income tenants at risk of or subject to
eviction.
Research, demonstrations, and evaluations.--The agreement
provides $17,600,000 for research, demonstrations, and
evaluations. Included in this total is the continuation of
the following research and evaluations: mobility
demonstration evaluation; family options long-term tracking
study; choice neighborhoods initiative; and stakeholder
engagement for national evictions database. The following new
research and evaluations are also funded: evictions legal
assistance demonstration; and the effectiveness of the ERA 1
and ERA 2 emergency rental assistance programs. In addition,
the agreement encourages HUD to pursue funding related to
these evaluations as joint efforts with other agencies,
including the Department of the Treasury, to allow for cost
sharing and greater efficiencies.
Technical assistance.--The agreement provides $41,000,000
for technical assistance, including assistance to grantees
receiving allocations for SUPPORT Act activities under the
heading ``Community Development Fund''. Of this amount,
$5,000,000 is for training and technical assistance on the
Violence Against Women Act [VAWA] housing protections for
survivors of domestic violence, dating violence, sexual
assault, and stalking. HUD should coordinate with other
Federal agencies responsible for covered housing programs on
this training and technical assistance to improve the
timeliness of emergency transfers, local planning, and cross-
programmatic coordination on transfers. Within the total for
technical assistance, $5,000,000 shall be available on a
competitive basis to non-profit or private sector
organizations to provide technical assistance, including
outreach efforts to local governments with persistent poverty
tracts in their jurisdiction, to units of general local
government or non-profit organizations that serve distressed
areas, prioritizing applications from jurisdictions
containing persistent poverty census tracts that have had 20
percent or more of the population living in poverty as
measured by the 1990 and 2000 decennial census and the most
recent five-year data series available from the American
community survey of the Census Bureau, and any territory or
possession of the United States. In addition, of the amount
provided for technical assistance, $5,000,000 shall be used
by HUD to work with DOT to ensure housing and infrastructure
development is taken into consideration as part of the
thriving communities program.
Higher education and community partnerships.--The agreement
encourages the Department to competitively award a
cooperative agreement for institutions of higher education or
nonprofit entities that train and support institutions of
higher education, to conduct research or provide technical
assistance on matters related to economic opportunity,
reducing homelessness, or other areas that improve the long-
term capacity of communities or otherwise address priorities
of the Office of Policy Development and Research.
Broadband access for HUD-assisted households.--The
agreement encourages the Department to undertake an analysis
of the extent to which broadband infrastructure barriers and
high monthly costs result in HUD-assisted households
receiving inadequate access to Internet, including potential
methods for providing high-quality, subsidized broadband to
HUD-assisted households.
Office of Innovation.--The agreement does not include
directions relating to the Office of Innovation included in
House Report 117-99. Instead, the agreement encourages the
Office of Innovation to challenge the affordable housing
industry to substantially drive down the cost of affordable
housing design and production, including consideration of
modular housing development.
Evictions counseling.--The agreement encourages HUD to work
with housing counselors to identify the predominant causes of
evictions and efforts to improve their processes, including
the identification of any barriers to the collection of data
on at-risk households, as well as to augment the services
offered by housing counselors.
Demolition of abandoned properties.--The agreement
encourages HUD to examine property demolition programs,
including the neighborhood stabilization program, on the
feasibility and reasonableness of these types of programs.
Digitizing housing code violations.--The agreement directs
the Department to complete a feasibility study on the extent
to which HUD can help cities and localities digitize housing
codes for public view, including the associated costs, and
submit the feasibility study to the House and Senate
Committees on Appropriations.
Fair market rents [FMRs].--The agreement strongly
encourages HUD, to the extent permissible under current
regulations, to set FMRs at no lower than the previous year's
level for an FMR area, unless the Department has sufficient
local data to justify such a change. HUD shall brief the
House and Senate Committees on Appropriations on the findings
upon completion of current studies underway to improve FMR
estimates, including any lessons related to alternative data
sources and methods to decreased PHA cost burden.
Regulatory barriers clearinghouse.--The agreement
encourages HUD to continue to collect, assess, and
disseminate information on State and local regulations and
policies affecting the creation and maintenance of affordable
housing, including through the publication of regular
articles and other policy guidance through the Department's
regulatory barriers clearinghouse.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
The agreement provides $85,000,000 for fair housing
activities, to remain available until September 30, 2023.
This includes $56,000,000 for the fair housing initiatives
program [FHIP], $25,000,000 for the fair housing assistance
program, $3,000,000 for the national fair housing training
academy, and $1,000,000 for translated materials. Of the
funds available for FHIP, not less than $10,400,000 is for
education and outreach programs, and not less than $3,700,000
is for fair housing organization initiatives. The agreement
does not include the directives included in House Report 117-
99 on additional legal analysis.
[[Page H3046]]
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $415,000,000 for lead hazard control
and healthy homes programs, to remain available until
September 30, 2024. Of the amount provided, $90,000,000 is
available for the healthy homes initiative [HHI], and not
less than $95,000,000 is available for lead-based paint
hazard reduction in jurisdictions with the highest lead-based
paint abatement needs.
Aging-in-place home modification grants.--The agreement
includes $15,000,000 within HHI for aging-in-place home
modification grants in order to enable low-income seniors to
remain in their homes through low-cost, high-impact home
modifications. The intended beneficiaries of these grants
have always been low-income senior homeowners, and HUD shall
ensure the use of funds appropriated in this and previous
fiscal years will reflect that intent. In designing the NOFO
for this program, HUD is directed to continue to take into
account successful models of low-barrier, participant-led,
holistic approaches to aging-in-place, including Johns
Hopkins University's community aging in place-advancing
better living for elders program and the community aging in
place program of the Maine State Housing Authority. The
agreement continues to direct HUD to track the outcomes of
seniors whose homes have been modified in order to better
understand the effectiveness of this funding in reducing at
home falls, hospitalizations, and emergency response calls,
as well as improving independence and tenure in home over
time.
Improving the lead grant application process.--Through
utilizing the technical assistance and NOFO improvements
provided by the Department, applicants and grantees are
encouraged to develop and utilize public-private partnerships
as a means to leverage capital, as well as assist with grant
and project management. The agreement directs HUD to continue
to improve the NOFOs to encourage more grantees to apply,
especially those that may not have access to professional
grant writers. Additionally, HUD shall continue to clearly
state in the NOFO that an application may include non-profit
co-applicants, provided that an eligible city, county/parish,
other unit of local government, or eligible state or Tribe
are identified as the lead or co-applicant. The agreement
continues to direct HUD to allow for an overlap in grant
cycles in order to ensure continuity and improved program
management at the local level. Further, HUD is directed to
continue the weighting of criteria that ensures proper
consideration is given to applicants that demonstrate
previous successful completion of lead grants.
Multiple health hazards in homes.--The HHI strives to
protect children and their families from housing-related
health and safety hazards. Among these health and safety
concerns are mold, noise, allergens, asthma, pesticides, and
volatile organic compounds. Additionally, these safety
concerns include fire hazards such as, but not limited to,
cooking, smoking, heating, lighting, flammable liquids, and
other home hazards that may lead to a fire. The presence of
these multiple hazards exacerbates existing health problems
and can lead to new physical and psychological ones. The
agreement directs the Office of Lead Hazard Control and
Healthy Homes [OLHCHH] to give homes with multiple hazards
priority consideration.
Radon testing and mitigation resident safety
demonstration.--The agreement includes $5,000,000 for radon
testing and mitigation activities in public housing units as
proposed in the fiscal year 2022 budget request. The OLHCHH
shall coordinate with the Office of Public and Indian Housing
throughout the length of the demonstration to ensure proper
engagement and communication with the impacted PHAs. The
agreement expects HUD to issue a broad, agency-wide radon
policy in response to the Office of Inspector General's [OIG]
2021 evaluation (Report Number: 2020-OE-0003). Additionally,
according to the EPA's final Federal Radon Action Plan
Scorecard issued in 2016, HUD failed to complete the
following commitments assigned to the agency regarding
healthy homes activities: (1) collaborating with EPA, HHS,
and USDA on an interagency radon outreach initiative; and (2)
working with EPA and USDA to engage the philanthropic
community to support radon risk reduction. The fiscal year
2021 joint explanatory statement directed the Department to
complete these objectives, which have been subsumed into the
subsequent, broader public-private national radon action plan
led by the American Lung Association. The agreement continues
to direct HUD to complete these objectives.
Weatherization assistance program.--Homes are often
eligible for assistance under the Department of Energy's
[DOE's] weatherization assistance program [WAP] and HUD's
lead-based paint hazard control and healthy homes programs.
The agreement continues to support OLHCHH's participation in
the interagency working group with the DOE. OLHCHH is
encouraged to continue to leverage partnerships between DOE,
WAP grantees, and sub-grantees to perform window removal and
installation work in older low-income housing. HUD is
directed to collect information on how many units benefit
from this coordination and how much this coordination has
reduced costs for hardware and labor. HUD is directed to
provide this information to the House and Senate Committees
on Appropriations no later than 180 days after the end of
each grant cycle on an annual basis.
Overdue directive.--The agreement notes the Committees are
awaiting the submission of the inspection standards report
outlining recommendations to strengthen lead inspection
standards beyond a visual lead assessment in federally-
assisted housing, HCV units, and households with a child
under age six, as required by the fiscal year 2021 joint
explanatory statement. HUD is directed to submit this report
to the House and Senate Committees on Appropriations within
30 days of enactment of this act.
INFORMATION TECHNOLOGY FUND
The agreement provides $323,200,000 for the information
technology fund, to remain available until September 30,
2024, of which up to $40,000,000 is available for
development, modernization, and enhancement [DME] projects.
FHA IT modernization.--The House and Senate Committees on
Appropriations have provided $60,000,000 in dedicated funding
towards FHA single-family IT modernization over the past
three fiscal years as requested. However, during 2021, it
became evident from the Office of Inspector General and GAO
reports as well as the Committees' own oversight that the
project is over-budget and behind schedule. Consequently, the
agreement expects the Department to provide the sustained
executive-level attention needed to remedy the chronic
management challenges that caused these additional costs and
delays, takes into account the project's $19,200,000 in
unobligated balances, and provides up to $12,300,000 in new
budget authority to continue progress on FHA IT
modernization, which the agreement designates as a major
modernization project. These funds are to be used for single-
family insured mortgage processing, underwriting and
delivery, single-family asset management and claims systems,
lender management activities, and program compliance. These
funds may also be used for more immediate FHA IT needs,
including the system interface with the Department of the
Treasury's ``Do Not Pay'' system, compliance with HUD IT
security policy, and the reverse mortgage system. Up to
$5,000,000 of these funds may also be used toward modernizing
FHA multifamily housing IT systems, but are limited to
planning activities and development of the automated
underwriting system. The agreement directs the Department to
provide timely updates on the FHA multifamily project as
planning efforts conclude. Not more than $1,230,000 of this
amount may be obligated until the required plan is approved.
PIH IT modernization.--The agreement provides up to
$12,300,000 to make critical investments in the modernization
and development of PIH IT systems, which the agreement
designates as a major modernization project. The agreement
directs these funds to be used for DME work related to the
public housing information center, data warehouse, voucher
management systems, the operating fund web portal, property
inspections, and Tribal grant and loan guarantee programs.
The agreement expects HUD to prioritize completion of already
identified projects to achieve full functionality and
targeted decommissioning of outdated systems prior to
proposing any new projects. Not more than $1,230,000 of this
amount may be obligated until the required plan is approved.
Non-major modernization project priorities.--Within the
total amounts available for the DME of HUD IT systems, the
agreement provides up to $8,600,000 for non-major
modernization projects. Not more than $860,000 of this amount
may be obligated across all non-major projects until the
required plan is approved. The agreement directs HUD to
prioritize the modifications needed to accommodate the
economic development initiatives and the disaster recovery
data portal. Funds may also be used for the enterprise IT
asset management and analytics, section 3 reporting, and
geocoding IT projects.
Improving IT modernization management and cybersecurity.--
The agreement urges the OCIO to address the following
priority GAO recommendations that remain open: (1) to
establish an enterprise-wide view of cost savings and
operational efficiencies generated by investments and
governance processes; and (2) to identify and correctly
categorize critical cybersecurity staffing needs.
IT reporting and oversight.--The agreement directs HUD to
include greater detail in its congressional justifications
to: (1) delineate between funding for operations and
maintenance and DME, including planning; (2) consistent with
OMB guidance, summarize spending by major, non-major, and
standard IT investments; and (3) include plain language
summaries of proposed DME projects, total costs and savings
potential, and target functionality and mission benefits. The
act requires HUD to provide updated reports on a quarterly
basis to the House and Senate Committees on Appropriations on
all DME projects, with additional detail on major
modernization projects, and directs the Department to brief
the House and Senate Committees on Appropriations within 30
days of enactment of this act on its plans to comply with
this directive to ensure the format and clarity of such
reports meets the Committees' needs.
Office of Inspector General
The bill provides $140,000,000 for the salaries and
expenses of the Office of Inspector General.
[[Page H3047]]
Audit reports.--The Office of Inspector General is expected
to continue to provide copies of all audit reports to the
House and Senate Committees on Appropriations immediately
upon issuance and to make the Committees aware of any review
that recommends significant budgetary savings.
Contracting audits of annual financial statements.--The
agreement directs the Office of Inspector General to continue
to rely on an independent external auditor, or auditors, to
audit the financial statements of the Department, including
the financial statements of FHA and GNMA.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSIONS)
Section 201 splits overpayments evenly between Treasury and
state HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government
Corporation Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 209 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 210 sets forth certain requirements for section 8
eligibility and includes consideration for persons with
disabilities.
Section 211 distributes Native American housing block
grants to the same Native Alaskan recipients as in fiscal
year 2005.
Section 212 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 213 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 214 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limits established in law.
Section 215 requires that no employee of the Department be
designated as an allotment holder unless the CFO determines
that such employee has received certain training.
Section 216 requires the Secretary to notify the public of
notices of funding opportunity for competitively awarded
funds, and establishes how such notification may occur.
Section 217 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses
appropriations.
Section 218 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less,
appropriated under the headings ``Administrative Support
Offices'' or ``Program Offices'' to any other office funded
under such headings.
Section 219 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 220 places a salary and bonus limit on public
housing agency officials and employees.
Section 221 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 222 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 223 prohibits the use of funds to terminate the
status of a unit of general local government as a
metropolitan city with respect to grants under section 106 of
the Housing and Community Development Act of 1974.
Section 224 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement
to be re-obligated for additional research.
Section 225 prohibits funds for financial awards for
employees subject to administrative discipline.
Section 226 allows program income as an eligible match for
2015 through 2022 continuum of care funds.
Section 227 permits HUD to provide one year transition
grants under the continuum of care program.
Section 228 maintains current promise zone designations and
agreements.
Section 229 prohibits funds from being used to establish
review criteria, including rating factors or preference
points, for competitive grants programs for envision center
participation or coordination, with exceptions.
Section 230 clarifies the use of funds for the family self-
sufficiency program.
Section 231 addresses the establishment of reserves for
public housing agencies designated as MTW agencies.
Section 232 prohibits funds from being used to make certain
eligibility limitations as part of a notice of funding
opportunity for competitive grant awards under the public
housing fund.
Section 233 prohibits funds from being used to issue rules
or guidance in contravention of section 1210 of Public Law
115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5155).
Section 234 extends the time period for the liquidation of
valid obligations for the choice neighborhoods initiative
program in Public Law 113-235.
Section 235 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
Section 236 makes changes to the rental assistance
demonstration.
Section 237 addresses the manner in which HUD may make
adjustments for formula allocation corrections.
Section 238 rescinds unobligated balances made available in
Public Law 116-260 from the ``Executive Offices'' and
``Administrative Support Offices''.
Section 239 allows the Secretary to waive or specify
alternative requirements to facilitate the use of certain
funds made available in Public Law 116-260, with exceptions.
TITLE III
RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
The agreement provides $9,750,000 for salaries and
expenses.
Federal Maritime Commission
SALARIES AND EXPENSES
The bill provides $32,869,000 for the salaries and expenses
of the Federal Maritime Commission [FMC], of which not more
than $3,500 shall be available for official reception and
representation expenses. Of the funds provided, up to
$577,781 is available for the FMC Inspector General.
The agreement provides funding above the budget request to:
(1) support the formal investigation to examine issues
related to detention and demurrage practices, container
return practices, and the availability of containers for
export cargo, and to determine if the policies and practices
of vessel-operating common carriers [VOCCs] violate 46 U.S.C.
44102(c); (2) review information provided by VOCCs and marine
terminal operators on their current practices; (3) support
the national shipper advisory committee for exporters and
importers; and (4) further the statutorily established
purpose of the FMC to ``promote the growth and development of
United States exports through competitive and efficient ocean
transportation and by placing a greater reliance on the
marketplace'' (46 U.S.C. 40101(4)), including to support the
Office of Consumer Affairs and Dispute Resolution Services
[CADRS], Bureau of Enforcement, Area Representatives, Bureau
of Trade Analysis, Office of the Secretary, fact finding
investigations, and for necessary support services. The FMC
is directed to brief the House and Senate Committees on
Appropriations no later than 90 days after enactment of this
act detailing its plans for these additional resources.
Shipping practices.--The agreement includes the direction
in House Report 117-99; however, the agreement does not
preclude the FMC from engaging on export and import issues
through means other than the CADRS.
National Railroad Passenger Corporation Office of Inspector General
SALARIES AND EXPENSES
The bill provides $26,248,000 for the salaries and expenses
of the National Railroad Passenger Corporation Office of
Inspector General.
National Transportation Safety Board
SALARIES AND EXPENSES
The bill provides $121,400,000 for the salaries and
expenses of the National Transportation Safety Board [NTSB].
Alaska.--The agreement directs the NTSB to identify and
delineate Alaska specific accident data within existing
monthly aviation reporting and make them publicly available.
Recommendations to the DOT.--The agreement directs the NTSB
to continue to provide the compliance report required under
49 U.S.C. 1135(e).
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The agreement provides $166,000,000 for the Neighborhood
Reinvestment Corporation [NRC]. Within the total, the bill
provides $3,000,000 to remain available until September 30,
2025, for the promotion and development of shared equity
housing models.
Neighborhood revitalization.--The agreement recognizes the
importance of restoring communities that are suffering from
depopulation and deindustrialization. The agreement further
recognizes that innovative revitalization strategies from
partnerships including municipalities, land banks, community
development organizations, nonprofits, and anchor
institutions are needed to address the problem and encourages
the NRC to work together with these partners in communities
that have been left behind.
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Grant notifications.--The agreement directs the NRC to
provide at least three days' advance notice to the House and
Senate Committees on Appropriations prior to the announcement
of any grant exceeding $50,000 that is awarded to a NRC
network organization.
Rural areas.--The agreement urges the NRC to continue
capacity-building initiatives in rural areas.
Multilingual training courses.--The agreement directs the
NRC to continue surveying the NRC network to determine
whether there is sufficient need for additional professional
development and certification training courses for non-profit
community development staff to be offered in additional
languages.
Shared equity.--Of the $3,000,000 provided for shared
equity, the NRC is directed to invest $1,000,000 in technical
assistance and $2,000,000 for capital grants for affiliates
to bring new homes into their existing shared equity
portfolios. The agreement encourages the NRC to invest in at
least one recipient that serves a rural area or a city with a
population under 50,000 that has demonstrated success in
managing a shared equity portfolio. The agreement further
directs the NRC to work with affiliate organizations with
experience in offering shared equity homeownership
opportunities as technical assistance providers.
GAO audit.--The agreement directs the GAO to audit the NRC.
The agreement also directs the GAO to review and make
recommendations to improve the NRC's compliance with title 2
U.S. Code of Federal Regulations Part 200 and internal
policies and practices related to, at a minimum, internal
controls for grant making and procurement, the independence
of its internal audit function, conflicts of interest,
whistleblower protections, and the audit of its annual
financial statement. The GAO shall report its findings to the
House and Senate Committees on Appropriations not later than
180 days after enactment of this act.
Surface Transportation Board
SALARIES AND EXPENSES
The bill provides $39,152,000 for the salaries and expenses
of the Surface Transportation Board [STB]. The bill permits
the collection of up to $1,250,000 in user fees to be
credited to this appropriation and provides that the general
fund appropriation be reduced on a dollar-for-dollar basis by
the actual amount collected in user fees to result in a final
appropriation from the general fund estimated at not more
than $37,902,000.
Regulatory proceedings.--The agreement continues to
encourage the STB to provide a timely and decisive regulatory
process.
United States Interagency Council on Homelessness
OPERATING EXPENSES
The agreement provides $3,800,000 for operating expenses of
the U.S. Interagency Council on Homelessness [USICH]. The
agreement modifies House Report 117-99 and does not request a
report on access to housing services.
Vehicular homelessness community response.--The agreement
directs USICH, in consultation with HUD's Office of Special
Needs Assistance Program and Office of Policy Development and
Research, to brief the House and Senate Committees on
Appropriations on how communities are responding to the
challenge of individuals who are experiencing vehicular
homelessness within 180 days of enactment of this act.
Supporting transitioning service members.--The agreement
directs USICH to brief the House and Senate Committees on
Appropriations on interagency progress to support the
effective referral of transitioning service members to
employment and housing services, including improved data
sharing efforts, metrics that provide a direct comparison of
warm handovers before 2018 when USICH identified the need for
data transparency and each year thereafter, as well as any
other relevant deliverables. The briefing shall also include
next steps USICH intends to take to continue its progress,
and, if applicable, outline areas of further improvement to
continue decreasing rates of veteran homelessness.
Technical assistance in providing transitional housing for
survivors of domestic violence.--The agreement directs USICH
to continue collaborating with relevant stakeholders to
improve the intake methodology and practices for survivors of
domestic violence by providing necessary technical assistance
that CoCs can efficiently implement. USICH shall continue
providing periodic updates to the House and Senate Committees
on Appropriations as they make progress.
Housing and supportive services.--The agreement directs
USICH to submit to the House and Senate Committees on
Appropriations within 270 days of enactment of this act a
report identifying current federally funded supportive
service programs, how those programs interact with federally
funded housing programs, and challenges or barriers that
hinder improved performance in such programs in meeting the
needs of formerly chronically homeless individuals living
with substance use disorders or mental and/or behavioral
health issues.
Annual reporting requirements.--The agreement directs USICH
to provide an annual report to the House and Senate
Committees on Appropriations that compiles and summarizes all
information required by section 203(c) of the McKinney Vento
Homeless Assistance Act and identify any challenges in
obtaining the required data, and the rationale behind any
incomplete data. The agreement directs USICH to submit the
fiscal year 2022 report no later than September 30, 2022.
Federal agency data collection of homeless individuals and
grantees.--The agreement directs USICH to submit to the House
and Senate Committees on Appropriations within 270 days of
enactment of this act a report identifying the homeless data
collection systems being used by the member agencies of
USICH, including identification of which systems interact
with, or are accessible by, multiple agencies.
Implementation of best practices.--The agreement directs
USICH to ensure best practices and evidence-based conclusions
are central to any technical assistance and recommendations
released by the agency.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Section 401 prohibits the use of funds for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming
and transfer authorities.
Section 406 provides that not to exceed 50 percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2023, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent
domain is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S.
Government, except where transfer authority is provided in
this or any other appropriations act.
Section 409 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 410 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 411 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, CFR.
Section 412 restricts the number of employees that agencies
may send to international conferences unless such attendance
is important to the national interest.
Section 413 caps the amount of fees the STB can charge or
collect for rate or practice complaints filed at the amount
authorized for district court civil suit filing fees.
Section 414 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 415 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 416 prohibits funds to be used to pay award or
incentive fees for contractors whose performance is below
satisfactory, behind schedule, over budget, or failed to meet
requirements of the contract, with exceptions.
Section 417 references ``Community Project Funding/
Congressionally Directed Spending'' contained in this joint
explanatory statement.
Section 418 prohibits funds made available by this act to
DOT from being used in contravention of 54 U.S.C. 306108.
Section 419 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 420 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air
Transport Agreement.
Section 421 allows for a new future interstate route.
Section 422 extends the period of availability for amounts
made available for capital investment grants in Public Law
116-6.
Section 423 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 424 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 425 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 426 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 427 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 428 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 429 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 430 makes technical corrections to title VIII of
division J of Public Law 117-58.
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Section 431 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 432 changes the availability of certain funding
from the Disaster Relief Appropriations Act, 2013 (Public Law
113-2, division A; 127 Stat 36).
Section 433 expands the eligible use of funds provided in
Public Law 110-252.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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