Appropriations Act, 2022, H.R. 4502 — Congressional Record, House, July 27, 2021
Summary
Congressional Record, House, page H3933, July 27, 2021. Ms. DeLauro calls up H.R. 4502 under House Resolution 555, a bill making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2022. The Speaker pro tempore states that an amendment in the nature of a substitute is adopted and the bill is considered read. The printed bill text provides that references to a report accompanying the Act are treated as references to House reports, and includes $200,000,000 for training and employment assistance under sections of the WIOA.
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“Appropriations Act, 2022, H.R. 4502 — Congressional Record, House, July 27, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-07-27-crec-2021-07-27-pt1-pgh3933-e13be01e86/
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3933
LABOR, HEALTH AND HUMAN erence to a ‘‘report accompanying this Act’’ paragraph shall be available for the pilot pro-
SERVICES, EDUCATION, AGRI- contained in division D of this Act shall be gram authorized under section 8041 of the SUP-
CULTURE, RURAL DEVELOP- treated as a reference to House Report 117–79. PORT for Patients and Communities Act (Public
The effect of such Report shall be limited to di- Law 115–271): Provided further, That funds pro-
MENT, ENERGY AND WATER DE-
vision D and shall apply for purposes of deter- vided to carry out section 132(a)(2)(A) of the
VELOPMENT, FINANCIAL SERV- mining the allocation of funds provided by, and WIOA may be used to provide assistance to a
ICES AND GENERAL GOVERN- the implementation of, division D. State for statewide or local use in order to ad-
MENT, INTERIOR, ENVIRONMENT, (e) DEPARTMENT OF THE INTERIOR, ENVIRON- dress cases where there have been worker dis-
MILITARY CONSTRUCTION, VET- MENT, AND RELATED AGENCIES APPROPRIATIONS locations across multiple sectors or across mul-
ERANS AFFAIRS, TRANSPOR- ACT, 2022.—Any reference to a ‘‘report accom- tiple local areas and such workers remain dis-
TATION, AND HOUSING AND panying this Act’’ contained in division E of located; coordinate the State workforce develop-
URBAN DEVELOPMENT APPRO- this Act shall be treated as a reference to House ment plan with emerging economic development
Report 117–83. The effect of such Report shall be needs; and train such eligible dislocated work-
PRIATIONS ACT, 2022 limited to division E and shall apply for pur- ers: Provided further, That funds provided to
Ms. DELAURO. Madam Speaker, pur- poses of determining the allocation of funds pro- carry out sections 168(b) and 169(c) of the WIOA
suant to House Resolution 555, I call up vided by, and the implementation of, division E. may be used for technical assistance and dem-
the bill (H.R. 4502) making appropria- (f) MILITARY CONSTRUCTION, VETERANS AF- onstration projects, respectively, that provide
FAIRS, AND RELATED AGENCIES APPROPRIATIONS assistance to new entrants in the workforce and
tions for the Departments of Labor,
ACT, 2022.—Any reference to a ‘‘report accom- incumbent workers: Provided further, That not-
Health and Human Services, and Edu- panying this Act’’ contained in division F of withstanding section 168(b) of the WIOA, of the
cation, and related agencies for the fis- this Act shall be treated as a reference to House funds provided under this subparagraph, the
cal year ending September 30, 2022, and Report 117–81. The effect of such Report shall be Secretary of Labor (referred to in this title as
for other purposes, and ask for its im- limited to division F and shall apply for pur- ‘‘Secretary’’) may reserve not more than 10 per-
mediate consideration in the House. poses of determining the allocation of funds pro- cent of such funds to provide technical assist-
The Clerk read the title of the bill. vided by, and the implementation of, division F. ance and carry out additional activities related
The SPEAKER pro tempore (Ms. LOF- (g) TRANSPORTATION, HOUSING AND URBAN to the transition to the WIOA: Provided further,
DEVELOPMENT, AND RELATED AGENCIES APPRO- That of the funds provided under this subpara-
GREN). Pursuant to House Resolution
PRIATIONS ACT, 2022.—Any reference to a ‘‘re- graph, $200,000,000 shall be for training and em-
555, an amendment in the nature of a port accompanying this Act’’ contained in divi- ployment assistance under sections 168(b), 169(c)
substitute consisting of the text of sion G of this Act shall be treated as a reference (notwithstanding the 10 percent limitation in
Rules Committee Print 117–12, modified to House Report 117–99. The effect of such Re- such section) and 170 of the WIOA as follows:
by the amendment printed in part A of port shall be limited to division G and shall (i) $100,000,000 shall be for the purpose of de-
House Report 117–109 is adopted and the apply for purposes of determining the allocation veloping, offering, or improving educational or
bill, as amended, is considered read. of funds provided by, and the implementation career training programs at community colleges,
The text of the bill, as amended, is as of, division G. defined as public institutions of higher edu-
follows: SEC. 4. STATEMENT OF APPROPRIATIONS. cation, as described in section 101(a) of the
The following sums in this Act are appro- Higher Education Act of 1965 and at which the
H.R. 4502
priated, out of any money in the Treasury not associate’s degree is primarily the highest degree
Be it enacted by the Senate and House of Rep- otherwise appropriated, for the fiscal year end- awarded, with other eligible institutions of
resentatives of the United States of America in ing September 30, 2022. higher education, as defined in section 101(a) of
Congress assembled, the Higher Education Act of 1965, eligible to
SECTION 1. SHORT TITLE. DIVISION A—DEPARTMENTS OF LABOR,
HEALTH AND HUMAN SERVICES, AND participate through consortia, with community
This Act may be cited as the ‘‘Labor, Health colleges as the lead grantee: Provided, That the
EDUCATION, AND RELATED AGENCIES
and Human Services, Education, Agriculture, Secretary shall follow the requirements for the
APPROPRIATIONS ACT, 2022
Rural Development, Energy and Water Develop- program in House Report 116–62 and in the re-
ment, Financial Services and General Govern- TITLE I port accompanying this Act: Provided further,
ment, Interior, Environment, Military Construc- DEPARTMENT OF LABOR That any grant funds used for apprenticeships
tion, Veterans Affairs, Transportation, and EMPLOYMENT AND TRAINING ADMINISTRATION shall be used to support only apprenticeship
Housing and Urban Development Appropria- TRAINING AND EMPLOYMENT SERVICES programs registered under the National Appren-
tions Act, 2022’’. ticeship Act and as referred to in section 3(7)(B)
For necessary expenses of the Workforce Inno-
SEC. 2. REFERENCES TO ACT. of the WIOA;
vation and Opportunity Act (referred to in this
Except as expressly provided otherwise, any Act as ‘‘WIOA’’) and the National Apprentice- (ii) $100,000,000 shall be for training and em-
reference to ‘‘this Act’’ contained in any divi- ship Act, $4,407,108,000, plus reimbursements, ployment assistance for workers in communities
sion of this Act shall be treated as referring only shall be available. Of the amounts provided: that have experienced job losses due to disloca-
to the provisions of that division. (1) for grants to States for adult employment tions in industries related to fossil fuel extrac-
SEC. 3. REFERENCES TO REPORT. and training activities, youth activities, and dis- tion or energy production;
(a) DEPARTMENTS OF LABOR, HEALTH AND located worker employment and training activi- (B) $58,000,000 for Native American programs
HUMAN SERVICES, AND EDUCATION, AND RE- ties, $3,095,332,000 as follows: under section 166 of the WIOA, which shall be
LATED AGENCIES APPROPRIATIONS ACT, 2022.— (A) $923,174,000 for adult employment and available for the period July 1, 2022 through
Any reference to a ‘‘report accompanying this training activities, of which $211,174,000 shall be June 30, 2023;
Act’’ contained in division A of this Act shall be available for the period July 1, 2022 through (C) $96,711,000 for migrant and seasonal farm-
treated as a reference to House Report 117–96. June 30, 2023, and of which $712,000,000 shall be worker programs under section 167 of the WIOA,
The effect of such Report shall be limited to di- available for the period October 1, 2022 through including $89,693,000 for formula grants (of
vision A and shall apply for purposes of deter- June 30, 2023; which not less than 70 percent shall be for em-
mining the allocation of funds provided by, and (B) $988,604,000 for youth activities, which ployment and training services), $6,444,000 for
the implementation of, division A. shall be available for the period April 1, 2022 migrant and seasonal housing (of which not less
(b) AGRICULTURE, RURAL DEVELOPMENT, through June 30, 2023; and than 70 percent shall be for permanent hous-
FOOD AND DRUG ADMINISTRATION, AND RELATED (C) $1,183,554,000 for dislocated worker em- ing), and $574,000 for other discretionary pur-
AGENCIES APPROPRIATIONS ACT, 2022.—Any ref- ployment and training activities, of which poses, which shall be available for the period
erence to a ‘‘report accompanying this Act’’ $323,554,000 shall be available for the period April 1, 2022 through June 30, 2023: Provided,
contained in division B of this Act shall be July 1, 2022 through June 30, 2023, and of which That notwithstanding any other provision of
treated as a reference to House Report 117–82. $860,000,000 shall be available for the period Oc- law or related regulation, the Department of
The effect of such Report shall be limited to di- tober 1, 2022 through June 30, 2023: Labor shall take no action limiting the number
vision B and shall apply for purposes of deter- Provided, That the funds available for allotment or proportion of eligible participants receiving
mining the allocation of funds provided by, and to outlying areas to carry out subtitle B of title related assistance services or discouraging
the implementation of, division B. I of the WIOA shall not be subject to the re- grantees from providing such services: Provided
(c) ENERGY AND WATER DEVELOPMENT AND quirements of section 127(b)(1)(B)(ii) of such further, That notwithstanding the definition of
RELATED AGENCIES APPROPRIATIONS ACT, Act; and ‘‘eligible seasonal farmworker’’ in section
2022.—Any reference to a ‘‘report accompanying (2) for national programs, $1,311,776,000 as fol- 167(i)(3)(A) of the WIOA relating to an indi-
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this Act’’ contained in division C of this Act lows: vidual being ‘‘low-income’’, an individual is eli-
shall be treated as a reference to House Report (A) $435,859,000 for the dislocated workers as- gible for migrant and seasonal farmworker pro-
117–98. The effect of such Report shall be limited sistance national reserve, of which $235,859,000 grams under section 167 of the WIOA under that
to division C and shall apply for purposes of de- shall be available for the period July 1, 2022 definition if, in addition to meeting the require-
termining the allocation of funds provided by, through September 30, 2023, and of which ments of clauses (i) and (ii) of section
and the implementation of, division C. $200,000,000 shall be available for the period Oc- 167(i)(3)(A), such individual is a member of a
(d) FINANCIAL SERVICES AND GENERAL GOV- tober 1, 2022 through September 30, 2023: Pro- family with a total family income equal to or
ERNMENT APPROPRIATIONS ACT, 2022.—Any ref- vided, That funds made available in this sub- less than 150 percent of the poverty line;
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H3934 CONGRESSIONAL RECORD — HOUSE July 27, 2021
(D) $145,000,000 for YouthBuild activities as Provided further, That any funds transferred Assistance Extension Act of 2011, sections 405(a)
described in section 171 of the WIOA, which pursuant to the preceding provision shall not be and 406 of the Trade Preferences Extension Act
shall be available for the period April 1, 2022 available for obligation after June 30, 2023: Pro- of 2015, and section 285(a)(2) of the Trade Act of
through June 30, 2023; vided further, That the Committees on Appro- 1974 (as amended by section 406(a)(7) of the
(E) $150,000,000 for ex-offender activities, priations of the House of Representatives and Trade Preferences Extension Act of 2015), and
under the authority of section 169 of the WIOA, the Senate are notified at least 15 days in ad- shall be available for obligation by the States
which shall be available for the period April 1, vance of any transfer; and through December 31, 2022, except that funds
2022 through June 30, 2023: Provided, That of (3) $38,748,000 for necessary expenses of Job used for automation shall be available for Fed-
this amount, $25,000,000 shall be for competitive Corps, which shall be available for obligation eral obligation through December 31, 2022, and
grants to national and regional intermediaries for the period October 1, 2021 through September for State obligation through September 30, 2024,
for activities that prepare for employment young 30, 2022: or, if the automation is being carried out
adults with criminal legal histories, young Provided, That no funds from any other appro- through consortia of States, for State obligation
adults who have been justice system-involved, or priation shall be used to provide meal services at through September 30, 2028, and for expenditure
young adults who have dropped out of school or or for Job Corps centers. through September 30, 2029, and funds for com-
other educational programs, with a priority for COMMUNITY SERVICE EMPLOYMENT FOR OLDER petitive grants awarded to States for improved
projects serving high-crime, high-poverty areas; AMERICANS operations and to conduct in-person reemploy-
(F) $7,250,000 for the Workforce Data Quality ment and eligibility assessments and unemploy-
To carry out title V of the Older Americans
Initiative, under the authority of section 169 of ment insurance improper payment reviews and
Act of 1965 (referred to in this Act as ‘‘OAA’’),
the WIOA, which shall be available for the pe- provide reemployment services and referrals to
$450,000,000, which shall be available for the pe-
riod July 1, 2022 through June 30, 2023; and training, as appropriate, shall be available for
riod April 1, 2022 through June 30, 2023, and
(G) $285,000,000 to expand opportunities Federal obligation through December 31, 2022,
may be recaptured and reobligated in accord-
through apprenticeships only registered under and for obligation by the States through Sep-
ance with section 517(c) of the OAA.
the National Apprenticeship Act and as referred tember 30, 2024, and funds for the Unemploy-
to in section 3(7)(B) of the WIOA, to be avail- FEDERAL UNEMPLOYMENT BENEFITS AND ment Insurance Integrity Center of Excellence
able to the Secretary to carry out activities ALLOWANCES shall be available for obligation by the State
through grants, cooperative agreements, con- For payments during fiscal year 2022 of trade through September 30, 2023, and funds used for
tracts and other arrangements, with States and adjustment benefit payments and allowances unemployment insurance workloads experienced
other appropriate entities, including equity under part I of subchapter B of chapter 2 of title through September 30, 2022 shall be available for
intermediaries and business and labor industry II of the Trade Act of 1974, and section 246 of Federal obligation through December 31, 2022;
partner intermediaries, which shall be available that Act; and for training, employment and case (2) $118,108,000 from the Trust Fund is for na-
for the period July 1, 2022 through June 30, 2023. management services, allowances for job search tional activities necessary to support the admin-
(H) $50,000,000 for a National Youth Employ- and relocation, and related State administrative istration of the Federal-State unemployment in-
ment Program, under the authority of section expenses under part II of subchapter B of chap- surance system;
169 of the WIOA, including the expansion of ter 2 of title II of the Trade Act of 1974, and in- (3) $727,449,000 from the Trust Fund, together
summer and year-round job opportunities for cluding benefit payments, allowances, training, with $21,413,000 from the General Fund of the
disadvantaged youth, which shall be available employment and case management services, and Treasury, is for grants to States in accordance
for the period April 1, 2022 through June 30, related State administration provided pursuant with section 6 of the Wagner-Peyser Act, and
2023; to section 231(a) of the Trade Adjustment Assist- shall be available for Federal obligation for the
(I) $20,000,000 for a national training program ance Extension Act of 2011, sections 405(a) and period July 1, 2022 through June 30, 2023;
for veterans, members of the armed forces who 406 of the Trade Preferences Extension Act of (4) $22,318,000 from the Trust Fund is for na-
are separating from active duty, and the spouses 2015, and section 285(a)(2) of the Trade Act of tional activities of the Employment Service, in-
of veterans and such members, focused on train- 1974 (as amended by section 406(a)(7) of the cluding administration of the work opportunity
ing related to employment in clean energy sec- Trade Preferences Extension Act of 2015), tax credit under section 51 of the Internal Rev-
tors and occupations, under the authority of $551,000,000 together with such amounts as may enue Code of 1986 (including assisting States in
section 169 of the WIOA, which shall be avail- be necessary to be charged to the subsequent ap- adopting or modernizing information technology
able for the period July 1, 2022 through June 30, propriation for payments for any period subse- for use in the processing of certification re-
2023; and quent to September 15, 2022: Provided, That not- quests), and the provision of technical assist-
(J) $63,956,000 for carrying out Demonstration withstanding section 502 of this Act, any part of ance and staff training under the Wagner-
and Pilot projects under section 169(c) of the the appropriation provided under this heading Peyser Act;
WIOA, which shall be available for the period may remain available for obligation beyond the (5) $94,075,000 from the Trust Fund is for the
April 1, 2022 through June 30, 2023, in addition current fiscal year pursuant to the authorities administration of foreign labor certifications
to funds available for such activities under sub- of section 245(c) of the Trade Act of 1974 (19 and related activities under the Immigration
paragraph (A) for the projects, and in the U.S.C. 2317(c)). and Nationality Act and related laws, of which
amounts, specified under the heading ‘‘Training $67,793,000 shall be available for the Federal ad-
STATE UNEMPLOYMENT INSURANCE AND
and Employment Services’’ in the report accom- ministration of such activities, and $26,282,000
EMPLOYMENT SERVICE OPERATIONS
panying this Act: Provided, That such funds shall be available for grants to States for the ad-
may be used for projects that are related to the For authorized administrative expenses, ministration of such activities; and
employment and training needs of dislocated $89,066,000, together with not to exceed (6) $67,653,000 from the General Fund is to
workers, other adults, or youth: Provided fur- $4,087,164,000 which may be expended from the provide workforce information, national elec-
ther, That the 10 percent funding limitation Employment Security Administration Account in tronic tools, and one-stop system building under
under such section shall not apply to such the Unemployment Trust Fund (‘‘the Trust the Wagner-Peyser Act and shall be available
funds: Provided further, That section Fund’’), of which— for Federal obligation for the period July 1, 2022
(1) $3,125,214,000 from the Trust Fund is for through June 30, 2023, of which up to $9,800,000
169(b)(6)(C) of the WIOA shall not apply to such
grants to States for the administration of State shall be used to carry out research and dem-
funds: Provided further, That sections 102 and
unemployment insurance laws as authorized onstration projects related to testing effective
107 of this Act shall not apply to such funds.
under title III of the Social Security Act (includ- ways to promote greater labor force participa-
JOB CORPS ing not less than $250,000,000 to carry out reem- tion of people with disabilities: Provided, That
(INCLUDING TRANSFER OF FUNDS) ployment services and eligibility assessments the Secretary may transfer amounts made avail-
To carry out subtitle C of title I of the WIOA, under section 306 of such Act, any claimants of able for research and demonstration projects
including Federal administrative expenses, the regular compensation, as defined in such sec- under this paragraph to the ‘‘Office of Dis-
purchase and hire of passenger motor vehicles, tion, including those who are profiled as most ability Employment Policy’’ account for such
the construction, alteration, and repairs of likely to exhaust their benefits, may be eligible purposes:
buildings and other facilities, and the purchase for such services and assessments: Provided, Provided, That to the extent that the Average
of real property for training centers as author- That of such amount, $117,000,000 is specified Weekly Insured Unemployment (‘‘AWIU’’) for
ized by the WIOA, $1,830,073,000, plus reim- for grants under section 306 of the Social Secu- fiscal year 2022 is projected by the Department
bursements, as follows: rity Act and $133,000,000 is additional new budg- of Labor to exceed 2,008,000, an additional
(1) $1,653,325,000 for Job Corps Operations, et authority specified for purposes of section $28,600,000 from the Trust Fund shall be avail-
which shall be available for the period July 1, 314(g) of the Congressional Budget Act of 1974; able for obligation for every 100,000 increase in
2022 through June 30, 2023; and $9,000,000 for continued support of the Un- the AWIU level (including a pro rata amount
(2) $138,000,000 for construction, rehabilitation employment Insurance Integrity Center of Ex- for any increment less than 100,000) to carry out
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and acquisition of Job Corps Centers, which cellence), the administration of unemployment title III of the Social Security Act: Provided fur-
shall be available for the period July 1, 2022 insurance for Federal employees and for ex-serv- ther, That funds appropriated in this Act that
through June 30, 2025, and which may include ice members as authorized under 5 U.S.C. 8501– are allotted to a State to carry out activities
the acquisition, maintenance, and repair of 8523, and the administration of trade readjust- under title III of the Social Security Act may be
major items of equipment: Provided, That the ment allowances, reemployment trade adjust- used by such State to assist other States in car-
Secretary may transfer up to 15 percent of such ment assistance, and alternative trade adjust- rying out activities under such title III if the
funds to meet the operational needs of such cen- ment assistance under the Trade Act of 1974 and other States include areas that have suffered a
ters or to achieve administrative efficiencies: under section 231(a) of the Trade Adjustment major disaster declared by the President under
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3935
the Robert T. Stafford Disaster Relief and Emer- grams registered under the National Apprentice- tions 39(c), 44(d), and 44(j) of the Longshore and
gency Assistance Act: Provided further, That ship Act and as referred to in section 3(7)(B) of Harbor Workers’ Compensation Act.
the Secretary may use funds appropriated for the WIOA and to provide for the full and ade-
grants to States under title III of the Social Se- quate staffing of the Federal Office of Appren- SPECIAL BENEFITS
curity Act to make payments on behalf of States ticeship and each of the State Offices of Ap- (INCLUDING TRANSFER OF FUNDS)
for the use of the National Directory of New prenticeship.
Hires under section 453(j)(8) of such Act: Pro- EMPLOYEE BENEFITS SECURITY ADMINISTRATION For the payment of compensation, benefits,
vided further, That the Secretary may use funds and expenses (except administrative expenses
SALARIES AND EXPENSES
appropriated for grants to States under title III not otherwise authorized) accruing during the
of the Social Security Act to make payments on For necessary expenses for the Employee Ben- current or any prior fiscal year authorized by 5
behalf of States to the entity operating the State efits Security Administration, $218,475,000, of U.S.C. 81; continuation of benefits as provided
Information Data Exchange System: Provided which up to $3,000,000 shall be made available for under the heading ‘‘Civilian War Benefits’’
further, That funds appropriated in this Act through September 30, 2023, for the procurement in the Federal Security Agency Appropriation
which are used to establish a national one-stop of expert witnesses for enforcement litigation. Act, 1947; the Employees’ Compensation Com-
career center system, or which are used to sup- PENSION BENEFIT GUARANTY CORPORATION mission Appropriation Act, 1944; section 5(f) of
port the national activities of the Federal-State PENSION BENEFIT GUARANTY CORPORATION FUND the War Claims Act (50 U.S.C. App. 2012); obli-
unemployment insurance, employment service, gations incurred under the War Hazards Com-
or immigration programs, may be obligated in The Pension Benefit Guaranty Corporation
pensation Act (42 U.S.C. 1701 et seq.); and 50
contracts, grants, or agreements with States and (‘‘Corporation’’) is authorized to make such ex-
percent of the additional compensation and ben-
non-State entities: Provided further, That States penditures, including financial assistance au-
efits required by section 10(h) of the Longshore
awarded competitive grants for improved oper- thorized by subtitle E of title IV of the Employee
and Harbor Workers’ Compensation Act,
ations under title III of the Social Security Act, Retirement Income Security Act of 1974, within
$244,000,000, together with such amounts as may
or awarded grants to support the national ac- limits of funds and borrowing authority avail-
be necessary to be charged to the subsequent
tivities of the Federal-State unemployment in- able to the Corporation, and in accord with law,
year appropriation for the payment of com-
surance system, may award subgrants to other and to make such contracts and commitments
pensation and other benefits for any period sub-
States and non-State entities under such grants, without regard to fiscal year limitations, as pro-
sequent to August 15 of the current year, for de-
subject to the conditions applicable to the vided by 31 U.S.C. 9104, as may be necessary in
posit into and to assume the attributes of the
grants: Provided further, That funds appro- carrying out the program, including associated
Employees’ Compensation Fund established
priated under this Act for activities authorized administrative expenses, through September 30,
under 5 U.S.C. 8147(a): Provided, That amounts
under title III of the Social Security Act and the 2022, for the Corporation: Provided, That none
appropriated may be used under 5 U.S.C. 8104
Wagner-Peyser Act may be used by States to of the funds available to the Corporation for fis-
by the Secretary to reimburse an employer, who
fund integrated Unemployment Insurance and cal year 2022 shall be available for obligations
is not the employer at the time of injury, for
Employment Service automation efforts, not- for administrative expenses in excess of
portions of the salary of a re-employed, disabled
withstanding cost allocation principles pre- $472,955,000: Provided further, That to the ex-
beneficiary: Provided further, That balances of
scribed under the final rule entitled ‘‘Uniform tent that the number of new plan participants
reimbursements unobligated on September 30,
Administrative Requirements, Cost Principles, in plans terminated by the Corporation exceeds
2021, shall remain available until expended for
and Audit Requirements for Federal Awards’’ at 100,000 in fiscal year 2022, an amount not to ex-
the payment of compensation, benefits, and ex-
part 200 of title 2, Code of Federal Regulations: ceed an additional $9,200,000 shall be available
penses: Provided further, That in addition there
Provided further, That the Secretary, at the re- through September 30, 2026, for obligations for
shall be transferred to this appropriation from
quest of a State participating in a consortium administrative expenses for every 20,000 addi-
the Postal Service and from any other corpora-
with other States, may reallot funds allotted to tional terminated participants: Provided fur-
tion or instrumentality required under 5 U.S.C.
such State under title III of the Social Security ther, That obligations in excess of the amounts
8147(c) to pay an amount for its fair share of the
Act to other States participating in the consor- provided for administrative expenses in this
cost of administration, such sums as the Sec-
tium or to the entity operating the Unemploy- paragraph may be incurred and shall be avail-
retary determines to be the cost of administra-
ment Insurance Information Technology Sup- able through September 30, 2026 for obligation
tion for employees of such fair share entities
port Center in order to carry out activities that for unforeseen and extraordinary pre-termi-
through September 30, 2022: Provided further,
benefit the administration of the unemployment nation or termination expenses or extraordinary
That of those funds transferred to this account
compensation law of the State making the re- multiemployer program related expenses after
from the fair share entities to pay the cost of ad-
quest: Provided further, That the Secretary may approval by the Office of Management and
ministration of the Federal Employees’ Com-
collect fees for the costs associated with addi- Budget and notification of the Committees on
pensation Act, $80,920,000 shall be made avail-
tional data collection, analyses, and reporting Appropriations of the House of Representatives
able to the Secretary as follows:
services relating to the National Agricultural and the Senate: Provided further, That an addi-
Workers Survey requested by State and local tional amount shall be available for obligation (1) For enhancement and maintenance of
governments, public and private institutions of through September 30, 2026 to the extent the automated data processing systems operations
higher education, and nonprofit organizations Corporation’s costs exceed $250,000 for the provi- and telecommunications systems, $27,445,000;
and may utilize such sums, in accordance with sion of credit or identity monitoring to affected (2) For automated workload processing oper-
the provisions of 29 U.S.C. 9a, for the National individuals upon suffering a security incident or ations, including document imaging, centralized
Agricultural Workers Survey infrastructure, privacy breach, not to exceed an additional $100 mail intake, and medical bill processing,
methodology, and data to meet the information per affected individual. $25,859,000;
collection and reporting needs of such entities, WAGE AND HOUR DIVISION
(3) For periodic roll disability management
which shall be credited to this appropriation SALARIES AND EXPENSES and medical review, $25,860,000;
and shall remain available until September 30,
For necessary expenses for the Wage and (4) For program integrity, $1,756,000; and
2023, for such purposes.
Hour Division, including reimbursement to
ADVANCES TO THE UNEMPLOYMENT TRUST FUND State, Federal, and local agencies and their em- (5) The remaining funds shall be paid into the
AND OTHER FUNDS ployees for inspection services rendered, Treasury as miscellaneous receipts:
For repayable advances to the Unemployment $300,000,000: Provided, That the Secretary of Provided further, That the Secretary may re-
Trust Fund as authorized by sections 905(d) and Labor shall use funds made available under this quire that any person filing a notice of injury or
1203 of the Social Security Act, and to the Black heading to establish a national hotline to sup- a claim for benefits under 5 U.S.C. 81, or the
Lung Disability Trust Fund as authorized by port domestic workers. Longshore and Harbor Workers’ Compensation
section 9501(c)(1) of the Internal Revenue Code OFFICE OF LABOR-MANAGEMENT STANDARDS Act, provide as part of such notice and claim,
of 1986; and for nonrepayable advances to the such identifying information (including Social
revolving fund established by section 901(e) of SALARIES AND EXPENSES
Security account number) as such regulations
the Social Security Act, to the Unemployment For necessary expenses for the Office of may prescribe.
Trust Fund as authorized by 5 U.S.C. 8509, and Labor-Management Standards, $44,437,000.
to the ‘‘Federal Unemployment Benefits and Al- OFFICE OF FEDERAL CONTRACT COMPLIANCE SPECIAL BENEFITS FOR DISABLED COAL MINERS
lowances’’ account, such sums as may be nec- PROGRAMS For carrying out title IV of the Federal Mine
essary, which shall be available for obligation SALARIES AND EXPENSES Safety and Health Act of 1977, as amended by
through September 30, 2023.
For necessary expenses for the Office of Fed- Public Law 107–275, $32,970,000, to remain avail-
PROGRAM ADMINISTRATION
eral Contract Compliance Programs, able until expended.
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For expenses of administering employment $140,732,000.
and training programs, $144,497,000, together For making after July 31 of the current fiscal
OFFICE OF WORKERS’ COMPENSATION PROGRAMS year, benefit payments to individuals under title
with not to exceed $67,006,000 which may be ex-
pended from the Employment Security Adminis- SALARIES AND EXPENSES IV of such Act, for costs incurred in the current
tration Account in the Unemployment Trust For necessary expenses for the Office of Work- fiscal year, such amounts as may be necessary.
Fund: Provided, That funds made available for ers’ Compensation Programs, $138,604,000, to- For making benefit payments under title IV
the Office of Apprenticeship shall be used only gether with $2,205,000 which may be expended for the first quarter of fiscal year 2023,
for the administration of apprenticeship pro- from the Special Fund in accordance with sec- $11,000,000, to remain available until expended.
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H3936 CONGRESSIONAL RECORD — HOUSE July 27, 2021
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES board, tuition, and the sale of training mate- program evaluation and shall be available for
OCCUPATIONAL ILLNESS COMPENSATION FUND rials, otherwise authorized by law to be col- obligation through September 30, 2023: Provided
For necessary expenses to administer the En- lected, to be available for mine safety and further, That funds available for program eval-
ergy Employees Occupational Illness Compensa- health education and training activities: Pro- uation may be used to administer grants for the
tion Program Act, $63,428,000, to remain avail- vided further, That notwithstanding 31 U.S.C. purpose of evaluation: Provided further, That
able until expended: Provided, That the Sec- 3302, the Mine Safety and Health Administra- grants made for the purpose of evaluation shall
retary may require that any person filing a tion is authorized to collect and retain up to be awarded through fair and open competition:
claim for benefits under the Act provide as part $2,499,000 from fees collected for the approval Provided further, That funds available for pro-
of such claim such identifying information (in- and certification of equipment, materials, and gram evaluation may be transferred to any
cluding Social Security account number) as may explosives for use in mines, and may utilize such other appropriate account in the Department for
be prescribed. sums for such activities: Provided further, That such purpose: Provided further, That the Com-
the Secretary is authorized to accept lands, mittees on Appropriations of the House of Rep-
BLACK LUNG DISABILITY TRUST FUND
buildings, equipment, and other contributions resentatives and the Senate are notified at least
(INCLUDING TRANSFER OF FUNDS) from public and private sources and to prosecute 15 days in advance of any transfer: Provided
Such sums as may be necessary from the projects in cooperation with other agencies, further, That the funds available to the Wom-
Black Lung Disability Trust Fund (the Federal, State, or private: Provided further, en’s Bureau may be used for grants to serve and
‘‘Fund’’), to remain available until expended, That the Mine Safety and Health Administra- promote the interests of women in the work-
for payment of all benefits authorized by section tion is authorized to promote health and safety force: Provided further, That of the amounts
9501(d)(1), (2), (6), and (7) of the Internal Rev- education and training in the mining commu- made available to the Women’s Bureau, not less
enue Code of 1986; and repayment of, and pay- nity through cooperative programs with States, than $6,794,000 shall be used for grants author-
ment of interest on advances, as authorized by industry, and safety associations: Provided fur- ized by the Women in Apprenticeship and Non-
section 9501(d)(4) of that Act. In addition, the ther, That the Secretary is authorized to recog- traditional Occupations Act.
following amounts may be expended from the nize the Joseph A. Holmes Safety Association as VETERANS’ EMPLOYMENT AND TRAINING
Fund for fiscal year 2022 for expenses of oper- a principal safety association and, notwith- Not to exceed $267,331,000 may be derived from
ation and administration of the Black Lung standing any other provision of law, may pro- the Employment Security Administration ac-
Benefits program, as authorized by section vide funds and, with or without reimbursement, count in the Unemployment Trust Fund to carry
9501(d)(5): not to exceed $41,464,000 for transfer personnel, including service of Mine Safety and out the provisions of chapters 41, 42, and 43 of
to the Office of Workers’ Compensation Pro- Health Administration officials as officers in title 38, United States Code, of which—
grams, ‘‘Salaries and Expenses’’; not to exceed local chapters or in the national organization: (1) $180,000,000 is for Jobs for Veterans State
$37,598,000 for transfer to Departmental Man- Provided further, That any funds available to grants under 38 U.S.C. 4102A(b)(5) to support
agement, ‘‘Salaries and Expenses’’; not to ex- the Department of Labor may be used, with the disabled veterans’ outreach program specialists
ceed $342,000 for transfer to Departmental Man- approval of the Secretary, to provide for the under section 4103A of such title and local vet-
agement, ‘‘Office of Inspector General’’; and not costs of mine rescue and survival operations in erans’ employment representatives under section
to exceed $356,000 for payments into miscella- the event of a major disaster. 4104(b) of such title, and for the expenses de-
neous receipts for the expenses of the Depart- BUREAU OF LABOR STATISTICS scribed in section 4102A(b)(5)(C), which shall be
ment of the Treasury. available for expenditure by the States through
SALARIES AND EXPENSES September 30, 2024, and not to exceed 3 percent
OCCUPATIONAL SAFETY AND HEALTH
For necessary expenses for the Bureau of for the necessary Federal expenditures for data
ADMINISTRATION
Labor Statistics, including advances or reim- systems and contract support to allow for the
SALARIES AND EXPENSES bursements to State, Federal, and local agencies tracking of participant and performance infor-
For necessary expenses for the Occupational and their employees for services rendered, mation: Provided, That, in addition, such funds
Safety and Health Administration, $691,787,000, $632,653,000, together with not to exceed may be used to support such specialists and rep-
including not to exceed $118,737,000 which shall $68,000,000 which may be expended from the Em- resentatives in the provision of services to
be the maximum amount available for grants to ployment Security Administration account in transitioning members of the Armed Forces who
States under section 23(g) of the Occupational the Unemployment Trust Fund. have participated in the Transition Assistance
Safety and Health Act (the ‘‘Act’’), which Within this amount, $28,470,000 for costs asso- Program and have been identified as in need of
grants shall be no less than 50 percent of the ciated with the physical move of the Bureau of intensive services, to members of the Armed
costs of State occupational safety and health Labor Statistics’ headquarters, including rep- Forces who are wounded, ill, or injured and re-
programs required to be incurred under plans lication of space, furniture, fixtures, equipment, ceiving treatment in military treatment facilities
approved by the Secretary under section 18 of and related costs shall remain available until or warrior transition units, and to the spouses
the Act; and, in addition, notwithstanding 31 September 30, 2026. or other family caregivers of such wounded, ill,
U.S.C. 3302, the Occupational Safety and OFFICE OF DISABILITY EMPLOYMENT POLICY or injured members;
Health Administration may retain up to $499,000 (2) $31,379,000 is for carrying out the Transi-
SALARIES AND EXPENSES
per fiscal year of training institute course tui- tion Assistance Program under 38 U.S.C. 4113
tion and fees, otherwise authorized by law to be For necessary expenses for the Office of Dis- and 10 U.S.C. 1144;
collected, and may utilize such sums for occupa- ability Employment Policy to provide leadership, (3) $52,538,000 is for Federal administration of
tional safety and health training and edu- develop policy and initiatives, and award grants chapters 41, 42, and 43 of title 38, and sections
cation: Provided, That notwithstanding 31 furthering the objective of eliminating barriers 2021, 2021A and 2023 of title 38, United States
U.S.C. 3302, the Secretary is authorized, during to the training and employment of people with Code: Provided, That, up to $500,000 may be
the fiscal year ending September 30, 2022, to col- disabilities, $42,711,000. used to carry out the Hire VETS Act (division O
lect and retain fees for services provided to Na- DEPARTMENTAL MANAGEMENT of Public Law 115–31); and
tionally Recognized Testing Laboratories, and SALARIES AND EXPENSES (4) $3,414,000 is for the National Veterans’ Em-
may utilize such sums, in accordance with the ployment and Training Services Institute under
(INCLUDING TRANSFER OF FUNDS)
provisions of 29 U.S.C. 9a, to administer na- 38 U.S.C. 4109:
tional and international laboratory recognition For necessary expenses for Departmental Provided, That the Secretary may reallocate
programs that ensure the safety of equipment Management, including the hire of three pas- among the appropriations provided under para-
and products used by workers in the workplace: senger motor vehicles, $456,911,000, together graphs (1) through (4) above an amount not to
Provided further, That $14,787,000 shall be with not to exceed $308,000, which may be ex- exceed 3 percent of the appropriation from
available for Susan Harwood training grants, of pended from the Employment Security Adminis- which such reallocation is made.
which not less than $4,500,000 is for Susan Har- tration account in the Unemployment Trust In addition, from the General Fund of the
wood Training Capacity Building Develop- Fund: Provided, That $97,947,000 for the Bureau Treasury, $67,500,000 is for carrying out pro-
mental grants for program activities starting not of International Labor Affairs shall be available grams to assist homeless veterans and veterans
later than September 30, 2022 and lasting for a for obligation through December 31, 2022: Pro- at risk of homelessness who are transitioning
period of 12 months. vided further, That funds available to the Bu- from certain institutions under sections 2021,
reau of International Labor Affairs may be used 2021A, and 2023 of title 38, United States Code:
MINE SAFETY AND HEALTH ADMINISTRATION
to administer or operate international labor ac- Provided, That notwithstanding subsections
SALARIES AND EXPENSES tivities, bilateral and multilateral technical as- (c)(3) and (d) of section 2023, the Secretary may
For necessary expenses for the Mine Safety sistance, and microfinance programs, by or award grants through September 30, 2022, to
and Health Administration, $404,816,000, includ- through contracts, grants, subgrants and other provide services under such section: Provided
ing purchase and bestowal of certificates and arrangements: Provided further, That not more further, That services provided under sections
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trophies in connection with mine rescue and than $57,772,000 shall be for programs to combat 2021 or under 2021A may include, in addition to
first-aid work, and the hire of passenger motor exploitative child labor internationally and not services to homeless veterans described in sec-
vehicles, including up to $2,000,000 for mine res- less than $40,175,000 shall be used to implement tion 2002(a)(1), services to veterans who were
cue and recovery activities and not less than model programs that address worker rights homeless at some point within the 60 days prior
$10,537,000 for State assistance grants: Provided, issues through technical assistance in countries to program entry or veterans who are at risk of
That notwithstanding 31 U.S.C. 3302, not to ex- with which the United States has free trade homelessness within the next 60 days, and that
ceed $750,000 may be collected by the National agreements or trade preference programs: Pro- services provided under section 2023 may in-
Mine Health and Safety Academy for room, vided further, That $10,040,000 shall be used for clude, in addition to services to the individuals
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3937
described in subsection (e) of such section, serv- SEC. 105. None of the funds made available by SEC. 108. Notwithstanding any other provision
ices to veterans recently released from incarcer- this Act under the heading ‘‘Employment and of law, the Secretary may furnish through
ation who are at risk of homelessness: Provided Training Administration’’ shall be used by a re- grants, cooperative agreements, contracts, and
further, That notwithstanding paragraph (3) cipient or subrecipient of such funds to pay the other arrangements, up to $2,000,000 of excess
under this heading, funds appropriated in this salary and bonuses of an individual, either as personal property, at a value determined by the
paragraph may be used for data systems and direct costs or indirect costs, at a rate in excess Secretary, to apprenticeship programs for the
contract support to allow for the tracking of of Executive Level II. This limitation shall not purpose of training apprentices in those pro-
participant and performance information: Pro- apply to vendors providing goods and services as grams.
vided further, That notwithstanding sections defined in Office of Management and Budget SEC. 109. (a) The Act entitled ‘‘An Act to cre-
2021(e)(2) and 2021A(f)(2) of title 38, United Circular A–133. Where States are recipients of ate a Department of Labor’’, approved March 4,
States Code, such funds shall be available for such funds, States may establish a lower limit 1913 (37 Stat. 736, chapter 141) shall be applied
expenditure pursuant to 31 U.S.C. 1553. for salaries and bonuses of those receiving sala- as if the following text is part of such Act:
In addition, fees may be assessed and depos- ries and bonuses from subrecipients of such ‘‘SEC. 12. SECURITY DETAIL.
ited in the HIRE Vets Medallion Award Fund funds, taking into account factors including the ‘‘(a) IN GENERAL.—The Secretary of Labor is
pursuant to section 5(b) of the HIRE Vets Act, relative cost-of-living in the State, the com- authorized to employ law enforcement officers
and such amounts shall be available to the Sec- pensation levels for comparable State or local or special agents to—
retary to carry out the HIRE Vets Medallion government employees, and the size of the orga- ‘‘(1) provide protection for the Secretary of
Award Program, as authorized by such Act, and nizations that administer Federal programs in- Labor during the workday of the Secretary and
shall remain available until expended: Provided, volved including Employment and Training Ad- during any activity that is preliminary or
That such sums shall be in addition to any ministration programs. postliminary to the performance of official du-
other funds available for such purposes, includ- (TRANSFER OF FUNDS) ties by the Secretary;
ing funds available under paragraph (3) of this ‘‘(2) provide protection, incidental to the pro-
heading: Provided further, That section 2(d) of SEC. 106. (a) Notwithstanding section 102, the tection provided to the Secretary, to a member of
division O of the Consolidated Appropriations Secretary may transfer funds made available to the immediate family of the Secretary who is
Act, 2017 (Public Law 115–31; 38 U.S.C. 4100 the Employment and Training Administration participating in an activity or event relating to
note) shall not apply. by this Act, either directly or through a set- the official duties of the Secretary;
aside, for technical assistance services to grant- ‘‘(3) provide continuous protection to the Sec-
IT MODERNIZATION
ees to ‘‘Program Administration’’ when it is de- retary (including during periods not described
For necessary expenses for Department of termined that those services will be more effi-
Labor centralized infrastructure technology in- in paragraph (1)) and to the members of the im-
ciently performed by Federal employees: Pro- mediate family of the Secretary if there is a sig-
vestment activities related to support systems vided, That this section shall not apply to sec-
and modernization, $37,269,000, which shall be nificant and articulable threat of physical
tion 171 of the WIOA. harm, in accordance with guidelines established
available through September 30, 2023. (b) Notwithstanding section 102, the Secretary by the Secretary; and
OFFICE OF INSPECTOR GENERAL may transfer not more than 0.5 percent of each ‘‘(4) provide protection to the Deputy Sec-
For salaries and expenses of the Office of In- discretionary appropriation made available to retary of Labor in the performance of official
spector General in carrying out the provisions of the Employment and Training Administration duties at a public event outside of the United
the Inspector General Act of 1978, $89,738,000, by this Act to ‘‘Program Administration’’ in States if there is a significant and articulable
together with not to exceed $5,660,000 which order to carry out program integrity activities threat of physical harm and protective services
may be expended from the Employment Security relating to any of the programs or activities that are not provided as part of an official U.S. visit.
Administration account in the Unemployment are funded under any such discretionary appro- ‘‘(b) AUTHORITIES.—The Secretary of Labor
Trust Fund. priations: Provided, That notwithstanding sec- may authorize a law enforcement officer or spe-
GENERAL PROVISIONS tion 102 and the preceding proviso, the Sec- cial agent employed under subsection (a), for
SEC. 101. None of the funds appropriated by retary may transfer not more than 0.5 percent of the purpose of performing the duties authorized
this Act for the Job Corps shall be used to pay funds made available in paragraphs (1) and (2) under subsection (a), to—
the salary and bonuses of an individual, either of the ‘‘Office of Job Corps’’ account to para- ‘‘(1) carry firearms;
as direct costs or any proration as an indirect graph (3) of such account to carry out program ‘‘(2) make arrests without a warrant for any
cost, at a rate in excess of Executive Level II. integrity activities related to the Job Corps pro- offense against the United States committed in
gram: Provided further, That funds transferred the presence of such officer or special agent;
(TRANSFER OF FUNDS)
under the authority provided by this subsection ‘‘(3) perform protective intelligence work, in-
SEC. 102. Not to exceed 1 percent of any discre- shall be available for obligation through Sep- cluding identifying and mitigating potential
tionary funds (pursuant to the Balanced Budget tember 30, 2023. threats and conducting advance work to review
and Emergency Deficit Control Act of 1985) security matters relating to sites and events;
(TRANSFER OF FUNDS)
which are appropriated for the current fiscal ‘‘(4) coordinate with local law enforcement
year for the Department of Labor in this Act SEC. 107. (a) The Secretary may reserve not agencies; and
may be transferred between a program, project, more than 0.75 percent from each appropriation ‘‘(5) initiate criminal and other investigations
or activity, but no such program, project, or ac- made available in this Act identified in sub- into potential threats to the security of the Sec-
tivity shall be increased by more than 3 percent section (b) in order to carry out evaluations of retary, in coordination with the Inspector Gen-
by any such transfer: Provided, That the trans- any of the programs or activities that are fund- eral of the Department of Labor.
fer authority granted by this section shall not be ed under such accounts. Any funds reserved ‘‘(c) COMPLIANCE WITH GUIDELINES.—A law
used to create any new program or to fund any under this section shall be transferred to ‘‘De- enforcement officer or special agent employed
project or activity for which no funds are pro- partmental Management’’ for use by the Office under subsection (a) shall exercise any author-
vided in this Act: Provided further, That the of the Chief Evaluation Officer within the De- ity provided under this section in accordance
Committees on Appropriations of the House of partment of Labor, and shall be available for with any—
Representatives and the Senate are notified at obligation through September 30, 2023: Provided, ‘‘(1) guidelines issued by the Attorney Gen-
least 15 days in advance of any transfer. That such funds shall only be available if the eral; and
SEC. 103. In accordance with Executive Order Chief Evaluation Officer of the Department of ‘‘(2) guidelines prescribed by the Secretary of
13126, none of the funds appropriated or other- Labor submits a plan to the Committees on Ap- Labor.’’.
wise made available pursuant to this Act shall propriations of the House of Representatives (b) This section shall be effective on the date
be obligated or expended for the procurement of and the Senate describing the evaluations to be of enactment of this Act.
goods mined, produced, manufactured, or har- carried out 15 days in advance of any transfer. SEC. 110. The Secretary is authorized to dis-
vested or services rendered, in whole or in part, (b) The accounts referred to in subsection (a) pose of or divest, by any means the Secretary
by forced or indentured child labor in industries are: ‘‘Training and Employment Services’’, ‘‘Job determines appropriate, including an agreement
and host countries already identified by the Corps’’, ‘‘Community Service Employment for or partnership to construct a new Job Corps
United States Department of Labor prior to en- Older Americans’’, ‘‘State Unemployment Insur- center, all or a portion of the real property on
actment of this Act. ance and Employment Service Operations’’, which the Treasure Island Job Corps Center is
SEC. 104. Except as otherwise provided in this ‘‘Employee Benefits Security Administration’’, situated. Any sale or other disposition will not
section, none of the funds made available to the ‘‘Office of Workers’ Compensation Programs’’, be subject to any requirement of any Federal
Department of Labor for grants under section ‘‘Wage and Hour Division’’, ‘‘Office of Federal law or regulation relating to the disposition of
414(c) of the American Competitiveness and Contract Compliance Programs’’, ‘‘Office of Federal real property, including but not limited
Workforce Improvement Act of 1998 (29 U.S.C. Labor Management Standards’’, ‘‘Occupational to subchapter III of chapter 5 of title 40 of the
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2916a) may be used for any purpose other than Safety and Health Administration’’, ‘‘Mine United States Code and subchapter V of chapter
competitive grants for training individuals who Safety and Health Administration’’, ‘‘Office of 119 of title 42 of the United States Code. The net
are older than 16 years of age and are not cur- Disability Employment Policy’’, funding made proceeds of such a sale shall be transferred to
rently enrolled in school within a local edu- available to the ‘‘Bureau of International Labor the Secretary, which shall be available until ex-
cational agency in the occupations and indus- Affairs’’ and ‘‘Women’s Bureau’’ within the pended to carry out the Job Corps Program on
tries for which employers are using H–1B visas ‘‘Departmental Management, Salaries and Ex- Treasure Island.
to hire foreign workers, and the related activi- penses’’ account, and ‘‘Veterans’ Employment SEC. 111. None of the funds made available by
ties necessary to support such training. and Training’’. this Act may be used to—
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H3938 CONGRESSIONAL RECORD — HOUSE July 27, 2021
(1) alter or terminate the Interagency Agree- until expended for carrying out subsections (g) vided further, That grants so awarded are lim-
ment between the United States Department of through (n) and (q) of section 224 of the PHS ited to such public institutions of higher edu-
Labor and the United States Department of Ag- Act, and for expenses incurred by the Depart- cation in States in the top quintile of States
riculture; or ment of Health and Human Services (referred to with a projected primary care provider shortage
(2) close any of the Civilian Conservation in this Act as ‘‘HHS’’) pertaining to administra- in 2026, as determined by the Secretary: Pro-
Centers, except if such closure is necessary to tive claims made under such law. vided further, That the minimum amount of a
prevent the endangerment of the health and HEALTH WORKFORCE grant so awarded to such an institution shall be
safety of the students, the capacity of the pro- For carrying out titles III, VII, and VIII of not less than $1,000,000 per year: Provided fur-
gram is retained, and the requirements of sec- the PHS Act with respect to the health work- ther, That such a grant may be awarded for a
tion 159(j) of the WIOA are met. force, sections 1128E and 1921 of the Social Secu- period not to exceed 5 years: Provided further,
SEC. 112. Notwithstanding any other provision rity Act, and the Health Care Quality Improve- That amounts made available in this paragraph
of law, not to exceed $36,000,000 of the unobli- ment Act of 1986, $1,564,876,000: Provided, That shall be awarded as supplemental grants to re-
gated balances available to the Secretary of sections 751(j)(2) and 762(k) of the PHS Act and cipients of grants awarded for this purpose in
Labor in fiscal year 2022 (other than the the proportional funding amounts in para- fiscal years 2020 and 2021, pursuant to the terms
amounts specified in subparagraph (2)(J) under graphs (1) through (4) of section 756(f) of the and conditions of each institution’s initial grant
the heading ‘‘Employment and Training— PHS Act shall not apply to funds made avail- agreement, in an amount for each institution
Training and Employment Services’’) may be able under this heading: Provided further, That that will result in every institution being award-
transferred to the Department’s Working Cap- for any program operating under section 751 of ed the same total grant amount over fiscal years
ital Fund for the acquisition of capital equip- the PHS Act on or before January 1, 2009, the 2020 through 2022, provided the institution can
ment, the improvement and implementation of Secretary of Health and Human Services (re- justify the expenditure of such funds: Provided
Department financial management, information ferred to in this title as the ‘‘Secretary’’) may further, That such a grant awarded with re-
technology, infrastructure technology invest- hereafter waive any of the requirements con- spect to a year to such an institution shall be
ment activities related to support systems and tained in sections 751(d)(2)(A) and 751(d)(2)(B) subject to a matching requirement of non-Fed-
modernization, and other support systems nec- of such Act for the full project period of a grant eral funds in an amount that is not less than 10
essary for the delivery of financial, administra- under such section: Provided further, That fees percent of the total amount of Federal funds
tive, and information technology services of pri- collected for the disclosure of information under provided in the grant to such institution with
mary benefit to the agencies and programs of section 427(b) of the Health Care Quality Im- respect to such year.
the Department of Labor: Provided, That any provement Act of 1986 and sections 1128E(d)(2) MATERNAL AND CHILD HEALTH
funds so transferred shall remain available for and 1921 of the Social Security Act shall be suf- For carrying out titles III, XI, XII, and XIX
obligation for five fiscal years after the fiscal ficient to recover the full costs of operating the of the PHS Act with respect to maternal and
year of such transfer: Provided further, That no programs authorized by such sections and shall child health and title V of the Social Security
funds may be transferred pursuant to this sec- remain available until expended for the Na- Act, $1,188,784,000: Provided, That notwith-
tion unless the Chief Information Officer of the tional Practitioner Data Bank: Provided fur- standing sections 502(a)(1) and 502(b)(1) of the
Department of Labor submits a plan to the Com- ther, That funds transferred to this account to Social Security Act, not more than $266,116,000
mittees on Appropriations of the House of Rep- carry out section 846 and subpart 3 of part D of shall be available for carrying out special
resentatives and the Senate describing the title III of the PHS Act may be used to make projects of regional and national significance
amounts to be transferred by account; the prior year adjustments to awards made under pursuant to section 501(a)(2) of such Act and
planned use of funds, including descriptions of such section and subpart: Provided further, $10,276,000 shall be available for projects de-
projects; project status, including any scheduled That $185,000,000 shall remain available until scribed in subparagraphs (A) through (F) of sec-
delays and cost overruns; financial expendi- expended for the purposes of providing primary tion 501(a)(3) of such Act.
tures; planned activities; and expected benefits: health services, assigning National Health Serv- RYAN WHITE HIV/AIDS PROGRAM
Provided further, That the transfer authority ice Corps (‘‘NHSC’’) members to expand the de-
provided in this section shall be in addition to For carrying out title XXVI of the PHS Act
livery of substance use disorder treatment serv- with respect to the Ryan White HIV/AIDS pro-
any other transfer authority provided by law. ices, notwithstanding the assignment priorities
SEC. 113. (a) Section 118(a) of division BB of gram, $2,654,781,000, of which $2,087,881,000
and limitations under sections 333(a)(1)(D), shall remain available to the Secretary through
the Consolidated Appropriations Act, 2021 (Pub- 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and
lic Law 116–260) is amended by— September 30, 2024, for parts A and B of title
making payments under the NHSC Loan Repay- XXVI of the PHS Act, and of which not less
(1) inserting ‘‘and in addition to amounts oth- ment Program under section 338B of such Act:
erwise available for such purposes,’’ before than $900,313,000 shall be for State AIDS Drug
Provided further, That, within the amount Assistance Programs under the authority of sec-
‘‘there are appropriated’’; and made available in the previous proviso,
(2) striking ‘‘expended through’’. tion 2616 or 311(c) of such Act; and of which
$15,000,000 shall remain available until ex- $190,000,000, to remain available until expended,
(b) The amendments made by this section pended for the purposes of making payments
shall take effect as if included in the enactment shall be available to the Secretary for carrying
under the NHSC Loan Repayment Program out a program of grants and contracts under
of the Consolidated Appropriations Act, 2021. under section 338B of the PHS Act to individ-
SEC. 114. None of the funds made available by title XXVI or section 311(c) of such Act focused
uals participating in such program who provide on ending the nationwide HIV/AIDS epidemic,
this Act may be used to implement or enforce the primary health services in Indian Health Service
final rule entitled ‘‘Wagner-Peyser Act Staffing with any grants issued under such section 311(c)
facilities, Tribally-Operated 638 Health Pro- administered in conjunction with title XXVI of
Flexibility’’ published by the Department of grams, and Urban Indian Health Programs (as
Labor in the Federal Register on January 6, the PHS Act, including the limitation on admin-
those terms are defined by the Secretary), not- istrative expenses.
2020. withstanding the assignment priorities and limi-
SEC. 115. None of the funds made available by HEALTH CARE SYSTEMS
tations under section 333(b) of such Act: Pro-
this Act may be used to implement or enforce vided further, That for purposes of the previous For carrying out titles III and XII of the PHS
Subpart B of 29 CFR Part 29 (29 CFR 29.20 two provisos, section 331(a)(3)(D) of the PHS Act Act with respect to health care systems, and the
through 29 CFR 29.31 (Industry Recognized Ap- shall be applied as if the term ‘‘primary health Stem Cell Therapeutic and Research Act of 2005,
prenticeship Programs)). services’’ includes clinical substance use dis- $147,093,000, of which $122,000 shall be available
This title may be cited as the ‘‘Department of order treatment services, including those pro- until expended for facilities renovations and
Labor Appropriations Act, 2022’’. vided by masters level, licensed substance use other facilities-related expenses of the National
TITLE II disorder treatment counselors: Provided further, Hansen’s Disease Program.
That of the funds made available under this RURAL HEALTH
DEPARTMENT OF HEALTH AND HUMAN
SERVICES heading, $15,000,000 shall be available to make For carrying out titles III and IV of the PHS
grants to establish or expand optional commu- Act with respect to rural health, section 427(a)
HEALTH RESOURCES AND SERVICES
nity-based nurse practitioner fellowship pro- of the Federal Coal Mine Health and Safety Act
ADMINISTRATION
grams that are accredited or in the accreditation of 1969, and sections 711 and 1820 of the Social
PRIMARY HEALTH CARE process, with a preference for those in Federally Security Act, $400,209,000, of which $80,009,000
For carrying out titles II and III of the Public Qualified Health Centers, for practicing post- from general revenues, notwithstanding section
Health Service Act (referred to in this Act as the graduate nurse practitioners in primary care or 1820(j) of the Social Security Act, shall be avail-
‘‘PHS Act’’) with respect to primary health care behavioral health. able for carrying out the Medicare rural hos-
and the Native Hawaiian Health Care Act of Of the funds made available under this head- pital flexibility grants program: Provided, That
1988, $1,831,772,000: Provided, That $25,000,000 ing, $75,000,000 shall remain available until ex- of the funds made available under this heading
SSpencer on DSK126QN23PROD with HOUSE
shall be available for the purpose of making pended for grants to public institutions of high- for Medicare rural hospital flexibility grants,
grants to support school-based health centers as er education to expand or support graduate edu- $23,242,000 shall be available for the Small Rural
authorized under section 399Z–1 of the PHS Act cation for physicians provided by such institu- Hospital Improvement Grant Program for qual-
(42 U.S.C. 280h-5): Provided further, That no tions: Provided, That, in awarding such grants, ity improvement and adoption of health infor-
more than $1,000,000 shall be available until ex- the Secretary shall give priority to public insti- mation technology and up to $1,000,000 shall be
pended for carrying out the provisions of section tutions of higher education located in States to carry out section 1820(g)(6) of the Social Se-
224(o) of the PHS Act: Provided further, That with a projected primary care provider shortage curity Act, with funds provided for grants under
no more than $120,000,000 shall be available in 2026, as determined by the Secretary: Pro- section 1820(g)(6) available for the purchase and
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3939
implementation of telehealth services, including COVERED COUNTERMEASURES PROCESS FUND ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
pilots and demonstrations on the use of elec- For carrying out section 319F–4 of the PHS COMPENSATION PROGRAM
tronic health records to coordinate rural vet- Act, $5,000,000, to remain available until ex- For necessary expenses to administer the En-
erans care between rural providers and the De- pended. ergy Employees Occupational Illness Compensa-
partment of Veterans Affairs electronic health tion Program Act, $55,358,000, to remain avail-
record system: Provided further, That notwith- CENTERS FOR DISEASE CONTROL AND
PREVENTION able until expended: Provided, That this amount
standing section 338J(k) of the PHS Act, shall be available consistent with the provision
$13,000,000 shall be available for State Offices of IMMUNIZATION AND RESPIRATORY DISEASES regarding administrative expenses in section
Rural Health: Provided further, That $12,700,000 For carrying out titles II, III, XVII, and XXI, 151(b) of division B, title I of Public Law 106–
shall remain available through September 30, and section 2821 of the PHS Act, titles II and IV 554.
2024, to support the Rural Residency Develop- of the Immigration and Nationality Act, and GLOBAL HEALTH
ment Program. section 501 of the Refugee Education Assistance For carrying out titles II, III, and XVII of the
FAMILY PLANNING Act, with respect to immunization and res- PHS Act with respect to global health,
piratory diseases, $531,580,000. $842,843,000, of which: (1) $128,421,000 shall re-
For carrying out the program under title X of
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANS- main available through September 30, 2023 for
the PHS Act to provide for voluntary family
MITTED DISEASES, AND TUBERCULOSIS PREVEN- international HIV/AIDS; and (2) $448,200,000
planning projects, $400,000,000: Provided, That
TION shall remain available through September 30,
amounts provided to said projects under such
For carrying out titles II, III, XVII, and 2024 for global public health protection: Pro-
title shall not be expended for abortions, that all
XXIII of the PHS Act with respect to HIV/AIDS, vided, That funds may be used for purchase and
pregnancy counseling shall be nondirective, and
viral hepatitis, sexually transmitted diseases, insurance of official motor vehicles in foreign
that such amounts shall not be expended for
and tuberculosis prevention, $1,501,556,000. countries.
any activity (including the publication or dis-
tribution of literature) that in any way tends to PUBLIC HEALTH PREPAREDNESS AND RESPONSE
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
promote public support or opposition to any leg- For carrying out titles II, III, and XVII of the
For carrying out titles II, III, and XVII, and
islative proposal or candidate for public office: PHS Act with respect to public health prepared-
section 2821 of the PHS Act, titles II and IV of
Provided further, That all entities funded under ness and response, and for expenses necessary
the Immigration and Nationality Act, and sec-
this heading shall provide clinical services con- to support activities related to countering poten-
tion 501 of the Refugee Education Assistance
sistent with nationally recognized clinical tial biological, nuclear, radiological, and chem-
Act, with respect to emerging and zoonotic in-
standards: Provided further, That projects ical threats to civilian populations, $862,200,000:
fectious diseases, $674,272,000: Provided, That of
funded under section 1001 of the PHS Act shall Provided, That the Director of the Centers for
the amounts made available under this heading,
provide the full range of contraceptive methods Disease Control and Prevention (referred to in
up to $1,000,000 shall remain available until ex-
approved by the Food and Drug Administration: this title as ‘‘CDC’’) or the Administrator of the
pended to pay for the transportation, medical
Provided further, That all patients under title X Agency for Toxic Substances and Disease Reg-
care, treatment, and other related costs of per-
of the PHS Act with a positive pregnancy test istry may detail staff without reimbursement to
sons quarantined or isolated under Federal or
shall be given the opportunity to be provided in- support an activation of the CDC Emergency
State quarantine law.
formation and counseling regarding (1) prenatal Operations Center, so long as the Director or
care and delivery; (2) infant care, foster care, CHRONIC DISEASE PREVENTION AND HEALTH Administrator, as applicable, provides a notice
and adoption; and (3) pregnancy termination: PROMOTION to the Committees on Appropriations of the
Provided further, That if such a patient re- For carrying out titles II, III, XI, XV, XVII, House of Representatives and the Senate within
quests information specified in the preceding and XIX of the PHS Act with respect to chronic 15 days of the use of this authority, a full report
proviso, such patient shall be provided with disease prevention and health promotion, within 30 days after use of this authority which
neutral, factual information and nondirective $1,302,114,000: Provided, That funds made avail- includes the number of staff and funding level
counseling on each such option, including refer- able under this heading may be available for broken down by the originating center and
ral upon request, except with respect to any op- making grants under section 1509 of the PHS number of days detailed, and an update of such
tion about which the patient indicates no inter- Act for not less than 21 States, tribes, or tribal report every 180 days until staff are no longer
est in receiving such information and coun- organizations: Provided further, That of the on detail without reimbursement to the CDC
seling. funds made available under this heading, Emergency Operations Center.
$15,000,000 shall be available to continue and ex- BUILDINGS AND FACILITIES
PROGRAM MANAGEMENT
pand community specific extension and out- (INCLUDING TRANSFER OF FUNDS)
For program support in the Health Resources reach programs to combat obesity in counties
For acquisition of real property, equipment,
and Services Administration, $536,407,000: Pro- with the highest levels of obesity: Provided fur-
construction, installation, demolition, and ren-
vided, That funds made available under this ther, That the proportional funding require-
ovation of facilities, $55,000,000, which shall re-
heading may be used to supplement program ments under section 1503(a) of the PHS Act shall
main available until September 30, 2026: Pro-
support funding provided under the headings not apply to funds made available under this
vided, That funds made available to this ac-
‘‘Primary Health Care’’, ‘‘Health Workforce’’, heading.
count in this or any prior Act that are available
‘‘Maternal and Child Health’’, ‘‘Ryan White BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, for the acquisition of real property or for con-
HIV/AIDS Program’’, ‘‘Health Care Systems’’, DISABILITIES AND HEALTH struction or improvement of facilities shall be
and ‘‘Rural Health’’: Provided, That of the
For carrying out titles II, III, XI, and XVII of available to make improvements on non-feder-
amount made available under this heading,
the PHS Act with respect to birth defects, devel- ally owned property, provided that any im-
$367,415,000 shall be used for the projects financ-
opmental disabilities, disabilities and health, provements that are not adjacent to federally
ing the construction and renovation (including
$186,810,000. owned property do not exceed $2,500,000, and
equipment) of health care and other facilities,
that the primary benefit of such improvements
and for the projects financing one-time grants PUBLIC HEALTH SCIENTIFIC SERVICES
accrues to CDC: Provided further, That funds
that support activities funded under headings For carrying out titles II, III, and XVII of the previously set-aside by CDC for repair and up-
listed in the preceding proviso, and in the PHS Act with respect to health statistics, sur- grade of the Lake Lynn Experimental Mine and
amounts, specified under the heading ‘‘Program veillance, health informatics, and workforce de- Laboratory shall be used to acquire a replace-
Management’’ in the report accompanying this velopment, $756,997,000. ment mine safety research facility: Provided fur-
Act, and of which up to $4,000,000 may be used
ENVIRONMENTAL HEALTH ther, That in addition, the prior year unobli-
for related agency administrative expenses: Pro-
For carrying out titles II, III, and XVII of the gated balance of any amounts assigned to
vided further, That none of the funds made
PHS Act with respect to environmental health, former employees in accounts of CDC made
available for projects described in the preceding
$326,350,000. available for Individual Learning Accounts
proviso shall be subject to section 241 of the PHS
shall be credited to and merged with the
Act or section 205 of this Act. INJURY PREVENTION AND CONTROL amounts made available under this heading to
VACCINE INJURY COMPENSATION PROGRAM TRUST For carrying out titles II, III, and XVII of the support the replacement of the mine safety re-
FUND PHS Act with respect to injury prevention and search facility.
control, $1,064,169,000. CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
For payments from the Vaccine Injury Com-
pensation Program Trust Fund (the ‘‘Trust NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY (INCLUDING TRANSFER OF FUNDS)
Fund’’), such sums as may be necessary for AND HEALTH For carrying out titles II, III, XVII and XIX,
SSpencer on DSK126QN23PROD with HOUSE
claims associated with vaccine-related injury or For carrying out titles II, III, and XVII of the and section 2821 of the PHS Act and for cross-
death with respect to vaccines administered PHS Act, sections 101, 102, 103, 201, 202, 203, 301, cutting activities and program support for ac-
after September 30, 1988, pursuant to subtitle 2 and 501 of the Federal Mine Safety and Health tivities funded in other appropriations included
of title XXI of the PHS Act, to remain available Act, section 13 of the Mine Improvement and in this Act for the Centers for Disease Control
until expended: Provided, That for necessary New Emergency Response Act, and sections 20, and Prevention, $1,148,570,000, of which
administrative expenses, not to exceed 21, and 22 of the Occupational Safety and $1,000,000,000 shall remain available through
$16,200,000 shall be available from the Trust Health Act, with respect to occupational safety September 30, 2024, for public health infrastruc-
Fund to the Secretary. and health, $360,300,000. ture and capacity: Provided, That paragraphs
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H3940 CONGRESSIONAL RECORD — HOUSE July 27, 2021
(1) through (3) of subsection (b) of section 2821 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE of the National Institutes of Health (referred to
of the PHS Act shall not apply to funds appro- OF CHILD HEALTH AND HUMAN DEVELOPMENT in this title as ‘‘NIH’’).
priated under this heading and in all other ac- For carrying out section 301 and title IV of NATIONAL CENTER FOR ADVANCING
counts of the CDC: Provided further, That of the PHS Act with respect to child health and TRANSLATIONAL SCIENCES
the amounts made available under this heading, human development, $1,689,786,000. For carrying out section 301 and title IV of
$35,000,000, to remain available until expended, the PHS Act with respect to translational
NATIONAL EYE INSTITUTE
shall be available to the Director of the CDC for sciences, $897,812,000: Provided, That up to
deposit in the Infectious Diseases Rapid Re- For carrying out section 301 and title IV of
the PHS Act with respect to eye diseases and $60,000,000 shall be available to implement sec-
sponse Reserve Fund established by section 231 tion 480 of the PHS Act, relating to the Cures
of division B of Public Law 115–245: Provided visual disorders, $877,129,000.
Acceleration Network: Provided further, That at
further, That funds appropriated under this NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH least $616,183,000 is provided to the Clinical and
heading may be used to support a contract for SCIENCES Translational Sciences Awards program.
the operation and maintenance of an aircraft in For carrying out section 301 and title IV of OFFICE OF THE DIRECTOR
direct support of activities throughout CDC to the PHS Act with respect to environmental (INCLUDING TRANSFER OF FUNDS)
ensure the agency is prepared to address public health sciences, $941,799,000.
health preparedness emergencies: Provided fur- For carrying out the responsibilities of the Of-
NATIONAL INSTITUTE ON AGING fice of the Director, NIH, $2,667,385,000: Pro-
ther, That employees of CDC or the Public
Health Service, both civilian and commissioned For carrying out section 301 and title IV of vided, That funding shall be available for the
officers, detailed to States, municipalities, or the PHS Act with respect to aging, purchase of not to exceed 29 passenger motor ve-
other organizations under authority of section $4,258,049,000. hicles for replacement only: Provided further,
214 of the PHS Act, or in overseas assignments, NATIONAL INSTITUTE OF ARTHRITIS AND That all funds credited to the NIH Management
MUSCULOSKELETAL AND SKIN DISEASES Fund shall remain available for one fiscal year
shall be treated as non-Federal employees for re-
after the fiscal year in which they are depos-
porting purposes only and shall not be included For carrying out section 301 and title IV of
ited: Provided further, That $180,000,000 shall be
within any personnel ceiling applicable to the the PHS Act with respect to arthritis and mus-
for the Environmental Influences on Child
Agency, Service, or HHS during the period of culoskeletal and skin diseases, $679,410,000.
Health Outcomes study: Provided further, That
detail or assignment: Provided further, That NATIONAL INSTITUTE ON DEAFNESS AND OTHER $657,112,000 shall be available for the Common
CDC may use up to $10,000 from amounts appro- COMMUNICATION DISORDERS Fund established under section 402A(c)(1) of the
priated to CDC in this Act for official reception
For carrying out section 301 and title IV of PHS Act: Provided further, That of the funds
and representation expenses when specifically
the PHS Act with respect to deafness and other provided, $10,000 shall be for official reception
approved by the Director of CDC: Provided fur-
communication disorders, $522,758,000. and representation expenses when specifically
ther, That in addition, such sums as may be de- approved by the Director of the NIH: Provided
rived from authorized user fees, which shall be NATIONAL INSTITUTE OF NURSING RESEARCH
further, That the Office of AIDS Research with-
credited to the appropriation charged with the For carrying out section 301 and title IV of
in the Office of the Director of the NIH may
cost thereof: Provided further, That with respect the PHS Act with respect to nursing research, spend up to $8,000,000 to make grants for con-
to the previous proviso, authorized user fees $200,782,000. struction or renovation of facilities as provided
from the Vessel Sanitation Program and the NATIONAL INSTITUTE ON ALCOHOL ABUSE AND for in section 2354(a)(5)(B) of the PHS Act: Pro-
Respirator Certification Program shall be avail- ALCOHOLISM vided further, That $50,000,000 shall be used to
able through September 30, 2023. carry out section 404I of the PHS Act (42 U.S.C.
For carrying out section 301 and title IV of
NATIONAL INSTITUTES OF HEALTH the PHS Act with respect to alcohol abuse and 283K), relating to biomedical and behavioral re-
alcoholism, $582,422,000. search facilities: Provided further, That
NATIONAL CANCER INSTITUTE
NATIONAL INSTITUTE ON DRUG ABUSE
$5,000,000 shall be transferred to and merged
For carrying out section 301 and title IV of with the appropriation for the ‘‘Office of In-
the PHS Act with respect to cancer, For carrying out section 301 and title IV of spector General’’ for oversight of grant pro-
$6,798,056,000, of which up to $30,000,000 may be the PHS Act with respect to drug abuse, grams and operations of the NIH, including
used for facilities repairs and improvements at $1,860,329,000. agency efforts to ensure the integrity of its
the National Cancer Institute—Frederick Feder- NATIONAL INSTITUTE OF MENTAL HEALTH grant application evaluation and selection proc-
ally Funded Research and Development Center For carrying out section 301 and title IV of esses, and shall be in addition to funds other-
in Frederick, Maryland. the PHS Act with respect to mental health, wise made available for oversight of the NIH:
$2,147,085,000. Provided further, That the funds provided in
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
the previous proviso may be transferred from
For carrying out section 301 and title IV of one specified activity to another with 15 days
the PHS Act with respect to cardiovascular, For carrying out section 301 and title IV of prior approval of the Committees on Appropria-
lung, and blood diseases, and blood and blood the PHS Act with respect to human genome re- tions of the House of Representatives and the
products, $3,866,828,000. search, $646,295,000. Senate: Provided further, That the Inspector
NATIONAL INSTITUTE OF DENTAL AND
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING General shall consult with the Committees on
CRANIOFACIAL RESEARCH
AND BIOENGINEERING Appropriations of the House of Representatives
For carrying out section 301 and title IV of and the Senate before submitting to the Commit-
For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging tees an audit plan for fiscal years 2022 and 2023
the PHS Act with respect to dental and and bioengineering research, $431,081,000. no later than 30 days after the date of enact-
craniofacial diseases, $519,010,000. ment of this Act: Provided further, That
NATIONAL CENTER FOR COMPLEMENTARY AND
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE amounts made available under this heading are
INTEGRATIVE HEALTH
AND KIDNEY DISEASES also available to establish, operate, and support
For carrying out section 301 and title IV of the Research Policy Board authorized by section
For carrying out section 301 and title IV of the PHS Act with respect to complementary and 2034(f) of the 21st Century Cures Act: Provided
the PHS Act with respect to diabetes and diges- integrative health, $185,295,000. further, That the funds made available under
tive and kidney disease, $2,237,625,000. NATIONAL INSTITUTE ON MINORITY HEALTH AND this heading for the Office of Research on Wom-
NATIONAL INSTITUTE OF NEUROLOGICAL HEALTH DISPARITIES en’s Health shall also be available for making
DISORDERS AND STROKE For carrying out section 301 and title IV of grants to serve and promote the interests of
the PHS Act with respect to minority health and women in research, and the director of such Of-
For carrying out section 301 and title IV of
health disparities research, $661,879,000. fice may, in making such grants, use the au-
the PHS Act with respect to neurological dis-
thorities available to NIH Institutes and Centers
orders and stroke, $2,723,515,000. JOHN E. FOGARTY INTERNATIONAL CENTER
with respect to research on the role of sex and
NATIONAL INSTITUTE OF ALLERGY AND For carrying out the activities of the John E. gender on health.
INFECTIOUS DISEASES Fogarty International Center (described in sub- In addition to other funds appropriated for
part 2 of part E of title IV of the PHS Act), the Common Fund established under section
For carrying out section 301 and title IV of $96,842,000. 402A(c) of the PHS Act, $12,600,000 is appro-
the PHS Act with respect to allergy and infec-
NATIONAL LIBRARY OF MEDICINE priated to the Common Fund for the purpose of
tious diseases, $6,557,803,000.
For carrying out section 301 and title IV of carrying out section 402(b)(7)(B)(ii) of the PHS
NATIONAL INSTITUTE OF GENERAL MEDICAL Act (relating to pediatric research), as author-
the PHS Act with respect to health information
SSpencer on DSK126QN23PROD with HOUSE
SCIENCES ized in the Gabriella Miller Kids First Research
communications, $486,769,000: Provided, That of
For carrying out section 301 and title IV of the amounts available for improvement of infor- Act, of which $3,000,000 shall be derived from
the PHS Act with respect to general medical mation systems, $4,000,000 shall be available the 10-year Pediatric Research Initiative Fund
sciences, $3,139,656,000, of which $1,271,505,000 until September 30, 2023: Provided further, That described in section 9008 of the Internal Revenue
shall be from funds available under section 241 in fiscal year 2022, the National Library of Med- Code of 1986 (26 U.S.C. 9008).
of the PHS Act: Provided, That not less than icine may enter into personal services contracts BUILDINGS AND FACILITIES
$415,000,000 is provided for the Institutional De- for the provision of services in facilities owned, For the study of, construction of, demolition
velopment Awards program. operated, or constructed under the jurisdiction of, renovation of, and acquisition of equipment
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3941
for, facilities of or used by NIH, including the section 1920(b) technical assistance, national using national survey results that the Secretary
acquisition of real property, $250,000,000, to re- data, data collection and evaluation activities, determines are the most objective and reliable
main available through September 30, 2026. and further that the total available under this measure of drug use and drug-related deaths:
NIH INNOVATION ACCOUNT, CURES ACT Act for section 1920(b) activities shall not exceed Provided further, That the Secretary shall sub-
(INCLUDING TRANSFER OF FUNDS)
5 percent of the amounts appropriated for sub- mit the formula methodology to the Committees
part I of part B of title XIX: Provided further, on Appropriations of the House of Representa-
For necessary expenses to carry out the pur- That of the funds made available under this tives and the Senate not less than 15 days prior
poses described in section 1001(b)(4) of the 21st heading for subpart I of part B of title XIX of to publishing a Funding Opportunity An-
Century Cures Act, in addition to amounts the PHS Act, at least 10 percent shall be avail- nouncement: Provided further, That prevention
available for such purposes in the appropria- able to support evidence-based crisis systems: and treatment activities funded through such
tions provided to the NIH in this Act, Provided further, That up to 10 percent of the grants may include education, treatment (in-
$496,000,000, to remain available until expended: amounts made available to carry out the Chil- cluding the provision of medication), behavioral
Provided, That such amounts are appropriated dren’s Mental Health Services program may be health services for individuals in treatment pro-
pursuant to section 1001(b)(3) of such Act, are to used to carry out demonstration grants or con- grams, referral to treatment services, recovery
be derived from amounts transferred under sec- tracts for early interventions with persons not support, and medical screening associated with
tion 1001(b)(2)(A) of such Act, and may be more than 25 years of age at clinical high risk such treatment: Provided further, That each
transferred by the Director of the National In- of developing a first episode of psychosis: Pro- State, as well as the District of Columbia, shall
stitutes of Health to other accounts of the Na- vided further, That section 520E(b)(2) of the receive not less than $4,000,000: Provided fur-
tional Institutes of Health solely for the pur- PHS Act shall not apply to funds appropriated ther, That in addition to amounts provided
poses provided in such Act: Provided further, in this Act for fiscal year 2022: Provided further, herein, the following amounts shall be available
That upon a determination by the Director that That States shall expend at least 10 percent of under section 241 of the PHS Act: (1) $79,200,000
funds transferred pursuant to the previous pro- the amount each receives for carrying out sec- to carry out subpart II of part B of title XIX of
viso are not necessary for the purposes provided, tion 1911 of the PHS Act to support evidence- the PHS Act to fund section 1935(b) technical
such amounts may be transferred back to the based programs that address the needs of indi- assistance, national data, data collection and
Account: Provided further, That the transfer viduals with early serious mental illness, includ- evaluation activities, and further that the total
authority provided under this heading is in ad- ing psychotic disorders, regardless of the age of available under this Act for section 1935(b) ac-
dition to any other transfer authority provided the individual at onset: Provided further, That tivities shall not exceed 5 percent of the amounts
by law. $375,000,000 shall be available until September appropriated for subpart II of part B of title
ADVANCED RESEARCH PROJECTS AGENCY FOR 30, 2024 for grants to communities and commu- XIX; and (2) $2,000,000 to evaluate substance
HEALTH nity organizations who meet criteria for Cer- abuse treatment programs: Provided further,
For carrying out section 301 and title IV of tified Community Behavioral Health Clinics That each State that receives funds appro-
the PHS Act with respect to advanced research pursuant to section 223(a) of Public Law 113–93: priated under this heading for carrying out sub-
projects for health, $3,000,000,000, to remain Provided further, That none of the funds pro- part II of part B of title XIX of the PHS Act
available through September 30, 2024: Provided, vided for section 1911 of the PHS Act shall be shall expend not less than 10 percent of such
That such funds shall only be made available if subject to section 241 of such Act: Provided fur- funds for recovery support services: Provided
legislation specifically establishing the Ad- ther, That of the funds made available under further, That none of the funds provided for
vanced Research Projects Agency for Health this heading, $21,420,000 shall be to carry out section 1921 of the PHS Act or State Opioid Re-
(‘‘ARPA–H’’) is enacted into law: Provided fur- section 224 of the Protecting Access to Medicare sponse Grants shall be subject to section 241 of
ther, That the Director of ARPA–H may utilize Act of 2014 (Public Law 113–93; 42 U.S.C. 290aa such Act.
all of the authorities and processes established 22 note): Provided further, That notwith- SUBSTANCE ABUSE PREVENTION
under section 24 of the Stevenson-Wydler Tech- standing sections 1911(b) and 1912 of the PHS For carrying out titles III and V of the PHS
nology Innovation Act of 1980 (15 U.S.C. 3719) to Act, amounts made available under this heading Act with respect to substance abuse prevention,
support prize competitions: Provided further, for subpart I of part B of title XIX of such Act $243,503,000.
That research funded by amounts made avail- shall also be available to support evidence-based HEALTH SURVEILLANCE AND PROGRAM SUPPORT
able under this heading shall not be subject to programs that address early intervention and For program support and cross-cutting activi-
the requirements of sections 406(a)(3)(A)(ii) or prevention of mental disorders among at-risk ties that supplement activities funded under the
492 of the PHS Act: Provided further, That the children and adults: Provided further, That headings ‘‘Mental Health’’, ‘‘Substance Abuse
Director of ARPA–H may enter into a multi-year States shall expend at least 10 percent of the Treatment’’, and ‘‘Substance Abuse Prevention’’
contract, with amounts made available under amount each receives for carrying out section in carrying out titles III, V, and XIX of the PHS
this heading, if— 1911 of the PHS Act to support evidence-based Act and the Protection and Advocacy for Indi-
(1) funds are available and obligated for the programs that address early intervention and viduals with Mental Illness Act in the Substance
contract, for the full period of the contract or prevention of mental disorders among at-risk Abuse and Mental Health Services Administra-
for the first fiscal year in which the contract is children and adults: Provided further, That not- tion, $212,108,000: Provided, That of the amount
in effect, and for the estimated costs associated withstanding section 1912 of the PHS Act, the made available under this heading, $70,665,000
with a necessary termination of the contract; plan described in such section and section shall be used for the projects, and in the
(2) the Director determines that a multiyear 1911(b) of the PHS Act shall also include the evi- amounts, specified under the heading ‘‘Health
contract will serve the best interests of the Fed- dence-based programs described in the previous Surveillance and Program Support’’ in the re-
eral Government in carrying out the responsibil- proviso, pursuant to plan criteria established by port accompanying this Act, of which $1,000,000
ities of ARPA–H; and the Secretary. may be used for related agency administrative
(3) the contract includes a clause that pro- SUBSTANCE ABUSE TREATMENT expenses: Provided further, That none of the
vides that the contract shall be terminated if
For carrying out titles III and V of the PHS funds made available for projects described in
funds are not made available for the continu-
Act with respect to substance abuse treatment the preceding proviso shall be subject to section
ation of the contract in a fiscal year covered by
and title XIX of such Act with respect to sub- 241 of the PHS Act or section 205 of this Act:
the contract;
stance abuse treatment and prevention, and the Provided further, That in addition to amounts
Provided further, That funds available for pay-
SUPPORT for Patients and Communities Act, provided herein, $31,428,000 shall be available
ing termination costs pursuant to the previous
$5,430,743,000: Provided, That $2,000,000,000 under section 241 of the PHS Act to supplement
proviso shall remain available for that purpose
shall be for State Opioid Response Grants for funds available to carry out national surveys on
until the costs associated with termination of
carrying out activities pertaining to opioids and drug abuse and mental health, to collect and
the contract are paid.
stimulants undertaken by the State agency re- analyze program data, and to conduct public
SUBSTANCE ABUSE AND MENTAL HEALTH sponsible for administering the substance abuse awareness and technical assistance activities:
SERVICES ADMINISTRATION prevention and treatment block grant under Provided further, That, in addition, fees may be
MENTAL HEALTH subpart II of part B of title XIX of the PHS Act collected for the costs of publications, data, data
For carrying out titles III, V, and XIX of the (42 U.S.C. 300x–21 et seq.): Provided further, tabulations, and data analysis completed under
PHS Act with respect to mental health, and the That of such amount $75,000,000 shall be made title V of the PHS Act and provided to a public
Protection and Advocacy for Individuals with available to Indian Tribes or tribal organiza- or private entity upon request, which shall be
Mental Illness Act, $3,128,256,000: Provided, tions: Provided further, That 15 percent of the credited to this appropriation and shall remain
That of the funds made available under this remaining amount shall be for the States with available until expended for such purposes: Pro-
heading, $100,000,000 shall be for the National the highest mortality rate related to opioid use vided further, That amounts made available in
Child Traumatic Stress Initiative: Provided fur- disorders: Provided further, That of the this Act for carrying out section 501(o) of the
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ther, That notwithstanding section 520A(f)(2) of amounts provided for State Opioid Response PHS Act shall remain available through Sep-
the PHS Act, no funds appropriated for car- Grants not more than 2 percent shall be avail- tember 30, 2023: Provided further, That funds
rying out section 520A shall be available for car- able for Federal administrative expenses, train- made available under this heading (other than
rying out section 1971 of the PHS Act: Provided ing, technical assistance, and evaluation: Pro- amounts specified in the first proviso under this
further, That in addition to amounts provided vided further, That of the amount not reserved heading) may be used to supplement program
herein, $21,039,000 shall be available under sec- by the previous three provisos, the Secretary support funding provided under the headings
tion 241 of the PHS Act to carry out subpart I shall make allocations to States, territories, and ‘‘Mental Health’’, ‘‘Substance Abuse Treat-
of part B of title XIX of the PHS Act to fund the District of Columbia according to a formula ment’’, and ‘‘Substance Abuse Prevention’’.
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H3942 CONGRESSIONAL RECORD — HOUSE July 27, 2021
AGENCY FOR HEALTHCARE RESEARCH AND 1876(k)(4)(D) of that Act: Provided further, That each State and territory was allocated in fiscal
QUALITY of the amount made available under this head- year 2021 pursuant to allocations made from
HEALTHCARE RESEARCH AND QUALITY ing, $472,163,000 shall remain available until amounts appropriated under this heading in
September 30, 2023, and shall be available for title II of division H of the Consolidated Appro-
For carrying out titles III and IX of the PHS
the Survey and Certification Program: Provided priations Act, 2021 (Public Law 116–260): Pro-
Act, part A of title XI of the Social Security Act,
further, That amounts available under this vided further, That of the remaining amount
and section 1013 of the Medicare Prescription
heading to support quality improvement organi- made available under this heading that is not
Drug, Improvement, and Modernization Act of
zations (as defined in section 1152 of the Social designated for allocation in the preceding two
2003, $250,792,000: Provided, That in addition to
Security Act) shall not exceed the amount spe- provisos, $75,000,000 shall be allocated as though
amounts provided herein $129,208,000 shall be
cifically provided for such purpose under this the total appropriation for such payments for
available from amounts available under section
heading in division H of the Consolidated Ap- fiscal year 2022 was less than $1,975,000,000.
241 of the PHS Act: Provided further, That sec-
propriations Act, 2018 (Public Law 115–141). REFUGEE AND ENTRANT ASSISTANCE
tion 947(c) of the PHS Act shall not apply in fis-
cal year 2022: Provided further, That in addi- HEALTH CARE FRAUD AND ABUSE CONTROL For necessary expenses for refugee and en-
tion, amounts received from Freedom of Infor- ACCOUNT trant assistance activities authorized by section
mation Act fees, reimbursable and interagency In addition to amounts otherwise available for 414 of the Immigration and Nationality Act and
agreements, and the sale of data shall be cred- program integrity and program management, section 501 of the Refugee Education Assistance
ited to this appropriation and shall remain $872,793,000, to remain available through Sep- Act of 1980, and for carrying out section 462 of
available until September 30, 2023. tember 30, 2023, to be transferred from the Fed- the Homeland Security Act of 2002, section 235
CENTERS FOR MEDICARE & MEDICAID SERVICES eral Hospital Insurance Trust Fund and the of the William Wilberforce Trafficking Victims
Federal Supplementary Medical Insurance Protection Reauthorization Act of 2008, the
GRANTS TO STATES FOR MEDICAID
Trust Fund, as authorized by section 201(g) of Trafficking Victims Protection Act of 2000
For carrying out, except as otherwise pro- the Social Security Act, of which $650,726,000 (‘‘TVPA’’), and the Torture Victims Relief Act
vided, titles XI and XIX of the Social Security shall be for the Centers for Medicare & Med- of 1998, $4,504,947,000, of which $4,408,467,000
Act, $368,666,106,000, to remain available until icaid Services program integrity activities, of shall remain available through September 30,
expended. which $109,145,000 shall be for the Department 2024 for carrying out such sections 414, 501, 462,
In addition, for carrying out such titles after of Health and Human Services Office of Inspec- and 235 and $30,000,000 shall remain available
May 31, 2022, for the last quarter of fiscal year tor General to carry out fraud and abuse activi- until expended for the purposes authorized in
2022 for unanticipated costs incurred for the ties authorized by section 1817(k)(3) of such Act, section 238 of this title: Provided, That amounts
current fiscal year, such sums as may be nec- and of which $112,922,000 shall be for the De- available under this heading to carry out the
essary, to remain available until expended. partment of Justice to carry out fraud and TVPA shall also be available for research and
In addition, for carrying out such titles for abuse activities authorized by section 1817(k)(3) evaluation with respect to activities under such
the first quarter of fiscal year 2023, of such Act: Provided, That the report required Act: Provided further, That the contribution of
$165,722,018,000, to remain available until ex- by section 1817(k)(5) of the Social Security Act funds requirement under section 235(c)(6)(C)(iii)
pended. for fiscal year 2022 shall include measures of the of the William Wilberforce Trafficking Victims
Payment under such title XIX may be made operational efficiency and impact on fraud, Protection Reauthorization Act of 2008 shall not
for any quarter with respect to a State plan or waste, and abuse in the Medicare, Medicaid, apply to funds made available under this head-
plan amendment in effect during such quarter, and CHIP programs for the funds provided by ing.
if submitted in or prior to such quarter and ap- this appropriation: Provided further, That of PAYMENTS TO STATES FOR THE CHILD CARE AND
proved in that or any subsequent quarter. the amount provided under this heading, DEVELOPMENT BLOCK GRANT
PAYMENTS TO THE HEALTH CARE TRUST FUNDS $317,000,000 is provided to meet the terms of sec-
For carrying out the Child Care and Develop-
For payment to the Federal Hospital Insur- tion 1(j) of H. Res. 467 of the 117th Congress as
ment Block Grant Act of 1990 (‘‘CCDBG Act’’),
ance Trust Fund and the Federal Supple- engrossed in the House of Representatives on
$7,377,000,000 shall be used to supplement, not
mentary Medical Insurance Trust Fund, as pro- June 14, 2021, and $555,793,000 is additional new
supplant State general revenue funds for child
vided under sections 217(g), 1844, and 1860D–16 budget authority specified for purposes of such
care assistance for low-income families: Pro-
of the Social Security Act, sections 103(c) and section 1(j): Provided further, That the Sec-
vided, That technical assistance under section
111(d) of the Social Security Amendments of retary shall provide not less than $30,000,000
658I(a)(3) of such Act may be provided directly,
1965, section 278(d)(3) of Public Law 97–248, and from amounts made available under this head-
or through the use of contracts, grants, coopera-
for administrative expenses incurred pursuant ing and amounts made available for fiscal year
tive agreements, or interagency agreements: Pro-
to section 201(g) of the Social Security Act, 2022 under section 1817(k)(3)(A) of the Social Se-
vided further, That all funds made available to
$487,862,000,000. curity Act for the Senior Medicare Patrol pro-
carry out section 418 of the Social Security Act
In addition, for making matching payments gram to combat health care fraud and abuse.
(42 U.S.C. 618), including funds appropriated
under section 1844 and benefit payments under ADMINISTRATION FOR CHILDREN AND FAMILIES for that purpose in such section 418 or any other
section 1860D–16 of the Social Security Act that PAYMENTS TO STATES FOR CHILD SUPPORT provision of law, shall be subject to the reserva-
were not anticipated in budget estimates, such ENFORCEMENT AND FAMILY SUPPORT PROGRAMS tion of funds authority in paragraphs (4) and
sums as may be necessary. For carrying out, except as otherwise pro- (5) of section 658O(a) of the CCDBG Act: Pro-
PROGRAM MANAGEMENT vided, titles I, IV–D, X, XI, XIV, and XVI of the vided further, That in addition to the amounts
For carrying out, except as otherwise pro- Social Security Act and the Act of July 5, 1960, required to be reserved by the Secretary under
vided, titles XI, XVIII, XIX, and XXI of the So- $2,794,432,000, to remain available until ex- section 658O(a)(2)(A) of such Act, $177,330,000
cial Security Act, titles XIII and XXVII of the pended; and for such purposes for the first shall be for Indian tribes and tribal organiza-
PHS Act, the Clinical Laboratory Improvement quarter of fiscal year 2023, $1,300,000,000, to re- tions.
Amendments of 1988, and other responsibilities main available until expended. SOCIAL SERVICES BLOCK GRANT
of the Centers for Medicare & Medicaid Serv- For carrying out, after May 31 of the current For making grants to States pursuant to sec-
ices, not to exceed $4,315,843,000, to be trans- fiscal year, except as otherwise provided, titles tion 2002 of the Social Security Act,
ferred from the Federal Hospital Insurance I, IV–D, X, XI, XIV, and XVI of the Social Se- $1,700,000,000: Provided, That notwithstanding
Trust Fund and the Federal Supplementary curity Act and the Act of July 5, 1960, for the subparagraph (B) of section 404(d)(2) of such
Medical Insurance Trust Fund, as authorized last 3 months of the current fiscal year for un- Act, the applicable percent specified under such
by section 201(g) of the Social Security Act; to- anticipated costs, incurred for the current fiscal subparagraph for a State to carry out State pro-
gether with all funds collected in accordance year, such sums as may be necessary. grams pursuant to title XX–A of such Act shall
with section 353 of the PHS Act and section LOW INCOME HOME ENERGY ASSISTANCE be 10 percent.
1857(e)(2) of the Social Security Act, funds re- For making payments under subsections (b) In addition, $200,000,000 for carrying out a
tained by the Secretary pursuant to section and (d) of section 2602 of the Low-Income Home supplemental grant program to make grants to
1893(h) of the Social Security Act, and such Energy Assistance Act of 1981 (42 U.S.C. 8621 et States to be distributed as provided for under
sums as may be collected from authorized user seq.), $3,900,304,000: Provided, That notwith- section 2002 of the Social Security Act and sub-
fees and the sale of data, which shall be cred- standing section 2609A(a) of such Act, not more ject to the limitations of section 2005 of such
ited to this account and remain available until than $3,500,000 may be reserved by the Secretary Act: Provided, That funds appropriated in this
expended: Provided, That all funds derived in of Health and Human Services for technical as- paragraph are in addition to the entitlement
accordance with 31 U.S.C. 9701 from organiza- sistance, training, and monitoring of program grants authorized by section 2002(a)(1) of the
tions established under title XIII of the PHS Act activities for compliance with internal controls, Social Security Act and shall not be available
SSpencer on DSK126QN23PROD with HOUSE
shall be credited to and available for carrying policies and procedures and the Secretary may, for such entitlement grants: Provided further,
out the purposes of this appropriation: Provided in addition to the authorities provided in section That such supplemental grants shall be used by
further, That the Secretary is directed to collect 2609A(a)(1), use such funds through contracts States to make subgrants to social service agen-
fees in fiscal year 2022 from Medicare Advan- with private entities that do not qualify as non- cies or other nonprofit organizations to provide
tage organizations pursuant to section 1857(e)(2) profit organizations: Provided further, that diapers and diapering supplies (including diaper
of the Social Security Act and from eligible or- $3,746,804,000 of the amount appropriated under wipes, diaper cream, and other supplies nec-
ganizations with risk-sharing contracts under this heading shall be allocated to each State essary to ensure that a child using a diaper is
section 1876 of that Act pursuant to section and territory in amounts equal to the amount properly cleaned and protected from diaper
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3943
rash) to families in need: Provided further, That (4) $250,000,000 shall be available for quality providing direct payments to any victim of fam-
such supplemental grants are used by States to improvement consistent with paragraph (5) of ily violence, domestic violence, or dating vio-
supplement, not supplant, State general revenue section 640(a) of such Act, except that any lence, or to any dependent of such victim, not-
funds provided for such purposes: Provided fur- amount of such funds may be used for any of withstanding section 308(d)(1) of such Act: Pro-
ther, That the term ‘‘in need’’, with respect to a the activities described in such section (5), of vided further, That $7,000,000 shall be allocated,
family, means a family whose self-certified in- which not less than $12,500,000 shall be avail- notwithstanding section 303(a)(2) of the Family
come is not more than 200 percent of the Federal able to migrant and seasonal Head Start pro- Violence Prevention and Services Act, for car-
poverty line, as defined by the Office of Man- grams for such activities, in addition to funds rying out section 309 of such Act; and $6,750,000
agement and Budget and revised annually in made available for migrant and seasonal Head shall be for necessary administrative expenses to
accordance with section 673(2) of the Omnibus Start programs under any other provision of sec- carry out such Act and section 2204 of the Amer-
Budget Reconciliation Act of 1981 applicable to tion 640(a) of such Act; ican Rescue Plan Act of 2021, in addition to
a family of the size involved: Provided further, (5) $200,000,000 shall be available through Sep- amounts otherwise available for such purposes:
That not later than December 31, 2022, each sub- tember 30, 2023, of which up to 1 percent may be Provided further, That the percentages specified
grantee receiving funding from amounts made reserved for research and evaluation, and the in section 112(a)(2) of the Child Abuse Preven-
available in this paragraph shall submit a re- remaining unreserved amount shall be available
tion and Treatment Act shall not apply to funds
port to the applicable State on the use of such in addition to funds made available under any
appropriated under this heading: Provided fur-
funds: Provided further, That each State shall other provision of section 640, for award by the
ther, That $4,000,000 shall be for a human serv-
include in the annual report required under sec- Secretary to grantees that apply for supple-
ices case management system for federally de-
tion 2006 of the Social Security Act and sub- mental funding to increase their hours of pro-
clared disasters, to include a comprehensive na-
mitted with respect to fiscal year 2023 informa- gram operations and for training and technical
assistance for such activities; tional case management contract and Federal
tion detailing how grantees and subgrantees
(6) $8,000,000 shall be available for the pur- costs of administering the system: Provided fur-
used funds made available in this paragraph to
poses of maintaining the Tribal Colleges and ther, That up to $2,000,000 shall be for improv-
distribute diapers and diapering supplies to fam-
ilies in need. Universities Head Start Partnership Program ing the Public Assistance Reporting Information
consistent with section 648(g) of such Act; and System, including grants to States to support
CHILDREN AND FAMILIES SERVICES PROGRAMS
(7) $21,000,000 shall be available to supplement data collection for a study of the system’s effec-
For carrying out, except as otherwise pro- funding otherwise available for research, eval- tiveness.
vided, the Runaway and Homeless Youth Act, uation, and Federal administrative costs:
the Head Start Act, the Every Student Succeeds Provided further, That the Secretary may re-
Act, the Child Abuse Prevention and Treatment duce the reservation of funds under section PROMOTING SAFE AND STABLE FAMILIES
Act, sections 303 and 313 of the Family Violence 640(a)(2)(C) of such Act in lieu of reducing the
Prevention and Services Act, the Native Amer- reservation of funds under sections 640(a)(2)(B), For carrying out, except as otherwise pro-
ican Programs Act of 1974, title II of the Child 640(a)(2)(D), and 640(a)(2)(E) of such Act: Pro- vided, section 436 of the Social Security Act,
Abuse Prevention and Treatment and Adoption vided further, That $450,000,000 shall be avail- $345,000,000 and, for carrying out, except as oth-
Reform Act of 1978 (adoption opportunities), able until December 31, 2022 for carrying out erwise provided, section 437 of such Act,
part B–1 of title IV and sections 429, 473A, sections 9212 and 9213 of the Every Student Suc- $106,000,000: Provided, That of the funds avail-
477(i), 1110, 1114A, and 1115 of the Social Secu- ceeds Act: Provided further, That up to 3 per- able to carry out section 437, $60,000,000 shall be
rity Act, and the Community Services Block cent of the funds in the preceding proviso shall allocated consistent with subsections (b)
Grant Act (‘‘CSBG Act’’); and for necessary ad- be available for technical assistance and evalua- through (d) of such section: Provided further,
ministrative expenses to carry out titles I, IV, V, tion related to grants awarded under such sec- That of the funds available to carry out section
X, XI, XIV, XVI, and XX–A of the Social Secu- tion 9212: Provided further, That $834,000,000 437, to assist in meeting the requirements de-
rity Act, the Act of July 5, 1960, the Low-Income shall be for making payments under the CSBG scribed in section 471(e)(4)(C), $30,000,000 shall
Home Energy Assistance Act of 1981, the Child be for grants to each State, territory, and In-
Act: Provided further, That for the purposes of
Care and Development Block Grant Act of 1990, dian tribe operating title IV–E plans for devel-
carrying out the CSBG Act, the term ‘‘poverty
title IV of the Immigration and Nationality Act, oping, enhancing, or evaluating kinship navi-
line’’ as defined in section 673(2) of the CSBG
section 501 of the Refugee Education Assistance gator programs, as described in section 427(a)(1)
Act means 200 percent of the poverty line other-
Act of 1980, and section 2204 of the American of such Act and $9,000,000, in addition to funds
wise applicable under such section (excluding
Rescue Plan Act of 2021, $15,232,981,000, of otherwise appropriated in section 476 for such
the last sentence of such section) without regard
which $75,000,000, to remain available through purposes, shall be for the Family First Clearing-
to such section: Provided further, That
September 30, 2023, shall be for grants to States house and to support evaluation and technical
$34,000,000 shall be for section 680 of the CSBG
for adoption and legal guardianship incentive assistance relating to the evaluation of child
Act, of which not less than $23,000,000 shall be
payments, as defined by section 473A of the So-
for section 680(a)(2) and not less than and family services: Provided further, That of
cial Security Act and may be made for adoptions
$11,000,000 shall be for section 680(a)(3)(B) of the funds available to carry out section 437,
and legal guardianships completed before Sep-
such Act: Provided further, That, notwith- $7,000,000 shall be for competitive grants to re-
tember 30, 2022: Provided, That $12,182,095,000
standing section 675C(a)(3) of the CSBG Act, to gional partnerships as described in section
shall be for making payments under the Head
the extent Community Services Block Grant 437(f), and shall be in addition to any other
Start Act, including for Early Head Start-Child
funds are distributed as grant funds by a State funds appropriated for such purposes: Provided
Care Partnerships, and, of which, notwith-
to an eligible entity as provided under such Act, further, That section 437(b)(1) shall be applied
standing section 640 of such Act:
(1) $234,000,000 shall be available for a cost of and have not been expended by such entity, to amounts in the previous proviso by sub-
living adjustment, and with respect to any con- they shall remain with such entity for carryover stituting ‘‘5 percent’’ for ‘‘3.3 percent’’, and not-
tinuing appropriations act, funding available into the next fiscal year for expenditure by such withstanding section 436(b)(1), such reserved
for a cost of living adjustment shall not be con- entity consistent with program purposes: Pro- amounts may be used for identifying, estab-
strued as an authority or condition under this vided further, That the Secretary shall establish lishing, and disseminating practices to meet the
Act; procedures regarding the disposition of intan- criteria specified in section 471(e)(4)(C): Pro-
(2) $25,000,000 shall be available for allocation gible assets and program income that permit vided further, That the reservation in section
by the Secretary to supplement activities de- such assets acquired with, and program income 437(b)(2) and the limitations in section 437(d)
scribed in paragraphs (7)(B) and (9) of section derived from, grant funds authorized under sec- shall not apply to funds specified in the second
641(c) of the Head Start Act under the Designa- tion 680 of the CSBG Act to become the sole proviso under this heading: Provided further,
tion Renewal System, established under the au- property of such grantees after a period of not That the minimum grant award for kinship nav-
thority of sections 641(c)(7), 645A(b)(12), and more than 12 years after the end of the grant igator programs in the case of States and terri-
645A(d) of such Act, and such funds shall not be period for any activity consistent with section tories shall be $200,000, and, in the case of
included in the calculation of ‘‘base grant’’ in 680(a)(2)(A) of the CSBG Act: Provided further, tribes, shall be $25,000.
subsequent fiscal years, as such term is used in That intangible assets in the form of loans, eq-
PAYMENTS FOR FOSTER CARE AND PERMANENCY
section 640(a)(7)(A) of such Act; uity investments and other debt instruments,
(3) $750,000,000, in addition to funds otherwise and program income may be used by grantees For carrying out, except as otherwise pro-
available for such purposes under section 640 of for any eligible purpose consistent with section vided, title IV–E of the Social Security Act,
the Head Start Act, shall be available through 680(a)(2)(A) of the CSBG Act: Provided further, $6,963,000,000.
September 30, 2023, for awards to eligible entities That these procedures shall apply to such grant
for Head Start and Early Head Start programs funds made available after November 29, 1999: For carrying out, except as otherwise pro-
and to entities defined as eligible under section Provided further, That funds appropriated for vided, title IV–E of the Social Security Act, for
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645A(d) of such Act for high quality infant and section 680(a)(2) of the CSBG Act shall be avail- the first quarter of fiscal year 2023,
toddler care through Early Head Start - Child able for financing construction and rehabilita- $3,200,000,000.
Care Partnerships, and for training and tech- tion and loans or investments in private busi- For carrying out, after May 31 of the current
nical assistance for such activities: Provided ness enterprises owned by community develop- fiscal year, except as otherwise provided, section
further, That of the funds made available in ment corporations: Provided further, That 474 of title IV–E of the Social Security Act, for
this paragraph, up to $21,000,000 shall be avail- $449,700,000 shall be for carrying out section the last 3 months of the current fiscal year for
able to the Secretary for the administrative costs 303(a) of the Family Violence Prevention and unanticipated costs, incurred for the current fis-
of carrying out this paragraph; Services Act, of which $175,000,000 shall be for cal year, such sums as may be necessary.
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H3944 CONGRESSIONAL RECORD — HOUSE July 27, 2021
ADMINISTRATION FOR COMMUNITY LIVING individual who is neither competent to consent Fund and the Federal Supplementary Medical
AGING AND DISABILITY SERVICES PROGRAMS nor has a legal guardian, nor shall the proviso Insurance Trust Fund.
(INCLUDING TRANSFER OF FUNDS) apply in the case of individuals who are a ward OFFICE OF THE NATIONAL COORDINATOR FOR
of the State or subject to public guardianship. HEALTH INFORMATION TECHNOLOGY
For carrying out, to the extent not otherwise
provided, the Older Americans Act of 1965 OFFICE OF THE SECRETARY For expenses necessary for the Office of the
(‘‘OAA’’), the RAISE Family Caregivers Act, the GENERAL DEPARTMENTAL MANAGEMENT National Coordinator for Health Information
Supporting Grandparents Raising Grand- For necessary expenses, not otherwise pro- Technology, including grants, contracts, and
children Act, titles III and XXIX of the PHS vided, for general departmental management, cooperative agreements for the development and
Act, sections 1252 and 1253 of the PHS Act, sec- including hire of six passenger motor vehicles, advancement of interoperable health informa-
tion 119 of the Medicare Improvements for Pa- and for carrying out titles III, XVII, XXI, and tion technology, $86,614,000 shall be available
tients and Providers Act of 2008, title XX–B of section 229 of the PHS Act, the United States- from amounts available under section 241 of the
the Social Security Act, the Developmental Dis- Mexico Border Health Commission Act, and re- PHS Act.
abilities Assistance and Bill of Rights Act, parts search studies under section 1110 of the Social OFFICE OF INSPECTOR GENERAL
2 and 5 of subtitle D of title II of the Help Amer- Security Act, $582,981,000, together with
ica Vote Act of 2002, the Assistive Technology For expenses necessary for the Office of In-
$74,828,000 from the amounts available under spector General, including the hire of passenger
Act of 1998, titles II and VII (and section 14
section 241 of the PHS Act to carry out national motor vehicles for investigations, in carrying out
with respect to such titles) of the Rehabilitation
health or human services research and evalua- the provisions of the Inspector General Act of
Act of 1973, and for Department-wide coordina-
tion activities: Provided, That of this amount, 1978, $100,000,000: Provided, That of such
tion of policy and program activities that assist
$58,400,000 shall be for minority AIDS preven- amount, necessary sums shall be available for
individuals with disabilities, $3,047,414,000, to-
tion and treatment activities: Provided further, providing protective services to the Secretary
gether with $57,115,000 to be transferred from
That of the funds made available under this and investigating non-payment of child support
the Federal Hospital Insurance Trust Fund and
heading, $130,000,000 shall be for making com- cases for which non-payment is a Federal of-
the Federal Supplementary Medical Insurance
petitive contracts and grants to public and pri- fense under 18 U.S.C. 228: Provided further,
Trust Fund to carry out section 4360 of the Om-
vate entities to fund medically accurate and age That, of the amount appropriated under this
nibus Budget Reconciliation Act of 1990: Pro-
appropriate programs that reduce teen preg- heading $5,300,000 shall be available through
vided, That amounts appropriated under this
nancy and for the Federal costs associated with September 30, 2023, for activities authorized
heading may be used for grants to States under
administering and evaluating such contracts under section 3022 of the PHS Act (42 U.S.C.
section 361 of the OAA only for disease preven-
and grants, of which not more than 10 percent 300jj-52).
tion and health promotion programs and activi-
of the available funds shall be for training and OFFICE FOR CIVIL RIGHTS
ties which have been demonstrated through rig-
technical assistance, evaluation, outreach, and
orous evaluation to be evidence-based and effec- For expenses necessary for the Office for Civil
additional program support activities, and of
tive: Provided further, That of amounts made Rights, $47,931,000.
the remaining amount 75 percent shall be for
available under this heading to carry out sec- RETIREMENT PAY AND MEDICAL BENEFITS FOR
replicating programs that have been proven ef-
tions 311, 331, and 336 of the OAA, up to one COMMISSIONED OFFICERS
fective through rigorous evaluation to reduce
percent of such amounts shall be available for
teenage pregnancy, behavioral risk factors un- For retirement pay and medical benefits of
developing and implementing evidence-based
derlying teenage pregnancy, or other associated Public Health Service Commissioned Officers as
practices for enhancing senior nutrition, includ-
risk factors, and 25 percent shall be available authorized by law, for payments under the Re-
ing medically-tailored meals: Provided further,
for research and demonstration grants to de- tired Serviceman’s Family Protection Plan and
That notwithstanding any other provision of
velop, replicate, refine, and test additional mod- Survivor Benefit Plan, and for medical care of
this Act, funds made available under this head-
els and innovative strategies for preventing dependents and retired personnel under the De-
ing to carry out section 311 of the OAA may be
teenage pregnancy: Provided further, That of pendents’ Medical Care Act, such amounts as
transferred to the Secretary of Agriculture in
the amounts provided under this heading from may be required during the current fiscal year.
accordance with such section: Provided further,
amounts available under section 241 of the PHS PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
That $2,000,000 shall be for competitive grants to
Act, $6,800,000 shall be available to carry out FUND
support alternative financing programs that
evaluations (including longitudinal evaluations)
provide for the purchase of assistive technology For expenses necessary to support activities
of teenage pregnancy prevention approaches:
devices, such as a low-interest loan fund; an in- related to countering potential biological, nu-
Provided further, That funds provided in this
terest buy-down program; a revolving loan fund; clear, radiological, chemical, and cybersecurity
Act for embryo adoption activities may be used
a loan guarantee; or an insurance program: threats to civilian populations, and for other
to provide to individuals adopting embryos,
Provided further, That applicants shall provide public health emergencies, $1,508,036,000, of
through grants and other mechanisms, medical
an assurance that, and information describing which $823,380,000 shall remain available
and administrative services deemed necessary
the manner in which, the alternative financing through September 30, 2023, for expenses nec-
for such adoptions: Provided further, That such
program will expand and emphasize consumer essary to support advanced research and devel-
services shall be provided consistent with 42
choice and control: Provided further, That State opment pursuant to section 319L of the PHS Act
CFR 59.5(a)(4): Provided further, That of the
agencies and community-based disability orga- and other administrative expenses of the Bio-
funds made available under this heading,
nizations that are directed by and operated for medical Advanced Research and Development
$5,000,000 shall be for carrying out prize com-
individuals with disabilities shall be eligible to Authority: Provided, That funds provided under
petitions sponsored by the Office of the Sec-
compete: Provided further, That none of the this heading for the purpose of acquisition of se-
retary to accelerate innovation in the preven-
funds made available under this heading may be curity countermeasures shall be in addition to
tion, diagnosis, and treatment of kidney dis-
used by an eligible system (as defined in section any other funds available for such purpose:
eases (as authorized by section 24 of the Steven-
102 of the Protection and Advocacy for Individ- Provided further, That products purchased with
son-Wydler Technology Innovation Act of 1980
uals with Mental Illness Act (42 U.S.C. 10802)) funds provided under this heading may, at the
(15 U.S.C. 3719)): Provided further, That not-
to continue to pursue any legal action in a Fed- discretion of the Secretary, be deposited in the
withstanding any other provision of law, the
eral or State court on behalf of an individual or Strategic National Stockpile pursuant to section
Secretary may use $7,891,000 of the amounts ap-
group of individuals with a developmental dis- 319F–2 of the PHS Act: Provided further, That
propriated under this heading to supplement
ability (as defined in section 102(8)(A) of the De- $5,000,000 of the amounts made available to sup-
funds otherwise available to the Secretary for
velopmental Disabilities and Assistance and Bill port emergency operations shall remain avail-
the hire and purchase of electric vehicles and
of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that able through September 30, 2024.
electric vehicle charging stations, and to cover
is attributable to a mental impairment (or a For expenses necessary for procuring security
other costs related to electrifying the motor vehi-
combination of mental and physical impair- countermeasures (as defined in section 319F–
cle fleet within HHS: Provided further, That
ments), that has as the requested remedy the 2(c)(1)(B) of the PHS Act), $770,000,000, to re-
electric chargers installed in a parking area
closure of State operated intermediate care fa- main available until expended.
with such funds described in the preceding pro-
cilities for people with intellectual or develop- For expenses necessary to carry out section
viso shall be deemed personal property under
mental disabilities, unless reasonable public no- 319F–2(a) of the PHS Act, $905,000,000, to remain
the control and custody of the Department of
tice of the action has been provided to such in- available until expended.
Health and Human Services managing such
dividuals (or, in the case of mental incapacita- For an additional amount for expenses nec-
parking area: Provided further, That of the
tion, the legal guardians who have been specifi- essary to prepare for or respond to an influenza
funds made available under this heading
cally awarded authority by the courts to make pandemic, $335,000,000; of which $300,000,000
$3,000,000 shall be for establishing a National
healthcare and residential decisions on behalf of shall be available until expended, for activities
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Health Care Workforce Commission (as author-
such individuals) who are affected by such ac- including the development and purchase of vac-
ized by section 5101 of Public Law 111–148).
tion, within 90 days of instituting such legal ac- cine, antivirals, necessary medical supplies,
tion, which informs such individuals (or such MEDICARE HEARINGS AND APPEALS diagnostics, and other surveillance tools: Pro-
legal guardians) of their legal rights and how to For expenses necessary for Medicare hearings vided, That notwithstanding section 496(b) of
exercise such rights consistent with current Fed- and appeals in the Office of the Secretary, the PHS Act, funds may be used for the con-
eral Rules of Civil Procedure: Provided further, $196,000,000 shall remain available until Sep- struction or renovation of privately owned fa-
That the limitations in the immediately pre- tember 30, 2023, to be transferred in appropriate cilities for the production of pandemic influenza
ceding proviso shall not apply in the case of an part from the Federal Hospital Insurance Trust vaccines and other biologics, if the Secretary
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3945
finds such construction or renovation necessary ees): Provided further, That nothing in this sec- Senate are notified at least 15 days in advance
to secure sufficient supplies of such vaccines or tion shall be construed to change the Medicare of any transfer.
biologics. program’s coverage for such services and a (TRANSFER OF FUNDS)
GENERAL PROVISIONS Medicare Advantage organization described in SEC. 214. Of the amounts made available in
SEC. 201. Funds appropriated in this title shall this section shall be responsible for informing this Act for NIH, the amount for research re-
be available for not to exceed $50,000 for official enrollees where to obtain information about all lated to the human immunodeficiency virus, as
reception and representation expenses when Medicare covered services. jointly determined by the Director of NIH and
specifically approved by the Secretary. SEC. 210. None of the funds made available in the Director of the Office of AIDS Research,
SEC. 202. None of the funds appropriated in this title may be used, in whole or in part, to ad- shall be made available to the ‘‘Office of AIDS
this title shall be used to pay the salary of an vocate or promote gun control. Research’’ account. The Director of the Office
individual, through a grant or other extramural SEC. 211. The Secretary shall make available of AIDS Research shall transfer from such ac-
mechanism, at a rate in excess of Executive through assignment not more than 60 employees count amounts necessary to carry out section
Level II: Provided, That none of the funds ap- of the Public Health Service to assist in child 2353(d)(3) of the PHS Act.
propriated in this title shall be used to prevent survival activities and to work in AIDS pro- SEC. 215. (a) AUTHORITY.—Notwithstanding
the NIH from paying up to 100 percent of the grams through and with funds provided by the any other provision of law, the Director of NIH
salary of an individual at this rate. Agency for International Development, the (‘‘Director’’) may use funds authorized under
SEC. 203. None of the funds appropriated in United Nations International Children’s Emer- section 402(b)(12) of the PHS Act to enter into
this Act may be expended pursuant to section gency Fund or the World Health Organization. transactions (other than contracts, cooperative
241 of the PHS Act, except for funds specifically SEC. 212. In order for HHS to carry out inter- agreements, or grants) to carry out research
provided for in this Act, or for other taps and national health activities, including HIV/AIDS identified pursuant to or research and activities
assessments made by any office located in HHS, and other infectious disease, chronic and envi- described in such section 402(b)(12).
prior to the preparation and submission of a re- ronmental disease, and other health activities (b) PEER REVIEW.—In entering into trans-
port by the Secretary to the Committees on Ap- abroad during fiscal year 2022: actions under subsection (a), the Director may
propriations of the House of Representatives (1) The Secretary may exercise authority utilize such peer review procedures (including
and the Senate detailing the planned uses of equivalent to that available to the Secretary of consultation with appropriate scientific experts)
such funds. State in section 2(c) of the State Department as the Director determines to be appropriate to
SEC. 204. Notwithstanding section 241(a) of Basic Authorities Act of 1956. The Secretary obtain assessments of scientific and technical
the PHS Act, such portion as the Secretary shall shall consult with the Secretary of State and merit. Such procedures shall apply to such
determine, but not more than 2.5 percent, of any relevant Chief of Mission to ensure that the au- transactions in lieu of the peer review and advi-
amounts appropriated for programs authorized thority provided in this section is exercised in a sory council review procedures that would oth-
under such Act shall be made available for the manner consistent with section 207 of the For- erwise be required under sections 301(a)(3),
evaluation (directly, or by grants or contracts) eign Service Act of 1980 and other applicable 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494
and the implementation and effectiveness of statutes administered by the Department of of the PHS Act.
programs funded in this title. State. SEC. 216. Not to exceed $45,000,000 of funds ap-
(2) The Secretary is authorized to provide propriated by this Act to the institutes and cen-
(TRANSFER OF FUNDS)
such funds by advance or reimbursement to the ters of the National Institutes of Health may be
SEC. 205. Not to exceed 1 percent of any discre- Secretary of State as may be necessary to pay used for alteration, repair, or improvement of
tionary funds (pursuant to the Balanced Budget the costs of acquisition, lease, alteration, ren- facilities, as necessary for the proper and effi-
and Emergency Deficit Control Act of 1985) ovation, and management of facilities outside of cient conduct of the activities authorized herein,
which are appropriated for the current fiscal the United States for the use of HHS. The De- at not to exceed $3,500,000 per project.
year for HHS in this Act may be transferred be- partment of State shall cooperate fully with the (TRANSFER OF FUNDS)
tween appropriations, but no such appropria- Secretary to ensure that HHS has secure, safe,
tion shall be increased by more than 3 percent SEC. 217. Of the amounts made available for
functional facilities that comply with applicable NIH, 1 percent of the amount made available for
by any such transfer: Provided, That the trans- regulation governing location, setback, and
fer authority granted by this section shall not be National Research Service Awards (‘‘NRSA’’)
other facilities requirements and serve the pur- shall be made available to the Administrator of
used to create any new program or to fund any poses established by this Act. The Secretary is
project or activity for which no funds are pro- the Health Resources and Services Administra-
authorized, in consultation with the Secretary tion to make NRSA awards for research in pri-
vided in this Act: Provided further, That the of State, through grant or cooperative agree-
Committees on Appropriations of the House of mary medical care to individuals affiliated with
ment, to make available to public or nonprofit entities who have received grants or contracts
Representatives and the Senate are notified at private institutions or agencies in participating
least 15 days in advance of any transfer. under sections 736, 739, or 747 of the PHS Act,
foreign countries, funds to acquire, lease, alter, and 1 percent of the amount made available for
SEC. 206. In lieu of the timeframe specified in or renovate facilities in those countries as nec-
section 338E(c)(2) of the PHS Act, terminations NRSA shall be made available to the Director of
essary to conduct programs of assistance for the Agency for Healthcare Research and Qual-
described in such section may occur up to 60 international health activities, including activi-
days after the effective date of a contract ity to make NRSA awards for health service re-
ties relating to HIV/AIDS and other infectious search.
awarded in fiscal year 2022 under section 338B diseases, chronic and environmental diseases,
of such Act, or at any time if the individual who SEC. 218. (a) The Biomedical Advanced Re-
and other health activities abroad. search and Development Authority (‘‘BARDA’’)
has been awarded such contract has not re- (3) The Secretary is authorized to provide to
ceived funds due under the contract. may enter into a contract, for more than one but
personnel appointed or assigned by the Sec- no more than 10 program years, for purchase of
SEC. 207. None of the funds appropriated in retary to serve abroad, allowances and benefits
this Act may be made available to any entity research services or of security countermeasures,
similar to those provided under chapter 9 of title as that term is defined in section 319F–2(c)(1)(B)
under title X of the PHS Act unless the appli- I of the Foreign Service Act of 1980, and 22
cant for the award certifies to the Secretary that of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), if—
U.S.C. 4081 through 4086 and subject to such (1) funds are available and obligated—
it encourages family participation in the deci- regulations prescribed by the Secretary. The (A) for the full period of the contract or for
sion of minors to seek family planning services Secretary is further authorized to provide local- the first fiscal year in which the contract is in
and that it provides counseling to minors on ity-based comparability payments (stated as a effect; and
how to resist attempts to coerce minors into en- percentage) up to the amount of the locality- (B) for the estimated costs associated with a
gaging in sexual activities. based comparability payment (stated as a per- necessary termination of the contract; and
SEC. 208. Notwithstanding any other provision (2) the Secretary determines that a multi-year
centage) that would be payable to such per-
of law, no provider of services under title X of contract will serve the best interests of the Fed-
sonnel under section 5304 of title 5, United
the PHS Act shall be exempt from any State law eral Government by encouraging full and open
States Code if such personnel’s official duty sta-
requiring notification or the reporting of child competition or promoting economy in adminis-
tion were in the District of Columbia. Leaves of
abuse, child molestation, sexual abuse, rape, or tration, performance, and operation of
absence for personnel under this subsection
incest. BARDA’s programs.
shall be on the same basis as that provided
SEC. 209. None of the funds appropriated by (b) A contract entered into under this sec-
under subchapter I of chapter 63 of title 5,
this Act (including funds appropriated to any tion—
United States Code, or section 903 of the Foreign
trust fund) may be used to carry out the Medi- (1) shall include a termination clause as de-
Service Act of 1980, to individuals serving in the
care Advantage program if the Secretary denies scribed by subsection (c) of section 3903 of title
Foreign Service.
participation in such program to an otherwise 41, United States Code; and
eligible entity (including a Provider Sponsored (TRANSFER OF FUNDS) (2) shall be subject to the congressional notice
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Organization) because the entity informs the SEC. 213. The Director of the NIH, jointly with requirement stated in subsection (d) of such sec-
Secretary that it will not provide, pay for, pro- the Director of the Office of AIDS Research, tion.
vide coverage of, or provide referrals for abor- may transfer up to 3 percent among institutes SEC. 219. The Secretary shall publish, as part
tions: Provided, That the Secretary shall make and centers from the total amounts identified by of the fiscal year 2023 budget of the President
appropriate prospective adjustments to the capi- these two Directors as funding for research per- submitted under section 1105(a) of title 31,
tation payment to such an entity (based on an taining to the human immunodeficiency virus: United States Code, information that details the
actuarially sound estimate of the expected costs Provided, That the Committees on Appropria- uses of all funds used by the Centers for Medi-
of providing the service to such entity’s enroll- tions of the House of Representatives and the care & Medicaid Services specifically for Health
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H3946 CONGRESSIONAL RECORD — HOUSE July 27, 2021
Insurance Exchanges for each fiscal year since (2) Notification of any new or competitive (2) the Secretary may grant a 60-day waiver
the enactment of the ACA and the proposed uses grant awards, including supplements, author- for a contractor’s or grantee’s non-compliance
for such funds for fiscal year 2023. Such infor- ized under section 330 of the Public Health Serv- with paragraph (1) if the Secretary certifies and
mation shall include, for each such fiscal year, ice Act. provides a report to Congress on the contractor’s
the amount of funds used for each activity spec- (b) The Committees on Appropriations of the or grantee’s good-faith efforts and progress to-
ified under the heading ‘‘Health Insurance Ex- House and Senate must be notified at least 2 wards compliance;
change Transparency’’ in the report accom- business days in advance of any public release (3) if the Secretary determines that a con-
panying this Act. of enrollment information or the award of such tractor or grantee is not in compliance after the
SEC. 220. None of the funds made available by grants. Secretary has granted a 60-day waiver, the Sec-
this Act from the Federal Hospital Insurance SEC. 226. The Department of Health and retary shall not permit such contractor or grant-
Trust Fund or the Federal Supplemental Med- Human Services shall provide the Committees on ee to continue to provide services beyond a rea-
ical Insurance Trust Fund, or transferred from Appropriations of the House of Representatives sonable period, not to exceed 60 days, needed to
other accounts funded by this Act to the ‘‘Cen- and Senate a biannual report 30 days after en- award a contract or grant to a new service pro-
ters for Medicare & Medicaid Services—Program actment of this Act on staffing described in the vider, and the incumbent contractor or grantee
Management’’ account, may be used for pay- report accompanying this Act. shall not be eligible to compete for the new con-
ments under section 1342(b)(1) of Public Law SEC. 227. Funds appropriated in this Act that tact or grant;
111–148 (relating to risk corridors). are available for salaries and expenses of em- (4) ORR shall ensure full adherence to the
(TRANSFER OF FUNDS) ployees of the Department of Health and monitoring requirements set forth in section 5.5
SEC. 221. (a) Within 45 days of enactment of Human Services shall also be available to pay of its Policies and Procedures Guide as of May
this Act, the Secretary shall transfer funds ap- travel and related expenses of such an employee 15, 2019;
or of a member of his or her family, when such (5) for any such unlicensed facility in oper-
propriated under section 4002 of the ACA to the
employee is assigned to duty, in the United ation for more than three consecutive months,
accounts specified, in the amounts specified,
States or in a U.S. territory, during a period ORR shall conduct a minimum of one com-
and for the activities specified under the head-
and in a location that are the subject of a deter- prehensive monitoring visit during the first
ing ‘‘Prevention and Public Health Fund’’ in
mination of a public health emergency under three months of operation, with quarterly moni-
the report accompanying this Act.
(b) Notwithstanding section 4002(c) of the section 319 of the Public Health Service Act and toring visits thereafter; and
such travel is necessary to obtain medical care (6) not later than 60 days after the date of en-
ACA, the Secretary may not further transfer
for an illness, injury, or medical condition that actment of this Act, ORR shall brief the Com-
these amounts.
(c) Funds transferred for activities authorized cannot be adequately addressed in that location mittees on Appropriations of the House of Rep-
under section 2821 of the PHS Act shall be made at that time. For purposes of this section, the resentatives and the Senate outlining the re-
available without reference to section 2821(b) of term ‘‘U.S. territory’’ means Guam, the Com- quirements of ORR for influx facilities including
such Act. monwealth of Puerto Rico, the Northern Mar- any requirement listed in paragraph (1)(A) that
SEC. 222. Effective during the period begin- the Secretary has determined are not applicable
iana Islands, the Virgin Islands, American
ning on November 1, 2015 and ending January 1, to non-State licensed facilities.
Samoa, or the Trust Territory of the Pacific Is-
2024, any provision of law that refers (including SEC. 230. In addition to the existing Congres-
lands. sional notification for formal site assessments of
through cross-reference to another provision of SEC. 228. The Department of Health and
law) to the current recommendations of the potential influx facilities, the Secretary shall
Human Services may accept donations from the
United States Preventive Services Task Force notify the Committees on Appropriations of the
private sector, nongovernmental organizations,
with respect to breast cancer screening, mam- House of Representatives and the Senate at
and other groups independent of the Federal
mography, and prevention shall be administered least 15 days before operationalizing an unli-
Government for the care of unaccompanied
by the Secretary involved as if— censed facility, and shall (1) specify whether the
alien children (as defined in section 462(g)(2) of
(1) such reference to such current rec- facility is hard-sided or soft-sided, and (2) pro-
the Homeland Security Act of 2002 (6 U.S.C. vide analysis that indicates that, in the absence
ommendations were a reference to the rec- 279(g)(2))) in the care of the Office of Refugee
ommendations of such Task Force with respect of the influx facility, the likely outcome is that
Resettlement of the Administration for Children unaccompanied alien children will remain in the
to breast cancer screening, mammography, and and Families, including monetary donations,
prevention last issued before 2009; and custody of the Department of Homeland Secu-
medical goods and services, which may include rity for longer than 72 hours or that unaccom-
(2) such recommendations last issued before early childhood developmental screenings,
2009 applied to any screening mammography panied alien children will be otherwise placed in
school supplies, toys, clothing, and any other danger. Within 60 days of bringing such a facil-
modality under section 1861(jj) of the Social Se- items and services intended to promote the
curity Act (42 U.S.C. 1395x(jj)). ity online, and monthly thereafter, the Sec-
wellbeing of such children. Monetary donations retary shall provide to the Committees on Ap-
SEC. 223. In making Federal financial assist-
received by the Department of Health and propriations of the House of Representatives
ance, the provisions relating to indirect costs in
Human Services under this section shall be re- and the Senate a report detailing the total num-
part 75 of title 45, Code of Federal Regulations,
tained and credited to the Refugee and Entrant ber of children in care at the facility, the aver-
including with respect to the approval of devi-
Assistance account and shall remain available age length of stay and average length of care of
ations from negotiated rates, shall continue to
until expended for the purposes provided by this children at the facility, and, for any child that
apply to the National Institutes of Health to the
section. has been at the facility for more than 60 days,
same extent and in the same manner as such SEC. 229. None of the funds made available in
provisions were applied in the third quarter of their length of stay and reason for delay in re-
this Act under the heading ‘‘Department of lease.
fiscal year 2017. None of the funds appropriated Health and Human Services—Administration for
in this or prior Acts or otherwise made available SEC. 231. None of the funds made available in
Children and Families—Refugee and Entrant this Act may be used to prevent a United States
to the Department of Health and Human Serv- Assistance’’ may be obligated to a grantee or Senator or Member of the House of Representa-
ices or to any department or agency may be contractor to house unaccompanied alien chil- tives from entering, for the purpose of con-
used to develop or implement a modified ap- dren (as such term is defined in section 462(g)(2) ducting oversight, any facility in the United
proach to such provisions, or to intentionally or of the Homeland Security Act of 2002 (6 U.S.C. States used for the purpose of maintaining cus-
substantially expand the fiscal effect of the ap- 279(g)(2))) in any facility that is not State-li- tody of, or otherwise housing, unaccompanied
proval of such deviations from negotiated rates censed for the care of unaccompanied alien chil- alien children (as defined in section 462(g)(2) of
beyond the proportional effect of such approvals dren, except in the case that the Secretary de- the Homeland Security Act of 2002 (6 U.S.C.
in such quarter. termines that housing unaccompanied alien 279(g)(2))). Nothing in this section shall be con-
(TRANSFER OF FUNDS) children in such a facility is necessary on a tem- strued to require such a Senator or Member to
SEC. 224. The NIH Director may transfer funds porary basis due to an influx of such children or provide prior notice of the intent to enter such
for opioid addiction, opioid alternatives, stimu- an emergency, provided that— a facility for such purpose.
lant misuse and addiction, pain management, (1) the terms of the grant or contract for the SEC. 232. Not later than 14 days after the date
and addiction treatment to other Institutes and operations of any such facility that remains in of enactment of this Act, and monthly there-
Centers of the NIH to be used for the same pur- operation for more than three consecutive after, the Secretary shall submit to the Commit-
pose 15 days after notifying the Committees on months shall require compliance with— tees on Appropriations of the House of Rep-
Appropriations of the House of Representatives (A) the same requirements as licensed place- resentatives and the Senate, and make publicly
and the Senate: Provided, That the transfer au- ments, as listed in Exhibit 1 of the Flores Settle- available online, a report with respect to chil-
thority provided in the previous proviso is in ad- ment Agreement that the Secretary determines dren who were separated from their parents or
dition to any other transfer authority provided are applicable to non-State licensed facilities; legal guardians by the Department of Homeland
by law. and Security (DHS) (regardless of whether or not
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SEC. 225. (a) The Secretary shall provide to (B) staffing ratios of one (1) on-duty Youth such separation was pursuant to an option se-
the Committees on Appropriations of the House Care Worker for every eight (8) children or lected by the children, parents, or guardians),
of Representatives and the Senate: youth during waking hours, one (1) on-duty subsequently classified as unaccompanied alien
(1) Detailed monthly enrollment figures from Youth Care Worker for every sixteen (16) chil- children, and transferred to the care and cus-
the Exchanges established under the Patient dren or youth during sleeping hours, and clini- tody of ORR during the previous month. Each
Protection and Affordable Care Act of 2010 per- cian ratios to children (including mental health report shall contain the following information:
taining to enrollments during the open enroll- providers) as required in grantee cooperative (1) the number and ages of children so sepa-
ment period; and agreements; rated subsequent to apprehension at or between
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3947
ports of entry, to be reported by sector where not in excess of those paid for or reimbursed by grant a danger pay allowance under section
separation occurred; and the Department of Defense. 5928 of title 5, United States Code, without re-
(2) the documented cause of separation, as re- (RESCISSION) gard to the conditions of the first sentence of
ported by DHS when each child was referred. such section, for work that is performed by a
SEC. 233. (a) None of the funds made available SEC. 237. Of the unobligated balances in the
‘‘Nonrecurring Expenses Fund’’ established in Department of Health and Human Services em-
by this Act may be used to share any informa- ployee during a public health emergency de-
tion pertaining to an unaccompanied alien child section 223 of division G of Public Law 110–161,
$500,000,000 are hereby rescinded not later than clared under section 319 of the Public Health
(as defined in section 462(g)(2) of the Homeland Service Act that the Secretary determines is pri-
Security Act of 2002 (6 U.S.C. 279(g)(2))) for use September 30, 2022.
SEC. 238. The Secretary is authorized to pro- marily related to preparation for, prevention of,
or reference in any removal proceeding or other- or response to such public health emergency and
vide, from funds made available in this title for
wise for enforcement of the immigration laws (as is performed under conditions that threaten
such purposes, mental health and other sup-
defined in section 101(a)(17) of the Immigration physical harm or imminent danger to the health
portive services, including through grants, con-
and Nationality Act (8 U.S.C. 1101(a)(17))). or well-being of the employee.
(b) Subsection (a) shall be construed to pre- tracts, or cooperative agreements, for children,
(f) EFFECTIVE DATE.—This section shall take
clude the transmission of information described parents, and legal guardians who were sepa-
effect as if enacted on September 30, 2020.
in such subsection to any individual, entity, or rated at the United States-Mexico border be-
SEC. 241. (a) None of the funds made available
government agency with the knowledge or in- tween January 20, 2017, and January 20, 2021, in
by this Act may be awarded to any organiza-
tent that the information would be re-trans- connection with the Zero-Tolerance Policy (as
tion, including under the Child Welfare or Fed-
mitted or otherwise shared for a purpose prohib- discussed in the Attorney General’s memo-
eral Foster Care programs under parts B or E of
ited under such subsection. randum of April 6, 2018, entitled ‘‘Zero-Toler-
title IV of the Social Security Act, that does not
(c) All records for which Office of Refugee Re- ance for Offenses Under 8 U.S.C. 1325(a)’’) or
comply with paragraphs (c) and (d) of section
settlement policies require the written release any other United States Government practice,
75.300 of title 45, Code of Federal Regulations
authorization of the Office of Refugee Resettle- policy, program, or initiative that resulted in
(prohibiting discrimination on the basis of age,
ment shall have the presumption of confiden- the separation of children who arrived at the
disability, sex, race, color, national origin, reli-
tiality and nondisclosure, including unaccom- United States-Mexico border with their parents
gion, gender identity, or sexual orientation), as
panied alien child case files, specific informa- or legal guardians during such period. The Sec-
in effect on October 1, 2019.
tion contained in such case files, all information retary may identify the individuals eligible to (b) None of the funds made available by this
given to a case manager, therapist, clinical receive such mental health and other supportive Act may be used by the Department of Health
worker, counselor, or social worker by such a services under this section through reference to and Human Services to grant an exception from
child during clinical or therapeutic work, and the identified members of the classes, and their either such paragraph for any Federal grantee.
other confidential information pertaining to minor children, in the class-action lawsuits Ms. SEC. 242. During this fiscal year, an Operating
such children, their sponsors, or their potential J.P. v. Barr and Ms. L. v. ICE. or Staff Division in HHS may enter into a reim-
sponsors. SEC. 239. The unobligated balances of bursable agreement with another major organi-
(d) Nothing in this section shall be construed amounts appropriated or transferred to the Cen- zational unit within HHS or of another agency
to prohibit or restrict the continued implementa- ters for Disease Control and Prevention under under which the ordering agency or unit dele-
tion of interagency agreements or coordination the heading ‘‘Buildings and Facilities’’ in title gates to the servicing agency or unit the author-
under section 235 of the William Wilberforce II of division H of the Consolidated Appropria- ity and funding to issue a grant or cooperative
Trafficking Victims Protection Reauthorization tions Act, 2018 (Public Law 115–141) for a bio- agreement on its behalf: Provided, That the
Act of 2008 (8 U.S.C. 1232) pertinent to a child’s safety level 4 laboratory shall also be available head of the ordering agency or unit certifies
placement after attaining 18 years of age. for the acquisition of real property, equipment, that amounts are available and that the order is
SEC. 234. To the extent practicable, and so construction, demolition, renovation of facili- in the best interests of the United States Govern-
long as it is appropriate and in the best interest ties, and installation expenses, including mov- ment: Provided further, That funding may be
of the child, in cases where the Office of Ref- ing expenses, related to such laboratory: Pro- provided by way of advance or reimbursement,
ugee Resettlement is responsible for the care of vided, That not later than September 30, 2022, as deemed appropriate by the ordering agency
siblings who are unaccompanied alien children the remaining unobligated balances of such or unit, with proper adjustments of estimated
as defined in section 462(g)(2) of the Homeland funds are hereby rescinded, and an amount of amounts provided in advance to be made based
Security Act of 2002 (6. U.S.C. 279(g)(2)), the Di- additional new budget authority equivalent to on actual costs: Provided further, That an
rector of the Office shall place the siblings— the amount rescinded is hereby appropriated, to agreement made under this section obligates an
(1) in the same facility; or remain available until expended, for the same appropriation of the ordering agency or unit,
(2) with the same sponsor. purposes as such unobligated balances, in addi- including for costs to administer such grant or
SEC. 235. Not later than 30 days after the date tion to any other amounts available for such cooperative agreement, and such obligation
of enactment of this Act, the Secretary shall purposes. shall be deemed to be an obligation for any pur-
submit to the Committees on Appropriations of SEC. 240. (a) PREMIUM PAY AUTHORITY.—If pose of law: Provided further, That an agree-
the House of Representatives and the Senate a services performed by a Department of Health ment made under this section may be performed
detailed spend plan of anticipated uses of all and Human Services employee during a public for a period that extends beyond the current fis-
funds made available under the heading ‘‘De- health emergency declared under section 319 of cal year.
partment of Health and Human Services—Ad- the Public Health Service Act are determined by SEC. 243. (a) None of the funds made available
ministration for Children and Families—Refugee the Secretary to be primarily related to prepara- by this Act may be used to prepare or issue any
and Entrant Assistance’’, including the fol- tion for, prevention of, or response to such pub- solicitation for a contract for the CMS Contact
lowing: a list of existing grants and contracts lic health emergency, any premium pay that is Center Operations that contemplates a total pe-
for both permanent and influx facilities, includ- provided for such services shall be exempted riod of performance, including option periods,
ing their costs, capacity, and timelines; costs for from the aggregate of basic pay and premium that exceeds 24 months.
expanding capacity through the use of commu- pay calculated under section 5547(a) of title 5, (b) None of the funds made available by this
nity-based residential care placements (includ- United States Code, and any other provision of Act may be used to award or fund a contract for
ing long-term and transitional foster care and law limiting the aggregate amount of premium the CMS Contact Center Operations with a total
small group homes) through new or modified pay payable on a biweekly or calendar year period of performance, including option periods,
grants and contracts; current and planned ef- basis. that exceeds 24 months.
forts to expand small-scale shelters and avail- (b) OVERTIME AUTHORITY.—Any overtime that SEC. 244. For fiscal year 2022, the notification
able foster care placements, including collabora- is provided for such services described in sub- requirements described in sections 1804(a) and
tion with State child welfare providers; influx section (a) shall be exempted from any annual 1851(d) of the Social Security Act may be ful-
facilities being assessed for possible use; costs limit on the amount of overtime payable in a filled by the Secretary in a manner similar to
and services to be provided for legal services, calendar or fiscal year. that described in paragraphs (1) and (2) of sec-
child advocates, and post-release services; pro- (c) APPLICABILITY OF AGGREGATE LIMITATION tion 1806(c) of such Act.
gram administration; and the average number of ON PAY.—In determining, for purposes of section SEC. 245. Section 402A(d) of the Public Health
weekly referrals and discharge rate assumed in 5307 of title 5, United States Code, whether an Service Act (42 U.S.C. 282a(d)) is amended—
the spend plan: Provided, That such plan shall employee’s total pay exceeds the annual rate (1) in the first sentence by striking ‘‘under
be updated to reflect changes and expenditures payable under such section, the Secretary shall subsection (a)(1)’’ and inserting ‘‘to carry out
and submitted to the Committees on Appropria- not include pay exempted under this section. this title’’; and
tions of the House of Representatives and the (d) LIMITATION ON PAY AUTHORITY.—Pay ex- (2) in the second sentence by striking ‘‘ac-
Senate every 60 days until all funds are ex- empted from otherwise applicable limits under count under subsection (a)(1)’’.
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pended or expired. subsection (a) shall not cause the aggregate pay SEC. 246. The Secretary of Health and Human
SEC. 236. Funds appropriated in this Act that earned for the calendar year in which the ex- Services may waive penalties and administrative
are available for salaries and expenses of em- empted pay is earned to exceed the rate of basic requirements in title XXVI of the Public Health
ployees of the Centers for Disease Control and pay payable for a position at level II of the Ex- Service Act for awards under such title from
Prevention shall also be available for the pri- ecutive Schedule under section 5313 of title 5, amounts provided under the heading ‘‘Depart-
mary and secondary schooling of eligible de- United States Code. ment of Health and Human Services—Health
pendents of personnel stationed in a U.S. terri- (e) DANGER PAY FOR SERVICE IN PUBLIC Resources and Services Administration’’ in this
tory as defined in section 227 of this Act at costs HEALTH EMERGENCIES.—The Secretary may or any other appropriations Act for this fiscal
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H3948 CONGRESSIONAL RECORD — HOUSE July 27, 2021
year, including amounts made available to such ment of both parents or legal guardians, or a C, D, and E and subparts 1 and 4 of part F of
heading by transfer. parent or legal guardian having sole custody of title IV of the ESEA, $1,297,276,000: Provided,
SEC. 247. The Director of the National Insti- such children, or due to the death of a military That $300,500,000 shall be for subparts 1, 3 and
tutes of Health shall hereafter require institu- parent or legal guardian while on active duty 4 of part B of title II and shall be made avail-
tions that receive funds through a grant or co- (so long as such children reside on Federal able without regard to sections 2201, 2231(b) and
operative agreement during fiscal year 2022 and property as described in section 7003(a)(1)(B)), 2241: Provided further, That $642,776,000 shall
in future years to notify the Director when indi- are no longer eligible under such section, shall be for parts C, D, and E and subpart 4 of part
viduals identified as a principal investigator or be considered as eligible students under such F of title IV, and shall be made available with-
as key personnel in an NIH notice of award are section, provided such students remain in aver- out regard to sections 4311, 4409(a), and 4601 of
removed from their position or are otherwise dis- age daily attendance at a school in the same the ESEA: Provided further, That notwith-
ciplined due to concerns about harassment, bul- local educational agency they attended prior to standing section 4601(b), $254,000,000 shall be
lying, retaliation, or hostile working conditions. their change in eligibility status. available through December 31, 2022 for subpart
The Director may issue regulations consistent SCHOOL IMPROVEMENT PROGRAMS 1 of part F of title IV: Provided further, That
with this section. For carrying out school improvement activities $100,000,000 shall be for competitive grants to
SEC. 248. (a) Funds made available in Public local educational agencies and State edu-
authorized by part B of title I, part A of title II,
Law 114–113 to the accounts of the National In- cational agencies to reduce racial and socio-
subpart 1 of part A of title IV, part B of title IV,
stitutes of Health that were available for obliga- economic segregation across and within school
part B of title V, and parts B and C of title VI
tion through fiscal year 2016 and were obligated districts.
of the ESEA; the McKinney-Vento Homeless As-
for multi-year research grants shall be available SAFE SCHOOLS AND CITIZENSHIP EDUCATION
sistance Act; section 203 of the Educational
through fiscal year 2022 for the liquidation of
Technical Assistance Act of 2002; the Compact For carrying out activities authorized by sub-
valid obligations incurred in fiscal year 2016 if
of Free Association Amendments Act of 2003; parts 2 and 3 of part F of title IV of the ESEA,
the Director of the National Institutes of Health
and the Civil Rights Act of 1964, $5,803,539,000, $1,666,000,000: Provided, That $1,127,000,000
determines the project suffered an interruption
of which $3,963,652,000 shall become available on shall be available for section 4631, of which
of activities attributable to SARS–CoV–2.
July 1, 2022, and remain available through Sep- $500,000,000 shall be for Mental Health Services
(b)(1) Subject to paragraph (2), this section
tember 30, 2023, and of which $1,681,441,000 shall Professional Demonstration Grants; $500,000,000
shall become effective immediately upon enact-
become available on October 1, 2022, and shall shall be for School-Based Mental Health Serv-
ment of this Act.
remain available through September 30, 2023, for ices Grants; and up to $5,000,000, to remain
(2) If this Act is enacted after September 30,
academic year 2022–2023: Provided, That available until expended, shall be for the Project
2021, this section shall be applied as if it were in
$378,000,000 shall be for part B of title I: Pro- School Emergency Response to Violence (Project
effect on September 30, 2021.
vided further, That $1,359,673,000 shall be for SERV) program: Provided further, That
This title may be cited as the ‘‘Department of
part B of title IV: Provided further, That $443,000,000 shall be available for section 4625:
Health and Human Services Appropriations Act,
$40,397,000 shall be for part B of title VI, which Provided further, That $96,000,000 shall be
2022’’.
may be used for construction, renovation, and available through December 31, 2022, for section
TITLE III modernization of any public elementary school, 4624: Provided further, That $5,000,000 of the
DEPARTMENT OF EDUCATION secondary school, or structure related to a pub- funds made available in the preceding proviso
EDUCATION FOR THE DISADVANTAGED lic elementary school or secondary school that shall be available for planning grants consistent
For carrying out title I and subpart 2 of part serves a predominantly Native Hawaiian stu- with section 4624(d)(1) of the ESEA, which shall
B of title II of the Elementary and Secondary dent body, and that the 5 percent limitation in include as a required activity the needs analysis
Education Act of 1965 (referred to in this Act as section 6205(b) of the ESEA on the use of funds specified in section 4624(a)(4).
‘‘ESEA’’) and section 418A of the Higher Edu- for administrative purposes shall apply only to ENGLISH LANGUAGE ACQUISITION
cation Act of 1965 (referred to in this Act as direct administrative costs: Provided further, For carrying out part A of title III of the
‘‘HEA’’), $36,756,790,000, of which That $36,453,000 shall be for part C of title VI, ESEA, $1,000,000,000, which shall become avail-
$25,813,490,000 shall become available on July 1, which shall be awarded on a competitive basis, able on July 1, 2022, and shall remain available
2022, and shall remain available through Sep- and may be used for construction, and that the through September 30, 2023, except that 6.5 per-
tember 30, 2023, and of which $10,841,177,000 5 percent limitation in section 6305 of the ESEA cent of such amount shall be available on Octo-
shall become available on October 1, 2022, and on the use of funds for administrative purposes ber 1, 2021, and shall remain available through
shall remain available through September 30, shall apply only to direct administrative costs: September 30, 2023, to carry out activities under
2023, for academic year 2022–2023: Provided, Provided further, That $52,000,000 shall be section 3111(c)(1)(C).
That $6,459,401,000 shall be for basic grants available to carry out section 203 of the Edu-
cational Technical Assistance Act of 2002 and SPECIAL EDUCATION
under section 1124 of the ESEA: Provided fur-
the Secretary shall make such arrangements as For carrying out the Individuals with Disabil-
ther, That up to $5,000,000 of these funds shall
determined to be necessary to ensure that the ities Education Act (IDEA) and the Special
be available to the Secretary of Education (re-
Bureau of Indian Education has access to serv- Olympics Sport and Empowerment Act of 2004,
ferred to in this title as ‘‘Secretary’’) on October
ices provided under this section: Provided fur- $17,200,256,000, of which $7,488,516,000 shall be-
1, 2021, to obtain annually updated local edu-
ther, That $23,021,000 shall be available to carry come available on July 1, 2022, and shall remain
cational agency-level census poverty data from
out the Supplemental Education Grants pro- available through September 30, 2023, and of
the Bureau of the Census: Provided further,
gram for the Federated States of Micronesia and which $9,283,383,000 shall become available on
That $1,362,301,000 shall be for concentration
the Republic of the Marshall Islands: Provided October 1, 2022, and shall remain available
grants under section 1124A of the ESEA: Pro-
further, That the Secretary may reserve up to 5 through September 30, 2023, for academic year
vided further, That $14,107,550,000 shall be for
percent of the amount referred to in the pre- 2022–2023: Provided, That the amount for sec-
targeted grants under section 1125 of the ESEA:
vious proviso to provide technical assistance in tion 611(b)(2) of the IDEA shall be equal to the
Provided further, That $14,107,550,000 shall be
the implementation of these grants: Provided lesser of the amount available for that activity
for education finance incentive grants under
further, That $192,840,000 shall be for part B of during fiscal year 2021, increased by the amount
section 1125A of the ESEA: Provided further,
title V: Provided further, That $1,305,000,000 of inflation as specified in section 619(d)(2)(B) of
That $223,000,000 shall be for carrying out sub-
shall be available for grants under subpart 1 of the IDEA, or the percent change in the funds
part 2 of part B of title II: Provided further,
part A of title IV. appropriated under section 611(i) of the IDEA,
That $66,123,000 shall be for carrying out section
INDIAN EDUCATION but not less than the amount for that activity
418A of the HEA.
during fiscal year 2021: Provided further, That
IMPACT AID For expenses necessary to carry out, to the ex- the Secretary shall, without regard to section
For carrying out programs of financial assist- tent not otherwise provided, title VI, part A of 611(d) of the IDEA, distribute to all other States
ance to federally affected schools authorized by the ESEA, $187,739,000, of which $67,993,000 (as that term is defined in section 611(g)(2)),
title VII of the ESEA, $1,552,112,000, of which shall be for subpart 2 of part A of title VI and subject to the third proviso, any amount by
$1,404,242,000 shall be for basic support pay- $9,365,000 shall be for subpart 3 of part A of title which a State’s allocation under section 611,
ments under section 7003(b), $48,316,000 shall be VI: Provided, That the 5 percent limitation in from funds appropriated under this heading, is
for payments for children with disabilities under sections 6115(d), 6121(e), and 6133(g) of the reduced under section 612(a)(18)(B), according
section 7003(d), $17,406,000 shall be for construc- ESEA on the use of funds for administrative to the following: 85 percent on the basis of the
tion under section 7007(a), $77,313,000 shall be purposes shall apply only to direct administra- States’ relative populations of children aged 3
for Federal property payments under section tive costs: Provided further, That the Secretary through 21 who are of the same age as children
7002, and $4,835,000, to remain available until may make awards under subpart 3 of Part A of with disabilities for whom the State ensures the
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expended, shall be for facilities maintenance title VI without regard to the funding limitation availability of a free appropriate public edu-
under section 7008: Provided, That for purposes in section 6133(b)(1) of the ESEA: Provided fur- cation under this part, and 15 percent to States
of computing the amount of a payment for an ther, That notwithstanding sections 6132(c)(2) on the basis of the States’ relative populations
eligible local educational agency under section and 6133(d)(1) of such Act, the Secretary may of those children who are living in poverty: Pro-
7003(a) for school year 2021–2022, children en- make such awards for a period of up to 5 years. vided further, That the Secretary may not dis-
rolled in a school of such agency that would INNOVATION AND IMPROVEMENT tribute any funds under the previous proviso to
otherwise be eligible for payment under section For carrying out activities authorized by sub- any State whose reduction in allocation from
7003(a)(1)(B) of such Act, but due to the deploy- parts 1, 3 and 4 of part B of title II, and parts funds appropriated under this heading made
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3949
funds available for such a distribution: Provided further, That, notwithstanding section 632(4)(B) program that is registered under the National
further, That the States shall allocate such of the IDEA, a State receiving a grant under Apprenticeship Act and accredited by an agency
funds distributed under the second proviso to section 633 of the IDEA may establish a system recognized by the Secretary of Education: Pro-
local educational agencies in accordance with of payments but may not include in that system vided further, That of the amounts made avail-
section 611(f): Provided further, That the family fees or out-of-pocket costs to families for able for AEFLA, $38,712,000 shall be for na-
amount by which a State’s allocation under sec- early intervention services: Provided further, tional leadership activities under section 242.
tion 611(d) of the IDEA is reduced under section That any State seeking to amend its eligibility STUDENT FINANCIAL ASSISTANCE
612(a)(18)(B) and the amounts distributed to criteria under section 635(a)(1) of the IDEA in
States under the previous provisos in fiscal year such a way that would have the effect of reduc- For carrying out subparts 1, 3, and 10 of part
2012 or any subsequent year shall not be consid- ing the number of infants and families who are A, and part C of title IV of the HEA,
ered in calculating the awards under section eligible under part C must conduct the public $27,187,352,000 which shall remain available
611(d) for fiscal year 2013 or for any subsequent participation under section 637(a)(8) of the through September 30, 2023.
fiscal years: Provided further, That, notwith- IDEA at least 24 months prior to implementing The maximum Pell Grant for which a student
standing the provision in section 612(a)(18)(B) such a change: Provided further, That, notwith- shall be eligible during award year 2022–2023
regarding the fiscal year in which a State’s allo- standing section 638 of the IDEA, a State may shall be $5,835.
cation under section 611(d) is reduced for failure use funds it receives under section 633 of the STUDENT AID ADMINISTRATION
to comply with the requirement of section IDEA to offer continued early intervention serv- For Federal administrative expenses to carry
612(a)(18)(A), the Secretary may apply the re- ices to a child who previously received services out part D of title I, and subparts 1, 3, 9, and
duction specified in section 612(a)(18)(B) over a under part C of the IDEA from age 3 until the 10 of part A, and parts B, C, D, and E of title
period of consecutive fiscal years, not to exceed beginning of the school year following the IV of the HEA, and subpart 1 of part A of title
5, until the entire reduction is applied: Provided child’s third birthday without regard to the pro- VII of the Public Health Service Act,
further, That the Secretary may, in any fiscal cedures in section 635(c) of the IDEA. $2,053,943,000, to remain available through Sep-
year in which a State’s allocation under section
REHABILITATION SERVICES tember 30, 2023: Provided, That the Secretary
611 is reduced in accordance with section
For carrying out, to the extent not otherwise shall allocate new student loan borrower ac-
612(a)(18)(B), reduce the amount a State may re-
provided, the Rehabilitation Act of 1973 and the counts to eligible student loan servicers on the
serve under section 611(e)(1) by an amount that
bears the same relation to the maximum amount Helen Keller National Center Act, $3,896,820,000, basis of their past performance compared to all
described in that paragraph as the reduction of which $3,719,121,000 shall be for grants for loan servicers utilizing established common
under section 612(a)(18)(B) bears to the total al- vocational rehabilitation services under title I of metrics, and on the basis of the capacity of each
location the State would have received in that the Rehabilitation Act: Provided, That the Sec- servicer to process new and existing accounts
fiscal year under section 611(d) in the absence of retary may use amounts provided in this Act and compliance with Federal and State law:
the reduction: Provided further, That the Sec- that remain available subsequent to the reallot- Provided further, That for student loan con-
retary shall either reduce the allocation of ment of funds to States pursuant to section tracts awarded prior to October 1, 2017, the Sec-
funds under section 611 for any fiscal year fol- 110(b) of the Rehabilitation Act for innovative retary shall allow student loan borrowers who
lowing the fiscal year for which the State fails activities aimed at increasing competitive inte- are consolidating Federal student loans to select
to comply with the requirement of section grated employment as defined in section 7 of from any student loan servicer to service their
612(a)(18)(A) as authorized by section such Act for youth and other individuals with new consolidated student loan: Provided fur-
612(a)(18)(B), or seek to recover funds under sec- disabilities: Provided further, That States may ther, That in order to promote accountability
tion 452 of the General Education Provisions Act award subgrants for a portion of the funds to and high-quality service to borrowers, the Sec-
(20 U.S.C. 1234a): Provided further, That the other public and private, nonprofit entities: Pro- retary shall not award funding for any contract
funds reserved under 611(c) of the IDEA may be vided further, That any funds made available solicitation for a new Federal student loan serv-
used to provide technical assistance to States to subsequent to reallotment for innovative activi- icing environment, including the solicitation for
improve the capacity of the States to meet the ties aimed at improving the outcomes of individ- the Federal Student Aid (FSA) Next Generation
data collection requirements of sections 616 and uals with disabilities shall remain available Processing and Servicing Environment, unless
618 and to administer and carry out other serv- until September 30, 2023. such an environment provides for the participa-
ices and activities to improve data collection, co- SPECIAL INSTITUTIONS FOR PERSONS WITH tion of multiple student loan servicers that con-
ordination, quality, and use under parts B and DISABILITIES tract directly with the Department of Edu-
C of the IDEA: Provided further, That the Sec- cation: Provided further, That the Department
AMERICAN PRINTING HOUSE FOR THE BLIND
retary may use funds made available for the shall re-allocate accounts from servicers for re-
State Personnel Development Grants program For carrying out the Act to Promote the Edu- curring non-compliance with FSA guidelines,
under part D, subpart 1 of IDEA to evaluate cation of the Blind of March 3, 1879, $37,431,000. contractual requirements, and Federal and
program performance under such subpart: Pro- NATIONAL TECHNICAL INSTITUTE FOR THE DEAF State laws, including for failure to sufficiently
vided further, That States may use funds re- For the National Technical Institute for the inform borrowers of available repayment op-
served for other State-level activities under sec- Deaf under titles I and II of the Education of tions: Provided further, That such servicers
tions 611(e)(2) and 619(f) of the IDEA to make the Deaf Act of 1986, $84,500,000: Provided, That shall be evaluated based on their ability to meet
subgrants to local educational agencies, institu- from the total amount available, the Institute contract requirements (including an under-
tions of higher education, other public agencies, may at its discretion use funds for the endow- standing of Federal and State law), future per-
and private non-profit organizations to carry ment program as authorized under section 207 of formance on the contracts, and history of com-
out activities authorized by those sections: Pro- such Act. pliance with applicable consumer protections
vided further, That, notwithstanding section GALLAUDET UNIVERSITY laws, including Federal and State law: Provided
643(e)(2)(A) of the IDEA, if 5 or fewer States further, That to the extent FSA permits student
apply for grants pursuant to section 643(e) of For the Kendall Demonstration Elementary loan servicing subcontracting, FSA shall hold
such Act, the Secretary shall provide a grant to School, the Model Secondary School for the prime contractors accountable for meeting the
each State in an amount equal to the maximum Deaf, and the partial support of Gallaudet Uni- requirements of the contract, and the perform-
amount described in section 643(e)(2)(B) of such versity under titles I and II of the Education of ance and expectations of subcontractors shall be
Act: Provided further, That if more than 5 the Deaf Act of 1986, $143,361,000: Provided, accounted for in the prime contract and in the
States apply for grants pursuant to section That from the total amount available, the Uni- overall performance of the prime contractor:
643(e) of the IDEA, the Secretary shall award versity may at its discretion use funds for the Provided further, That FSA shall ensure that
funds to those States on the basis of the States’ endowment program as authorized under section the Next Generation Processing and Servicing
relative populations of infants and toddlers ex- 207 of such Act. Environment, or any new Federal loan servicing
cept that no such State shall receive a grant in CAREER, TECHNICAL, AND ADULT EDUCATION environment, incentivize more support to bor-
excess of the amount described in section For carrying out, to the extent not otherwise rowers at risk of delinquency or default: Pro-
643(e)(2)(B) of such Act: Provided further, That provided, the Carl D. Perkins Career and Tech- vided further, That FSA shall ensure that in
States may use funds allotted under section nical Education Act of 2006 (‘‘Perkins Act’’) and such environment contractors have the capacity
643(c) of the IDEA to make subgrants to local the Adult Education and Family Literacy Act to meet and are held accountable for perform-
educational agencies, institutions of higher edu- (‘‘AEFLA’’), $2,238,981,000, of which ance on service levels; are held accountable for
cation, other public agencies, and private non- $1,447,981,000 shall become available on July 1, and have a history of compliance with applica-
profit organizations to carry out activities au- 2022, and shall remain available through Sep- ble consumer protection laws, including Federal
thorized by section 638 of IDEA: Provided fur- tember 30, 2023, and of which $791,000,000 shall and State law; and have relevant experience
ther, That, notwithstanding section 638 of the become available on October 1, 2022, and shall and demonstrated effectiveness: Provided fur-
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IDEA, any State receiving a grant under section remain available through September 30, 2023: ther, That the Secretary shall provide quarterly
633 of the IDEA must reserve not less than 10 Provided, That $100,000,000 shall be for competi- briefings to the Committees on Appropriations
percent of its award for use in a manner de- tive grants for local educational agencies to and Education and Labor of the House of Rep-
scribed in a State plan, approved by the Sec- carry out evidence-based middle and high school resentatives and the Committees on Appropria-
retary, to ensure equitable access to and partici- career and technical education innovation pro- tions and Health, Education, Labor, and Pen-
pation in part C services in the State, particu- grams: Provided further, That section 3(20) of sions of the Senate on general progress related
larly for populations that have been tradition- the Perkins Act shall be applied as if the term to solicitations for Federal student loan serv-
ally underrepresented in the program: Provided ‘‘eligible institution’’ includes an apprenticeship icing contracts: Provided further, That FSA
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H3950 CONGRESSIONAL RECORD — HOUSE July 27, 2021
shall strengthen transparency through ex- public and private Historically Black Colleges SEC. 303. Funds appropriated in this Act and
panded publication of aggregate data on stu- and Universities without regard to the limita- consolidated for evaluation purposes under sec-
dent loan and servicer performance: Provided tions within section 344(a) of the HEA. tion 8601(c) of the ESEA shall be available from
further, That not later than 60 days after enact- In addition, for administrative expenses to July 1, 2022, through September 30, 2023.
ment of this Act, FSA shall provide to the Com- carry out the Historically Black College and SEC. 304. (a) An institution of higher edu-
mittees on Appropriations of the House of Rep- University Capital Financing Program entered cation that maintains an endowment fund sup-
resentatives and the Senate a detailed spend into pursuant to part D of title III of the HEA, ported with funds appropriated for title III or V
plan of anticipated uses of funds made available $334,000. of the HEA for fiscal year 2022 may use the in-
in this account for fiscal year 2022 and provide INSTITUTE OF EDUCATION SCIENCES come from that fund to award scholarships to
quarterly updates on this plan (including con- For carrying out activities authorized by the students, subject to the limitation in section
tracts awarded, change orders, bonuses paid to Education Sciences Reform Act of 2002, the Na- 331(c)(3)(B)(i) of the HEA. The use of such in-
staff, reorganization costs, and any other activ- tional Assessment of Educational Progress Au- come for such purposes, prior to the enactment
ity carried out using amounts provided under thorization Act, section 208 of the Educational of this Act, shall be considered to have been an
this heading for fiscal year 2022): Provided fur- Technical Assistance Act of 2002, and section allowable use of that income, subject to that
ther, That the FSA Next Generation Processing 664 of the Individuals with Disabilities Edu- limitation.
and Servicing Environment, or any new Federal cation Act, $762,465,000, which shall remain (b) Subsection (a) shall be in effect until titles
student loan servicing environment, shall in- available through September 30, 2023: Provided, III and V of the HEA are reauthorized.
clude accountability measures that account for That funds available to carry out section 208 of SEC. 305. Section 114(f) of the HEA (20 U.S.C.
the performance of the portfolio and contractor the Educational Technical Assistance Act may 1011c(f)) is amended by striking ‘‘2021’’ and in-
compliance with FSA guidelines. be used to link Statewide elementary and sec- serting ‘‘2022’’.
HIGHER EDUCATION ondary data systems with early childhood, post- SEC. 306. Section 458(a) of the HEA (20 U.S.C.
For carrying out, to the extent not otherwise secondary, and workforce data systems, or to 1087h(a)) is amended in paragraph (4) by strik-
provided, titles II, III, IV, V, VI, VII, and VIII further develop such systems: Provided further, ing ‘‘2021’’ and inserting ‘‘2022’’.
That up to $6,000,000 of the funds available to SEC. 307. Funds appropriated in this Act
of the HEA, the Mutual Educational and Cul-
carry out section 208 of the Educational Tech- under the heading ‘‘Student Aid Administra-
tural Exchange Act of 1961, and section 117 of
nical Assistance Act may be used for awards to tion’’ may be available for payments for student
the Perkins Act, $3,430,757,000, of which
public or private organizations or agencies to loan servicing to an institution of higher edu-
$168,015,000 shall remain available through De-
support activities to improve data coordination, cation that services outstanding Federal Perkins
cember 31, 2022: Provided, That notwithstanding
quality, and use at the local, State, and na- Loans under part E of title IV of the Higher
any other provision of law, funds made avail-
tional levels. Education Act of 1965 (20 U.S.C. 1087aa et seq.).
able in this Act to carry out title VI of the HEA
and section 102(b)(6) of the Mutual Educational (RESCISSION)
DEPARTMENTAL MANAGEMENT
and Cultural Exchange Act of 1961 may be used PROGRAM ADMINISTRATION SEC. 308. Of the amounts appropriated under
to support visits and study in foreign countries Section 401(b)(7)(A)(iv)(XI) of the Higher Edu-
For carrying out, to the extent not otherwise
by individuals who are participating in ad- cation Act of 1965 (20 U.S.C.
provided, the Department of Education Organi-
vanced foreign language training and inter- 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2022,
zation Act, including rental of conference rooms
national studies in areas that are vital to $229,000,000 are hereby rescinded.
in the District of Columbia and hire of three
United States national security and who plan to SEC. 309. Of the amounts made available
passenger motor vehicles, $480,000,000, of which
apply their language skills and knowledge of under this title under the heading ‘‘Student Aid
up to $13,000,000, to remain available until ex-
these countries in the fields of government, the Administration’’, $2,300,000 shall be used by the
pended, shall be available for relocation ex-
professions, or international development: Pro- Secretary of Education to conduct outreach to
penses, and for the renovation and repair of
vided further, That of the funds referred to in borrowers of loans made under part D of title IV
leased buildings: Provided, That, notwith-
the preceding proviso up to 1 percent may be of the Higher Education Act of 1965 who may
standing any other provision of law, none of the
used for program evaluation, national outreach, intend to qualify for loan cancellation under
funds provided by this Act or provided by pre-
and information dissemination activities: Pro- section 455(m) of such Act (20 U.S.C. 1087e(m)),
vious Appropriations Acts to the Department of
vided further, That up to 1.5 percent of the to ensure that borrowers are meeting the terms
Education available for obligation or expendi-
funds made available under chapter 2 of subpart and conditions of such loan cancellation: Pro-
ture in the current fiscal year may be used for
2 of part A of title IV of the HEA may be used vided, That the Secretary shall specifically con-
any activity relating to implementing a reorga-
for evaluation: Provided further, That section duct outreach to assist borrowers who would
nization that decentralizes, reduces the staffing
313(d) of the HEA shall not apply to an institu- qualify for loan cancellation under section
level, or alters the responsibilities, structure, au-
tion of higher education that is eligible to re- 455(m) of such Act except that the borrower has
thority, or functionality of the Budget Service of
ceive funding under section 318 of the HEA: made some, or all, of the 120 required payments
the Department of Education, relative to the or-
Provided further, That of the amounts made under a repayment plan that is not described
ganization and operation of the Budget Service
available under this heading, $92,015,000 shall under section 455(m)(A) of such Act, to encour-
as in effect on January 1, 2018.
be used for the projects, and in the amounts, age borrowers to enroll in a qualifying repay-
specified under the heading ‘‘Higher Edu- OFFICE FOR CIVIL RIGHTS ment plan: Provided further, That the Secretary
cation’’ in the report accompanying this Act, For expenses necessary for the Office for Civil shall also communicate to all Direct Loan bor-
and of which up to $1,000,000 may be used for Rights, as authorized by section 203 of the De- rowers the full requirements of section 455(m) of
related agency administrative expenses: Pro- partment of Education Organization Act, such Act and improve the filing of employment
vided further, That none of the funds made $144,000,000. certification by providing improved outreach
available for projects described in the preceding OFFICE OF INSPECTOR GENERAL and information such as outbound calls, elec-
proviso shall be subject to section 302 of this For expenses necessary for the Office of In- tronic communications, ensuring prominent ac-
Act. spector General, as authorized by section 212 of cess to program requirements and benefits on
HOWARD UNIVERSITY the Department of Education Organization Act, each servicer’s website, and creating an option
For partial support of Howard University, $70,115,000, of which $2,000,000 shall remain for all borrowers to complete the entire payment
$411,018,000, of which not less than $3,405,000 available until expended. certification process electronically and on a cen-
shall be for a matching endowment grant pursu- GENERAL PROVISIONS tralized website.
ant to the Howard University Endowment Act SEC. 310. For an additional amount for ‘‘De-
SEC. 301. No funds appropriated in this Act partment of Education—Federal Direct Student
and shall remain available until expended. may be used to prevent the implementation of Loan Program Account’’, $25,000,000, to remain
COLLEGE HOUSING AND ACADEMIC FACILITIES programs of voluntary prayer and meditation in available until expended, shall be for the cost,
LOANS PROGRAM the public schools. as defined under section 502 of the Congres-
For Federal administrative expenses to carry (TRANSFER OF FUNDS) sional Budget Act of 1974, of the Secretary of
out activities related to existing facility loans SEC. 302. Not to exceed 1 percent of any discre- Education providing loan cancellation in the
pursuant to section 121 of the HEA, $435,000. tionary funds (pursuant to the Balanced Budget same manner as under section 455(m) of the
HISTORICALLY BLACK COLLEGE AND UNIVERSITY and Emergency Deficit Control Act of 1985) Higher Education Act of 1965 (20 U.S.C.
CAPITAL FINANCING PROGRAM ACCOUNT which are appropriated for the Department of 1087e(m)), for borrowers of loans made under
For the cost of guaranteed loans, $24,150,000, Education in this Act may be transferred be- part B or D of title IV of such Act who would
as authorized pursuant to part D of title III of tween appropriations, but no such appropria- qualify for loan cancellation under section
the HEA, which shall remain available through tion shall be increased by more than 3 percent 455(m) except some, or all, of the 120 required
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September 30, 2023: Provided, That such costs, by any such transfer: Provided, That the trans- payments under section 455(m)(1)(A) do not
including the cost of modifying such loans, shall fer authority granted by this section shall not be qualify for purposes of the program because
be as defined in section 502 of the Congressional used to create any new program or to fund any they were monthly payments made on one or
Budget Act of 1974: Provided further, That these project or activity for which no funds are pro- more loans prior to receiving a Federal Direct
funds are available to subsidize total loan prin- vided in this Act: Provided further, That the Consolidation Loan under section 455(g), or in
cipal, any part of which is to be guaranteed, not Committees on Appropriations of the House of accordance with graduated or extended repay-
to exceed $328,571,000: Provided further, That Representatives and the Senate are notified at ment plans as described under subparagraph (B)
these funds may be used to support loans to least 15 days in advance of any transfer. or (C) of section 455(d)(1) or the corresponding
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3951
repayment plan for a consolidation loan made (b) This section, and the amendments made by subtitle C of title I of the 1990 Act to the Na-
under section 455(g): Provided further, That the this section, shall take effect on July 1, 2022. tional Service Trust upon determination that
total loan volume, including outstanding prin- SEC. 318. Section 344(a) of the HEA (20 U.S.C. such transfer is necessary to support the activi-
cipal, fees, capitalized interest, or accrued inter- 1066c(a)) is amended by striking ‘‘No institution ties of national service participants and after
est, at application that is eligible for such loan of higher education that has received assistance notice is transmitted to the Committees on Ap-
cancellation by such borrowers shall not exceed under section 8 of the Act of March 2, 1867 (20 propriations of the House of Representatives
$75,000,000: Provided further, That the Secretary U.S.C. 123) shall be eligible to receive assistance and the Senate: Provided further, That amounts
shall develop and make available a simple meth- under this part.’’. appropriated for or transferred to the National
od for borrowers to apply for loan cancellation This title may be cited as the ‘‘Department of Service Trust may be invested under section
under this section within 60 days of enactment Education Appropriations Act, 2022’’. 145(b) of the 1990 Act without regard to the re-
of this Act: Provided further, That the Secretary TITLE IV quirement to apportion funds under 31 U.S.C.
shall provide loan cancellation under this sec- RELATED AGENCIES 1513(b).
tion to eligible borrowers on a first-come, first- SALARIES AND EXPENSES
COMMITTEE FOR PURCHASE FROM PEOPLE WHO
serve basis, based on the date of application and For necessary expenses of administration as
ARE BLIND OR SEVERELY DISABLED
subject to both the limitation on total loan vol- provided under section 501(a)(5) of the 1990 Act
ume at application for such loan cancellation SALARIES AND EXPENSES
and under section 504(a) of the 1973 Act, includ-
specified in the second proviso and the avail- For expenses necessary for the Committee for ing payment of salaries, authorized travel, hire
ability of appropriations under this section: Pro- Purchase From People Who Are Blind or Se- of passenger motor vehicles, the rental of con-
vided further, That no borrower may, for the verely Disabled (referred to in this title as ‘‘the ference rooms in the District of Columbia, the
same service, receive a reduction of loan obliga- Committee’’) established under section 8502 of employment of experts and consultants author-
tions under both this section and section 428J, title 41, United States Code, $12,000,000: Pro- ized under 5 U.S.C. 3109, and not to exceed
428K, 428L, or 460 of such Act: Provided further, vided, That in order to authorize any central $2,500 for official reception and representation
That the Secretary shall inform all borrowers nonprofit agency designated pursuant to section expenses, $91,186,000.
who have submitted and Employment Certifi- 8503(c) of title 41, United States Code, to perform
OFFICE OF INSPECTOR GENERAL
cation Form and are in the incorrect repayment requirements of the Committee as prescribed
program about the Temporary Expanded Public under section 51–3.2 of title 41, Code of Federal For necessary expenses of the Office of In-
Service Loan Forgiveness Program and require- Regulations, the Committee shall enter into a spector General in carrying out the Inspector
ment for qualification under the program. written agreement with any such central non- General Act of 1978, $6,960,000.
SEC. 311. None of the funds made available by profit agency: Provided further, That such ADMINISTRATIVE PROVISIONS
this Act may be used in contravention of section agreement shall contain such auditing, over- SEC. 401. CNCS shall make any significant
203 of the Department of Education Organiza- sight, and reporting provisions as necessary to changes to program requirements, service deliv-
tion Act (20 U.S.C. 3413). implement chapter 85 of title 41, United States ery or policy only through public notice and
SEC. 312. Section 487(a) of the HEA is amend- Code: Provided further, That such agreement comment rulemaking. For fiscal year 2022, dur-
ed in paragraph (24) by striking ‘‘ten percent’’ shall include the elements listed under the head- ing any grant selection process, an officer or
and inserting ‘‘fifteen percent’’. ing ‘‘Committee For Purchase From People Who employee of CNCS shall not knowingly disclose
SEC. 313. None of the funds made available by Are Blind or Severely Disabled—Written Agree- any covered grant selection information regard-
this Act may be used by the Department of Edu- ment Elements’’ in the explanatory statement ing such selection, directly or indirectly, to any
cation to support an educational institution described in section 4 of Public Law 114–113 (in person other than an officer or employee of
that engages in the use of electric shock devices the matter preceding division A of that consoli- CNCS that is authorized by CNCS to receive
and equipment for aversive conditioning or dis- dated Act): Provided further, That any such such information.
ciplining of students. central nonprofit agency may not charge a fee SEC. 402. AmeriCorps programs receiving
SEC. 314. None of the funds made available by under section 51–3.5 of title 41, Code of Federal grants under the National Service Trust pro-
this Act or any other Act may be awarded to a Regulations, prior to executing a written agree- gram shall meet an overall minimum share re-
charter school that contracts with a for-profit ment with the Committee: Provided further, quirement of 24 percent for the first 3 years that
entity to operate, oversee or manage the activi- That no less than $3,000,000 shall be available they receive AmeriCorps funding, and thereafter
ties of the school. for the Office of Inspector General. shall meet the overall minimum share require-
SEC. 315. In addition to amounts otherwise ap- ment as provided in section 2521.60 of title 45,
propriated in this title for purposes authorized CORPORATION FOR NATIONAL AND COMMUNITY
SERVICE Code of Federal Regulations, without regard to
by the Elementary and Secondary Education the operating costs match requirement in section
Act of 1965, there are hereby appropriated an OPERATING EXPENSES
121(e) or the member support Federal share limi-
additional $88,010,000 which shall be used for For necessary expenses for the Corporation tations in section 140 of the 1990 Act, and sub-
the projects, and in the amounts specified under for National and Community Service (referred to ject to partial waiver consistent with section
the heading ‘‘Innovation and Improvement’’ in in this title as ‘‘CNCS’’) to carry out the Domes- 2521.70 of title 45, Code of Federal Regulations.
the report accompanying this Act, and of which tic Volunteer Service Act of 1973 (referred to in SEC. 403. Donations made to CNCS under sec-
up to $1,000,000 may be used for related agency this title as ‘‘1973 Act’’) and the National and tion 196 of the 1990 Act for the purposes of fi-
administrative expenses: Provided, That none of Community Service Act of 1990 (referred to in nancing programs and operations under titles I
the funds made available for projects described this title as ‘‘1990 Act’’), $1,021,120,000, notwith- and II of the 1973 Act or subtitle B, C, D, or E
in this section shall be subject to section 302 of standing sections 198B(b)(3), 198S(g), of title I of the 1990 Act shall be used to supple-
this Act. 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: ment and not supplant current programs and
SEC. 316. None of the funds appropriated by Provided, That of the amounts provided under operations.
this title for the Department of Education shall this heading: (1) up to 1 percent of program SEC. 404. In addition to the requirements in
be withheld from an institution of higher edu- grant funds may be used to defray the costs of section 146(a) of the 1990 Act, use of an edu-
cation solely because that institution is con- conducting grant application reviews, including cational award for the purpose described in sec-
ducting or preparing to conduct research on the use of outside peer reviewers and electronic tion 148(a)(4) shall be limited to individuals who
marihuana as defined in 21 U.S.C. 802(16). management of the grants cycle; (2) $19,538,000 are veterans as defined under section 101 of the
SEC. 317. (a) Section 484 of the HEA (20 U.S.C. shall be available to provide assistance to State Act.
1091) is amended— commissions on national and community service, SEC. 405. For the purpose of carrying out sec-
(1) in subsection (a)(5) by inserting ‘‘a DACA under section 126(a) of the 1990 Act and not- tion 189D of the 1990 Act—
recipient as defined in subsection (u), have tem- withstanding section 501(a)(5)(B) of the 1990 (1) entities described in paragraph (a) of such
porary protected status under section 244 of the Act; (3) $37,735,000 shall be available to carry section shall be considered ‘‘qualified entities’’
Immigration and Nationality Act (8 U.S.C. out subtitle E of the 1990 Act; and (4) $6,700,000 under section 3 of the National Child Protection
1254a),’’ after ‘‘a permanent resident of the shall be available for expenses authorized under Act of 1993 (‘‘NCPA’’);
United States,’’; and section 501(a)(4)(F) of the 1990 Act, which, not- (2) individuals described in such section shall
(2) by adding at the end the following new withstanding the provisions of section 198P be considered ‘‘volunteers’’ under section 3 of
subsection: shall be awarded by CNCS on a competitive NCPA; and
‘‘(u) DACA RECIPIENT.—In this section, the basis: Provided further, That for the purposes of (3) State Commissions on National and Com-
term ‘DACA recipient’ means an alien (as de- carrying out the 1990 Act, satisfying the require- munity Service established pursuant to section
fined in section 101(a)(3) of the Immigration and ments in section 122(c)(1)(D) may include a de- 178 of the 1990 Act, are authorized to receive
Nationality Act (8 U.S.C. 1101(a)(3)) who is in- termination of need by the local community. criminal history record information, consistent
admissible to the United State or deportable with Public Law 92–544.
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PAYMENT TO THE NATIONAL SERVICE TRUST
from the United States under the immigration SEC. 406. Notwithstanding sections 139(b), 146
laws (as defined in section 101(a)(17) of the Im- (INCLUDING TRANSFER OF FUNDS) and 147 of the 1990 Act, an individual who suc-
migration and Nationality Act (8 U.S.C. For payment to the National Service Trust es- cessfully completes a term of service of not less
1101(a)(17)) and who the Secretary of Homeland tablished under subtitle D of title I of the 1990 than 1,200 hours during a period of not more
Security has, in his or her discretion, deter- Act, $196,000,000, to remain available until ex- than one year may receive a national service
mined should be afforded a grant of deferred ac- pended: Provided, That CNCS may transfer ad- education award having a value of 70 percent of
tion under the Deferred Action for Childhood ditional funds from the amount provided within the value of a national service education award
Arrivals (DACA) policy.’’. ‘‘Operating Expenses’’ allocated to grants under determined under section 147(a) of the Act.
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H3952 CONGRESSIONAL RECORD — HOUSE July 27, 2021
SEC. 407. Section 148(f)(2)(A)(i) of the 1990 Act INSTITUTE OF MUSEUM AND LIBRARY SERVICES and from moneys credited to the railroad unem-
shall be applied by substituting ‘‘an approved OFFICE OF MUSEUM AND LIBRARY SERVICES: ployment insurance administration fund: Pro-
national service position’’ for ‘‘a national serv- GRANTS AND ADMINISTRATION vided, That notwithstanding section 7(b)(9) of
ice program that receives grants under subtitle the Railroad Retirement Act this limitation may
For carrying out the Museum and Library
C’’. be used to hire attorneys only through the ex-
SEC. 408. (a) Section 137(a)(5) of the 1990 Act Services Act of 1996, the National Museum of
cepted service: Provided further, That the pre-
shall be applied as if the following were inserted African American History and Culture Act, and
vious proviso shall not change the status under
before the period: ‘‘, or has submitted a request the National Museum of the American Latino
Federal employment laws of any attorney hired
for administrative relief pursuant to the policy Act, $282,000,000.
by the Railroad Retirement Board prior to Janu-
established in the memorandum of the Secretary MEDICAID AND CHIP PAYMENT AND ACCESS ary 1, 2013: Provided further, That notwith-
of Homeland Security dated June 15, 2012, and COMMISSION standing section 7(b)(9) of the Railroad Retire-
entitled ‘Exercising Prosecutorial Discretion SALARIES AND EXPENSES ment Act, this limitation may be used to hire
with Respect to Individuals Who Came to the For expenses necessary to carry out section students attending qualifying educational insti-
United States as Children’ (Deferred Action for 1900 of the Social Security Act, $9,350,000. tutions or individuals who have recently com-
Childhood Arrivals)’’. pleted qualifying educational programs using
(b) Section 146(a)(3) of the 1990 Act shall be MEDICARE PAYMENT ADVISORY COMMISSION
current excepted hiring authorities established
applied as if the following were inserted before SALARIES AND EXPENSES
by the Office of Personnel Management.
the period: ‘‘, or has submitted a request for ad- For expenses necessary to carry out section
ministrative relief pursuant to the policy estab- LIMITATION ON THE OFFICE OF INSPECTOR
1805 of the Social Security Act, $13,310,000, to be
lished in the memorandum of the Secretary of GENERAL
transferred to this appropriation from the Fed-
Homeland Security dated June 15, 2012, and en- eral Hospital Insurance Trust Fund and the For expenses necessary for the Office of In-
titled ‘Exercising Prosecutorial Discretion with Federal Supplementary Medical Insurance spector General for audit, investigatory and re-
Respect to Individuals Who Came to the United Trust Fund. view activities, as authorized by the Inspector
States as Children (Deferred Action for Child- General Act of 1978, not more than $12,650,000,
NATIONAL COUNCIL ON DISABILITY
hood Arrivals)’’. to be derived from the railroad retirement ac-
SALARIES AND EXPENSES counts and railroad unemployment insurance
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public For expenses necessary for the National Coun- account.
Broadcasting (‘‘CPB’’), as authorized by the cil on Disability as authorized by title IV of the SOCIAL SECURITY ADMINISTRATION
Communications Act of 1934, an amount which Rehabilitation Act of 1973, $3,750,000.
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
shall be available within limitations specified by NATIONAL LABOR RELATIONS BOARD
For payment to the Federal Old-Age and Sur-
that Act, for the fiscal year 2024, $565,000,000: SALARIES AND EXPENSES vivors Insurance Trust Fund and the Federal
Provided, That none of the funds made avail- For expenses necessary for the National Labor Disability Insurance Trust Fund, as provided
able to CPB by this Act shall be used to pay for Relations Board to carry out the functions vest- under sections 201(m) and 1131(b)(2) of the So-
receptions, parties, or similar forms of entertain- ed in it by the Labor-Management Relations cial Security Act, $11,000,000.
ment for Government officials or employees: Pro- Act, 1947, and other laws, $316,925,000 of which
vided further, That none of the funds made SUPPLEMENTAL SECURITY INCOME PROGRAM
not less than $1,000,000 shall be used to develop
available to CPB by this Act shall be available For carrying out titles XI and XVI of the So-
a system and procedures to conduct union rep-
or used to aid or support any program or activ- cial Security Act, section 401 of Public Law 92–
resentation elections electronically.
ity from which any person is excluded, or is de- 603, section 212 of Public Law 93–66, as amend-
nied benefits, or is discriminated against, on the NATIONAL MEDIATION BOARD ed, and section 405 of Public Law 95–216, includ-
basis of race, color, national origin, religion, or SALARIES AND EXPENSES ing payment to the Social Security trust funds
sex: Provided further, That none of the funds For expenses necessary to carry out the provi- for administrative expenses incurred pursuant
made available to CPB by this Act shall be used sions of the Railway Labor Act, including emer- to section 201(g)(1) of the Social Security Act,
to apply any political test or qualification in se- gency boards appointed by the President, $46,167,573,000, to remain available until ex-
lecting, appointing, promoting, or taking any $15,542,000. pended: Provided, That any portion of the
other personnel action with respect to officers, funds provided to a State in the current fiscal
OCCUPATIONAL SAFETY AND HEALTH REVIEW
agents, and employees of CPB. year and not obligated by the State during that
In addition, for the costs associated with re- COMMISSION
year shall be returned to the Treasury: Provided
placing and upgrading the public broadcasting SALARIES AND EXPENSES
further, That not more than $86,000,000 shall be
interconnection system and other technologies For expenses necessary for the Occupational available for research and demonstrations under
and services that create infrastructure and effi- Safety and Health Review Commission, sections 1110, 1115, and 1144 of the Social Secu-
ciencies within the public media system, $15,028,000. rity Act, and remain available through Sep-
$20,000,000. RAILROAD RETIREMENT BOARD tember 30, 2024.
FEDERAL MEDIATION AND CONCILIATION SERVICE For making, after June 15 of the current fiscal
DUAL BENEFITS PAYMENTS ACCOUNT
SALARIES AND EXPENSES year, benefit payments to individuals under title
For payment to the Dual Benefits Payments
For expenses necessary for the Federal Medi- XVI of the Social Security Act, for unantici-
Account, authorized under section 15(d) of the
ation and Conciliation Service (‘‘Service’’) to pated costs incurred for the current fiscal year,
Railroad Retirement Act of 1974, $11,000,000,
carry out the functions vested in it by the such sums as may be necessary.
which shall include amounts becoming available
Labor-Management Relations Act, 1947, includ- For making benefit payments under title XVI
in fiscal year 2022 pursuant to section
ing hire of passenger motor vehicles; for ex- of the Social Security Act for the first quarter of
224(c)(1)(B) of Public Law 98–76; and in addi-
penses necessary for the Labor-Management Co- fiscal year 2023, $15,600,000,000, to remain avail-
tion, an amount, not to exceed 2 percent of the
operation Act of 1978; and for expenses nec- able until expended.
amount provided herein, shall be available pro-
essary for the Service to carry out the functions LIMITATION ON ADMINISTRATIVE EXPENSES
portional to the amount by which the product of
vested in it by the Civil Service Reform Act,
recipients and the average benefit received ex- For necessary expenses, including the hire
$50,000,000: Provided, That notwithstanding 31
ceeds the amount available for payment of vest- and purchase of two passenger motor vehicles,
U.S.C. 3302, fees charged, up to full-cost recov-
ed dual benefits: Provided, That the total and not to exceed $20,000 for official reception
ery, for special training activities and other con-
amount provided herein shall be credited in 12 and representation expenses, not more than
flict resolution services and technical assistance,
approximately equal amounts on the first day of $13,927,945,000 may be expended, as authorized
including those provided to foreign governments
each month in the fiscal year. by section 201(g)(1) of the Social Security Act,
and international organizations, and for arbi-
FEDERAL PAYMENTS TO THE RAILROAD from any one or all of the trust funds referred
tration services shall be credited to and merged
RETIREMENT ACCOUNTS to in such section: Provided, That not less than
with this account, and shall remain available
$2,700,000 shall be for the Social Security Advi-
until expended: Provided further, That fees for For payment to the accounts established in
sory Board: Provided further, That unobligated
arbitration services shall be available only for the Treasury for the payment of benefits under
balances of funds provided under this para-
education, training, and professional develop- the Railroad Retirement Act for interest earned
graph at the end of fiscal year 2022 not needed
ment of the agency workforce: Provided further, on unnegotiated checks, $150,000, to remain
for fiscal year 2022 shall remain available until
That the Director of the Service is authorized to available through September 30, 2023, which
expended to invest in the Social Security Admin-
accept and use on behalf of the United States shall be the maximum amount available for pay-
istration information technology and tele-
gifts of services and real, personal, or other ment pursuant to section 417 of Public Law 98–
communications hardware and software infra-
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property in the aid of any projects or functions 76.
structure, including related equipment and non-
within the Director’s jurisdiction. LIMITATION ON ADMINISTRATION payroll administrative expenses associated solely
FEDERAL MINE SAFETY AND HEALTH REVIEW For necessary expenses for the Railroad Re- with this information technology and tele-
COMMISSION tirement Board (‘‘Board’’) for administration of communications infrastructure: Provided fur-
SALARIES AND EXPENSES the Railroad Retirement Act and the Railroad ther, That the Commissioner of Social Security
For expenses necessary for the Federal Mine Unemployment Insurance Act, $130,049,000, to be shall notify the Committees on Appropriations
Safety and Health Review Commission, derived in such amounts as determined by the of the House of Representatives and the Senate
$17,539,000. Board from the railroad retirement accounts prior to making unobligated balances available
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3953
under the authority in the previous proviso: available for the time and purposes for which State and local governments and recipients of
Provided further, That reimbursement to the this account is available: Provided, That notice Federal research grants, shall clearly state—
trust funds under this heading for expenditures of such transfers shall be transmitted promptly (1) the percentage of the total costs of the pro-
for official time for employees of the Social Se- to the Committees on Appropriations of the gram or project which will be financed with
curity Administration pursuant to 5 U.S.C. 7131, House of Representatives and the Senate at Federal money;
and for facilities or support services for labor or- least 15 days in advance of any transfer. (2) the dollar amount of Federal funds for the
ganizations pursuant to policies, regulations, or TITLE V project or program; and
procedures referred to in section 7135(b) of such (3) percentage and dollar amount of the total
GENERAL PROVISIONS costs of the project or program that will be fi-
title shall be made by the Secretary of the Treas-
(TRANSFER OF FUNDS) nanced by non-governmental sources.
ury, with interest, from amounts in the general
fund not otherwise appropriated, as soon as SEC. 501. The Secretaries of Labor, Health and SEC. 506. (a) None of the funds made available
possible after such expenditures are made. Human Services, and Education are authorized in this Act may be used for—
Of the total amount made available in the to transfer unexpended balances of prior appro- (1) the creation of a human embryo or em-
first paragraph under this heading, priations to accounts corresponding to current bryos for research purposes; or
appropriations provided in this Act. Such trans- (2) research in which a human embryo or em-
$1,708,000,000, to remain available through
ferred balances shall be used for the same pur- bryos are destroyed, discarded, or knowingly
March 31, 2023, is for the costs associated with
pose, and for the same periods of time, for which subjected to risk of injury or death greater than
continuing disability reviews under titles II and
they were originally appropriated. that allowed for research on fetuses in utero
XVI of the Social Security Act, including work-
SEC. 502. No part of any appropriation con- under 45 CFR 46.204(b) and section 498(b) of the
related continuing disability reviews to deter-
tained in this Act shall remain available for ob- Public Health Service Act (42 U.S.C. 289g(b)).
mine whether earnings derived from services
ligation beyond the current fiscal year unless (b) For purposes of this section, the term
demonstrate an individual’s ability to engage in
expressly so provided herein. ‘‘human embryo or embryos’’ includes any orga-
substantial gainful activity, for the cost associ-
SEC. 503. (a) No part of any appropriation nism, not protected as a human subject under 45
ated with conducting redeterminations of eligi-
contained in this Act or transferred pursuant to CFR 46 as of the date of the enactment of this
bility under title XVI of the Social Security Act,
section 4002 of Public Law 111–148 shall be used, Act, that is derived by fertilization, par-
for the cost of co-operative disability investiga-
other than for normal and recognized executive- thenogenesis, cloning, or any other means from
tion units, and for the cost associated with the
legislative relationships, for publicity or propa- one or more human gametes or human diploid
prosecution of fraud in the programs and oper-
ganda purposes, for the preparation, distribu- cells.
ations of the Social Security Administration by SEC. 507. (a) None of the funds made available
Special Assistant United States Attorneys: Pro- tion, or use of any kit, pamphlet, booklet, publi-
cation, electronic communication, radio, tele- in this Act may be used for any activity that
vided, That, of such amount, $273,000,000 is pro- promotes the legalization of any drug or other
vided to meet the terms of section 1(k) of H. Res. vision, or video presentation designed to support
or defeat the enactment of legislation before the substance included in schedule I of the sched-
467 of the 117th Congress as engrossed in the ules of controlled substances established under
House of Representatives on June 14, 2021, and Congress or any State or local legislature or leg-
islative body, except in presentation to the Con- section 202 of the Controlled Substances Act ex-
$1,435,000,000 is additional new budget author- cept for normal and recognized executive-con-
ity specified for purposes of such section 1(k): gress or any State or local legislature itself, or
designed to support or defeat any proposed or gressional communications.
Provided further, That, of the additional new (b) The limitation in subsection (a) shall not
budget authority described in the preceding pro- pending regulation, administrative action, or
order issued by the executive branch of any apply when there is significant medical evidence
viso, up to $12,100,000 may be transferred to the of a therapeutic advantage to the use of such
‘‘Office of Inspector General’’, Social Security State or local government, except in presen-
tation to the executive branch of any State or drug or other substance or that federally spon-
Administration, for the cost of jointly operated sored clinical trials are being conducted to de-
co-operative disability investigation units: Pro- local government itself.
(b) No part of any appropriation contained in termine therapeutic advantage.
vided further, That such transfer authority is in SEC. 508. None of the funds made available in
this Act or transferred pursuant to section 4002
addition to any other transfer authority pro- this Act may be obligated or expended to enter
of Public Law 111–148 shall be used to pay the
vided by law: Provided further, That the Com- into or renew a contract with an entity if—
salary or expenses of any grant or contract re-
missioner shall provide to the Congress (at the (1) such entity is otherwise a contractor with
cipient, or agent acting for such recipient, re-
conclusion of the fiscal year) a report on the ob- the United States and is subject to the require-
lated to any activity designed to influence the
ligation and expenditure of these funds, similar ment in 38 U.S.C. 4212(d) regarding submission
enactment of legislation, appropriations, regula-
to the reports that were required by section of an annual report to the Secretary of Labor
tion, administrative action, or Executive order
103(d)(2) of Public Law 104–121 for fiscal years concerning employment of certain veterans; and
proposed or pending before the Congress or any
1996 through 2002. (2) such entity has not submitted a report as
In addition, $138,000,000 to be derived from State government, State legislature or local leg-
required by that section for the most recent year
administration fees in excess of $5.00 per supple- islature or legislative body, other than for nor-
for which such requirement was applicable to
mentary payment collected pursuant to section mal and recognized executive-legislative rela-
such entity.
1616(d) of the Social Security Act or section tionships or participation by an agency or offi-
SEC. 509. None of the funds made available in
212(b)(3) of Public Law 93–66, which shall re- cer of a State, local or tribal government in pol-
this Act may be transferred to any department,
main available until expended: Provided, That icymaking and administrative processes within
agency, or instrumentality of the United States
to the extent that the amounts collected pursu- the executive branch of that government.
Government, except pursuant to a transfer made
(c) The prohibitions in subsections (a) and (b)
ant to such sections in fiscal year 2022 exceed by, or transfer authority provided in, this Act or
shall include any activity to advocate or pro-
$138,000,000, the amounts shall be available in any other appropriation Act.
mote any proposed, pending or future Federal,
fiscal year 2023 only to the extent provided in SEC. 510. None of the funds made available by
State or local tax increase, or any proposed,
advance in appropriations Acts. this Act to carry out the Library Services and
In addition, up to $1,000,000 to be derived from pending, or future requirement or restriction on
Technology Act may be made available to any
fees collected pursuant to section 303(c) of the any legal consumer product, including its sale
library covered by paragraph (1) of section
Social Security Protection Act, which shall re- or marketing, including but not limited to the
224(f) of such Act, as amended by the Children’s
main available until expended. advocacy or promotion of gun control.
Internet Protection Act, unless such library has
SEC. 504. The Secretaries of Labor and Edu-
OFFICE OF INSPECTOR GENERAL made the certifications required by paragraph
cation are authorized to make available not to
(INCLUDING TRANSFER OF FUNDS) (4) of such section.
exceed $28,000 and $20,000, respectively, from
SEC. 511. (a) None of the funds provided under
For expenses necessary for the Office of In- funds available for salaries and expenses under
this Act, or provided under previous appropria-
spector General in carrying out the provisions of titles I and III, respectively, for official recep-
tions Acts to the agencies funded by this Act
the Inspector General Act of 1978, $32,000,000, tion and representation expenses; the Director
that remain available for obligation or expendi-
together with not to exceed $80,000,000, to be of the Federal Mediation and Conciliation Serv-
ture in fiscal year 2022, or provided from any ac-
transferred and expended as authorized by sec- ice is authorized to make available for official
counts in the Treasury of the United States de-
tion 201(g)(1) of the Social Security Act from the reception and representation expenses not to ex-
rived by the collection of fees available to the
Federal Old-Age and Survivors Insurance Trust ceed $5,000 from the funds available for ‘‘Fed-
agencies funded by this Act, shall be available
Fund and the Federal Disability Insurance eral Mediation and Conciliation Service, Sala-
for obligation or expenditure through a re-
Trust Fund: Provided, That $2,000,000 shall re- ries and Expenses’’; and the Chairman of the
programming of funds that—
main available until expended for information National Mediation Board is authorized to make (1) creates new programs;
technology modernization, including related available for official reception and representa- (2) eliminates a program, project, or activity;
hardware and software infrastructure and tion expenses not to exceed $5,000 from funds (3) increases funds or personnel by any means
SSpencer on DSK126QN23PROD with HOUSE
equipment, and for administrative expenses di- available for ‘‘National Mediation Board, Sala- for any project or activity for which funds have
rectly associate with information technology ries and Expenses’’. been denied or restricted;
modernization. SEC. 505. When issuing statements, press re- (4) relocates an office or employees;
In addition, an amount not to exceed 3 per- leases, requests for proposals, bid solicitations (5) reorganizes or renames offices;
cent of the total provided in this appropriation and other documents describing projects or pro- (6) reorganizes programs or activities; or
may be transferred from the ‘‘Limitation on Ad- grams funded in whole or in part with Federal (7) contracts out or privatizes any functions
ministrative Expenses’’, Social Security Admin- money, all grantees receiving Federal funds in- or activities presently performed by Federal em-
istration, to be merged with this account, to be cluded in this Act, including but not limited to ployees;
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H3954 CONGRESSIONAL RECORD — HOUSE July 27, 2021
unless the Committees on Appropriations of the tion to pay the compensation of employees of to the Committees on Appropriations of the
House of Representatives and the Senate are the Social Security Administration to administer House of Representatives and the Senate a com-
consulted 15 days in advance of such re- Social Security benefit payments, under any prehensive list of any new or competitive grant
programming or of an announcement of intent agreement between the United States and Mex- award notifications, including supplements,
relating to such reprogramming, whichever oc- ico establishing totalization arrangements be- issued at the discretion of such Departments not
curs earlier, and are notified in writing 10 days tween the social security system established by less than 3 full business days before any entity
in advance of such reprogramming. title II of the Social Security Act and the social selected to receive a grant award is announced
(b) None of the funds provided under this Act, security system of Mexico, which would not oth- by the Department or its offices (other than
or provided under previous appropriations Acts erwise be payable but for such agreement. emergency response grants at any time of the
to the agencies funded by this Act that remain SEC. 517. (a) None of the funds made available year or for grant awards made during the last
available for obligation or expenditure in fiscal in this Act may be used to maintain or establish 10 business days of the fiscal year, or if applica-
year 2022, or provided from any accounts in the a computer network unless such network blocks ble, of the program year).
Treasury of the United States derived by the the viewing, downloading, and exchanging of SEC. 523. Each department and related agency
collection of fees available to the agencies fund- pornography. funded through this Act shall provide answers
ed by this Act, shall be available for obligation (b) Nothing in subsection (a) shall limit the to questions submitted for the record by members
or expenditure through a reprogramming of use of funds necessary for any Federal, State, of the Committee within 45 business days after
funds in excess of $500,000 or 10 percent, which- tribal, or local law enforcement agency or any receipt.
ever is less, that— other entity carrying out criminal investiga- SEC. 524. Of amounts deposited in the Child
(1) augments existing programs, projects (in- tions, prosecution, or adjudication activities. Enrollment Contingency Fund under section
cluding construction projects), or activities; SEC. 518. For purposes of carrying out Execu- 2104(n)(2) of the Social Security Act and the in-
(2) reduces by 10 percent funding for any ex- tive Order 13589, Office of Management and come derived from investment of those funds
isting program, project, or activity, or numbers Budget Memorandum M–12–12 dated May 11, pursuant to section 2104(n)(2)(C) of that Act,
of personnel by 10 percent as approved by Con- 2012, and requirements contained in the annual $13,715,000,000 shall not be available for obliga-
gress; or appropriations bills relating to conference at- tion in this fiscal year.
(3) results from any general savings from a re- tendance and expenditures: SEC. 525. None of the funds appropriated in
duction in personnel which would result in a (1) the operating divisions of HHS shall be this Act may be used to implement or enforce the
change in existing programs, activities, or considered independent agencies; and final rule entitled ‘‘Hearings Held by Adminis-
projects as approved by Congress; (2) attendance at and support for scientific trative Appeals Judges of the Appeals Council’’
unless the Committees on Appropriations of the conferences shall be tabulated separately from (85 Fed. Reg. 73138, December 16, 2020).
House of Representatives and the Senate are and not included in agency totals. SEC. 526. None of the funds made available by
consulted 15 days in advance of such re- SEC. 519. Federal agencies funded under this this Act may be made available to the Wuhan
programming or of an announcement of intent Act shall clearly state within the text, audio, or Institute of Virology located in the City of
relating to such reprogramming, whichever oc- video used for advertising or educational pur- Wuhan in the People’s Republic of China.
curs earlier, and are notified in writing 10 days poses, including emails or Internet postings, SEC. 527. None of the funds made available by
in advance of such reprogramming. that the communication is printed, published, or this Act may be used, either directly or indi-
SEC. 512. (a) None of the funds made available produced and disseminated at U.S. taxpayer ex- rectly, to conduct or support any gain-of-func-
in this Act may be used to request that a can- pense. The funds used by a Federal agency to tion research involving a potential pandemic
didate for appointment to a Federal scientific carry out this requirement shall be derived from pathogen by a foreign adversary including
advisory committee disclose the political affili- amounts made available to the agency for ad- China, Russia, Iran, and North Korea.
ation or voting history of the candidate or the vertising or other communications regarding the This division may be cited as the ‘‘Depart-
position that the candidate holds with respect to programs and activities of the agency. ments of Labor, Health and Human Services,
political issues not directly related to and nec- SEC. 520. (a) Federal agencies may use Federal and Education, and Related Agencies Appro-
essary for the work of the committee involved. discretionary funds that are made available in priations Act, 2022’’.
(b) None of the funds made available in this this Act to carry out up to 10 Performance Part-
DIVISION B—AGRICULTURE, RURAL DE-
Act may be used to disseminate information that nership Pilots. Such Pilots shall be governed by
VELOPMENT, FOOD AND DRUG ADMINIS-
is deliberately false or misleading. the provisions of section 526 of division H of
TRATION, AND RELATED AGENCIES AP-
SEC. 513. Within 45 days of enactment of this Public Law 113–76, except that in carrying out
PROPRIATIONS ACT, 2022
Act, each department and related agency fund- such Pilots section 526 shall be applied by sub-
ed through this Act shall submit an operating stituting ‘‘FISCAL YEAR 2022’’ for ‘‘FISCAL YEAR TITLE I
plan that details at the program, project, and 2014’’ in the title of subsection (b) and by sub- AGRICULTURAL PROGRAMS
activity level any funding allocations for fiscal stituting ‘‘September 30, 2026’’ for ‘‘September PROCESSING, RESEARCH, AND MARKETING
year 2022 that are different than those specified 30, 2018’’ each place it appears: Provided, That OFFICE OF THE SECRETARY
in this Act, the report accompanying this Act, or such pilots shall include communities that have
(INCLUDING TRANSFERS OF FUNDS)
the fiscal year 2022 budget request. experienced civil unrest.
SEC. 514. The Secretaries of Labor, Health and (b) In addition, Federal agencies may use For necessary expenses of the Office of the
Human Services, and Education shall each pre- Federal discretionary funds that are made Secretary, $64,755,000, of which not to exceed
pare and submit to the Committees on Appro- available in this Act to participate in Perform- $10,203,000 shall be available for the immediate
priations of the House of Representatives and ance Partnership Pilots that are being carried Office of the Secretary, of which $4,500,000 shall
the Senate a report on the number and amount out pursuant to the authority provided by sec- remain available until expended for activities re-
of contracts, grants, and cooperative agreements tion 526 of division H of Public Law 113–76, sec- lating to climate change, including coordinating
exceeding $500,000, individually or in total for a tion 524 of division G of Public Law 113–235, sec- such activities across the Department; not to ex-
particular project, activity, or programmatic ini- tion 525 of division H of Public Law 114–113, sec- ceed $4,749,000 shall be available for the Office
tiative, in value and awarded by the Depart- tion 525 of division H of Public Law 115–31, sec- of Homeland Security; not to exceed $2,860,000
ment on a non-competitive basis during each tion 525 of division H of Public Law 115–141, shall be available for the Office of Tribal Rela-
quarter of fiscal year 2022, but not to include and section 524 of division A of Public Law 116– tions; not to exceed $9,294,000 shall be available
grants awarded on a formula basis or directed 94. for the Office of Partnerships and Public En-
by law. Such report shall include the name of (c) Pilot sites selected under authorities in this gagement, of which $1,500,000 shall be for 7
the contractor or grantee, the amount of fund- Act and prior appropriations Acts may be grant- U.S.C. 2279(c)(5); not to exceed $1,649,000 shall
ing, the governmental purpose, including a jus- ed by relevant agencies up to an additional 5 be available for the Office of the Assistant Sec-
tification for issuing the award on a non-com- years to operate under such authorities. retary for Administration; not to exceed
petitive basis. Such report shall be transmitted SEC. 521. Not later than 30 days after the end $24,036,000 shall be available for Departmental
to the Committees within 30 days after the end of each calendar quarter, beginning with the Administration to provide for necessary ex-
of the quarter for which the report is submitted. first month of fiscal year 2022 the Departments penses for management support services to of-
SEC. 515. None of the funds appropriated in of Labor, Health and Human Services and Edu- fices of the Department and for general adminis-
this Act shall be expended or obligated by the cation and the Social Security Administration tration, security, repairs and alterations, and
Commissioner of Social Security, for purposes of shall provide the Committees on Appropriations other miscellaneous supplies and expenses not
administering Social Security benefit payments of the House of Representatives and Senate a re- otherwise provided for and necessary for the
under title II of the Social Security Act, to proc- port on the status of balances of appropriations: practical and efficient work of the Department:
ess any claim for credit for a quarter of coverage Provided, That for balances that are unobli- Provided, That funds made available by this Act
based on work performed under a social security gated and uncommitted, committed, and obli- to an agency in the Administration mission area
SSpencer on DSK126QN23PROD with HOUSE
account number that is not the claimant’s num- gated but unexpended, the monthly reports shall for salaries and expenses are available to fund
ber and the performance of such work under separately identify the amounts attributable to up to one administrative support staff for the
such number has formed the basis for a convic- each source year of appropriation (beginning Office; not to exceed $4,480,000 shall be available
tion of the claimant of a violation of section with fiscal year 2012, or, to the extent feasible, for the Office of Assistant Secretary for Con-
208(a)(6) or (7) of the Social Security Act. earlier fiscal years) from which balances were gressional Relations and Intergovernmental Af-
SEC. 516. None of the funds appropriated by derived. fairs to carry out the programs funded by this
this Act may be used by the Commissioner of So- SEC. 522. The Departments of Labor, Health Act, including programs involving intergovern-
cial Security or the Social Security Administra- and Human Services, or Education shall provide mental affairs and liaison within the executive
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3955
branch; and not to exceed $7,484,000 shall be ment, and repair of Agriculture buildings and ties related to climate change, including
available for the Office of Communications: Pro- facilities, and for related costs, $180,623,000, to $50,000,000 for climate science and $20,000,000 for
vided further, That the Secretary of Agriculture remain available until expended, of which clean energy: Provided, That appropriations
is authorized to transfer funds appropriated for $12,500,000 shall be available for the hire and hereunder shall be available for the operation
any office of the Office of the Secretary to any purchase of passenger motor vehicles. and maintenance of aircraft and the purchase
other office of the Office of the Secretary: Pro- HAZARDOUS MATERIALS MANAGEMENT of not to exceed one for replacement only: Pro-
vided further, That no appropriation for any of- (INCLUDING TRANSFERS OF FUNDS)
vided further, That appropriations hereunder
fice shall be increased or decreased by more shall be available pursuant to 7 U.S.C. 2250 for
than 5 percent: Provided further, That not to For necessary expenses of the Department of the construction, alteration, and repair of build-
exceed $22,000 of the amount made available Agriculture, to comply with the Comprehensive ings and improvements, but unless otherwise
under this paragraph for the immediate Office Environmental Response, Compensation, and provided, the cost of constructing any one build-
of the Secretary shall be available for official re- Liability Act (42 U.S.C. 9601 et seq.) and the ing shall not exceed $500,000, except for
ception and representation expenses, not other- Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), headhouses or greenhouses which shall each be
wise provided for, as determined by the Sec- $8,540,000, to remain available until expended: limited to $1,800,000, except for 10 buildings to be
retary: Provided further, That the amount made Provided, That appropriations and funds avail- constructed or improved at a cost not to exceed
available under this heading for Departmental able herein to the Department for Hazardous $1,100,000 each, and except for four buildings to
Administration shall be reimbursed from appli- Materials Management may be transferred to be constructed at a cost not to exceed $5,000,000
cable appropriations in this Act for travel ex- any agency of the Department for its use in each, and the cost of altering any one building
penses incident to the holding of hearings as re- meeting all requirements pursuant to the above during the fiscal year shall not exceed 10 per-
quired by 5 U.S.C. 551–558: Provided further, Acts on Federal and non-Federal lands. cent of the current replacement value of the
That funds made available under this heading OFFICE OF SAFETY, SECURITY, AND PROTECTION building or $500,000, whichever is greater: Pro-
for the Office of the Assistant Secretary for Con- For necessary expenses of the Office of Safety, vided further, That appropriations hereunder
gressional Relations and Intergovernmental Af- Security, and Protection, $23,306,000. shall be available for entering into lease agree-
fairs shall be transferred to agencies of the De- OFFICE OF INSPECTOR GENERAL ments at any Agricultural Research Service lo-
partment of Agriculture funded by this Act to cation for the construction of a research facility
For necessary expenses of the Office of In-
maintain personnel at the agency level: Pro- by a non-Federal entity for use by the Agricul-
spector General, including employment pursu-
vided further, That during any 30 day notifica- tural Research Service and a condition of the
ant to the Inspector General Act of 1978 (Public
tion period referenced in section 716 of this Act, lease shall be that any facility shall be owned,
Law 95–452; 5 U.S.C. App.), $106,309,000, includ-
the Secretary of Agriculture shall take no action operated, and maintained by the non-Federal
ing such sums as may be necessary for con-
to begin implementation of the action that is entity and shall be removed upon the expiration
tracting and other arrangements with public
subject to section 716 of this Act or make any or termination of the lease agreement: Provided
agencies and private persons pursuant to sec-
public announcement of such action in any further, That the limitations on alterations con-
tion 6(a)(9) of the Inspector General Act of 1978
form. tained in this Act shall not apply to moderniza-
(Public Law 95–452; 5 U.S.C. App.), and includ-
EXECUTIVE OPERATIONS tion or replacement of existing facilities at Belts-
ing not to exceed $125,000 for certain confiden-
ville, Maryland: Provided further, That appro-
OFFICE OF THE CHIEF ECONOMIST tial operational expenses, including the pay-
priations hereunder shall be available for grant-
For necessary expenses of the Office of the ment of informants, to be expended under the
ing easements at the Beltsville Agricultural Re-
Chief Economist, $26,399,000, of which not more direction of the Inspector General pursuant to
search Center: Provided further, That the fore-
than $5,000,000 shall be for grants or cooperative the Inspector General Act of 1978 (Public Law
going limitations shall not apply to replacement
agreements for policy research under 7 U.S.C. 95–452; 5 U.S.C. App.) and section 1337 of the
of buildings needed to carry out the Act of April
3155, and of which $4,400,000 shall remain avail- Agriculture and Food Act of 1981 (Public Law
24, 1948 (21 U.S.C. 113a): Provided further, That
able until expended for activities relating to cli- 97–98).
appropriations hereunder shall be available for
mate change, including coordinating such ac- OFFICE OF THE GENERAL COUNSEL granting easements at any Agricultural Re-
tivities across the Department. For necessary expenses of the Office of the search Service location for the construction of a
OFFICE OF HEARINGS AND APPEALS General Counsel, $60,723,000. research facility by a non-Federal entity for use
For necessary expenses of the Office of Hear- OFFICE OF ETHICS by, and acceptable to, the Agricultural Research
ings and Appeals, $16,173,000. For necessary expenses of the Office of Ethics, Service and a condition of the easements shall
OFFICE OF BUDGET AND PROGRAM ANALYSIS $4,277,000. be that upon completion the facility shall be ac-
cepted by the Secretary, subject to the avail-
For necessary expenses of the Office of Budget OFFICE OF THE UNDER SECRETARY FOR
ability of funds herein, if the Secretary finds
and Program Analysis, $12,760,000. RESEARCH, EDUCATION, AND ECONOMICS
that acceptance of the facility is in the interest
OFFICE OF THE CHIEF INFORMATION OFFICER For necessary expenses of the Office of the of the United States: Provided further, That
For necessary expenses of the Office of the Under Secretary for Research, Education, and funds may be received from any State, other po-
Chief Information Officer, $84,746,000, of which Economics, $4,327,000: Provided, That funds litical subdivision, organization, or individual
not less than $69,672,000 is for cybersecurity re- made available by this Act to an agency in the for the purpose of establishing or operating any
quirements of the department. Research, Education, and Economics mission research facility or research project of the Agri-
area for salaries and expenses are available to cultural Research Service, as authorized by law.
OFFICE OF THE CHIEF FINANCIAL OFFICER fund up to one administrative support staff for
For necessary expenses of the Office of the BUILDINGS AND FACILITIES
the Office: Provided further, That of the
Chief Financial Officer, $7,118,000. amounts made available under this heading, For the acquisition of land, construction, re-
OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL $2,000,000 shall be made available for the Office pair, improvement, extension, alteration, and
RIGHTS of the Chief Scientist. purchase of fixed equipment or facilities as nec-
essary to carry out the agricultural research
For necessary expenses of the Office of the As- ECONOMIC RESEARCH SERVICE
programs of the Department of Agriculture,
sistant Secretary for Civil Rights, $1,426,000: For necessary expenses of the Economic Re- where not otherwise provided, $126,505,000 to re-
Provided, That funds made available by this Act search Service, $88,594,000. main available until expended, of which
to an agency in the Civil Rights mission area for NATIONAL AGRICULTURAL STATISTICS SERVICE $20,000,000 shall be allocated for ARS facilities
salaries and expenses are available to fund up
For necessary expenses of the National Agri- co-located with university partners, and of
to one administrative support staff for the Of-
cultural Statistics Service, $189,175,000, of which which $46,700,000 shall be for the purposes, and
fice.
up to $46,850,000 shall be available until ex- in the amounts, specified for this account in the
OFFICE OF CIVIL RIGHTS pended for the Census of Agriculture: Provided, table titled ‘‘Community Project Funding’’ in
For necessary expenses of the Office of Civil That amounts made available for the Census of the report to accompany this Act, in accordance
Rights, $35,328,000. Agriculture may be used to conduct Current In- with applicable statutory and regulatory re-
AGRICULTURE BUILDINGS AND FACILITIES dustrial Report surveys subject to 7 U.S.C. quirements.
(INCLUDING TRANSFERS OF FUNDS)
2204g(d) and (f). NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
For payment of space rental and related costs AGRICULTURAL RESEARCH SERVICE RESEARCH AND EDUCATION ACTIVITIES
pursuant to Public Law 92–313, including au- SALARIES AND EXPENSES For payments to agricultural experiment sta-
thorities pursuant to the 1984 delegation of au- For necessary expenses of the Agricultural Re- tions, for cooperative forestry and other re-
thority from the Administrator of General Serv- search Service and for acquisition of lands by search, for facilities, and for other expenses,
SSpencer on DSK126QN23PROD with HOUSE
ices to the Department of Agriculture under 40 donation, exchange, or purchase at a nominal $1,061,309,000, which shall be for the purposes,
U.S.C. 121, for programs and activities of the cost not to exceed $100, and for land exchanges and in the amounts, specified in the table titled
Department which are included in this Act, and where the lands exchanged shall be of equal ‘‘National Institute of Food and Agriculture,
for alterations and other actions needed for the value or shall be equalized by a payment of Research and Education Activities’’ in the re-
Department and its agencies to consolidate money to the grantor which shall not exceed 25 port accompanying this Act: Provided, That
unneeded space into configurations suitable for percent of the total value of the land or interests funds for research grants for 1994 institutions,
release to the Administrator of General Services, transferred out of Federal ownership, education grants for 1890 institutions, Hispanic
and for the operation, maintenance, improve- $1,638,046,000, of which $70,000,000 is for activi- serving institutions education grants, capacity
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H3956 CONGRESSIONAL RECORD — HOUSE July 27, 2021
building for non-land-grant colleges of agri- ANIMAL AND PLANT HEALTH INSPECTION SERVICE leased buildings and improvements, but unless
culture, the agriculture and food research ini- SALARIES AND EXPENSES otherwise provided the cost of altering any one
tiative, veterinary medicine loan repayment, (INCLUDING TRANSFERS OF FUNDS) building during the fiscal year shall not exceed
multicultural scholars, graduate fellowship and 10 percent of the current replacement value of
For necessary expenses of the Animal and
institution challenge grants, grants management the building.
Plant Health Inspection Service, including up to
systems, tribal colleges education equity grants, In fiscal year 2022, the agency is authorized to
$30,000 for representation allowances and for ex-
and scholarships at 1890 institutions shall re- collect fees to cover the total costs of providing
penses pursuant to the Foreign Service Act of
main available until expended: Provided fur- technical assistance, goods, or services requested
1980 (22 U.S.C. 4085), $1,121,427,000, of which
ther, That each institution eligible to receive by States, other political subdivisions, domestic
$491,000, to remain available until expended,
funds under the Evans-Allen program receives and international organizations, foreign govern-
shall be available for the control of outbreaks of
no less than $1,000,000: Provided further, That ments, or individuals, provided that such fees
insects, plant diseases, animal diseases and for
funds for education grants for Alaska Native are structured such that any entity’s liability
control of pest animals and birds (‘‘contingency
and Native Hawaiian-serving institutions be for such fees is reasonably based on the tech-
fund’’) to the extent necessary to meet emer-
made available to individual eligible institutions nical assistance, goods, or services provided to
gency conditions; of which $16,830,000, to re-
or consortia of eligible institutions with funds the entity by the agency, and such fees shall be
main available until expended, shall be used for
awarded equally to each of the States of Alaska reimbursed to this account, to remain available
the cotton pests program, including for cost
and Hawaii: Provided further, That funds for until expended, without further appropriation,
share purposes or for debt retirement for active
providing grants for food and agricultural for providing such assistance, goods, or services.
eradication zones; of which $38,486,000, to re-
sciences for Alaska Native and Native Hawai-
main available until expended, shall be for Ani- BUILDINGS AND FACILITIES
ian-Serving institutions and for Insular Areas
mal Health Technical Services; of which For plans, construction, repair, preventive
shall remain available until September 30, 2023:
$3,040,000 shall be for activities under the au- maintenance, environmental support, improve-
Provided further, That funds for education
thority of the Horse Protection Act of 1970, as ment, extension, alteration, and purchase of
grants for 1890 institutions shall be made avail-
amended (15 U.S.C. 1831); of which $63,833,000, fixed equipment or facilities, as authorized by 7
able to institutions eligible to receive funds
to remain available until expended, shall be U.S.C. 2250, and acquisition of land as author-
under 7 U.S.C. 3221 and 3222: Provided further,
used to support avian health; of which ized by 7 U.S.C. 2268a, $3,175,000, to remain
That not more than 5 percent of the amounts
made available by this or any other Act to carry $4,251,000, to remain available until expended, available until expended.
out the Agriculture and Food Research Initia- shall be for information technology infrastruc- AGRICULTURAL MARKETING SERVICE
tive under 7 U.S.C. 3157 may be retained by the ture; of which $212,842,000, to remain available
until expended, shall be for specialty crop pests; MARKETING SERVICES
Secretary of Agriculture to pay administrative
of which, $14,137,000, to remain available until For necessary expenses of the Agricultural
costs incurred by the Secretary in carrying out
expended, shall be for field crop and rangeland Marketing Service, $223,157,000, of which
that authority: Provided further, That of
ecosystem pests; of which $24,282,000, to remain $7,000,000 shall be available for the purposes of
amounts available under this heading,
available until expended, shall be for zoonotic section 12306 of Public Law 113–79, and of which
$35,000,000 shall be for climate change research.
disease management; of which $38,880,000, to re- $25,000,000 shall be available until expended to
NATIVE AMERICAN INSTITUTIONS ENDOWMENT
main available until expended, shall be for carry out section 12513 of Public Law 115–334:
FUND
emergency preparedness and response; of which Provided, That this appropriation shall be
For the Native American Institutions Endow- $61,217,000, to remain available until expended, available pursuant to law (7 U.S.C. 2250) for the
ment Fund authorized by Public Law 103–382 (7 shall be for tree and wood pests; of which alteration and repair of buildings and improve-
U.S.C. 301 note), $11,880,000, to remain available $5,751,000, to remain available until expended, ments, but the cost of altering any one building
until expended. shall be for the National Veterinary Stockpile; during the fiscal year shall not exceed 10 per-
EXTENSION ACTIVITIES of which $5,000,000, to remain available until ex- cent of the current replacement value of the
For payments to States, the District of Colum- pended, shall be for invasive species control in building.
bia, Puerto Rico, Guam, the Virgin Islands, Mi- coordination with other Federal agencies and Fees may be collected for the cost of standard-
cronesia, the Northern Marianas, and American the Civilian Climate Corps; of which up to ization activities, as established by regulation
Samoa, $553,495,000, which shall be for the pur- $1,500,000, to remain available until expended, pursuant to law (31 U.S.C. 9701), except for the
poses, and in the amounts, specified in the table shall be for the scrapie program for indemnities; cost of activities relating to the development or
titled ‘‘National Institute of Food and Agri- of which $2,500,000, to remain available until ex- maintenance of grain standards under the
culture, Extension Activities’’ in the report ac- pended, shall be for the wildlife damage man- United States Grain Standards Act, 7 U.S.C. 71
companying this Act: Provided, That funds for agement program for aviation safety: Provided, et seq.
extension services at 1994 institutions and for That of amounts available under this heading LIMITATION ON ADMINISTRATIVE EXPENSES
facility improvements at 1890 institutions shall for wildlife services methods development,
remain available until expended: Provided fur- Not to exceed $61,786,000 (from fees collected)
$1,000,000 shall remain available until expended: shall be obligated during the current fiscal year
ther, That institutions eligible to receive funds Provided further, That of amounts available
under 7 U.S.C. 3221 for cooperative extension re- for administrative expenses: Provided, That if
under this heading for the screwworm program, crop size is understated and/or other uncontrol-
ceive no less than $1,000,000: Provided further, $4,990,000 shall remain available until expended;
That funds for cooperative extension under sec- lable events occur, the agency may exceed this
of which $21,307,000, to remain available until limitation by up to 10 percent with notification
tions 3(b) and (c) of the Smith-Lever Act (7 expended, shall be used to carry out the science
U.S.C. 343(b) and (c)) and section 208(c) of Pub- to the Committees on Appropriations of both
program and transition activities for the Na- Houses of Congress.
lic Law 93–471 shall be available for retirement tional Bio and Agro-defense Facility located in
and employees’ compensation costs for extension FUNDS FOR STRENGTHENING MARKETS, INCOME,
Manhattan, Kansas: Provided further, That no
agents. funds shall be used to formulate or administer a AND SUPPLY (SECTION 32)
INTEGRATED ACTIVITIES brucellosis eradication program for the current (INCLUDING TRANSFERS OF FUNDS)
For the integrated research, education, and fiscal year that does not require minimum Funds available under section 32 of the Act of
extension grants programs, including necessary matching by the States of at least 40 percent: August 24, 1935 (7 U.S.C. 612c), shall be used
administrative expenses, $40,000,000, which shall Provided further, That this appropriation shall only for commodity program expenses as author-
be for the purposes, and in the amounts, speci- be available for the purchase, replacement, op- ized therein, and other related operating ex-
fied in the table titled ‘‘National Institute of eration, and maintenance of aircraft: Provided penses, except for: (1) transfers to the Depart-
Food and Agriculture, Integrated Activities’’ in further, That in addition, in emergencies which ment of Commerce as authorized by the Fish
the report accompanying this Act: Provided, threaten any segment of the agricultural pro- and Wildlife Act of 1956 (16 U.S.C. 742a et seq.);
That funds for the Food and Agriculture De- duction industry of the United States, the Sec- (2) transfers otherwise provided in this Act; and
fense Initiative shall remain available until Sep- retary may transfer from other appropriations (3) not more than $20,817,000 for formulation
tember 30, 2023: Provided further, That notwith- or funds available to the agencies or corpora- and administration of marketing agreements
standing any other provision of law, indirect tions of the Department such sums as may be and orders pursuant to the Agricultural Mar-
costs shall not be charged against any Exten- deemed necessary, to be available only in such keting Agreement Act of 1937 and the Agricul-
sion Implementation Program Area grant emergencies for the arrest and eradication of tural Act of 1961 (Public Law 87–128).
awarded under the Crop Protection/Pest Man- contagious or infectious disease or pests of ani- PAYMENTS TO STATES AND POSSESSIONS
agement Program (7 U.S.C. 7626). mals, poultry, or plants, and for expenses in ac-
OFFICE OF THE UNDER SECRETARY FOR For payments to departments of agriculture,
cordance with sections 10411 and 10417 of the
MARKETING AND REGULATORY PROGRAMS bureaus and departments of markets, and simi-
Animal Health Protection Act (7 U.S.C. 8310 and
SSpencer on DSK126QN23PROD with HOUSE
lar agencies for marketing activities under sec-
For necessary expenses of the Office of the 8316) and sections 431 and 442 of the Plant Pro-
tion 204(b) of the Agricultural Marketing Act of
Under Secretary for Marketing and Regulatory tection Act (7 U.S.C. 7751 and 7772), and any
1946 (7 U.S.C. 1623(b)), $1,235,000.
Programs, $1,577,000: Provided, That funds unexpended balances of funds transferred for
made available by this Act to an agency in the such emergency purposes in the preceding fiscal LIMITATION ON INSPECTION AND WEIGHING
Marketing and Regulatory Programs mission year shall be merged with such transferred SERVICES EXPENSES
area for salaries and expenses are available to amounts: Provided further, That appropriations Not to exceed $55,000,000 (from fees collected)
fund up to one administrative support staff for hereunder shall be available pursuant to law (7 shall be obligated during the current fiscal year
the Office. U.S.C. 2250) for the repair and alteration of for inspection and weighing services: Provided,
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3957
That if grain export activities require additional tion of receipt from such Committees of, a plan et seq.) loans, emergency loans (7 U.S.C. 1961 et
supervision and oversight, or other uncontrol- for expenditure that (1) identifies for each seq.), Indian tribe land acquisition loans (25
lable factors occur, this limitation may be ex- project/investment over $25,000 (a) the func- U.S.C. 5136), boll weevil loans (7 U.S.C. 1989),
ceeded by up to 10 percent with notification to tional and performance capabilities to be deliv- guaranteed conservation loans (7 U.S.C. 1924 et
the Committees on Appropriations of both ered and the mission benefits to be realized, (b) seq.), relending program (7 U.S.C. 1936c), and
Houses of Congress. the estimated lifecycle cost for the entirety of Indian highly fractionated land loans (25 U.S.C.
OFFICE OF THE UNDER SECRETARY FOR FOOD the project/investment, including estimates for 5136) to be available from funds in the Agricul-
SAFETY development as well as maintenance and oper- tural Credit Insurance Fund, as follows:
For necessary expenses of the Office of the ations, and (c) key milestones to be met; (2) dem- $3,500,000,000 for guaranteed farm ownership
Under Secretary for Food Safety, $1,077,000: onstrates that each project/investment is, (a) loans and $2,800,000,000 for farm ownership di-
Provided, That funds made available by this Act consistent with the Farm Service Agency Infor- rect loans; $2,118,482,000 for unsubsidized guar-
to an agency in the Food Safety mission area mation Technology Roadmap, (b) being man- anteed operating loans and $1,633,333,000 for di-
for salaries and expenses are available to fund aged in accordance with applicable lifecycle rect operating loans; emergency loans,
up to one administrative support staff for the management policies and guidance, and (c) sub- $37,668,000; Indian tribe land acquisition loans,
Office. ject to the applicable Department’s capital plan- $20,000,000; guaranteed conservation loans,
ning and investment control requirements; and $150,000,000; relending program, $61,425,000; In-
FOOD SAFETY AND INSPECTION SERVICE (3) has been reviewed by the Government Ac- dian highly fractionated land loans, $5,000,000;
For necessary expenses to carry out services countability Office and approved by the Com- and for boll weevil eradication program loans,
authorized by the Federal Meat Inspection Act, mittees on Appropriations of both Houses of $60,000,000: Provided, That the Secretary shall
the Poultry Products Inspection Act, and the Congress: Provided further, That the agency deem the pink bollworm to be a boll weevil for
Egg Products Inspection Act, including not to shall submit a report by the end of the fourth the purpose of boll weevil eradication program
exceed $10,000 for representation allowances and quarter of fiscal year 2022 to the Committees on loans.
for expenses pursuant to section 8 of the Act ap- Appropriations and the Government Account- For the cost of direct and guaranteed loans
proved August 3, 1956 (7 U.S.C. 1766), ability Office, that identifies for each project/in- and grants, including the cost of modifying
$1,153,064,000; and in addition, $1,000,000 may be vestment that is operational (a) current perform- loans as defined in section 502 of the Congres-
credited to this account from fees collected for ance against key indicators of customer satisfac- sional Budget Act of 1974, as follows: $40,017,000
the cost of laboratory accreditation as author- tion, (b) current performance of service level for direct farm operating loans, $16,524,000 for
ized by section 1327 of the Food, Agriculture, agreements or other technical metrics, (c) cur- unsubsidized guaranteed farm operating loans,
Conservation and Trade Act of 1990 (7 U.S.C. rent performance against a pre-established cost $267,000 for emergency loans, $5,000,000 for the
138f): Provided, That funds provided for the baseline, (d) a detailed breakdown of current relending program, and $407,000 for Indian
Public Health Data Communication Infrastruc- and planned spending on operational enhance- highly fractionated land loans, to remain avail-
ture system shall remain available until ex- ments or upgrades, and (e) an assessment of able until expended.
pended: Provided further, That no fewer than whether the investment continues to meet busi- In addition, for administrative expenses nec-
148 full-time equivalent positions shall be em- ness needs as intended as well as alternatives to essary to carry out the direct and guaranteed
ployed during fiscal year 2022 for purposes dedi- the investment: Provided further, That the Sec- loan programs, $314,772,000: Provided, That of
cated solely to inspections and enforcement re- retary is authorized to use the services, facili- this amount, $294,114,000 shall be transferred to
lated to the Humane Methods of Slaughter Act ties, and authorities (but not the funds) of the and merged with the appropriation for ‘‘Farm
(7 U.S.C. 1901 et seq.): Provided further, That Commodity Credit Corporation to make program Service Agency, Salaries and Expenses’’.
the Food Safety and Inspection Service shall payments for all programs administered by the Funds appropriated by this Act to the Agri-
continue implementation of section 11016 of Agency: Provided further, That other funds cultural Credit Insurance Program Account for
Public Law 110–246 as further clarified by the made available to the Agency for authorized ac- farm ownership, operating and conservation di-
amendments made in section 12106 of Public tivities may be advanced to and merged with rect loans and guaranteed loans may be trans-
Law 113–79: Provided further, That this appro- this account: Provided further, That funds ferred among these programs: Provided, That
priation shall be available pursuant to law (7 made available to county committees shall re- the Committees on Appropriations of both
U.S.C. 2250) for the alteration and repair of main available until expended: Provided fur- Houses of Congress are notified at least 15 days
buildings and improvements, but the cost of al- ther, That none of the funds available to the in advance of any transfer.
tering any one building during the fiscal year Farm Service Agency shall be used to close Farm RISK MANAGEMENT AGENCY
shall not exceed 10 percent of the current re- Service Agency county offices: Provided further, SALARIES AND EXPENSES
placement value of the building. That none of the funds available to the Farm
TITLE II Service Agency shall be used to permanently re- For necessary expenses of the Risk Manage-
locate county based employees that would result ment Agency, $66,957,000: Provided, That
FARM PRODUCTION AND CONSERVATION $1,000,000 of the amount appropriated under
PROGRAMS in an office with two or fewer employees with-
out prior notification and approval of the Com- this heading in this Act shall be available for
OFFICE OF THE UNDER SECRETARY FOR FARM compliance and integrity activities required
PRODUCTION AND CONSERVATION mittees on Appropriations of both Houses of
Congress. under section 516(b)(2)(C) of the Federal Crop
For necessary expenses of the Office of the Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)),
STATE MEDIATION GRANTS and shall be in addition to amounts otherwise
Under Secretary for Farm Production and Con-
servation, $1,687,000: Provided, That funds made For grants pursuant to section 502(b) of the provided for such purpose: Provided further,
available by this Act to an agency in the Farm Agricultural Credit Act of 1987, as amended (7 That not to exceed $1,000 shall be available for
Production and Conservation mission area for U.S.C. 5101–5106), $6,914,000. official reception and representation expenses,
salaries and expenses are available to fund up GRASSROOTS SOURCE WATER PROTECTION as authorized by 7 U.S.C. 1506(i): Provided fur-
to one administrative support staff for the Of- PROGRAM ther, That $2,250,000 of the amount appro-
fice. For necessary expenses to carry out wellhead priated under this heading shall be available to
FARM PRODUCTION AND CONSERVATION BUSINESS or groundwater protection activities under sec- conduct research and development and carry
CENTER tion 1240O of the Food Security Act of 1985 (16 out contracting and partnerships as described
SALARIES AND EXPENSES U.S.C. 3839bb–2), $6,500,000, to remain available under subsections (c) and (d) of section 522 the
until expended. Federal Crop Insurance Act of 1938 (7 U.S.C
(INCLUDING TRANSFERS OF FUNDS)
1522(c) and (d)) in addition to amounts other-
For necessary expenses of the Farm Produc- DAIRY INDEMNITY PROGRAM
wise provided for such purposes: Provided fur-
tion and Conservation Business Center, (INCLUDING TRANSFER OF FUNDS) ther, That $2,000,000 of the amount appro-
$238,177,000: Provided, That $60,228,000 of For necessary expenses involved in making in- priated under this heading shall be available to
amounts appropriated for the current fiscal year demnity payments to dairy farmers and manu- research, review and ensure actuarial soundness
pursuant to section 1241(a) of the Farm Security facturers of dairy products under a dairy in- of new products addressing climate change.
and Rural Investment Act of 1985 (16 U.S.C. demnity program, such sums as may be nec- NATURAL RESOURCES CONSERVATION SERVICE
3841(a)) shall be transferred to and merged with essary, to remain available until expended: Pro-
CONSERVATION OPERATIONS
this account. vided, That such program is carried out by the
FARM SERVICE AGENCY Secretary in the same manner as the dairy in- For necessary expenses for carrying out the
demnity program described in the Agriculture, provisions of the Act of April 27, 1935 (16 U.S.C.
SALARIES AND EXPENSES
Rural Development, Food and Drug Administra- 590a–f), including preparation of conservation
(INCLUDING TRANSFERS OF FUNDS) plans and establishment of measures to conserve
tion, and Related Agencies Appropriations Act,
SSpencer on DSK126QN23PROD with HOUSE
For necessary expenses of the Farm Service 2001 (Public Law 106–387, 114 Stat. 1549A–12). soil and water (including farm irrigation and
Agency, $1,175,670,000: Provided, That not more land drainage and such special measures for soil
AGRICULTURAL CREDIT INSURANCE FUND
than 50 percent of the funding made available and water management as may be necessary to
PROGRAM ACCOUNT
under this heading for information technology prevent floods and the siltation of reservoirs and
related to farm program delivery may be obli- (INCLUDING TRANSFERS OF FUNDS) to control agricultural related pollutants); oper-
gated until the Secretary submits to the Commit- For gross obligations for the principal amount ation of conservation plant materials centers;
tees on Appropriations of both Houses of Con- of direct and guaranteed farm ownership (7 classification and mapping of soil; dissemination
gress, and receives written or electronic notifica- U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 of information; acquisition of lands, water, and
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H3958 CONGRESSIONAL RECORD — HOUSE July 27, 2021
interests therein for use in the plant materials such sums as may be necessary, to remain avail- $10,000,000 for credit sales of single family hous-
program by donation, exchange, or purchase at able until expended. ing acquired property; $5,000,000 for section 523
a nominal cost not to exceed $100 pursuant to COMMODITY CREDIT CORPORATION FUND self-help housing land development loans; and
the Act of August 3, 1956 (7 U.S.C. 2268a); pur- $5,000,000 for section 524 site development loans.
REIMBURSEMENT FOR NET REALIZED LOSSES
chase and erection or alteration or improvement For the cost of direct and guaranteed loans,
of permanent and temporary buildings; and op- (INCLUDING TRANSFERS OF FUNDS) including the cost of modifying loans, as defined
eration and maintenance of aircraft, For the current fiscal year, such sums as may in section 502 of the Congressional Budget Act
$894,743,000, to remain available until September be necessary to reimburse the Commodity Credit of 1974, as follows: section 502 loans, $27,900,000
30, 2023, of which not less than $15,000,000 is for Corporation for net realized losses sustained, shall be for direct loans; section 504 housing re-
climate change-related initiatives, including cli- but not previously reimbursed, pursuant to sec- pair loans, $484,000; section 523 self-help hous-
mate science and climate hubs: Provided, That tion 2 of the Act of August 17, 1961 (15 U.S.C. ing land development loans, $55,000; section 524
appropriations hereunder shall be available pur- 713a–11): Provided, That of the funds available site development loans, $206,000; and repair, re-
suant to 7 U.S.C. 2250 for construction and im- to the Commodity Credit Corporation under sec- habilitation, and new construction of section
provement of buildings and public improvements tion 11 of the Commodity Credit Corporation 515 rental housing, $3,576,000: Provided, That to
at plant materials centers, except that the cost Charter Act (15 U.S.C. 714i) for the conduct of support the loan program level for section 538
of alterations and improvements to other build- its business with the Foreign Agricultural Serv- guaranteed loans made available under this
ings and other public improvements shall not ex- ice, up to $5,000,000 may be transferred to and heading the Secretary may charge or adjust any
ceed $250,000: Provided further, That when used by the Foreign Agricultural Service for in- fees to cover the projected cost of such loan
buildings or other structures are erected on non- formation resource management activities of the guarantees pursuant to the provisions of the
Federal land, that the right to use such land is Foreign Agricultural Service that are not related Credit Reform Act of 1990 (2 U.S.C. 661 et seq.),
obtained as provided in 7 U.S.C. 2250a: Provided to Commodity Credit Corporation business. and the interest on such loans may not be sub-
further, That of the total amount available, sidized: Provided further, That applicants in
HAZARDOUS WASTE MANAGEMENT
$9,458,000 shall be available for necessary ex- communities that have a current rural area
(LIMITATION ON EXPENSES) waiver under section 541 of the Housing Act of
penses to carry out the Urban Agriculture and
Innovative Production Program under section For the current fiscal year, the Commodity 1949 (42 U.S.C. 1490q) shall be treated as living
222 of subtitle A of title II of the Department of Credit Corporation shall not expend more than in a rural area for purposes of section 502 guar-
Agriculture Reorganization Act of 1994 (7 U.S.C. $15,000,000 for site investigation and cleanup ex- anteed loans provided under this heading: Pro-
6923), as amended by section 12302 of Public penses, and operations and maintenance ex- vided further, That of the amounts available
Law 115–334: Provided further, That of the total penses to comply with the requirement of section under this paragraph for section 502 direct
amount available, $10,000,000 shall remain avail- 107(g) of the Comprehensive Environmental Re- loans, no less than $5,000,000 shall be available
able until expended for necessary expenses to sponse, Compensation, and Liability Act (42 for direct loans for individuals whose homes will
carry out the Healthy Forests Reserve Program U.S.C. 9607(g)), and section 6001 of the Solid be built pursuant to a program funded with a
under the Healthy Forests Restoration Act of Waste Disposal Act (42 U.S.C. 6961). mutual and self-help housing grant authorized
2003 (16 U.S.C 6571–6578). TITLE III by section 523 of the Housing Act of 1949 until
WATERSHED AND FLOOD PREVENTION OPERATIONS June 1, 2022: Provided further, That the Sec-
RURAL DEVELOPMENT PROGRAMS
For necessary expenses to carry out preventive retary shall implement provisions to provide in-
OFFICE OF THE UNDER SECRETARY FOR RURAL centives to nonprofit organizations and public
measures, including but not limited to surveys DEVELOPMENT
and investigations, engineering operations, housing authorities to facilitate the acquisition
works of improvement, and changes in use of For necessary expenses of the Office of the of Rural Housing Service (RHS) multifamily
land, in accordance with the Watershed Protec- Under Secretary for Rural Development, housing properties by such nonprofit organiza-
tion and Flood Prevention Act (16 U.S.C. 1001– $1,580,000: Provided, That funds made available tions and public housing authorities that com-
1005 and 1007–1009) and in accordance with the by this Act to an agency in the Rural Develop- mit to keep such properties in the RHS multi-
provisions of laws relating to the activities of ment mission area for salaries and expenses are family housing program for a period of time as
the Department, $160,000,000, to remain avail- available to fund up to one administrative sup- determined by the Secretary, with such incen-
able until expended: Provided, That for funds port staff for the Office. tives to include, but not be limited to, the fol-
provided by this Act or any other prior Act, the RURAL DEVELOPMENT lowing: allow such nonprofit entities and public
limitation regarding the size of the watershed or housing authorities to earn a Return on Invest-
SALARIES AND EXPENSES
subwatershed exceeding two hundred and fifty ment on their own resources to include proceeds
(INCLUDING TRANSFERS OF FUNDS) from low income housing tax credit syndication,
thousand acres in which such activities can be
undertaken shall only apply for activities un- For necessary expenses for carrying out the own contributions, grants, and developer loans
dertaken for the primary purpose of flood pre- administration and implementation of Rural De- at favorable rates and terms, invested in a deal;
vention (including structural and land treat- velopment programs, including activities with and allow reimbursement of organizational costs
ment measures): Provided further, That of the institutions concerning the development and op- associated with owner’s oversight of asset re-
amounts made available under this heading, eration of agricultural cooperatives; and for co- ferred to as ‘‘Asset Management Fee’’ of up to
$65,000,000 shall be allocated to projects and ac- operative agreements; $348,425,000: Provided, $7,500 per property.
tivities that can commence promptly following That of the amount made available under this In addition, for the cost of direct loans and
enactment; that address regional priorities for heading, $32,000,000 shall be for the StrikeForce grants, including the cost of modifying loans, as
flood prevention, agricultural water manage- activities of the Department of Agriculture, and defined in section 502 of the Congressional
ment, inefficient irrigation systems, fish and may be transferred to agencies of the Depart- Budget Act of 1974, $60,000,000 to remain avail-
wildlife habitat, or watershed protection; or that ment of Agriculture for such purpose, consistent able until expended, for a demonstration pro-
address authorized ongoing projects under the with the missions and authorities of such agen- gram for the preservation and revitalization of
authorities of section 13 of the Flood Control cies: Provided further, That notwithstanding the sections 514, 515, and 516 multi-family rental
Act of December 22, 1944 (Public Law 78–534) any other provision of law, funds appropriated housing properties to restructure existing USDA
with a primary purpose of watershed protection under this heading may be used for advertising multi-family housing loans, as the Secretary
by preventing floodwater damage and stabi- and promotional activities that support Rural deems appropriate, expressly for the purposes of
lizing stream channels, tributaries, and banks to Development programs: Provided further, That ensuring the project has sufficient resources to
reduce erosion and sediment transport. in addition to any other funds appropriated for preserve the project for the purpose of providing
WATERSHED REHABILITATION PROGRAM purposes authorized by section 502(i) of the safe and affordable housing for low-income resi-
Housing Act of 1949 (42 U.S.C. 1472(i)), any dents and farm laborers including reducing or
Under the authorities of section 14 of the Wa-
amounts collected under such section, as amend- eliminating interest; deferring loan payments,
tershed Protection and Flood Prevention Act,
ed by this Act, will immediately be credited to subordinating, reducing or re-amortizing loan
$10,000,000 is provided.
this account and will remain available until ex- debt; and other financial assistance including
CORPORATIONS pended for such purposes. advances, payments and incentives (including
The following corporations and agencies are the ability of owners to obtain reasonable re-
RURAL HOUSING SERVICE
hereby authorized to make expenditures, within turns on investment) required by the Secretary:
the limits of funds and borrowing authority RURAL HOUSING INSURANCE FUND PROGRAM
Provided, That the Secretary shall as part of the
available to each such corporation or agency ACCOUNT
preservation and revitalization agreement ob-
and in accord with law, and to make contracts (INCLUDING TRANSFERS OF FUNDS) tain a restrictive use agreement consistent with
and commitments without regard to fiscal year For gross obligations for the principal amount the terms of the restructuring: Provided further,
limitations as provided by section 104 of the of direct and guaranteed loans as authorized by That any balances, including obligated bal-
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Government Corporation Control Act as may be title V of the Housing Act of 1949, to be avail- ances, available for all demonstration programs
necessary in carrying out the programs set forth able from funds in the rural housing insurance for the preservation and revitalization of sec-
in the budget for the current fiscal year for such fund, as follows: $1,500,000,000 shall be for direct tions 514, 515, and 516 multi-family rental hous-
corporation or agency, except as hereinafter loans and $30,000,000,000 shall be for unsub- ing properties in the ‘‘Multi-Family Housing Re-
provided. sidized guaranteed loans; $28,000,000 for section vitalization Program Account’’ shall be trans-
FEDERAL CROP INSURANCE CORPORATION FUND 504 housing repair loans; $40,000,000 for section ferred to this account, and shall also be avail-
For payments as authorized by section 516 of 515 rental housing; $230,000,000 for section 538 able for the preservation and revitalization of
the Federal Crop Insurance Act (7 U.S.C. 1516), guaranteed multi-family housing loans; sections 514, 515, and 516 multi-family rental
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3959
housing properties, including the restructuring ization Program Account’’ shall be transferred RURAL BUSINESS—COOPERATIVE SERVICE
of existing USDA multi-family housing loans: to and merged with this account and shall be RURAL BUSINESS PROGRAM ACCOUNT
Provided further, That following the transfer of available for the rural housing voucher pro-
(INCLUDING TRANSFERS OF FUNDS)
balances described in the preceding proviso, any gram: Provided further, That if the Secretary
adjustments to obligations for demonstration determines that the amount made available for For the cost of loan guarantees and grants,
programs for the preservation and revitalization vouchers or rental assistance in this Act is not for the rural business development programs au-
of section 514, 515, and 516 multi-family rental needed for vouchers or rental assistance, the thorized by section 310B and described in sub-
housing properties that would otherwise be in- Secretary may use such funds for any of the sections (a), (c), (f) and (g) of section 310B of
curred in the ‘‘Multi-Family Housing Revital- programs described under this heading. the Consolidated Farm and Rural Development
ization Program Account’’ shall be made in this Act, $91,200,000, to remain available until ex-
MUTUAL AND SELF-HELP HOUSING GRANTS pended: Provided, That of the amount appro-
account from amounts transferred to this ac-
count under the preceding proviso. For grants and contracts pursuant to section priated under this heading, not to exceed
In addition, for the cost of direct loans, 523(b)(1)(A) of the Housing Act of 1949 (42 $500,000 shall be made available for one grant to
grants, and contracts, as authorized by sections U.S.C. 1490c), $32,000,000, to remain available a qualified national organization to provide
514 and 516 of the Housing Act of 1949 (42 U.S.C. until expended. technical assistance for rural transportation in
1484, 1486), $17,831,000, to remain available until RURAL HOUSING ASSISTANCE GRANTS order to promote economic development and
expended, for direct farm labor housing loans $9,000,000 shall be for grants to the Delta Re-
For grants for very low-income housing repair gional Authority (7 U.S.C. 2009aa et seq.), the
and domestic farm labor housing grants and and rural housing preservation made by the
contracts: Provided, That any balances avail- Northern Border Regional Commission (40
Rural Housing Service, as authorized by 42 U.S.C. 15101 et seq.), and the Appalachian Re-
able for the Farm Labor Program Account shall U.S.C. 1474, and 1490m, $65,000,000, to remain
be transferred to and merged with this account. gional Commission (40 U.S.C. 14101 et seq.) for
available until expended. any Rural Community Advancement Program
In addition, for administrative expenses nec-
essary to carry out the direct and guaranteed RURAL COMMUNITY FACILITIES PROGRAM purpose as described in section 381E(d) of the
loan programs, $412,254,000 shall be transferred ACCOUNT Consolidated Farm and Rural Development Act,
to and merged with the appropriation for (INCLUDING TRANSFERS OF FUNDS) of which not more than 5 percent may be used
‘‘Rural Development, Salaries and Expenses’’. for administrative expenses: Provided further,
For gross obligations for the principal amount
RENTAL ASSISTANCE PROGRAM
That $4,000,000 of the amount appropriated
of direct and guaranteed loans as authorized by
under this heading shall be for business grants
For rental assistance agreements entered into section 306 and described in section 381E(d)(1) of
to benefit Federally Recognized Native Amer-
or renewed pursuant to the authority under sec- the Consolidated Farm and Rural Development
ican Tribes, including $250,000 for a grant to a
tion 521(a)(2) of the Housing Act of 1949 or Act, $2,800,000,000 for direct loans and
qualified national organization to provide tech-
agreements entered into in lieu of debt forgive- $650,000,000 for guaranteed loans.
nical assistance for rural transportation in
ness or payments for eligible households as au- For the cost of direct loans, loan guarantees order to promote economic development: Pro-
thorized by section 502(c)(5)(D) of the Housing and grants, including the cost of modifying vided further, That of the amount appropriated
Act of 1949, and for the rural housing voucher loans, as defined in section 502 of the Congres- under this heading, $5,000,000 shall be for the
program as authorized under section 542 of the sional Budget Act of 1974, for rural community Rural Innovation Stronger Economy Grant Pro-
Housing Act of 1949, notwithstanding subsection facilities programs as authorized by section 306 gram (7 U.S.C. 2008w): Provided further, That
(b) of such section, $1,495,000,000, of which and described in section 381E(d)(1) of the Con- sections 381E–H and 381N of the Consolidated
$40,000,000 shall be available until September 30, solidated Farm and Rural Development Act, Farm and Rural Development Act are not appli-
2023; and in addition such sums as may be nec- $238,454,714, to remain available until expended, cable to funds made available under this head-
essary, as authorized by section 521(c) of the of which up to $112,036,714 shall be for the pur- ing.
Act, to liquidate debt incurred prior to fiscal poses, and in the amounts, specified for this ac-
year 1992 to carry out the rental assistance pro- count in the table titled ‘‘Community Project INTERMEDIARY RELENDING PROGRAM FUND
gram under section 521(a)(2) of the Act: Pro- Funding’’ in the report to accompany this Act, ACCOUNT
vided, That of the amounts made available in accordance with applicable statutory and (INCLUDING TRANSFER OF FUNDS)
under this heading, $1,450,000,000 shall be avail- regulatory requirements: Provided, That For the principal amount of direct loans, as
able for renewal of rental assistance agreements: $6,000,000 of the amount appropriated under authorized by the Intermediary Relending Pro-
Provided further, That rental assistance agree- this heading shall be available for a Rural Com- gram Fund Account (7 U.S.C. 1936b),
ments entered into or renewed during the cur- munity Development Initiative: Provided fur- $18,889,000.
rent fiscal year shall be funded for a one-year ther, That such funds shall be used solely to de- For the cost of direct loans, $1,524,000, as au-
period: Provided further, That notwithstanding velop the capacity and ability of private, non- thorized by the Intermediary Relending Program
any other provision of the Act, the Secretary profit community-based housing and community Fund Account (7 U.S.C. 1936b), of which
may recapture rental assistance provided under development organizations, low-income rural $167,000 shall be available through June 30,
agreements entered into prior to fiscal year 2022 communities, and Federally Recognized Native 2022, for Federally Recognized Native American
for a project that the Secretary determines no American Tribes to undertake projects to im- Tribes; and of which $305,000 shall be available
longer needs rental assistance and use such re- prove housing, community facilities, community through June 30, 2022, for Mississippi Delta Re-
captured funds for current needs: Provided fur- and economic development projects in rural gion counties (as determined in accordance with
ther, That notwithstanding any other provision areas: Provided further, That such funds shall Public Law 100–460): Provided, That such costs,
of the Act, the Secretary may recapture funds be made available to qualified private, nonprofit including the cost of modifying such loans, shall
provided for rental assistance under agreements and public intermediary organizations pro- be as defined in section 502 of the Congressional
entered into prior to fiscal year 2022 for a posing to carry out a program of financial and Budget Act of 1974.
project that the Secretary determines no longer technical assistance: Provided further, That In addition, for administrative expenses to
needs rental assistance: Provided further, That such intermediary organizations shall provide carry out the direct loan programs, $4,468,000
such recaptured funds shall remain available matching funds from other sources, including shall be transferred to and merged with the ap-
for obligation in fiscal year 2022 for the pur- Federal funds for related activities, in an propriation for ‘‘Rural Development, Salaries
poses specified under this heading: Provided amount not less than funds provided: Provided and Expenses’’.
further, That of the amounts made available further, That any unobligated balances from RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
under this heading, $45,000,000 shall be avail- prior year appropriations under this heading for ACCOUNT
able for rural housing vouchers to any low-in- the cost of direct loans, loan guarantees and
For the principal amount of direct loans, as
come household, including a household that grants, including amounts deobligated or can-
authorized under section 313B(a) of the Rural
does not receive rental assistance, residing in a celled, may be made available to cover the sub-
Electrification Act, for the purpose of promoting
property financed with a section 515 loan that sidy costs for direct loans and or loan guaran-
rural economic development and job creation
has been prepaid or otherwise paid off after tees under this heading in this fiscal year: Pro-
projects, $50,000,000.
September 30, 2005: Provided further, That the vided further, That no amounts may be made
The cost of grants authorized under section
amount of such vouchers shall be equal to the available pursuant to the preceding proviso from
313B(a) of the Rural Electrification Act, for the
difference between comparable market rent for amounts that were designated by the Congress
purpose of promoting rural economic develop-
the section 515 unit and the tenant paid rent for as an emergency requirement pursuant to a
ment and job creation projects shall not exceed
such unit: Provided further, That such vouchers Concurrent Resolution on the Budget or the
$10,000,000.
shall be subject to the availability of annual ap- Balanced Budget and Emergency Deficit Con-
propriations: Provided further, That the Sec- trol Act of 1985: Provided further, That RURAL COOPERATIVE DEVELOPMENT GRANTS
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retary shall, to the maximum extent practicable, $10,000,000 of the amount appropriated under For rural cooperative development grants au-
administer such vouchers with current regula- this heading shall be available for community thorized under section 310B(e) of the Consoli-
tions and administrative guidance applicable to facilities grants to tribal colleges, as authorized dated Farm and Rural Development Act (7
section 8 housing vouchers administered by the by section 306(a)(19) of such Act: Provided fur- U.S.C. 1932), $28,600,000, of which $2,800,000
Secretary of the Department of Housing and ther, That sections 381E–H and 381N of the Con- shall be for cooperative agreements for the ap-
Urban Development: Provided further, That any solidated Farm and Rural Development Act are propriate technology transfer for rural areas
balances available for the rural housing voucher not applicable to the funds made available program: Provided, That not to exceed $3,000,000
program in the ‘‘Multi-Family Housing Revital- under this heading. shall be for grants for cooperative development
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H3960 CONGRESSIONAL RECORD — HOUSE July 27, 2021
centers, individual cooperatives, or groups of co- Federally Recognized Native American Tribes cent may be used for administrative costs to
operatives that serve socially disadvantaged authorized by 306C(a)(1) of such Act: Provided carry out the program.
groups and a majority of the boards of directors further, That funding provided for section 306D For the cost of modifications, as defined in
or governing boards of which are comprised of of the Consolidated Farm and Rural Develop- section 502 of the Congressional Budget Act of
individuals who are members of socially dis- ment Act may be provided to a consortium 1974, for the direct rural telecommunication
advantaged groups; and of which $17,000,000, to formed pursuant to section 325 of Public Law loans, $25,000,000.
remain available until expended, shall be for 105–83: Provided further, That not more than 2 In addition, $14,000,000 to remain available
value-added agricultural product market devel- percent of the funding provided for section 306D until expended, to carry out section 6407 of the
opment grants, as authorized by section 210A of of the Consolidated Farm and Rural Develop- Farm Security and Rural Investment Act of 2002
the Agricultural Marketing Act of 1946, of ment Act may be used by the State of Alaska for (7 U.S.C. 8107a): Provided, That the energy effi-
which $3,000,000, to remain available until ex- training and technical assistance programs and ciency measures supported by the funding in
pended, shall be for Agriculture Innovation not more than 2 percent of the funding provided this paragraph shall contribute in a demon-
Centers authorized pursuant to section 6402 of for section 306D of the Consolidated Farm and strable way to the reduction of greenhouse
Public Law 107–171. Rural Development Act may be used by a con- gases.
In addition, for administrative expenses nec-
RURAL MICROENTREPRENEUR ASSISTANCE sortium formed pursuant to section 325 of Public
essary to carry out the direct and guaranteed
PROGRAM Law 105–83 for training and technical assistance
loan programs, $33,270,000, which shall be trans-
programs: Provided further, That not to exceed
For gross obligations for the principal amount ferred to and merged with the appropriation for
$40,000,000 of the amount appropriated under
of direct loans as authorized by section 379E of ‘‘Rural Development, Salaries and Expenses’’.
this heading shall be for technical assistance
the Consolidated Farm and Rural Development DISTANCE LEARNING, TELEMEDICINE, AND
grants for rural water and waste systems pursu-
Act (U.S.C. 2008s), $150,000,000. BROADBAND PROGRAM
For the cost of grants, $8,000,000 under the ant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme For the principal amount of broadband tele-
same terms and conditions as authorized by sec- communication loans, $11,869,000.
tion 379E of the Consolidated Farm and Rural need, of which $8,000,000 shall be made avail-
able for a grant to a qualified nonprofit multi- For grants for telemedicine and distance
Development Act (7 U.S.C. 2008s). learning services in rural areas, as authorized
State regional technical assistance organization,
RURAL ENERGY FOR AMERICA PROGRAM with experience in working with small commu- by 7 U.S.C. 950aaa et seq., $60,000,000, to remain
For the cost of a program of loan guarantees nities on water and waste water problems, the available until expended: Provided, That
and grants, under the same terms and condi- principal purpose of such grant shall be to assist $3,000,000 shall be made available for grants au-
tions as authorized by section 9007 of the Farm rural communities with populations of 3,300 or thorized by section 379G of the Consolidated
Security and Rural Investment Act of 2002 (7 less, in improving the planning, financing, de- Farm and Rural Development Act: Provided fur-
U.S.C. 8107), $30,420,000: Provided, That the cost velopment, operation, and management of water ther, That funding provided under this heading
of loan guarantees, including the cost of modi- and waste water systems, and of which not less for grants under section 379G of the Consoli-
fying such loans, shall be as defined in section than $800,000 shall be for a qualified national dated Farm and Rural Development Act may
502 of the Congressional Budget Act of 1974. only be provided to entities that meet all of the
Native American organization to provide tech-
eligibility criteria for a consortium as estab-
HEALTHY FOODS FINANCING INITIATIVE nical assistance for rural water systems for trib-
lished by this section.
For the cost of loans and grants that is con- al communities: Provided further, That not to For the cost of broadband loans, as author-
sistent with section 243 of subtitle D of title II exceed $20,157,000 of the amount appropriated ized by section 601 of the Rural Electrification
of the Department of Agriculture Reorganiza- under this heading shall be for contracting with Act, $1,772,000, to remain available until ex-
tion Act of 1994 (7 U.S.C. 6953), as added by sec- qualified national organizations for a circuit pended: Provided, That the cost of direct loans
tion 4206 of the Agricultural Act of 2014, for nec- rider program to provide technical assistance for shall be as defined in section 502 of the Congres-
essary expenses of the Secretary to support rural water systems: Provided further, That not sional Budget Act of 1974.
projects that provide access to healthy food in to exceed $4,000,000 of the amounts made avail- For the broadband loan and grant pilot pro-
underserved areas, to create and preserve qual- able under this heading shall be for solid waste gram established by section 779 of division A of
ity jobs, and to revitalize low-income commu- management grants: Provided further, That the Consolidated Appropriations Act, 2018 (Pub-
nities, $6,000,000, to remain available until ex- $10,000,000 of the amount appropriated under lic Law 115–141) under the Rural Electrification
pended: Provided, That such costs of loans, in- this heading shall be transferred to, and merged Act of 1936, as amended (7 U.S.C 901 et seq.),
cluding the cost of modifying such loans, shall with, the Rural Utilities Service, High Energy $786,604,792, to remain available until expended,
be as defined in section 502 of the Congressional Cost Grants Account to provide grants author- of which up to $36,604,792 shall be for the pur-
Budget Act of 1974. ized under section 19 of the Rural Electrification poses, and in the amounts, specified for this ac-
Act of 1936 (7 U.S.C. 918a): Provided further, count in the table titled ‘‘Community Project
RURAL UTILITIES SERVICE
That any prior year balances for high-energy Funding’’ in the report to accompany this Act,
RURAL WATER AND WASTE DISPOSAL PROGRAM cost grants authorized by section 19 of the Rural in accordance with applicable statutory and
ACCOUNT Electrification Act of 1936 (7 U.S.C. 918a) shall regulatory requirements: Provided, That the
(INCLUDING TRANSFERS OF FUNDS) be transferred to and merged with the Rural Secretary may award grants described in section
For gross obligations for the principal amount Utilities Service, High Energy Cost Grants Ac- 601(a) of the Rural Electrification Act of 1936, as
of direct and guaranteed loans as authorized by count: Provided further, That sections 381E–H amended (7 U.S.C. 950bb(a)) for the purposes of
section 306 and described in section 381E(d)(2) of and 381N of the Consolidated Farm and Rural carrying out such pilot program: Provided fur-
the Consolidated Farm and Rural Development Development Act are not applicable to the funds ther, That the cost of direct loans shall be de-
Act, as follows: $1,400,000,000 for direct loans; made available under this heading. fined in section 502 of the Congressional Budget
and $50,000,000 for guaranteed loans. RURAL ELECTRIFICATION AND Act of 1974: Provided further, That at least 90
For the cost of loan guarantees and grants, TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT percent of the households to be served by a
including the cost of modifying loans, as defined (INCLUDING TRANSFER OF FUNDS) project receiving a loan or grant under the pilot
in section 502 of the Congressional Budget Act The principal amount of direct and guaran- program shall be in a rural area without suffi-
of 1974, for rural water, waste water, waste dis- teed loans as authorized by sections 4, 305, 306, cient access to broadband: Provided further,
posal, and solid waste management programs and 317 of the Rural Electrification Act of 1936 That for purposes of such pilot program, a rural
authorized by sections 306, 306A, 306C, 306D, (7 U.S.C. 904, 935, 936, and 940g) shall be made area without sufficient access to broadband
306E, and 310B and described in sections as follows: loans made pursuant to sections shall be defined as ten megabytes per second
306C(a)(2), 306D, 306E, and 381E(d)(2) of the 4(c)(2), 305(d)(2), 306, and 317, notwithstanding downstream and one megabyte per second up-
Consolidated Farm and Rural Development Act, 317(c), of that Act, rural direct electric loans, stream, and such definition shall be reevaluated
$721,557,000, to remain available until expended, $5,500,000,000; guaranteed underwriting loans and redefined, as necessary, on an annual basis
of which not to exceed $1,000,000 shall be avail- pursuant to section 313A of that Act, by the Secretary of Agriculture: Provided fur-
able for the rural utilities program described in $750,000,000; 5 percent rural telecommunications ther, That an entity to which a loan or grant is
section 306(a)(2)(B) of such Act, and of which loans, cost of money rural telecommunications made under the pilot program shall not use the
not to exceed $5,000,000 shall be available for the loans, and for loans made pursuant to section loan or grant to overbuild or duplicate
rural utilities program described in section 306E 306 of that Act, rural telecommunications loans, broadband service in a service area by any enti-
of such Act: Provided, That not to exceed $690,000,000. ty that has received a broadband loan from the
$15,000,000 of the amount appropriated under For the cost of direct loans as authorized by Rural Utilities Service unless such service is not
this heading shall be for grants authorized by section 305(d)(2) of the Rural Electrification Act provided sufficient access to broadband at the
section 306A(i)(2) of the Consolidated Farm and of 1936 (7 U.S.C. 935(d)(2)), including the cost of minimum service threshold: Provided further,
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Rural Development Act in addition to funding modifying loans, as defined in section 502 of the That not more than four percent of the funds
authorized by section 306A(i)(1) of such Act: Congressional Budget Act of 1974, cost of money made available in this paragraph can be used
Provided further, That $93,000,000 of the rural telecommunications loans, $2,070,000. for administrative costs to carry out the pilot
amount appropriated under this heading shall For the cost of grants and loan modifications, program and up to three percent of funds made
be for loans and grants including water and as defined in section 502 of the Congressional available in this paragraph may be available for
waste disposal systems grants authorized by sec- Budget Act of 1974, including any associated technical assistance and pre-development plan-
tion 306C(a)(2)(B) and section 306D of the Con- penalties, for transitioning to pollution free ning activities to support the most rural commu-
solidated Farm and Rural Development Act, and electricity, $150,000,000, of which up to five per- nities: Provided further, That the Rural Utilities
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3961
Service is directed to expedite program delivery ized by section 17 of the Child Nutrition Act of Amendments Act of 2003 (Public Law 108–188);
methods that would implement this paragraph: 1966 (42 U.S.C. 1786), $6,000,000,000, to remain and the Farmers’ Market Nutrition Program, as
Provided further, That for purposes of this available through September 30, 2023: Provided, authorized by section 17(m) of the Child Nutri-
paragraph, the Secretary shall adhere to the no- That notwithstanding section 17(h)(10) of the tion Act of 1966, $448,070,000, to remain avail-
tice, reporting and service area assessment re- Child Nutrition Act of 1966 (42 U.S.C. able through September 30, 2023: Provided, That
quirements set forth in sections 6104(a)(2)(D) 1786(h)(10)), not less than $90,000,000 shall be none of these funds shall be available to reim-
and 6104(a)(2)(E) of the Agricultural Act of 2014 used for breastfeeding peer counselors and other burse the Commodity Credit Corporation for
(7 U.S.C 950bb(d)(5), (d)(8) and (d)(10)). related activities, $14,000,000 shall be used for commodities donated to the program: Provided
In addition, $35,000,000, to remain available infrastructure, and not less than $75,000,000, to further, That notwithstanding any other provi-
until expended, for the Community Connect remain available until expended, shall be avail- sion of law, effective with funds made available
Grant Program authorized by 7 U.S.C. 950bb–3. able for management information systems, in- in fiscal year 2022 to support the Seniors Farm-
TITLE IV cluding WIC electronic benefit transfer systems ers’ Market Nutrition Program, as authorized by
and activities: Provided further, That none of section 4402 of the Farm Security and Rural In-
DOMESTIC FOOD PROGRAMS the funds provided in this account shall be vestment Act of 2002, such funds shall remain
OFFICE OF THE UNDER SECRETARY FOR FOOD, available for the purchase of infant formula ex- available through September 30, 2023: Provided
NUTRITION, AND CONSUMER SERVICES cept in accordance with the cost containment further, That of the funds made available under
For necessary expenses of the Office of the and competitive bidding requirements specified section 27(a) of the Food and Nutrition Act of
Under Secretary for Food, Nutrition, and Con- in section 17 of such Act: Provided further, That 2008 (7 U.S.C. 2036(a)), the Secretary may use up
sumer Services, $1,327,000: Provided, That funds none of the funds provided shall be available for to 20 percent for costs associated with the dis-
made available by this Act to an agency in the activities that are not fully reimbursed by other tribution of commodities.
Food, Nutrition and Consumer Services mission Federal Government departments or agencies
NUTRITION PROGRAMS ADMINISTRATION
area for salaries and expenses are available to unless authorized by section 17 of such Act: Pro-
fund up to one administrative support staff for vided further, That upon termination of a feder- For necessary administrative expenses of the
the Office. ally mandated vendor moratorium and subject Food and Nutrition Service for carrying out any
to terms and conditions established by the Sec- domestic nutrition assistance program,
FOOD AND NUTRITION SERVICE $191,533,000: Provided, That of the funds pro-
retary, the Secretary may waive the requirement
CHILD NUTRITION PROGRAMS vided herein, $2,000,000 shall be used for the
at 7 CFR 246.12(g)(6) at the request of a State
(INCLUDING TRANSFERS OF FUNDS) agency. purposes of section 4404 of Public Law 107–171,
For necessary expenses to carry out the Rich- as amended by section 4401 of Public Law 110–
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
ard B. Russell National School Lunch Act (42 246.
For necessary expenses to carry out the Food
U.S.C. 1751 et seq.), except section 21, and the and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), TITLE V
Child Nutrition Act of 1966 (42 U.S.C. 1771 et $105,796,197,000, of which $3,000,000,000, to re- FOREIGN ASSISTANCE AND RELATED
seq.), except sections 17 and 21; $26,892,922,000 to main available through September 30, 2024, shall PROGRAMS
remain available through September 30, 2023, of be placed in reserve for use only in such OFFICE OF THE UNDER SECRETARY FOR TRADE
which such sums as are made available under amounts and at such times as may become nec- AND FOREIGN AGRICULTURAL AFFAIRS
section 14222(b)(1) of the Food, Conservation, essary to carry out program operations: Pro-
and Energy Act of 2008 (Public Law 110–246), as For necessary expenses of the Office of the
vided, That funds provided herein shall be ex- Under Secretary for Trade and Foreign Agricul-
amended by this Act, shall be merged with and pended in accordance with section 16 of the
available for the same time period and purposes tural Affairs, $908,000: Provided, That funds
Food and Nutrition Act of 2008: Provided fur- made available by this Act to any agency in the
as provided herein: Provided, That of the total ther, That of the funds made available under
amount available, $20,004,000 shall be available Trade and Foreign Agricultural Affairs mission
this heading, $998,000 may be used to provide area for salaries and expenses are available to
to carry out section 19 of the Child Nutrition nutrition education services to State agencies
Act of 1966 (42 U.S.C. 1788): Provided further, fund up to one administrative support staff for
and Federally Recognized Tribes participating the Office.
That of the total amount available, $15,607,000 in the Food Distribution Program on Indian
shall be available to carry out studies and eval- OFFICE OF CODEX ALIMENTARIUS
Reservations: Provided further, That of the
uations and shall remain available until ex- funds made available under this heading, For necessary expenses of the Office of Codex
pended: Provided further, That of the total $3,000,000, to remain available until September Alimentarius, $4,841,000, including not to exceed
amount available, $35,000,000 shall be available 30, 2023, shall be used to carry out section $40,000 for official reception and representation
to provide competitive grants to State agencies 4003(b) of Public Law 115–334 relating to dem- expenses.
for subgrants to local educational agencies and onstration projects for tribal organizations: Pro- FOREIGN AGRICULTURAL SERVICE
schools to purchase the equipment, with a value vided further, That this appropriation shall be SALARIES AND EXPENSES
of greater than $1,000, needed to serve healthier subject to any work registration or workfare re-
meals, improve food safety, and to help support (INCLUDING TRANSFERS OF FUNDS)
quirements as may be required by law: Provided
the establishment, maintenance, or expansion of further, That funds made available for Employ- For necessary expenses of the Foreign Agri-
the school breakfast program: Provided further, ment and Training under this heading shall re- cultural Service, including not to exceed $250,000
That of the total amount available, $45,000,000 main available through September 30, 2023: Pro- for representation allowances and for expenses
shall remain available until expended to carry vided further, That funds made available under pursuant to section 8 of the Act approved Au-
out section 749(g) of the Agriculture Appropria- this heading for section 28(d)(1), section 4(b), gust 3, 1956 (7 U.S.C. 1766), $228,644,000, of
tions Act of 2010 (Public Law 111–80): Provided and section 27(a) of the Food and Nutrition Act which no more than 6 percent shall remain
further, That of the total amount available, of 2008 shall remain available through Sep- available until September 30, 2023, for overseas
$12,000,000 shall remain available until ex- tember 30, 2023: Provided further, That none of operations to include the payment of locally em-
pended to carry out section 18(g) of the Richard the funds made available under this heading ployed staff: Provided, That the Service may
B. Russell National School Lunch Act (42 U.S.C. may be obligated or expended in contravention utilize advances of funds, or reimburse this ap-
1769(g)): Provided further, That notwith- of section 213A of the Immigration and Nation- propriation for expenditures made on behalf of
standing section 18(g)(3)(C) of the Richard B. ality Act (8 U.S.C. 1183A): Provided further, Federal agencies, public and private organiza-
Russell National School Lunch Act (42 U.S.C. That funds made available under this heading tions and institutions under agreements exe-
1769(g)(3)(c)), the total grant amount provided may be used to enter into contracts and employ cuted pursuant to the agricultural food produc-
to a farm to school grant recipient in fiscal year staff to conduct studies, evaluations, or to con- tion assistance programs (7 U.S.C. 1737) and the
2022 shall not exceed $500,000: Provided further, duct activities related to program integrity pro- foreign assistance programs of the United States
That section 26(d) of the Richard B. Russell Na- vided that such activities are authorized by the Agency for International Development: Provided
tional School Lunch Act (42 U.S.C. 1769g(d)) is Food and Nutrition Act of 2008. further, That funds made available for middle-
amended in the first sentence by striking ‘‘2010 For making, after June 30 of the current fiscal income country training programs, funds made
through 2022’’ and inserting ‘‘2010 through year, benefit payments to individuals, and pay- available for the Borlaug International Agricul-
2023’’: Provided further, That section 9(h)(3) of ments to States or other non-Federal entities, tural Science and Technology Fellowship pro-
the Richard B. Russell National School Lunch pursuant to the Food and Nutrition Act of 2008 gram, and up to $2,000,000 of the Foreign Agri-
Act (42 U.S.C. 1758(h)(3)) is amended in the first (7 U.S.C. 2011 et seq.), for unanticipated costs cultural Service appropriation solely for the
sentence by striking ‘‘For fiscal year 2021’’ and incurred for the last three months of the fiscal purpose of offsetting fluctuations in inter-
inserting ‘‘For fiscal year 2022’’: Provided fur- year, such sums as may be necessary. national currency exchange rates, subject to
ther, That section 9(h)(4) of the Richard B. Rus- COMMODITY ASSISTANCE PROGRAM documentation by the Foreign Agricultural
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sell National School Lunch Act (42 U.S.C. Service, shall remain available until expended.
For necessary expenses to carry out disaster
1758(h)(4)) is amended in the first sentence by FOOD FOR PEACE TITLE II GRANTS
assistance and the Commodity Supplemental
striking ‘‘For fiscal year 2021’’ and inserting
Food Program as authorized by section 4(a) of For expenses during the current fiscal year,
‘‘For fiscal year 2022’’.
the Agriculture and Consumer Protection Act of not otherwise recoverable, and unrecovered
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 1973 (7 U.S.C. 612c note); the Emergency Food prior years’ costs, including interest thereon,
WOMEN, INFANTS, AND CHILDREN (WIC) Assistance Act of 1983; special assistance for the under the Food for Peace Act (Public Law 83–
For necessary expenses to carry out the spe- nuclear affected islands, as authorized by sec- 480), for commodities supplied in connection
cial supplemental nutrition program as author- tion 103(f)(2) of the Compact of Free Association with dispositions abroad under title II of said
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H3962 CONGRESSIONAL RECORD — HOUSE July 27, 2021
Act, $1,740,000,000, to remain available until ex- vided further, That in addition to and notwith- In addition, mammography user fees author-
pended. standing any other provision under this head- ized by 42 U.S.C. 263b, export certification user
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDU- ing, amounts collected for prescription drug user fees authorized by 21 U.S.C. 381, priority review
CATION AND CHILD NUTRITION PROGRAM fees, medical device user fees, human generic user fees authorized by 21 U.S.C. 360n and 360ff,
GRANTS drug user fees, biosimilar biological product user food and feed recall fees, food reinspection fees,
For necessary expenses to carry out the provi- fees, animal drug user fees, and generic new and voluntary qualified importer program fees
animal drug user fees that exceed the respective authorized by 21 U.S.C. 379j–31, outsourcing fa-
sions of section 3107 of the Farm Security and
fiscal year 2022 limitations are appropriated and cility fees authorized by 21 U.S.C. 379j–62, pre-
Rural Investment Act of 2002 (7 U.S.C. 1736o–1),
shall be credited to this account and remain scription drug wholesale distributor licensing
$245,000,000, to remain available until expended:
available until expended: Provided further, and inspection fees authorized by 21 U.S.C.
Provided, That the Commodity Credit Corpora-
That fees derived from prescription drug, med- 353(e)(3), third-party logistics provider licensing
tion is authorized to provide the services, facili-
ical device, human generic drug, biosimilar bio- and inspection fees authorized by 21 U.S.C.
ties, and authorities for the purpose of imple-
logical product, animal drug, and generic new 360eee–3(c)(1), third-party auditor fees author-
menting such section, subject to reimbursement
animal drug assessments for fiscal year 2022, in- ized by 21 U.S.C. 384d(c)(8), medical counter-
from amounts provided herein: Provided further,
cluding any such fees collected prior to fiscal measure priority review voucher user fees au-
That of the amount made available under this
year 2022 but credited for fiscal year 2022, shall thorized by 21 U.S.C. 360bbb–4a, and fees relat-
heading, not more than 10 percent, but not less be subject to the fiscal year 2022 limitations:
than $23,500,000, shall remain available until ex- ing to over-the-counter monograph drugs au-
Provided further, That the Secretary may accept thorized by 21 U.S.C. 379j–72 shall be credited to
pended to purchase agricultural commodities as payment during fiscal year 2022 of user fees
described in subsection 3107(a)(2) of the Farm this account, to remain available until ex-
specified under this heading and authorized for pended.
Security and Rural Investment Act of 2002 (7 fiscal year 2023, prior to the due date for such
U.S.C. 1736o–1(a)(2)). BUILDINGS AND FACILITIES
fees, and that amounts of such fees assessed for
COMMODITY CREDIT CORPORATION EXPORT fiscal year 2023 for which the Secretary accepts For plans, construction, repair, improvement,
(LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT payment in fiscal year 2022 shall not be included extension, alteration, demolition, and purchase
(INCLUDING TRANSFERS OF FUNDS) in amounts under this heading: Provided fur- of fixed equipment or facilities of or used by the
For administrative expenses to carry out the ther, That none of these funds shall be used to Food and Drug Administration, where not oth-
Commodity Credit Corporation’s Export Guar- develop, establish, or operate any program of erwise provided, $21,788,000, to remain available
antee Program, GSM 102 and GSM 103, user fees authorized by 31 U.S.C. 9701: Provided until expended.
$6,063,000, to cover common overhead expenses further, That of the total amount appropriated: FDA INNOVATION ACCOUNT, CURES ACT
as permitted by section 11 of the Commodity (1) $1,162,609,000 shall be for the Center for Food (INCLUDING TRANSFER OF FUNDS)
Credit Corporation Charter Act and in con- Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of For necessary expenses to carry out the pur-
formity with the Federal Credit Reform Act of poses described under section 1002(b)(4) of the
1990, which shall be transferred to and merged which no less than $15,000,000 shall be used for
inspections of foreign seafood manufacturers 21st Century Cures Act, in addition to amounts
with the appropriation for ‘‘Foreign Agricul- available for such purposes under the heading
tural Service, Salaries and Expenses’’. and field examinations of imported seafood; (2)
$2,103,091,000 shall be for the Center for Drug ‘‘Salaries and Expenses’’, $50,000,000, to remain
TITLE VI Evaluation and Research and related field ac- available until expended: Provided, That
RELATED AGENCY AND FOOD AND DRUG tivities in the Office of Regulatory Affairs, of amounts appropriated in this paragraph are ap-
ADMINISTRATION which no less than $8,500,000 shall be for pilots propriated pursuant to section 1002(b)(3) of the
DEPARTMENT OF HEALTH AND HUMAN SERVICES to increase unannounced foreign inspections; (3) 21st Century Cures Act, are to be derived from
FOOD AND DRUG ADMINISTRATION $453,902,000 shall be for the Center for Biologics amounts transferred under section 1002(b)(2)(A)
Evaluation and Research and for related field of such Act, and may be transferred by the Com-
SALARIES AND EXPENSES
activities in the Office of Regulatory Affairs; (4) missioner of Food and Drugs to the appropria-
(INCLUDING TRANSFERS OF FUNDS) tion for ‘‘Department of Health and Human
$274,463,000 shall be for the Center for Veteri-
For necessary expenses of the Food and Drug nary Medicine and for related field activities in Services Food and Drug Administration Salaries
Administration, including hire and purchase of the Office of Regulatory Affairs; (5) $651,976,000 and Expenses’’ solely for the purposes provided
passenger motor vehicles; for payment of space shall be for the Center for Devices and Radio- in such Act: Provided further, That upon a de-
rental and related costs pursuant to Public Law logical Health and for related field activities in termination by the Commissioner that funds
92–313 for programs and activities of the Food the Office of Regulatory Affairs; (6) $74,304,000 transferred pursuant to the previous proviso are
and Drug Administration which are included in shall be for the National Center for Toxi- not necessary for the purposes provided, such
this Act; for rental of special purpose space in cological Research; (7) $680,812,000 shall be for amounts may be transferred back to the ac-
the District of Columbia or elsewhere; in addi- the Center for Tobacco Products and for related count: Provided further, That such transfer au-
tion to amounts appropriated to the FDA Inno- field activities in the Office of Regulatory Af- thority is in addition to any other transfer au-
vation Account, for carrying out the activities fairs; (8) $200,402,000 shall be for Rent and Re- thority provided by law.
described in section 1002(b)(4) of the 21st Cen- lated activities, of which $54,642,000 is for White INDEPENDENT AGENCY
tury Cures Act (Public Law 114–255); for mis- Oak Consolidation, other than the amounts COMMODITY FUTURES TRADING COMMISSION
cellaneous and emergency expenses of enforce- paid to the General Services Administration for
ment activities, authorized and approved by the rent; (9) $235,348,000 shall be for payments to the (INCLUDING TRANSFER OF FUNDS)
Secretary and to be accounted for solely on the General Services Administration for rent; and For necessary expenses to carry out the provi-
Secretary’s certificate, not to exceed $25,000; and (10) $336,191,000 shall be for other activities, in- sions of the Commodity Exchange Act (7 U.S.C.
notwithstanding section 521 of Public Law 107– cluding the Office of the Commissioner of Food 1 et seq.), including the purchase and hire of
188; $6,173,098,000: Provided, That of the amount and Drugs, the Office of Food Policy and Re- passenger motor vehicles, and the rental of
provided under this heading, $1,141,861,000 shall sponse, the Office of Operations, the Office of space (to include multiple year leases), in the
be derived from prescription drug user fees au- the Chief Scientist, and central services for District of Columbia and elsewhere, $332,000,000,
thorized by 21 U.S.C. 379h, and shall be credited these offices: Provided further, That not to ex- including not to exceed $3,000 for official recep-
to this account and remain available until ex- ceed $25,000 of this amount shall be for official tion and representation expenses, and not to ex-
pended; $241,431,000 shall be derived from med- reception and representation expenses, not oth- ceed $25,000 for the expenses for consultations
ical device user fees authorized by 21 U.S.C. erwise provided for, as determined by the Com- and meetings hosted by the Commission with
379j, and shall be credited to this account and missioner: Provided further, That any transfer foreign governmental and other regulatory offi-
remain available until expended; $527,848,000 of funds pursuant to section 770(n) of the Fed- cials, of which not less than $20,000,000 shall re-
shall be derived from human generic drug user eral Food, Drug, and Cosmetic Act (21 U.S.C. main available until September 30, 2023, and of
fees authorized by 21 U.S.C. 379j–42, and shall 379dd(n)) shall only be from amounts made which not less than $4,017,000 shall be for ex-
be credited to this account and remain available available under this heading for other activities: penses of the Office of the Inspector General:
until expended; $43,116,000 shall be derived from Provided further, That of the amounts that are Provided, That notwithstanding the limitations
biosimilar biological product user fees author- made available under this heading for ‘‘other in 31 U.S.C. 1553, amounts provided under this
ized by 21 U.S.C. 379j–52, and shall be credited activities’’, and that are not derived from user heading are available for the liquidation of obli-
to this account and remain available until ex- fees, $1,500,000 shall be transferred to and gations equal to current year payments on
pended; $33,836,000 shall be derived from animal merged with the appropriation for ‘‘Department leases entered into prior to the date of enact-
drug user fees authorized by 21 U.S.C. 379j–12, of Health and Human Services—Office of In- ment of this Act: Provided further, That for the
and shall be credited to this account and remain spector General’’ for oversight of the programs purpose of recording and liquidating any lease
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available until expended; $23,137,000 shall be de- and operations of the Food and Drug Adminis- obligations that should have been recorded and
rived from generic new animal drug user fees tration and shall be in addition to funds other- liquidated against accounts closed pursuant to
authorized by 21 U.S.C. 379j–21, and shall be wise made available for oversight of the Food 31 U.S.C. 1552, and consistent with the pre-
credited to this account and remain available and Drug Administration: Provided further, ceding proviso, such amounts shall be trans-
until expended; $712,000,000 shall be derived That funds may be transferred from one speci- ferred to and recorded in a no-year account in
from tobacco product user fees authorized by 21 fied activity to another with the prior approval the Treasury, which has been established for
U.S.C. 387s, and shall be credited to this ac- of the Committees on Appropriations of both the sole purpose of recording adjustments for
count and remain available until expended: Pro- Houses of Congress. and liquidating such unpaid obligations.
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3963
In addition, for move, replication, and related sonnel, or functions of the offices of the Chief by the Office of the Chief Information Officer,
costs associated with replacement leases for the Financial Officer and the Chief Information Of- without the approval of the Chief Information
Commission’s facilities, not to exceed $31,000,000, ficer, co-located with or from the National Fi- Officer and the concurrence of the Executive In-
to remain available until expended. nance Center prior to written notification to formation Technology Investment Review
FARM CREDIT ADMINISTRATION and prior approval of the Committee on Appro- Board: Provided, That notwithstanding any
LIMITATION ON ADMINISTRATIVE EXPENSES
priations of both Houses of Congress and in ac- other provision of law, none of the funds appro-
cordance with the requirements of section 716 of priated or otherwise made available by this Act
Not to exceed $84,200,000 (from assessments this Act: Provided further, That the National may be transferred to the Office of the Chief In-
collected from farm credit institutions, including Finance Center Information Technology Serv- formation Officer without written notification
the Federal Agricultural Mortgage Corporation) ices Division personnel and data center manage- to and the prior approval of the Committees on
shall be obligated during the current fiscal year ment responsibilities, and control of any func- Appropriations of both Houses of Congress: Pro-
for administrative expenses as authorized under tions, missions, and systems for current and fu- vided further, That, notwithstanding section
12 U.S.C. 2249: Provided, That this limitation ture human resources management and inte- 11319 of title 40, United States Code, none of the
shall not apply to expenses associated with re- grated personnel and payroll systems (PPS) and funds available to the Department of Agri-
ceiverships: Provided further, That the agency functions provided by the Chief Financial Offi- culture for information technology shall be obli-
may exceed this limitation by up to 10 percent cer and the Chief Information Officer shall re- gated for projects, contracts, or other agree-
with notification to the Committees on Appro- main in the National Finance Center and under ments over $25,000 prior to receipt of written ap-
priations of both Houses of Congress: Provided the management responsibility and administra- proval by the Chief Information Officer: Pro-
further, That the purposes of section tive control of the National Finance Center: vided further, That the Chief Information Offi-
3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 Provided further, That the Secretary of Agri- cer may authorize an agency to obligate funds
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Admin- culture and the offices of the Chief Financial without written approval from the Chief Infor-
istration may exempt, an amount in its sole dis- Officer shall actively market to existing and mation Officer for projects, contracts, or other
cretion, from the application of the limitation new Departments and other government agen- agreements up to $250,000 based upon the per-
provided in that clause of export loans described cies National Finance Center shared services in- formance of an agency measured against the
in the clause guaranteed or insured in a manner cluding, but not limited to, payroll, financial performance plan requirements described in the
other than described in subclause (II) of the management, and human capital shared services explanatory statement accompanying Public
clause. and allow the National Finance Center to per- Law 113–235.
TITLE VII form technology upgrades: Provided further, SEC. 707. Funds made available under section
GENERAL PROVISIONS That of annual income amounts in the Working 524(b) of the Federal Crop Insurance Act (7
Capital Fund of the Department of Agriculture U.S.C. 1524(b)) in the current fiscal year shall
(INCLUDING RESCISSIONS AND TRANSFERS OF
attributable to the amounts in excess of the true remain available until expended to disburse obli-
FUNDS)
costs of the shared services provided by the Na- gations made in the current fiscal year.
SEC. 701. The Secretary may use any appro- tional Finance Center and budgeted for the Na- SEC. 708. Notwithstanding any other provision
priations made available to the Department of tional Finance Center, the Secretary shall re- of law, any former Rural Utilities Service bor-
Agriculture in this Act to purchase new pas- serve not more than 4 percent for the replace- rower that has repaid or prepaid an insured, di-
senger motor vehicles, in addition to specific ap- ment or acquisition of capital equipment, in- rect or guaranteed loan under the Rural Elec-
propriations for this purpose, so long as the cluding equipment for the improvement, deliv- trification Act of 1936, or any not-for-profit util-
total number of vehicles purchased in fiscal year ery, and implementation of financial, adminis- ity that is eligible to receive an insured or direct
2022 does not exceed the number of vehicles trative, and information technology services, loan under such Act, shall be eligible for assist-
owned or leased in fiscal year 2018: Provided, and other systems of the National Finance Cen- ance under section 313B(a) of such Act in the
That, prior to purchasing additional motor vehi- ter or to pay any unforeseen, extraordinary cost same manner as a borrower under such Act.
cles, the Secretary must determine that such ve- of the National Finance Center: Provided fur- SEC. 709. (a) Except as otherwise specifically
hicles are necessary for transportation safety, to ther, That none of the amounts reserved shall be provided by law, not more than $20,000,000 in
reduce operational costs, and for the protection available for obligation unless the Secretary unobligated balances from appropriations made
of life, property, and public safety: Provided submits written notification of the obligation to available for salaries and expenses in this Act
further, That the Secretary may not increase the Committees on Appropriations of both for the Farm Service Agency shall remain avail-
the Department of Agriculture’s fleet above the Houses of Congress: Provided further, That the able through September 30, 2023, for information
2018 level unless the Secretary notifies in writ- limitations on the obligation of funds pending technology expenses.
ing, and receives approval from, the Committees notification to Congressional Committees shall (b) Except as otherwise specifically provided
on Appropriations of both Houses of Congress not apply to any obligation that, as determined by law, not more than $20,000,000 in unobligated
within 30 days of the notification. by the Secretary, is necessary to respond to a balances from appropriations made available for
SEC. 702. Notwithstanding any other provision declared state of emergency that significantly salaries and expenses in this Act for the Rural
of this Act, the Secretary of Agriculture may impacts the operations of the National Finance Development mission area shall remain avail-
transfer unobligated balances of discretionary Center; or to evacuate employees of the National able through September 30, 2023, for information
funds appropriated by this Act or any other Finance Center to a safe haven to continue op- technology expenses.
available unobligated discretionary balances erations of the National Finance Center. SEC. 710. None of the funds appropriated or
that are remaining available of the Department SEC. 703. No part of any appropriation con- otherwise made available by this Act may be
of Agriculture to the Working Capital Fund for tained in this Act shall remain available for ob- used for first-class travel by the employees of
the acquisition of plant and capital equipment ligation beyond the current fiscal year unless agencies funded by this Act in contravention of
necessary for the delivery of financial, adminis- expressly so provided herein. sections 301–10.122 through 301–10.124 of title 41,
trative, and information technology services of SEC. 704. No funds appropriated by this Act Code of Federal Regulations.
primary benefit to the agencies of the Depart- may be used to pay negotiated indirect cost SEC. 711. In the case of each program estab-
ment of Agriculture, such transferred funds to rates on cooperative agreements or similar ar- lished or amended by the Agricultural Act of
remain available until expended: Provided, That rangements between the United States Depart- 2014 (Public Law 113–79) or by a successor to
none of the funds made available by this Act or ment of Agriculture and nonprofit institutions that Act, other than by title I or subtitle A of
any other Act shall be transferred to the Work- in excess of 10 percent of the total direct cost of title III of such Act, or programs for which in-
ing Capital Fund without the prior approval of the agreement when the purpose of such cooper- definite amounts were provided in that Act, that
the agency administrator: Provided further, ative arrangements is to carry out programs of is authorized or required to be carried out using
That none of the funds transferred to the Work- mutual interest between the two parties. This funds of the Commodity Credit Corporation—
ing Capital Fund pursuant to this section shall does not preclude appropriate payment of indi- (1) such funds shall be available for salaries
be available for obligation without written noti- rect costs on grants and contracts with such in- and related administrative expenses, including
fication to and the prior approval of the Com- stitutions when such indirect costs are computed technical assistance, associated with the imple-
mittees on Appropriations of both Houses of on a similar basis for all agencies for which ap- mentation of the program, without regard to the
Congress: Provided further, That none of the propriations are provided in this Act. limitation on the total amount of allotments and
funds appropriated by this Act or made avail- SEC. 705. Appropriations to the Department of fund transfers contained in section 11 of the
able to the Department’s Working Capital Fund Agriculture for the cost of direct and guaran- Commodity Credit Corporation Charter Act (15
shall be available for obligation or expenditure teed loans made available in the current fiscal U.S.C. 714i); and
to make any changes to the Department’s Na- year shall remain available until expended to (2) the use of such funds for such purpose
tional Finance Center without written notifica- disburse obligations made in the current fiscal shall not be considered to be a fund transfer or
tion to and prior approval of the Committees on year for the following accounts: the Rural De- allotment for purposes of applying the limitation
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Appropriations of both Houses of Congress as velopment Loan Fund program account, the on the total amount of allotments and fund
required by section 716 of this Act: Provided fur- Rural Electrification and Telecommunication transfers contained in such section.
ther, That none of the funds appropriated by Loans program account, and the Rural Housing SEC. 712. Of the funds made available by this
this Act or made available to the Department’s Insurance Fund program account. Act, not more than $2,900,000 shall be used to
Working Capital Fund shall be available for ob- SEC. 706. None of the funds made available to cover necessary expenses of activities related to
ligation or expenditure to initiate, plan, de- the Department of Agriculture by this Act may all advisory committees, panels, commissions,
velop, implement, or make any changes to re- be used to acquire new information technology and task forces of the Department of Agri-
move or relocate any systems, missions, per- systems or significant upgrades, as determined culture, except for panels used to comply with
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H3964 CONGRESSIONAL RECORD — HOUSE July 27, 2021
negotiated rule makings and panels used to (4) relocates an office or employees; SEC. 717. Notwithstanding section 310B(g)(5)
evaluate competitively awarded grants. (5) reorganizes offices, programs, or activities; of the Consolidated Farm and Rural Develop-
SEC. 713. (a) None of the funds made available or ment Act (7 U.S.C. 1932(g)(5)), the Secretary
in this Act may be used to maintain or establish (6) contracts out or privatizes any functions may assess a one-time fee for any guaranteed
a computer network unless such network blocks or activities presently performed by Federal em- business and industry loan in an amount that
the viewing, downloading, and exchanging of ployees; does not exceed 3 percent of the guaranteed
pornography. unless the Secretary of Agriculture, the Sec- principal portion of the loan.
(b) Nothing in subsection (a) shall limit the retary of Health and Human Services, or the SEC. 718. None of the funds appropriated or
use of funds necessary for any Federal, State, Chairman of the Commodity Futures Trading otherwise made available to the Department of
tribal, or local law enforcement agency or any Commission (as the case may be) notifies in Agriculture, the Food and Drug Administration,
other entity carrying out criminal investiga- writing and receives approval from the Commit- the Commodity Futures Trading Commission, or
tions, prosecution, or adjudication activities. tees on Appropriations of both Houses of Con- the Farm Credit Administration shall be used to
SEC. 714. Notwithstanding subsection (b) of gress at least 30 days in advance of the re- transmit or otherwise make available reports,
section 14222 of Public Law 110–246 (7 U.S.C. programming of such funds or the use of such questions, or responses to questions that are a
612c–6; in this section referred to as ‘‘section authority. result of information requested for the appro-
14222’’), none of the funds appropriated or oth- (b) None of the funds provided by this Act, or priations hearing process to any non-Depart-
erwise made available by this or any other Act provided by previous Appropriations Acts to the
ment of Agriculture, non-Department of Health
shall be used to pay the salaries and expenses of agencies funded by this Act that remain avail-
and Human Services, non-Commodity Futures
personnel to carry out a program under section able for obligation or expenditure in the current
Trading Commission, or non-Farm Credit Ad-
32 of the Act of August 24, 1935 (7 U.S.C. 612c; fiscal year, or provided from any accounts in
ministration employee.
in this section referred to as ‘‘section 32’’) in ex- the Treasury derived by the collection of fees SEC. 719. Unless otherwise authorized by exist-
cess of $1,391,211,000 (exclusive of carryover ap- available to the agencies funded by this Act, ing law, none of the funds provided in this Act,
propriations from prior fiscal years), as follows: shall be available for obligation or expenditure may be used by an executive branch agency to
Child Nutrition Programs Entitlement Commod- for activities, programs, or projects through a produce any prepackaged news story intended
ities—$485,000,000; State Option Contracts— reprogramming or use of the authorities referred
for broadcast or distribution in the United
$5,000,000; Removal of Defective Commodities— to in subsection (a) involving funds in excess of
States unless the story includes a clear notifica-
$2,500,000; Administration of Section 32 Com- $500,000 or 10 percent, whichever is less, that—
tion within the text or audio of the prepackaged
(1) augments existing programs, projects, or
modity Purchases—$36,810,000: Provided, That news story that the prepackaged news story was
activities;
of the total funds made available in the matter prepared or funded by that executive branch
(2) reduces by 10 percent funding for any ex-
preceding this proviso that remain unobligated agency.
isting program, project, or activity, or numbers
on October 1, 2022, such unobligated balances SEC. 720. No employee of the Department of
of personnel by 10 percent as approved by Con-
shall carryover into fiscal year 2023 and shall Agriculture may be detailed or assigned from an
gress; or
remain available until expended for any of the (3) results from any general savings from a re- agency or office funded by this Act or any other
purposes of section 32, except that any such car- duction in personnel which would result in a Act to any other agency or office of the Depart-
ryover funds used in accordance with clause (3) change in existing programs, activities, or ment for more than 60 days in a fiscal year un-
of section 32 may not exceed $350,000,000 and projects as approved by Congress; less the individual’s employing agency or office
may not be obligated until the Secretary of Agri- unless the Secretary of Agriculture, the Sec- is fully reimbursed by the receiving agency or
culture provides written notification of the ex- retary of Health and Human Services, or the office for the salary and expenses of the em-
penditures to the Committees on Appropriations Chairman of the Commodity Futures Trading ployee for the period of assignment.
of both Houses of Congress at least two weeks in Commission (as the case may be) notifies in SEC. 721. Not later than 30 days after the date
advance: Provided further, That, with the ex- writing and receives approval from the Commit- of enactment of this Act, the Secretary of Agri-
ception of any available carryover funds au- tees on Appropriations of both Houses of Con- culture, the Commissioner of the Food and Drug
thorized in any prior appropriations Act to be gress at least 30 days in advance of the re- Administration, the Chairman of the Commodity
used for the purposes of clause (3) of section 32, programming or transfer of such funds or the Futures Trading Commission, and the Chairman
none of the funds appropriated or otherwise use of such authority. of the Farm Credit Administration shall submit
made available by this or any other Act shall be (c) The Secretary of Agriculture, the Secretary to the Committees on Appropriations of both
used to pay the salaries or expenses of any em- of Health and Human Services, or the Chairman Houses of Congress a detailed spending plan by
ployee of the Department of Agriculture to carry of the Commodity Futures Trading Commission program, project, and activity for all the funds
out clause (3) of section 32. shall notify in writing and receive approval made available under this Act including appro-
SEC. 715. None of the funds appropriated by from the Committees on Appropriations of both priated user fees, as defined in the report ac-
this or any other Act shall be used to pay the Houses of Congress before implementing any companying this Act.
salaries and expenses of personnel who prepare program or activity not carried out during the SEC. 722. Of the unobligated balances from
or submit appropriations language as part of the previous fiscal year unless the program or activ- amounts made available for the supplemental
President’s budget submission to the Congress ity is funded by this Act or specifically funded nutrition program as authorized by section 17 of
for programs under the jurisdiction of the Ap- by any other Act. the Child Nutrition Act of 1966 (42 U.S.C. 1786),
propriations Subcommittees on Agriculture, (d) None of the funds provided by this Act, or $225,000,000 are hereby rescinded: Provided,
Rural Development, Food and Drug Administra- provided by previous Appropriations Acts to the That no amounts may be rescinded from
tion, and Related Agencies that assumes reve- agencies funded by this Act that remain avail- amounts that were designated by the Congress
nues or reflects a reduction from the previous able for obligation or expenditure in the current as an emergency requirement pursuant to a
year due to user fees proposals that have not fiscal year, or provided from any accounts in Concurrent Resolution on the Budget or the
been enacted into law prior to the submission of the Treasury derived by the collection of fees Balanced Budget and Emergency Deficit Con-
the budget unless such budget submission iden- available to the agencies funded by this Act, trol Act of 1985.
tifies which additional spending reductions shall be available for— SEC. 723. For the purposes of determining eli-
should occur in the event the user fees proposals (1) modifying major capital investments fund- gibility or level of program assistance for Rural
are not enacted prior to the date of the con- ing levels, including information technology sys- Development programs the Secretary shall not
vening of a committee of conference for the fis- tems, that involves increasing or decreasing include incarcerated prison populations.
cal year 2023 appropriations Act. funds in the current fiscal year for the indi- SEC. 724. For loans and loan guarantees that
SEC. 716. (a) None of the funds provided by vidual investment in excess of $500,000 or 10 per- do not require budget authority and the pro-
this Act, or provided by previous appropriations cent of the total cost, whichever is less; gram level has been established in this Act, the
Acts to the agencies funded by this Act that re- (2) realigning or reorganizing new, current, or Secretary of Agriculture may increase the pro-
main available for obligation or expenditure in vacant positions or agency activities or func- gram level for such loans and loan guarantees
the current fiscal year, or provided from any ac- tions to establish a center, office, branch, or by not more than 25 percent: Provided, That
counts in the Treasury derived by the collection similar entity with five or more personnel; or prior to the Secretary implementing such an in-
of fees available to the agencies funded by this (3) carrying out activities or functions that crease, the Secretary notifies, in writing, the
Act, shall be available for obligation or expendi- were not described in the budget request; Committees on Appropriations of both Houses of
ture through a reprogramming, transfer of unless the agencies funded by this Act notify, in Congress at least 15 days in advance.
funds, or reimbursements as authorized by the writing, the Committees on Appropriations of SEC. 725. None of the credit card refunds or re-
Economy Act, or in the case of the Department both Houses of Congress at least 30 days in ad- bates transferred to the Working Capital Fund
of Agriculture, through use of the authority vance of using the funds for these purposes. pursuant to section 729 of the Agriculture,
provided by section 702(b) of the Department of (e) As described in this section, no funds may Rural Development, Food and Drug Administra-
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Agriculture Organic Act of 1944 (7 U.S.C. 2257) be used for any activities unless the Secretary of tion, and Related Agencies Appropriations Act,
or section 8 of Public Law 89–106 (7 U.S.C. 2263), Agriculture, the Secretary of Health and Human 2002 (7 U.S.C. 2235a; Public Law 107–76) shall be
that— Services, or the Chairman of the Commodity Fu- available for obligation without written notifi-
(1) creates new programs; tures Trading Commission receives from the cation to, and the prior approval of, the Com-
(2) eliminates a program, project, or activity; Committee on Appropriations of both Houses of mittees on Appropriations of both Houses of
(3) increases funds or personnel by any means Congress written or electronic mail confirmation Congress: Provided, That the refunds or rebates
for any project or activity for which funds have of receipt of the notification as required in this so transferred shall be available for obligation
been denied or restricted; section. only for the acquisition of property, plant and
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3965
equipment, including equipment for the im- (b) This section shall be applied in a manner any legislation or appropriation matters pend-
provement, delivery, and implementation of De- consistent with United States obligations under ing before Congress, other than to communicate
partmental financial management, information its international trade agreements. to Members of Congress as described in 18 U.S.C.
technology, and other support systems necessary SEC. 732. None of the funds made available by 1913.
for the delivery of financial, administrative, and this Act may be used to implement section 3.7(f) SEC. 736. Of the total amounts made available
information technology services, including cloud of the Farm Credit Act of 1971 in a manner in- by this Act for direct loans and grants under the
adoption and migration, of primary benefit to consistent with section 343(a)(13) of the Consoli- following headings: ‘‘Rural Housing Service—
the agencies of the Department of Agriculture. dated Farm and Rural Development Act. Rural Housing Insurance Fund Program Ac-
SEC. 726. None of the funds made available by SEC. 733. In this fiscal year and thereafter, count’’; ‘‘Rural Housing Service—Mutual and
this Act may be used to implement, administer, and notwithstanding any other provision of Self-Help Housing Grants’’; ‘‘Rural Housing
or enforce the ‘‘variety’’ requirements of the law, none of the funds made available by this Service—Rural Housing Assistance Grants’’;
final rule entitled ‘‘Enhancing Retailer Stand- Act may be used to carry out any activities or ‘‘Rural Housing Service—Rural Community Fa-
ards in the Supplemental Nutrition Assistance incur any expense related to the issuance of li- cilities Program Account’’; ‘‘Rural Business-Co-
Program (SNAP)’’ published by the Department censes under section 3 of the Animal Welfare operative Service—Rural Business Program Ac-
of Agriculture in the Federal Register on Decem- Act (7 U.S.C. 2133), or the renewal of such li- count’’; ‘‘Rural Business-Cooperative Service—
ber 15, 2016 (81 Fed. Reg. 90675) until the Sec- censes, to class B dealers who sell Random Rural Economic Development Loans Program
retary of Agriculture amends the definition of Source dogs and cats for use in research, experi- Account’’; ‘‘Rural Business-Cooperative Serv-
the term ‘‘variety’’ as defined in section ments, teaching, or testing. ice—Rural Cooperative Development Grants’’;
278.1(b)(1)(ii)(C) of title 7, Code of Federal Reg- SEC. 734. (a)(1) No Federal funds made avail- ‘‘Rural Business-Cooperative Service—Rural
ulations, and ‘‘variety’’ as applied in the defini- able for this fiscal year for the rural water, Microentrepreneur Assistance Program’’;
tion of the term ‘‘staple food’’ as defined in sec- waste water, waste disposal, and solid waste ‘‘Rural Utilities Service—Rural Water and
tion 271.2 of title 7, Code of Federal Regulations, management programs authorized by sections Waste Disposal Program Account’’; ‘‘Rural Util-
to increase the number of items that qualify as 306, 306A, 306C, 306D, 306E, and 310B of the ities Service—Rural Electrification and Tele-
acceptable varieties in each staple food category Consolidated Farm and Rural Development Act communications Loans Program Account’’; and
so that the total number of such items in each (7 U.S.C. 1926 et seq.) shall be used for a project ‘‘Rural Utilities Service—Distance Learning,
staple food category exceeds the number of such for the construction, alteration, maintenance, or Telemedicine, and Broadband Program’’, to the
items in each staple food category included in repair of a public water or wastewater system maximum extent feasible, at least 10 percent of
the final rule as published on December 15, 2016: unless all of the iron and steel products used in the funds shall be allocated for assistance in
Provided, That until the Secretary promulgates the project are produced in the United States. persistent poverty counties under this section,
such regulatory amendments, the Secretary (2) In this section, the term ‘‘iron and steel including, notwithstanding any other provision
shall apply the requirements regarding accept- products’’ means the following products made regarding population limits, any county seat of
able varieties and breadth of stock to Supple- primarily of iron or steel: lined or unlined pipes such a persistent poverty county that has a pop-
mental Nutrition Assistance Program retailers and fittings, manhole covers and other munic- ulation that does not exceed the authorized pop-
that were in effect on the day before the date of ipal castings, hydrants, tanks, flanges, pipe ulation limit by more than 10 percent: Provided,
the enactment of the Agricultural Act of 2014 clamps and restraints, valves, structural steel, That for purposes of this section, the term ‘‘per-
(Public Law 113–79). reinforced precast concrete, and construction sistent poverty counties’’ means any county
SEC. 727. In carrying out subsection (h) of sec- materials. that has had 20 percent or more of its popu-
tion 502 of the Housing Act of 1949 (42 U.S.C. (b) Subsection (a) shall not apply in any case lation living in poverty over the past 30 years,
1472), the Secretary of Agriculture shall have or category of cases in which the Secretary of as measured by the 1990 and 2000 decennial cen-
the same authority with respect to loans guar- Agriculture (in this section referred to as the suses, and 2007–2011 American Community Sur-
anteed under such section and eligible lenders ‘‘Secretary’’) or the designee of the Secretary vey 5-year average, or any territory or posses-
for such loans as the Secretary has under sub- finds that— sion of the United States: Provided further,
sections (h) and (j) of section 538 of such Act (42 (1) applying subsection (a) would be incon- That with respect to specific activities for which
U.S.C. 1490p–2) with respect to loans guaranteed sistent with the public interest; program levels have been made available by this
(2) iron and steel products are not produced in Act that are not supported by budget authority,
under such section 538 and eligible lenders for
the United States in sufficient and reasonably the requirements of this section shall be applied
such loans.
available quantities or of a satisfactory quality; to such program level.
SEC. 728. None of the funds appropriated or
or SEC. 737. None of the funds made available by
otherwise made available by this Act shall be
(3) inclusion of iron and steel products pro- this Act may be used to notify a sponsor or oth-
available for the United States Department of
duced in the United States will increase the cost erwise acknowledge receipt of a submission for
Agriculture to propose, finalize or implement
of the overall project by more than 25 percent. an exemption for investigational use of a drug
any regulation that would promulgate new user (c) If the Secretary or the designee receives a or biological product under section 505(i) of the
fees pursuant to 31 U.S.C. 9701 after the date of request for a waiver under this section, the Sec- Federal Food, Drug, and Cosmetic Act (21
the enactment of this Act. retary or the designee shall make available to U.S.C. 355(i)) or section 351(a)(3) of the Public
SEC. 729. None of the funds made available by the public on an informal basis a copy of the re- Health Service Act (42 U.S.C. 262(a)(3)) in re-
this or any other Act may be used to carry out quest and information available to the Secretary search in which a human embryo is inten-
the final rule promulgated by the Food and or the designee concerning the request, and tionally created or modified to include a heri-
Drug Administration and put into effect Novem- shall allow for informal public input on the re- table genetic modification. Any such submission
ber 16, 2015, in regards to the hazard analysis quest for at least 15 days prior to making a find- shall be deemed to have not been received by the
and risk-based preventive control requirements ing based on the request. The Secretary or the Secretary, and the exemption may not go into
of the current good manufacturing practice, designee shall make the request and accom- effect.
hazard analysis, and risk-based preventive con- panying information available by electronic SEC. 738. None of the funds made available by
trols for food for animals rule with respect to means, including on the official public Internet this or any other Act may be used to enforce the
the regulation of the production, distribution, Web site of the Department. final rule promulgated by the Food and Drug
sale, or receipt of dried spent grain byproducts (d) This section shall be applied in a manner Administration entitled ‘‘Standards for the
of the alcoholic beverage production process. consistent with United States obligations under Growing, Harvesting, Packing, and Holding of
SEC. 730. The National Bio and Agro-Defense international agreements. Produce for Human Consumption,’’ and pub-
Facility shall be transferred this or any fiscal (e) The Secretary may retain up to 0.25 per- lished on November 27, 2015, with respect to the
year hereafter without reimbursement from the cent of the funds appropriated in this Act for regulation of entities that grow, harvest, pack,
Secretary of Homeland Security to the Secretary ‘‘Rural Utilities Service—Rural Water and or hold wine grapes, hops, pulse crops, or al-
of Agriculture. Waste Disposal Program Account’’ for carrying monds.
SEC. 731. (a) The Secretary of Agriculture out the provisions described in subsection (a)(1) SEC. 739. There is hereby appropriated
shall— for management and oversight of the require- $5,000,000, to remain available until September
(1) conduct audits in a manner that evaluates ments of this section. 30, 2023, for a pilot program for the National In-
the following factors in the country or region (f) Subsection (a) shall not apply with respect stitute of Food and Agriculture to provide
being audited, as applicable— to a project for which the engineering plans and grants to nonprofit organizations for programs
(A) veterinary control and oversight; specifications include use of iron and steel prod- and services to establish and enhance farming
(B) disease history and vaccination practices; ucts otherwise prohibited by such subsection if and ranching opportunities for military vet-
(C) livestock demographics and traceability; the plans and specifications have received re- erans.
(D) epidemiological separation from potential quired approvals from State agencies prior to SEC. 740. For school year 2022–2023, none of
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sources of infection; the date of enactment of this Act. the funds made available by this Act may be
(E) surveillance practices; (g) For purposes of this section, the terms used to implement or enforce the matter fol-
(F) diagnostic laboratory capabilities; and ‘‘United States’’ and ‘‘State’’ shall include each lowing the first comma in the second sentence of
(G) emergency preparedness and response; of the several States, the District of Columbia, footnote (c) of section 220.8(c) of title 7, Code of
and and each Federally recognized Indian tribe. Federal Regulations, with respect to the substi-
(2) promptly make publicly available the final SEC. 735. None of the funds appropriated by tution of vegetables for fruits under the school
reports of any audits or reviews conducted pur- this Act may be used in any way, directly or in- breakfast program established under section 4 of
suant to subsection (1). directly, to influence congressional action on the Child Nutrition Act of 1966 (42 U.S.C. 1773).
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H3966 CONGRESSIONAL RECORD — HOUSE July 27, 2021
SEC. 741. None of the funds made available by randum of Understanding Between the U.S. De- same terms and conditions as funds appro-
this Act or any other Act may be used— partment of Agriculture Animal and Plant priated by section 779 of Public Law 115–141,
(1) in contravention of section 7606 of the Ag- Health Inspection Service (APHIS) and the U.S. shall use $104,000,000 of funds available in this
ricultural Act of 2014 (7 U.S.C. 5940), subtitle G Department of Agriculture Agricultural Re- subaccount in fiscal year 2021 for an additional
of the Agricultural Marketing Act of 1946, or search Service (ARS) Concerning Laboratory amount for the same purpose and under the
section 10114 of the Agriculture Improvement Animal Welfare’’ (16–6100–0103–MU Revision 16– same terms and conditions as funds appro-
Act of 2018; or 1) shall be inspected by APHIS for compliance priated by section 779 of Public Law 115–141,
(2) to prohibit the transportation, processing, with the Animal Welfare Act and its regulations and shall use $50,000,000 of funds available in
sale, or use of hemp, or seeds of such plant, that and standards. this subaccount in fiscal year 2022 for an addi-
is grown or cultivated in accordance with sec- SEC. 755. None of the funds made available by tional amount for the same purpose and under
tion 7606 of the Agricultural Act of 2014 (7 this Act may be used to procure raw or proc- the same terms and conditions as funds appro-
U.S.C. 5940) or Subtitle G of the Agricultural essed poultry products imported into the United priated by section 779 of Public Law 115–141.’’:
Marketing Act of 1946, within or outside the States from the People’s Republic of China for Provided, That any use of such funds shall be
State in which the industrial hemp is grown or use in the school lunch program under the Rich- treated as a reprogramming of funds under sec-
cultivated. ard B. Russell National School Lunch Act (42 tion 716 of this Act.
SEC. 742. There is hereby appropriated U.S.C. 1751 et seq.), the Child and Adult Care SEC. 763. There is hereby appropriated
$3,000,000, to remain available until expended, Food Program under section 17 of such Act (42 $400,000 to carry out section 1672(g)(4)(B) of the
for grants under section 12502 of Public Law U.S.C. 1766), the Summer Food Service Program Food, Agriculture, Conservation, and Trade Act
115–334. for Children under section 13 of such Act (42 of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by
SEC. 743. There is hereby appropriated U.S.C. 1761), or the school breakfast program section 7209 of Public Law 115–334.
$3,000,000 to carry out section 1621 of Public under the Child Nutrition Act of 1966 (42 U.S.C. SEC. 764. For an additional amount for ‘‘Na-
Law 110–246. 1771 et seq.). tional Institute of Food and Agriculture—Re-
SEC. 744. There is hereby appropriated SEC. 756. For school year 2022–2023, only a search and Education Activities’’, $2,000,000, to
$1,000,000 to carry out section 3307 of Public school food authority that had a negative bal- develop a public-private cooperative framework
Law 115–334. ance in the nonprofit school food service ac- based on open data standards for neutral data
SEC. 745. The Secretary of Agriculture may count as of December 31, 2021, shall be required repository solutions to preserve and share the
waive the matching funds requirement under to establish a price for paid lunches in accord- big data generated by technological advance-
Section 412(g) of the Agricultural Research, Ex- ance with section 12(p) of the Richard B. Rus- ments in the agriculture industry and for the
tension, and Education Reform Act of 1998 (7 sell National School Lunch Act (42 U.S.C. preservation and curation of data in collabora-
U.S.C. 7632(g)). 1760(p)). tion with land-grant universities.
SEC. 746. There is hereby appropriated SEC. 757. In addition to any funds made avail- SEC. 765. Notwithstanding any other provision
$2,000,000, to remain available until expended, able in this Act or any other Act, there is hereby of law, no funds available to the Department of
for a pilot program for the Secretary to provide appropriated $10,000,000, to remain available Agriculture may be used to move any staff office
grants to qualified non-profit organizations and until September 30, 2023, for grants from the Na- or any agency from the mission area in which it
public housing authorities to provide technical tional Institute of Food and Agriculture to the was located on August 1, 2018, to any other mis-
assistance, including financial and legal serv- 1890 Institutions to support the Centers of Excel- sion area or office within the Department in the
ices, to RHS multi-family housing borrowers to lence. absence of the enactment of specific legislation
facilitate the acquisition of RHS multi-family SEC. 758. There is hereby appropriated affirming such move.
housing properties in areas where the Secretary $2,000,000, to remain available until expended, SEC. 766. Section 7605(b) of the Agriculture Im-
determines a risk of loss of affordable housing, for the Secretary of Agriculture to carry out a provement Act of 2018 (7 U.S.C. 5940 note; Public
by non-profit housing organizations and public pilot program that assists rural hospitals to im- Law 115–334) is amended by striking ‘‘January
housing authorities as authorized by law that prove long-term operations and financial health 1, 2022’’ and inserting ‘‘January 1, 2023’’.
commit to keep such properties in the RHS by providing technical assistance through anal- SEC. 767. The Secretary, acting through the
multi-family housing program for a period of ysis of current hospital management practices. Chief of the Natural Resources Conservation
time as determined by the Secretary. SEC. 759. In addition to amounts otherwise Service, may use funds appropriated under this
SEC. 747. There is hereby appropriated made available by this or any other Act, there is Act or any other Act for the Watershed and
$3,000,000, to remain available until September hereby appropriated $5,000,000, to remain avail- Flood Prevention Operations Program and the
30, 2023, to carry out section 4208 of Public Law able until expended, to the Secretary for a pilot Watershed Rehabilitation Program carried out
115–334. program to provide grants to a regional consor- pursuant to the Watershed Protection and
SEC. 748. There is hereby appropriated tium to fund technical assistance and construc- Flood Prevention Act (16 U.S.C. 1001 et seq.),
$5,000,000 to carry out section 12301 of Public tion of regional wastewater systems for histori- and for the Emergency Watershed Protection
Law 115–334. cally impoverished communities that have had Program carried out pursuant to section 403 of
SEC. 749. There is hereby appropriated difficulty in installing traditional wastewater the Agricultural Credit Act of 1978 (16 U.S.C.
$5,000,000 to carry out section 1450 of the Na- treatment systems due to soil conditions. 2203) to provide technical services for such pro-
tional Agricultural Research, Extension, and SEC. 760. There is hereby appropriated grams pursuant to section 1252(a)(1) of the Food
Teaching Policy Act of 1977 (7 U.S.C. 3222e) as $10,000,000, to remain available until September Security Act of 1985 (16 U.S.C. 3851(a)(1)), not-
amended by section 7120 of Public Law 115–334. 30, 2023, to carry out section 23 of the Child Nu- withstanding subsection (c) of such section.
SEC. 750. There is hereby appropriated trition Act of 1966 (42 U.S.C. 1793), of which SEC. 768. None of the funds made available by
$2,000,000 to carry out section 1671 of the Food, $2,000,000 shall be for grants under such section this or any other act may be used to restrict the
Agriculture, Conservation, and Trade Act of to the Commonwealth of Puerto Rico, the Com- offering of low-fat (1% fat) flavored milk in the
1990 (7 U.S.C. 5924) as amended by section 7208 monwealth of the Northern Mariana Islands, National School Lunch Program or School
of Public Law 115–334. the United States Virgin Islands, Guam, and Breakfast Program, as long as such milk is not
SEC. 751. In response to an eligible community American Samoa. inconsistent with the most recent Dietary Guide-
where the drinking water supplies are inad- SEC. 761. Any funds made available by this or lines for Americans published under section 301
equate due to a natural disaster, as determined any other Act that the Secretary withholds pur- of the National Nutrition Monitoring and Re-
by the Secretary, including drought or severe suant to section 1668(g)(2) of the Food, Agri- lated Research Act of 1990.
weather, the Secretary may provide potable culture, Conservation, and Trade Act of 1990 (7 SEC. 769. In administering the pilot program
water through the Emergency Community Water U.S.C. 5921(g)(2)), as amended, shall be avail- established by section 779 of division A of the
Assistance Grant Program for an additional pe- able for grants for biotechnology risk assessment Consolidated Appropriations Act, 2018 (Public
riod of time not to exceed 120 days beyond the research: Provided, That the Secretary may Law 115–141), the Secretary of Agriculture may,
established period provided under the Program transfer such funds among appropriations of the for purposes of determining entities eligible to
in order to protect public health. Department of Agriculture for purposes of mak- receive assistance, consider those communities
SEC. 752. There is hereby appropriated ing such grants. which are ‘‘Areas Rural in Character’’: Pro-
$10,000,000 to remain available until September SEC. 762. Section 313(b) of the Rural Elec- vided, That not more than 10 percent of the
30, 2023, to carry out section 4206 of Public Law trification Act of 1936, as amended (7 U.S.C. funds made available under the heading ‘‘Dis-
115–334. 940c(b)), shall be applied for fiscal year 2022 and tance Learning, Telemedicine, and Broadband
SEC. 753. Funds made available under title II each fiscal year thereafter until the specified Program’’ for the purposes of the pilot program
of the Food for Peace Act (7 U.S.C. 1721 et seq.) funding has been expended as if the following established by section 779 of Public Law 115–141
may only be used to provide assistance to recipi- were inserted after the final period in subsection may be used for this purpose.
ent nations if adequate monitoring and controls, (b)(2): ‘‘In addition, the Secretary shall use SEC. 770. There is hereby appropriated
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as determined by the Administrator, are in place $425,000,000 of funds available in this sub- $24,525,000 for the Goodfellow Federal facility,
to ensure that emergency food aid is received by account in fiscal year 2019 for an additional to remain available until expended, of which
the intended beneficiaries in areas affected by amount for the same purpose and under the $12,000,000 shall be transferred to and merged
food shortages and not diverted for unauthor- same terms and conditions as funds appro- with the appropriation for ‘‘Office of the Chief
ized or inappropriate purposes. priated by section 779 of Public Law 115–141, Information Officer’’, and of which $12,525,000
SEC. 754. In this fiscal year and thereafter, shall use $255,000,000 of funds available in this shall be transferred to and merged with the ap-
and notwithstanding any other provision of subaccount in fiscal year 2020 for an additional propriation for ‘‘Food Safety and Inspection
law, ARS facilities as described in the ‘‘Memo- amount for the same purpose and under the Service’’.
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3967
SEC. 771. None of the funds made available by 1135(g)(1)(B) of the Social Security Act (42 OPERATION AND MAINTENANCE
this Act may be used to pay the salaries or ex- U.S.C. 1320b–5(g)(1)(B)). For expenses necessary for the operation,
penses of personnel— SEC. 777. The Secretary of Agriculture shall maintenance, and care of existing river and har-
(1) to inspect horses under section 3 of the take such actions as may be necessary to pro- bor, flood and storm damage reduction, aquatic
Federal Meat Inspection Act (21 U.S.C. 603); hibit the purchase of agricultural land located ecosystem restoration, and related projects au-
(2) to inspect horses under section 903 of the in the United States by companies owned, in full thorized by law; providing security for infra-
Federal Agriculture Improvement and Reform or in part, by China, Russia, Iran, or North structure owned or operated by the Corps, in-
Act of 1996 (7 U.S.C. 1901 note; Public Law 104– Korea. Beginning on the date of the enactment cluding administrative buildings and labora-
127); or of this Act, agricultural land owned by China, tories; maintaining harbor channels provided by
(3) to implement or enforce section 352.19 of Russia, Iran, or North Korea or companies a State, municipality, or other public agency
title 9, Code of Federal Regulations (or a suc- owned, in full or in part, by China, Russia, that serve essential navigation needs of general
cessor regulation). Iran, or North Korea shall not be eligible for commerce, where authorized by law; surveying
SEC. 772. For an additional amount for ‘‘Na- participation in programs administered by the and charting northern and northwestern lakes
tional Institute of Food and Agriculture—Re- Secretary of Agriculture. and connecting waters; clearing and straight-
search and Education Activities’’, $300,000, for This division may be cited as the ‘‘Agri- ening channels; and removing obstructions to
the Under Secretary for Research, Education, culture, Rural Development, Food and Drug Ad- navigation, $4,817,000,000, to remain available
and Economics to convene a blue-ribbon panel ministration, and Related Agencies Appropria- until expended, of which $1,938,160,339 shall be
for the purpose of evaluating the overall struc- tions Act, 2022’’. derived from the Harbor Maintenance Trust
ture of research and education through the pub-
DIVISION C—ENERGY AND WATER DEVEL- Fund to cover the Federal share of eligible oper-
lic and land-grant universities, including 1890
OPMENT AND RELATED AGENCIES AP- ation and maintenance costs for coastal harbors
Institutions, to define a new architecture that
PROPRIATIONS ACT, 2022 and channels, and for inland harbors; of which
can better integrate, coordinate, and assess eco-
TITLE I $50,000,000, to be derived from the general fund
nomic impact of the collective work of these in-
of the Treasury, shall be to carry out subsection
stitutions. CORPS OF ENGINEERS—CIVIL (c) of section 2106 of Public Law 113–121; of
SEC. 773. For an additional amount for ‘‘Na- DEPARTMENT OF THE ARMY which such sums as become available from the
tional Institute of Food and Agriculture—Re-
CORPS OF ENGINEERS—CIVIL special account for the Corps of Engineers es-
search and Education Activities’’, $6,000,000, to
The following appropriations shall be ex- tablished by the Land and Water Conservation
remain available until September 30, 2023, for a
pended under the direction of the Secretary of Fund Act of 1965 shall be derived from that ac-
competitive grant to an institution in the land-
the Army and the supervision of the Chief of count for resource protection, research, interpre-
grant university system to establish a Farm of
Engineers for authorized civil functions of the tation, and maintenance activities related to re-
the Future testbed and demonstration site.
Department of the Army pertaining to river and source protection in the areas at which outdoor
SEC. 774. Section 788 of the Further Consoli-
harbor, flood and storm damage reduction, recreation is available; and of which such sums
dated Appropriations Act, 2020 (Public Law 116–
shore protection, aquatic ecosystem restoration, as become available from fees collected under
94) is amended by amending subsections (b)(1),
and related efforts. section 217 of Public Law 104–303 shall be used
(b)(2) and (b)(3) to read as follows:
‘‘(1) all final Animal Welfare Act inspection to cover the cost of operation and maintenance
INVESTIGATIONS of the dredged material disposal facilities for
reports, including all reports documenting all
For expenses necessary where authorized by which such fees have been collected: Provided,
Animal Welfare Act violations and non-compli-
law for the collection and study of basic infor- That 1 percent of the total amount of funds pro-
ances observed by USDA officials and all animal
mation pertaining to river and harbor, flood and vided for each of the programs, projects, or ac-
inventories for the current year and preceding
storm damage reduction, shore protection, tivities funded under this heading shall not be
three years;
‘‘(2) all final Animal Welfare Act and Horse aquatic ecosystem restoration, and related allocated to a field operating activity prior to
Protection Act enforcement records for the cur- needs; for surveys and detailed studies, and the beginning of the fourth quarter of the fiscal
rent year and the preceding three years; plans and specifications of proposed river and year and shall be available for use by the Chief
‘‘(3) all reports or other materials docu- harbor, flood and storm damage reduction, of Engineers to fund such emergency activities
menting any violations and non-compliances ob- shore protection, and aquatic ecosystem restora- as the Chief of Engineers determines to be nec-
served by USDA officials for the current year tion projects, and related efforts prior to con- essary and appropriate, and that the Chief of
and preceding three years; and’’. struction; for restudy of authorized projects; Engineers shall allocate during the fourth quar-
SEC. 775. None of the funds made available by and for miscellaneous investigations, and, when ter any remaining funds which have not been
this Act may be used to propose, promulgate, or authorized by law, surveys and detailed studies, used for emergency activities proportionally in
implement any rule, or take any other action and plans and specifications of projects prior to accordance with the amounts provided for the
with respect to, allowing or requiring informa- construction, $155,000,000, to remain available programs, projects, or activities.
tion intended for a prescribing health care pro- until expended. REGULATORY PROGRAM
fessional, in the case of a drug or biological CONSTRUCTION For expenses necessary for administration of
product subject to section 503(b)(1) of the Fed- For expenses necessary for the construction of laws pertaining to regulation of navigable
eral Food, Drug, and Cosmetic Act (21 U.S.C. river and harbor, flood and storm damage re- waters and wetlands, $212,000,000, to remain
353(b)(1)), to be distributed to such professional duction, shore protection, aquatic ecosystem res- available until September 30, 2023.
electronically (in lieu of in paper form) unless toration, and related projects authorized by law; FORMERLY UTILIZED SITES REMEDIAL ACTION
and until a Federal law is enacted to allow or for conducting detailed studies, and plans and PROGRAM
require such distribution. specifications, of such projects (including those
SEC. 776. (a) The Secretary of Agriculture, For expenses necessary to clean up contami-
involving participation by States, local govern-
acting through the Administrator of the Food nation from sites in the United States resulting
ments, or private groups) authorized or made el-
Safety and Inspection Service, shall— from work performed as part of the Nation’s
igible for selection by law (but such detailed
(1) revoke any line speed waivers issued to a early atomic energy program, $250,000,000, to re-
studies, and plans and specifications, shall not
processor subject to the Federal Meat Inspection main available until expended.
constitute a commitment of the Government to
Act (21 U.S.C. 601 et seq.) or the Poultry Prod- construction); $2,591,732,000, to remain available FLOOD CONTROL AND COASTAL EMERGENCIES
ucts Inspection Act (21 U.S.C. 451 et seq.) during until expended; of which $100,820,000 shall be For expenses necessary to prepare for flood,
the period beginning on or after the first day of derived from the Harbor Maintenance Trust hurricane, and other natural disasters and sup-
the COVID–19 emergency period and ending on Fund to cover the Federal share of construction port emergency operations, repairs, and other
the date of the enactment of this Act; and costs for facilities under the Dredged Material activities in response to such disasters as au-
(2) subject to subsection (b), not issue any Disposal Facilities program; and of which such thorized by law, $35,000,000, to remain available
such waivers on or after such date of enact- sums as are necessary to cover 35 percent of the until expended.
ment, for the duration of the COVID–19 emer- costs of construction, replacement, rehabilita- EXPENSES
gency period. tion, and expansion of inland waterways
(b) Notwithstanding subsection (a), the Sec- For expenses necessary for the supervision
projects shall be derived from the Inland Water-
retary may issue a line speed waiver to a proc- and general administration of the civil works
ways Trust Fund, except as otherwise specifi-
essor referred to in such subsection, if such program in the headquarters of the Corps of En-
cally provided for in law.
processor— gineers and the offices of the Division Engi-
(1) agrees to an inspection for such purpose MISSISSIPPI RIVER AND TRIBUTARIES neers; and for costs of management and oper-
conducted by the Assistant Secretary of Labor For expenses necessary for flood damage re- ation of the Humphreys Engineer Center Sup-
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for Occupational Safety and Health; and duction projects and related efforts in the Mis- port Activity, the Institute for Water Resources,
(2) the Assistant Secretary certifies to the Sec- sissippi River alluvial valley below Cape the United States Army Engineer Research and
retary of Agriculture that any increases in line Girardeau, Missouri, as authorized by law, Development Center, and the United States
speed at such processor’s facilities would not $370,000,000, to remain available until expended, Army Corps of Engineers Finance Center allo-
have an adverse impact on worker safety. of which $10,312,000 shall be derived from the cable to the civil works program, $208,000,000, to
(c) For purposes of this section, the term Harbor Maintenance Trust Fund to cover the remain available until September 30, 2023, of
‘‘COVID–19 emergency period’’ has the meaning Federal share of eligible operation and mainte- which not to exceed $5,000 may be used for offi-
given the term ‘‘emergency period’’ in section nance costs for inland harbors. cial reception and representation purposes and
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H3968 CONGRESSIONAL RECORD — HOUSE July 27, 2021
only during the current fiscal year: Provided, and Budget have certified in advance in writing tify the Committees on Appropriations of both
That no part of any other appropriation pro- that the direct loan or loan guarantee, as appli- Houses of Congress of these emergency actions
vided in this title shall be available to fund the cable, and the project comply with the criteria as soon thereafter as practicable: Provided fur-
civil works activities of the Office of the Chief of referenced in the previous proviso: Provided fur- ther, That for a base level over $1,000,000, re-
Engineers or the civil works executive direction ther, That any references to the Environmental programming of 15 percent of the base amount
and management activities of the division of- Protection Agency (EPA) or the Administrator up to a limit of $5,000,000 per project, study, or
fices: Provided further, That any Flood Control in the criteria referenced in the previous two activity is allowed: Provided further, That for a
and Coastal Emergencies appropriation may be provisos shall be deemed to be references to the base level less than $1,000,000, the reprogram-
used to fund the supervision and general admin- Army Corps of Engineers or the Secretary of the ming limit is $150,000: Provided further, That
istration of emergency operations, repairs, and Army, respectively, for purposes of the direct $150,000 may be reprogrammed into any con-
other activities in response to any flood, hurri- loans or loan guarantee authority made avail- tinuing study or activity that did not receive an
cane, or other natural disaster. able under this heading: Provided further, That appropriation;
OFFICE OF THE ASSISTANT SECRETARY OF THE for the purposes of carrying out the Congres- (9) MISSISSIPPI RIVER AND TRIBU-
ARMY FOR CIVIL WORKS sional Budget Act of 1974, the Director of the TARIES.—The reprogramming guidelines in
For the Office of the Assistant Secretary of Congressional Budget Office may request, and paragraphs (6), (7), and (8) shall apply to the
the Army for Civil Works as authorized by 10 the Secretary shall promptly provide, docu- Investigations, Construction, and Operation
U.S.C. 3016(b)(3), $5,000,000, to remain available mentation and information relating to a project and Maintenance portions of the Mississippi
until September 30, 2023: Provided, That not identified in a Letter of Interest submitted to the River and Tributaries Account, respectively;
more than 75 percent of such amount may be ob- Secretary pursuant to a Notice of Funding and
ligated or expended until the Assistant Sec- Availability for applications for credit assist- (10) FORMERLY UTILIZED SITES REME-
retary submits to the Committees on Appropria- ance under the Water Infrastructure Finance DIAL ACTION PROGRAM.— Reprogramming
tions of both Houses of Congress a work plan and Innovation Act Program, including with re- of up to 15 percent of the base of the receiving
that allocates at least 95 percent of the addi- spect to a project that was initiated or com- project is permitted.
tional funding provided under each heading in pleted before the date of enactment of this Act. (b) DE MINIMUS REPROGRAMMINGS.—In
this title, as designated under such heading in In addition, fees authorized to be collected no case should a reprogramming for less than
the report accompanying this Act, to specific pursuant to sections 5029 and 5030 of the Water $50,000 be submitted to the Committees on Ap-
programs, projects, or activities. Infrastructure Finance and Innovation Act of propriations of both Houses of Congress.
WATER INFRASTRUCTURE FINANCE AND 2014 shall be deposited in this account, to re- (c) CONTINUING AUTHORITIES PRO-
INNOVATION PROGRAM main available until expended. GRAM.—Subsection (a)(1) shall not apply to
In addition, for administrative expenses to any project or activity funded under the con-
For the cost of direct loans and for the cost of
carry out the direct and guaranteed loan pro- tinuing authorities program.
guaranteed loans, as authorized by the Water (d) Not later than 60 days after the date of en-
Infrastructure Finance and Innovation Act of grams, $8,500,000, to remain available until Sep-
tember 30, 2023. actment of this Act, the Secretary shall submit
2014, $5,700,000, to remain available until ex-
a report to the Committees on Appropriations of
pended, for safety projects to maintain, up- GENERAL PROVISIONS—CORPS OF
both Houses of Congress to establish the base-
grade, and repair dams identified in the Na- ENGINEERS—CIVIL
line for application of reprogramming and
tional Inventory of Dams with a primary owner (INCLUDING TRANSFER OF FUNDS) transfer authorities for the current fiscal year
type of state, local government, public utility, or SEC. 101. (a) None of the funds provided in which shall include:
private: Provided, That no project may be fund- title I of this Act, or provided by previous appro- (1) A table for each appropriation with a sep-
ed with amounts provided under this heading priations Acts to the agencies or entities funded arate column to display the President’s budget
for a dam that is identified as jointly owned in in title I of this Act that remain available for request, adjustments made by Congress, adjust-
the National Inventory of Dams and where one obligation or expenditure in fiscal year 2022, ments due to enacted rescissions, if applicable,
of those joint owners is the Federal Government: shall be available for obligation or expenditure and the fiscal year enacted level; and
Provided further, That such costs, including the through a reprogramming of funds that: (2) A delineation in the table for each appro-
cost of modifying such loans, shall be as defined (1) creates or initiates a new program, project, priation both by object class and program,
in section 502 of the Congressional Budget Act or activity; project and activity as detailed in the budget
of 1974: Provided further, That these funds are (2) eliminates a program, project, or activity; appendix for the respective appropriations; and
available to subsidize gross obligations for the (3) increases funds or personnel for any pro- (3) An identification of items of special con-
principal amount of direct loans, including cap- gram, project, or activity for which funds have gressional interest.
italized interest, and total loan principal, in- been denied or restricted by this Act, unless SEC. 102. The Secretary shall allocate funds
cluding capitalized interest, any part of which prior approval is received from the Committees made available in this title solely in accordance
is to be guaranteed, not to exceed $570,000,000: on Appropriations of both Houses of Congress; with the provisions of this Act and the report
Provided further, That within 15 days of enact- (4) proposes to use funds directed for a spe- accompanying this Act.
ment of this Act, the Secretary, in consultation cific activity for a different purpose, unless SEC. 103. None of the funds made available in
with the Office of Management and Budget, prior approval is received from the Committees this title may be used to award or modify any
shall transmit a report to the Committees on Ap- on Appropriations of both Houses of Congress; contract that commits funds beyond the
propriations of the House of Representatives (5) augments or reduces existing programs, amounts appropriated for that program, project,
and the Senate that provides: (1) an analysis of projects, or activities in excess of the amounts or activity that remain unobligated, except that
how subsidy rates will be determined for loans contained in paragraphs (6) through (10), unless such amounts may include any funds that have
financed by appropriations provided under this prior approval is received from the Committees been made available through reprogramming
heading in this Act; (2) a comparison of the fac- on Appropriations of both Houses of Congress; pursuant to section 101.
tors that will be considered in estimating sub- (6) INVESTIGATIONS.—For a base level over SEC. 104. The Secretary of the Army may
sidy rates for loans financed under this heading $100,000, reprogramming of 25 percent of the transfer to the Fish and Wildlife Service, and
in this Act with factors that will be considered base amount up to a limit of $150,000 per project, the Fish and Wildlife Service may accept and
in estimates of subsidy rates for other projects study or activity is allowed: Provided, That for expend, up to $5,400,000 of funds provided in
authorized by the Water Infrastructure Finance a base level less than $100,000, the reprogram- this title under the heading ‘‘Operation and
and Innovation Act of 2014, including an anal- ming limit is $25,000: Provided further, That up Maintenance’’ to mitigate for fisheries lost due
ysis of how both sets of rates will be determined; to $25,000 may be reprogrammed into any con- to Corps of Engineers projects.
and (3) an analysis of the process for developing tinuing study or activity that did not receive an SEC. 105. None of the funds in this Act shall
draft regulations for the Water Infrastructure appropriation for existing obligations and con- be used for an open lake placement alternative
Finance and Innovation program, including a comitant administrative expenses; for dredged material, after evaluating the least
crosswalk from the statutory requirements for (7) CONSTRUCTION.—For a base level over costly, environmentally acceptable manner for
such program, and a timetable for publishing $2,000,000, reprogramming of 15 percent of the the disposal or management of dredged material
such regulations: Provided further, That the use base amount up to a limit of $3,000,000 per originating from Lake Erie or tributaries there-
of direct loans or loan guarantee authority project, study or activity is allowed: Provided, to, unless it is certified under a State water
under this heading for direct loans or commit- That for a base level less than $2,000,000, the re- quality certification pursuant to section 401 of
ments to guarantee loans for any project shall programming limit is $300,000: Provided further, the Federal Water Pollution Control Act (33
be in accordance with the criteria published in That up to $3,000,000 may be reprogrammed for U.S.C. 1341): Provided, That until an open lake
the Federal Register on June 30, 2020 (85 FR settled contractor claims, changed conditions, or placement alternative for dredged material is
39189) pursuant to the fourth proviso under the real estate deficiency judgments: Provided fur- certified under a State water quality certifi-
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heading ‘‘Water Infrastructure Finance and In- ther, That up to $300,000 may be reprogrammed cation, the Corps of Engineers shall continue
novation Program Account’’ in division D of the into any continuing study or activity that did upland placement of such dredged material con-
Further Consolidated Appropriations Act, 2020 not receive an appropriation for existing obliga- sistent with the requirements of section 101 of
(Public Law 116–94): Provided further, That tions and concomitant administrative expenses; the Water Resources Development Act of 1986
none of the direct loans or loan guarantee au- (8) OPERATION AND MAINTENANCE.—Un- (33 U.S.C. 2211).
thority made available under this heading shall limited reprogramming authority is granted for SEC. 106. None of the funds made available by
be available for any project unless the Secretary the Corps to be able to respond to emergencies: this Act may be used to carry out any water
and the Director of the Office of Management Provided, That the Chief of Engineers shall no- supply reallocation study under the Wolf Creek
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3969
Dam, Lake Cumberland, Kentucky, project au- 110 of title I of appendix D of Public Law 106– (5) transfers funds in excess of the following
thorized under the Act of July 24, 1946 (60 Stat. 554: Provided further, That of the amounts pro- limits, unless prior approval is received from the
636, ch. 595). vided herein, funds may be used for high-pri- Committees on Appropriations of both Houses of
SEC. 107. None of the funds made available by ority projects which shall be carried out by the Congress:
this Act or any other Act may be used to reorga- Youth Conservation Corps, as authorized by 16 (A) 15 percent for any program, project or ac-
nize or to transfer the Civil Works functions or U.S.C. 1706. tivity for which $2,000,000 or more is available at
authority of the Corps of Engineers or the Sec- CENTRAL VALLEY PROJECT RESTORATION FUND the beginning of the fiscal year; or
retary of the Army to another department or (B) $400,000 for any program, project or activ-
For carrying out the programs, projects,
agency. ity for which less than $2,000,000 is available at
plans, habitat restoration, improvement, and ac-
SEC. 108. Additional funding provided in this the beginning of the fiscal year;
quisition provisions of the Central Valley (6) transfers more than $500,000 from either
Act shall be allocated only to projects deter-
Project Improvement Act, $56,499,000, to be de- the Facilities Operation, Maintenance, and Re-
mined to be eligible by the Chief of Engineers.
rived from such sums as may be collected in the habilitation category or the Resources Manage-
TITLE II Central Valley Project Restoration Fund pursu- ment and Development category to any pro-
DEPARTMENT OF THE INTERIOR ant to sections 3407(d), 3404(c)(3), and 3405(f) of gram, project, or activity in the other category,
CENTRAL UTAH PROJECT Public Law 102–575, to remain available until unless prior approval is received from the Com-
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
expended: Provided, That the Bureau of Rec- mittees on Appropriations of both Houses of
lamation is directed to assess and collect the full Congress; or
For carrying out activities authorized by the amount of the additional mitigation and res-
Central Utah Project Completion Act, (7) transfers, where necessary to discharge
toration payments authorized by section 3407(d) legal obligations of the Bureau of Reclamation,
$20,000,000, to remain available until expended, of Public Law 102–575: Provided further, That
of which $5,000,000 shall be deposited into the more than $5,000,000 to provide adequate funds
none of the funds made available under this for settled contractor claims, increased con-
Utah Reclamation Mitigation and Conservation heading may be used for the acquisition or leas-
Account for use by the Utah Reclamation Miti- tractor earnings due to accelerated rates of op-
ing of water for in-stream purposes if the water erations, and real estate deficiency judgments,
gation and Conservation Commission: Provided, is already committed to in-stream purposes by a
That of the amount provided under this head- unless prior approval is received from the Com-
court adopted decree or order. mittees on Appropriations of both Houses of
ing, $1,550,000 shall be available until September
CALIFORNIA BAY-DELTA RESTORATION Congress.
30, 2023, for expenses necessary in carrying out
related responsibilities of the Secretary of the (INCLUDING TRANSFERS OF FUNDS) (b) Subsection (a)(5) shall not apply to any
Interior: Provided further, That for fiscal year For carrying out activities authorized by the transfer of funds within the Facilities Oper-
2022, of the amount made available to the Com- Water Supply, Reliability, and Environmental ation, Maintenance, and Rehabilitation cat-
mission under this Act or any other Act, the Improvement Act, consistent with plans to be egory.
approved by the Secretary of the Interior, (c) For purposes of this section, the term
Commission may use an amount not to exceed
$33,000,000, to remain available until expended, ‘‘transfer’’ means any movement of funds into
$1,850,000 for administrative expenses.
of which such amounts as may be necessary to or out of a program, project, or activity.
BUREAU OF RECLAMATION (d) Except as provided in subsections (a) and
carry out such activities may be transferred to
The following appropriations shall be ex- (b), the amounts made available in this title
appropriate accounts of other participating Fed-
pended to execute authorized functions of the under the heading ‘‘Bureau of Reclamation—
eral agencies to carry out authorized purposes:
Bureau of Reclamation: Water and Related Resources’’ shall be ex-
Provided, That funds appropriated herein may
WATER AND RELATED RESOURCES pended for the programs, projects, and activities
be used for the Federal share of the costs of
specified in the ‘‘House Recommended’’ columns
(INCLUDING TRANSFERS OF FUNDS) CALFED Program management: Provided fur-
in the ‘‘Water and Related Resources’’ table in-
For management, development, and restora- ther, That CALFED implementation shall be
cluded under the heading ‘‘Title II—Department
tion of water and related natural resources and carried out in a balanced manner with clear
of the Interior’’ in the report accompanying this
for related activities, including the operation, performance measures demonstrating concurrent
Act.
maintenance, and rehabilitation of reclamation progress in achieving the goals and objectives of
(e) The Bureau of Reclamation shall submit
and other facilities, participation in fulfilling the Program.
reports on a quarterly basis to the Committees
related Federal responsibilities to Native Ameri- POLICY AND ADMINISTRATION on Appropriations of both Houses of Congress
cans, and related grants to, and cooperative and For expenses necessary for policy, administra- detailing all the funds reprogrammed between
other agreements with, State and local govern- tion, and related functions in the Office of the programs, projects, activities, or categories of
ments, federally recognized Indian tribes, and Commissioner, the Denver office, and offices in funding. The first quarterly report shall be sub-
others, $1,792,000,000, to remain available until the six regions of the Bureau of Reclamation, to mitted not later than 60 days after the date of
expended, of which $71,217,000 shall be available remain available until September 30, 2023, enactment of this Act.
for transfer to the Upper Colorado River Basin $64,400,000, to be derived from the Reclamation SEC. 202. (a) None of the funds appropriated
Fund and $19,606,000 shall be available for Fund and be nonreimbursable as provided in 43 or otherwise made available by this Act may be
transfer to the Lower Colorado River Basin De- U.S.C. 377: Provided, That no part of any other used to determine the final point of discharge
velopment Fund; of which such amounts as may appropriation in this Act shall be available for for the interceptor drain for the San Luis Unit
be necessary may be advanced to the Colorado activities or functions budgeted as policy and until development by the Secretary of the Inte-
River Dam Fund: Provided, That $40,000,000 administration expenses. rior and the State of California of a plan, which
shall be available for transfer into the Blackfeet shall conform to the water quality standards of
ADMINISTRATIVE PROVISION
Water Settlement Implementation Fund estab- the State of California as approved by the Ad-
lished by section 3717 of Public Law 114–322: Appropriations for the Bureau of Reclamation
ministrator of the Environmental Protection
Provided further, That $1,000,000 shall be avail- shall be available for purchase and replacement
Agency, to minimize any detrimental effect of
able for transfer into the Aging Infrastructure of not to exceed 30 motor vehicles, which are for
the San Luis drainage waters.
Account established by section 9603(d)(1) of the replacement only.
(b) The costs of the Kesterson Reservoir
Omnibus Public Land Management Act of 2009, GENERAL PROVISIONS—DEPARTMENT OF Cleanup Program and the costs of the San Joa-
as amended (43 U.S.C. 510b(d)(1)): Provided fur- THE INTERIOR quin Valley Drainage Program shall be classi-
ther, That such transfers, except for the transfer SEC. 201. (a) None of the funds provided in fied by the Secretary of the Interior as reimburs-
authorized by the preceding proviso, may be in- title II of this Act for Water and Related Re- able or nonreimbursable and collected until
creased or decreased within the overall appro- sources, or provided by previous or subsequent fully repaid pursuant to the ‘‘Cleanup Pro-
priation under this heading: Provided further, appropriations Acts to the agencies or entities gram—Alternative Repayment Plan’’ and the
That of the total appropriated, the amount for funded in title II of this Act for Water and Re- ‘‘SJVDP—Alternative Repayment Plan’’ de-
program activities that can be financed by the lated Resources that remain available for obliga- scribed in the report entitled ‘‘Repayment Re-
Reclamation Fund, the Water Storage Enhance- tion or expenditure in fiscal year 2022, shall be port, Kesterson Reservoir Cleanup Program and
ment Receipts account established by section available for obligation or expenditure through San Joaquin Valley Drainage Program, Feb-
4011(e) of Public Law 114–322, or the Bureau of a reprogramming of funds that— ruary 1995’’, prepared by the Department of the
Reclamation special fee account established by (1) initiates or creates a new program, project, Interior, Bureau of Reclamation. Any future ob-
16 U.S.C. 6806 shall be derived from that Fund or activity; ligations of funds by the United States relating
or account: Provided further, That funds con- (2) eliminates a program, project, or activity; to, or providing for, drainage service or drain-
tributed under 43 U.S.C. 395 are available until (3) increases funds for any program, project, age studies for the San Luis Unit shall be fully
expended for the purposes for which the funds or activity for which funds have been denied or reimbursable by San Luis Unit beneficiaries of
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were contributed: Provided further, That funds restricted by this Act, unless prior approval is such service or studies pursuant to Federal rec-
advanced under 43 U.S.C. 397a shall be credited received from the Committees on Appropriations lamation law.
to this account and are available until expended of both Houses of Congress; SEC. 203. Section 9504(e) of the Omnibus Pub-
for the same purposes as the sums appropriated (4) restarts or resumes any program, project or lic Land Management Act of 2009 (Public Law
under this heading: Provided further, That of activity for which funds are not provided in this 111–11; 42 U.S.C. 10364(e)) is amended by strik-
the amounts made available under this heading, Act, unless prior approval is received from the ing ‘‘$610,000,000’’ and inserting ‘‘$730,000,000’’.
$10,000,000 shall be deposited in the San Gabriel Committees on Appropriations of both Houses of SEC. 204. Title I of Public Law 108–361 (the
Basin Restoration Fund established by section Congress; CALFED Bay-Delta Authorization Act) (118
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H3970 CONGRESSIONAL RECORD — HOUSE July 27, 2021
Stat. 1681) is amended by striking ‘‘2021’’ each FOSSIL ENERGY AND CARBON MANAGEMENT contamination and Decommissioning Fund, to
place it appears and inserting ‘‘2022’’. For Department of Energy expenses necessary remain available until expended, of which
SEC. 205. Section 9106(g)(2) of Public Law 111– in carrying out fossil energy and carbon man- $28,000,000 shall be available in accordance with
11 (Omnibus Public Land Management Act of agement research and development activities, title X, subtitle A, of the Energy Policy Act of
2009) is amended by striking ‘‘2021’’ and insert- under the authority of the Department of En- 1992.
ing ‘‘2022’’. ergy Organization Act (42 U.S.C. 7101 et seq.), SCIENCE
SEC. 206. (a) Section 104(c) of the Reclamation including the acquisition of interest, including For Department of Energy expenses including
States Emergency Drought Relief Act of 1991 defeasible and equitable interests in any real the purchase, construction, and acquisition of
(Public Law 102–250; 43 U.S.C. 2214(c)) is property or any facility or for plant or facility plant and capital equipment, and other ex-
amended by striking ‘‘2021’’ and inserting acquisition or expansion, and for conducting in- penses necessary for science activities in car-
‘‘2022’’. quiries, technological investigations and re- rying out the purposes of the Department of En-
(b) Section 301 of the Reclamation States search concerning the extraction, processing, ergy Organization Act (42 U.S.C. 7101 et seq.),
Emergency Drought Relief Act of 1991 (Public use, and disposal of mineral substances without including the acquisition or condemnation of
Law 102–250; 43 U.S.C. 2241) is amended by objectionable social and environmental costs (30 any real property or any facility or for plant or
striking ‘‘2021’’ and inserting ‘‘2022’’. U.S.C. 3, 1602, and 1603), $820,000,000, to remain facility acquisition, construction, or expansion,
SEC. 207. Section 1101(d) of the Reclamation available until expended: Provided, That of and purchase of not more than 35 passenger
Projects Authorization and Adjustment Act of such amount $65,800,000 shall be available until motor vehicles, including one ambulance, for re-
1992 (Public Law 102–575) is amended by striking September 30, 2023, for program direction. placement only, $7,320,000,000, to remain avail-
‘‘$10,000,000’’ and inserting ‘‘$13,000,000’’. NAVAL PETROLEUM AND OIL SHALE RESERVES able until expended: Provided, That of such
SEC. 208. None of the funds provided in this amount, $202,000,000 shall be available until
For Department of Energy expenses necessary
Act may be used for the Shasta Dam and Res- September 30, 2023, for program direction.
to carry out naval petroleum and oil shale re-
ervoir Enlargement Project. NUCLEAR WASTE DISPOSAL
serve activities, $13,650,000, to remain available
TITLE III until expended: Provided, That notwithstanding For Department of Energy expenses necessary
DEPARTMENT OF ENERGY any other provision of law, unobligated funds for nuclear waste disposal activities to carry out
remaining from prior years shall be available for the purposes of the Nuclear Waste Policy Act of
ENERGY PROGRAMS 1982, Public Law 97–425, as amended, including
all naval petroleum and oil shale reserve activi-
ENERGY EFFICIENCY AND RENEWABLE ENERGY ties. interim storage activities, $27,500,000, to remain
For Department of Energy expenses including available until expended, of which $7,500,000
STRATEGIC PETROLEUM RESERVE
the purchase, construction, and acquisition of shall be derived from the Nuclear Waste Fund.
For Department of Energy expenses necessary TECHNOLOGY TRANSITIONS
plant and capital equipment, and other ex-
for Strategic Petroleum Reserve facility develop-
penses necessary for energy efficiency and re- For Department of Energy expenses necessary
ment and operations and program management
newable energy activities in carrying out the for carrying out the activities of technology
activities pursuant to the Energy Policy and
purposes of the Department of Energy Organi- transitions, $19,470,000, to remain available until
Conservation Act (42 U.S.C. 6201 et seq.),
zation Act (42 U.S.C. 7101 et seq.), including the expended: Provided, That of such amount,
$197,000,000, to remain available until expended.
acquisition or condemnation of any real prop- $8,375,000 shall be available until September 30,
erty or any facility or for plant or facility acqui- SPR PETROLEUM ACCOUNT 2023, for program direction.
sition, construction, or expansion, For the acquisition, transportation, and injec- CLEAN ENERGY DEMONSTRATIONS
$3,768,000,000, to remain available until ex- tion of petroleum products, and for other nec- For Department of Energy expenses, including
pended: Provided, That of such amount, essary expenses pursuant to the Energy Policy the purchase, construction, and acquisition of
$230,000,000 shall be available until September and Conservation Act of 1975, as amended (42 plant and capital equipment and other expenses
30, 2023, for program direction. U.S.C. 6201 et seq.), sections 403 and 404 of the necessary for clean energy demonstrations in
CYBERSECURITY, ENERGY SECURITY, AND Bipartisan Budget Act of 2015 (42 U.S.C. 6241, carrying out the purposes of the Department of
EMERGENCY RESPONSE 6239 note), and section 5010 of the 21st Century Energy Organization Act (42 U.S.C. 7101 et
Cures Act (Public Law 114–255), $7,350,000, to re- seq.), including the acquisition or condemnation
For Department of Energy expenses including main available until expended.
the purchase, construction, and acquisition of of any real property or any facility or for plant
NORTHEAST HOME HEATING OIL RESERVE or facility acquisition, construction, or expan-
plant and capital equipment, and other ex-
penses necessary for energy sector cybersecurity, For Department of Energy expenses necessary sion, $200,000,000, to remain available until ex-
energy security, and emergency response activi- for Northeast Home Heating Oil Reserve storage, pended: Provided, That of such amount,
operation, and management activities pursuant $8,000,000 shall be available until September 30,
ties in carrying out the purposes of the Depart-
to the Energy Policy and Conservation Act (42 2023, for program direction.
ment of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemna- U.S.C. 6201 et seq.), $6,500,000, to remain avail- ADVANCED RESEARCH PROJECTS AGENCY—
tion of any real property or any facility or for able until expended. ENERGY
plant or facility acquisition, construction, or ex- ENERGY INFORMATION ADMINISTRATION For Department of Energy expenses necessary
pansion, $177,000,000, to remain available until For Department of Energy expenses necessary in carrying out the activities authorized by sec-
expended: Provided, That of such amount, in carrying out the activities of the Energy In- tion 5012 of the America COMPETES Act (Pub-
$15,000,000 shall be available until September 30, formation Administration, $129,087,000, to re- lic Law 110–69), $600,000,000, to remain available
2023, for program direction. main available until expended. until expended: Provided, That of such amount,
$48,000,000 shall be available until September 30,
ELECTRICITY NON-DEFENSE ENVIRONMENTAL CLEANUP 2023, for program direction.
For Department of Energy expenses including For Department of Energy expenses, including TITLE 17 INNOVATIVE TECHNOLOGY LOAN
the purchase, construction, and acquisition of the purchase, construction, and acquisition of GUARANTEE PROGRAM
plant and capital equipment, and other ex- plant and capital equipment and other expenses
Such sums as are derived from amounts re-
penses necessary for electricity activities in car- necessary for non-defense environmental clean-
ceived from borrowers pursuant to section
rying out the purposes of the Department of En- up activities in carrying out the purposes of the
1702(b) of the Energy Policy Act of 2005 under
ergy Organization Act (42 U.S.C. 7101 et seq.), Department of Energy Organization Act (42
this heading in prior Acts, shall be collected in
including the acquisition or condemnation of U.S.C. 7101 et seq.), including the acquisition or
accordance with section 502(7) of the Congres-
any real property or any facility or for plant or condemnation of any real property or any facil-
sional Budget Act of 1974: Provided, That for
facility acquisition, construction, or expansion, ity or for plant or facility acquisition, construc-
necessary administrative expenses of the Title 17
$267,000,000, to remain available until expended: tion, or expansion, $333,863,000, to remain avail-
Innovative Technology Loan Guarantee Pro-
Provided, That of such amount, $20,000,000 shall able until expended: Provided, That in addition,
gram, as authorized, $32,000,000 is appropriated,
be available until September 30, 2023, for pro- fees collected pursuant to subsection (b)(1) of
to remain available until September 30, 2023:
gram direction. section 6939f of title 42, United States Code, and
Provided further, That up to $32,000,000 of fees
NUCLEAR ENERGY deposited under this heading in fiscal year 2022
collected in fiscal year 2022 pursuant to section
pursuant to section 309 of title III of division C
For Department of Energy expenses including 1702(h) of the Energy Policy Act of 2005 shall be
of Public Law 116–94 are appropriated, to re-
the purchase, construction, and acquisition of credited as offsetting collections under this
main available until expended, for mercury stor-
plant and capital equipment, and other ex- heading and used for necessary administrative
age costs.
penses necessary for nuclear energy activities in expenses in this appropriation and shall remain
carrying out the purposes of the Department of URANIUM ENRICHMENT DECONTAMINATION AND available until September 30, 2023: Provided fur-
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Energy Organization Act (42 U.S.C. 7101 et DECOMMISSIONING FUND ther, That to the extent that fees collected in fis-
seq.), including the acquisition or condemnation For Department of Energy expenses necessary cal year 2022 exceed $32,000,000, those excess
of any real property or any facility or for plant in carrying out uranium enrichment facility de- amounts shall be credited as offsetting collec-
or facility acquisition, construction, or expan- contamination and decommissioning, remedial tions under this heading and available in future
sion, $1,675,000,000, to remain available until ex- actions, and other activities of title II of the fiscal years only to the extent provided in ad-
pended: Provided, That of such amount, Atomic Energy Act of 1954, and title X, subtitle vance in appropriations Acts: Provided further,
$85,000,000 shall be available until September 30, A, of the Energy Policy Act of 1992, $831,340,000, That the sum herein appropriated from the gen-
2023, for program direction. to be derived from the Uranium Enrichment De- eral fund shall be reduced (1) as such fees are
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3971
received during fiscal year 2022 (estimated at expended: Provided, That of such amount, POWER MARKETING ADMINISTRATIONS
$3,000,000) and (2) to the extent that any re- $117,060,000 shall be available until September BONNEVILLE POWER ADMINISTRATION FUND
maining general fund appropriations can be de- 30, 2023, for program direction.
rived from fees collected in previous fiscal years Expenditures from the Bonneville Power Ad-
DEFENSE NUCLEAR NONPROLIFERATION
that are not otherwise appropriated, so as to re- ministration Fund, established pursuant to Pub-
For Department of Energy expenses, including lic Law 93–454, are approved for the Umatilla
sult in a final fiscal year 2022 appropriation the purchase, construction, and acquisition of
from the general fund estimated at $0: Provided Hatchery Facility project and, in addition, for
plant and capital equipment and other inci- official reception and representation expenses in
further, That the Department of Energy shall dental expenses necessary for defense nuclear
not subordinate any loan obligation to other fi- an amount not to exceed $5,000: Provided, That
nonproliferation activities, in carrying out the during fiscal year 2022, no new direct loan obli-
nancing in violation of section 1702 of the En- purposes of the Department of Energy Organi-
ergy Policy Act of 2005 or subordinate any gations may be made.
zation Act (42 U.S.C. 7101 et seq.), including the
Guaranteed Obligation to any loan or other debt acquisition or condemnation of any real prop- OPERATION AND MAINTENANCE, SOUTHEASTERN
obligations in violation of section 609.10 of title erty or any facility or for plant or facility acqui- POWER ADMINISTRATION
10, Code of Federal Regulations. sition, construction, or expansion, For expenses necessary for operation and
ADVANCED TECHNOLOGY VEHICLES $2,340,000,000, to remain available until ex- maintenance of power transmission facilities
MANUFACTURING LOAN PROGRAM pended. and for marketing electric power and energy, in-
For Department of Energy administrative ex- NAVAL REACTORS cluding transmission wheeling and ancillary
penses necessary in carrying out the Advanced (INCLUDING TRANSFER OF FUNDS) services, pursuant to section 5 of the Flood Con-
Technology Vehicles Manufacturing Loan Pro- trol Act of 1944 (16 U.S.C. 825s), as applied to
gram, $5,000,000, to remain available until Sep- For Department of Energy expenses necessary
the southeastern power area, $7,184,000, includ-
tember 30, 2023. for naval reactors activities to carry out the De-
ing official reception and representation ex-
partment of Energy Organization Act (42 U.S.C.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM penses in an amount not to exceed $1,500, to re-
7101 et seq.), including the acquisition (by pur-
For Department of Energy administrative ex- main available until expended: Provided, That
chase, condemnation, construction, or other-
penses necessary in carrying out the Tribal En- notwithstanding 31 U.S.C. 3302 and section 5 of
wise) of real property, plant, and capital equip-
ergy Loan Guarantee Program, $2,000,000, to re- the Flood Control Act of 1944, up to $7,184,000
ment, facilities, and facility expansion,
main available until September 30, 2023. collected by the Southeastern Power Adminis-
$1,866,705,000, to remain available until ex-
tration from the sale of power and related serv-
INDIAN ENERGY POLICY AND PROGRAMS pended, of which, $92,747,000 shall be trans-
ices shall be credited to this account as discre-
For necessary expenses for Indian Energy ac- ferred to ‘‘Department of Energy—Energy Pro-
tionary offsetting collections, to remain avail-
tivities in carrying out the purposes of the De- grams—Nuclear Energy’’, for the Advanced Test
able until expended for the sole purpose of fund-
partment of Energy Organization Act (42 U.S.C. Reactor: Provided, That of such amount,
ing the annual expenses of the Southeastern
7101 et seq.), $70,000,000, to remain available $55,579,000 shall be available until September 30,
Power Administration: Provided further, That
until expended: Provided, That of the amount 2023, for program direction.
the sum herein appropriated for annual ex-
appropriated under this heading, $5,523,000 FEDERAL SALARIES AND EXPENSES penses shall be reduced as collections are re-
shall be available until September 30, 2023, for For expenses necessary for Federal Salaries ceived during the fiscal year so as to result in a
program direction. and Expenses in the National Nuclear Security final fiscal year 2022 appropriation estimated at
DEPARTMENTAL ADMINISTRATION Administration, $464,000,000, to remain available not more than $0: Provided further, That not-
For salaries and expenses of the Department until September 30, 2023, including official re- withstanding 31 U.S.C. 3302, up to $53,000,000
of Energy necessary for departmental adminis- ception and representation expenses not to ex- collected by the Southeastern Power Adminis-
tration in carrying out the purposes of the De- ceed $17,000. tration pursuant to the Flood Control Act of
partment of Energy Organization Act (42 U.S.C. ENVIRONMENTAL AND OTHER DEFENSE 1944 to recover purchase power and wheeling ex-
7101 et seq.), $372,578,000, to remain available ACTIVITIES penses shall be credited to this account as off-
until September 30, 2023, including the hire of DEFENSE ENVIRONMENTAL CLEANUP setting collections, to remain available until ex-
passenger motor vehicles and official reception pended for the sole purpose of making purchase
For Department of Energy expenses, including power and wheeling expenditures: Provided fur-
and representation expenses not to exceed the purchase, construction, and acquisition of
$30,000, plus such additional amounts as nec- ther, That for purposes of this appropriation,
plant and capital equipment and other expenses annual expenses means expenditures that are
essary to cover increases in the estimated necessary for atomic energy defense environ-
amount of cost of work for others notwith- generally recovered in the same year that they
mental cleanup activities in carrying out the are incurred (excluding purchase power and
standing the provisions of the Anti-Deficiency purposes of the Department of Energy Organi-
Act (31 U.S.C. 1511 et seq.): Provided, That such wheeling expenses).
zation Act (42 U.S.C. 7101 et seq.), including the
increases in cost of work are offset by revenue acquisition or condemnation of any real prop- OPERATION AND MAINTENANCE, SOUTHWESTERN
increases of the same or greater amount: Pro- erty or any facility or for plant or facility acqui- POWER ADMINISTRATION
vided further, That moneys received by the De- sition, construction, or expansion, and the pur- For expenses necessary for operation and
partment for miscellaneous revenues estimated chase of not to exceed one passenger minivan maintenance of power transmission facilities
to total $100,578,000 in fiscal year 2022 may be for replacement only, $6,592,000,000, to remain and for marketing electric power and energy, for
retained and used for operating expenses within available until expended: Provided, That of construction and acquisition of transmission
this account, as authorized by section 201 of such amount, $300,207,000 shall be available lines, substations and appurtenant facilities,
Public Law 95–238, notwithstanding the provi- until September 30, 2023, for program direction. and for administrative expenses, including offi-
sions of 31 U.S.C. 3302: Provided further, That cial reception and representation expenses in an
DEFENSE URANIUM ENRICHMENT
the sum herein appropriated shall be reduced as amount not to exceed $1,500 in carrying out sec-
DECONTAMINATION AND DECOMMISSIONING
collections are received during the fiscal year so tion 5 of the Flood Control Act of 1944 (16 U.S.C.
as to result in a final fiscal year 2022 appropria- (INCLUDING TRANSFER OF FUNDS)
825s), as applied to the Southwestern Power Ad-
tion from the general fund estimated at not more For an additional amount for atomic energy
ministration, $48,324,000, to remain available
than $272,000,000. defense environmental cleanup activities for De-
until expended: Provided, That notwithstanding
OFFICE OF THE INSPECTOR GENERAL partment of Energy contributions for uranium
31 U.S.C. 3302 and section 5 of the Flood Control
enrichment decontamination and decommis-
For expenses necessary for the Office of the Act of 1944 (16 U.S.C. 825s), up to $37,924,000
sioning activities, $831,340,000, to be deposited
Inspector General in carrying out the provisions collected by the Southwestern Power Adminis-
into the Defense Environmental Cleanup ac-
of the Inspector General Act of 1978, $78,000,000, tration from the sale of power and related serv-
count, which shall be transferred to the Ura-
to remain available until September 30, 2023. ices shall be credited to this account as discre-
nium Enrichment Decontamination and Decom-
ATOMIC ENERGY DEFENSE ACTIVITIES tionary offsetting collections, to remain avail-
missioning Fund.
able until expended, for the sole purpose of
NATIONAL NUCLEAR SECURITY OTHER DEFENSE ACTIVITIES funding the annual expenses of the South-
ADMINISTRATION
For Department of Energy expenses, including western Power Administration: Provided fur-
WEAPONS ACTIVITIES the purchase, construction, and acquisition of ther, That the sum herein appropriated for an-
For Department of Energy expenses, including plant and capital equipment and other ex- nual expenses shall be reduced as collections are
the purchase, construction, and acquisition of penses, necessary for atomic energy defense, received during the fiscal year so as to result in
plant and capital equipment and other inci- other defense activities, and classified activities, a final fiscal year 2022 appropriation estimated
dental expenses necessary for atomic energy de- in carrying out the purposes of the Department at not more than $10,400,000: Provided further,
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fense weapons activities in carrying out the pur- of Energy Organization Act (42 U.S.C. 7101 et That notwithstanding 31 U.S.C. 3302, up to
poses of the Department of Energy Organization seq.), including the acquisition or condemnation $18,000,000 collected by the Southwestern Power
Act (42 U.S.C. 7101 et seq.), including the acqui- of any real property or any facility or for plant Administration pursuant to the Flood Control
sition or condemnation of any real property or or facility acquisition, construction, or expan- Act of 1944 to recover purchase power and
any facility or for plant or facility acquisition, sion, $932,000,000, to remain available until ex- wheeling expenses shall be credited to this ac-
construction, or expansion, and the purchase of pended: Provided, That of such amount, count as offsetting collections, to remain avail-
not to exceed one ambulance, for replacement $317,636,000 shall be available until September able until expended for the sole purpose of mak-
only, $15,484,295,000, to remain available until 30, 2023, for program direction. ing purchase power and wheeling expenditures:
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H3972 CONGRESSIONAL RECORD — HOUSE July 27, 2021
Provided further, That for purposes of this ap- such purpose: Provided further, That any such ergy—Energy Programs’’, enter into a multiyear
propriation, annual expenses means expendi- funds shall be available without further appro- contract, award a multiyear grant, or enter into
tures that are generally recovered in the same priation and without fiscal year limitation for a multiyear cooperative agreement unless—
year that they are incurred (excluding purchase use by the Commissioner of the United States (1) the contract, grant, or cooperative agree-
power and wheeling expenses). Section of the International Boundary and ment is funded for the full period of perform-
CONSTRUCTION, REHABILITATION, OPERATION Water Commission for the sole purpose of oper- ance as anticipated at the time of award; or
AND MAINTENANCE, WESTERN AREA POWER ating, maintaining, repairing, rehabilitating, re- (2) the contract, grant, or cooperative agree-
ADMINISTRATION placing, or upgrading the hydroelectric facilities ment includes a clause conditioning the Federal
For carrying out the functions authorized by at these Dams in accordance with agreements Government’s obligation on the availability of
title III, section 302(a)(1)(E) of the Act of Au- reached between the Administrator, Commis- future year budget authority and the Secretary
gust 4, 1977 (42 U.S.C. 7152), and other related sioner, and the power customers. notifies the Committees on Appropriations of
activities including conservation and renewable FEDERAL ENERGY REGULATORY COMMISSION both Houses of Congress at least 3 days in ad-
resources programs as authorized, $285,237,000, vance.
SALARIES AND EXPENSES (d) Except as provided in subsections (e), (f),
including official reception and representation
For expenses necessary for the Federal Energy and (g), the amounts made available by this title
expenses in an amount not to exceed $1,500, to
Regulatory Commission to carry out the provi- shall be expended as authorized by law for the
remain available until expended, of which
sions of the Department of Energy Organization programs, projects, and activities specified in
$285,237,000 shall be derived from the Depart-
Act (42 U.S.C. 7101 et seq.), including services as the ‘‘Bill’’ column in the ‘‘Department of En-
ment of the Interior Reclamation Fund: Pro-
vided, That notwithstanding 31 U.S.C. 3302, sec- authorized by 5 U.S.C. 3109, official reception ergy’’ table included under the heading ‘‘Title
tion 5 of the Flood Control Act of 1944 (16 U.S.C. and representation expenses not to exceed III—Department of Energy’’ in the report ac-
825s), and section 1 of the Interior Department $3,000, and the hire of passenger motor vehicles, companying this Act.
Appropriation Act, 1939 (43 U.S.C. 392a), up to $466,426,000, to remain available until expended: (e) The amounts made available by this title
$194,465,000 collected by the Western Area Power Provided, That notwithstanding any other pro- may be reprogrammed for any program, project,
Administration from the sale of power and re- vision of law, not to exceed $466,426,000 of reve- or activity, and the Department shall notify the
lated services shall be credited to this account as nues from fees and annual charges, and other Committees on Appropriations of both Houses of
discretionary offsetting collections, to remain services and collections in fiscal year 2022 shall Congress at least 30 days prior to the use of any
available until expended, for the sole purpose of be retained and used for expenses necessary in proposed reprogramming that would cause any
funding the annual expenses of the Western this account, and shall remain available until program, project, or activity funding level to in-
Area Power Administration: Provided further, expended: Provided further, That the sum here- crease or decrease by more than $5,000,000 or 10
That the sum herein appropriated for annual in appropriated from the general fund shall be percent, whichever is less, during the time pe-
expenses shall be reduced as collections are re- reduced as revenues are received during fiscal riod covered by this Act.
ceived during the fiscal year so as to result in a year 2022 so as to result in a final fiscal year (f) None of the funds provided in this title
final fiscal year 2022 appropriation estimated at 2022 appropriation from the general fund esti- shall be available for obligation or expenditure
not more than $90,772,000, of which $90,772,000 mated at not more than $0. through a reprogramming of funds that—
is derived from the Reclamation Fund: Provided GENERAL PROVISIONS—DEPARTMENT OF (1) creates, initiates, or eliminates a program,
further, That notwithstanding 31 U.S.C. 3302, ENERGY project, or activity;
up to $170,000,000 collected by the Western Area (2) increases funds or personnel for any pro-
(INCLUDING TRANSFERS AND RESCISSIONS OF
Power Administration pursuant to the Flood gram, project, or activity for which funds are
FUNDS)
Control Act of 1944 and the Reclamation Project denied or restricted by this Act; or
SEC. 301. (a) No appropriation, funds, or au- (3) reduces funds that are directed to be used
Act of 1939 to recover purchase power and thority made available by this title for the De-
wheeling expenses shall be credited to this ac- for a specific program, project, or activity by
partment of Energy shall be used to initiate or this Act.
count as offsetting collections, to remain avail- resume any program, project, or activity or to (g)(1) The Secretary of Energy may waive any
able until expended for the sole purpose of mak- prepare or initiate Requests For Proposals or requirement or restriction in this section that
ing purchase power and wheeling expenditures: similar arrangements (including Requests for applies to the use of funds made available for
Provided further, That for purposes of this ap- Quotations, Requests for Information, and the Department of Energy if compliance with
propriation, annual expenses means expendi- Funding Opportunity Announcements) for a such requirement or restriction would pose a
tures that are generally recovered in the same program, project, or activity if the program, substantial risk to human health, the environ-
year that they are incurred (excluding purchase project, or activity has not been funded by Con- ment, welfare, or national security.
power and wheeling expenses). gress. (2) The Secretary of Energy shall notify the
FALCON AND AMISTAD OPERATING AND (b)(1) Unless the Secretary of Energy notifies Committees on Appropriations of both Houses of
MAINTENANCE FUND the Committees on Appropriations of both Congress of any waiver under paragraph (1) as
For operation, maintenance, and emergency Houses of Congress at least 3 full business days soon as practicable, but not later than 3 days
costs for the hydroelectric facilities at the Fal- in advance, none of the funds made available in after the date of the activity to which a require-
con and Amistad Dams, $5,808,000, to remain this title may be used to— ment or restriction would otherwise have ap-
available until expended, and to be derived from (A) make or modify a grant allocation or dis- plied. Such notice shall include an explanation
the Falcon and Amistad Operating and Mainte- cretionary grant award totaling $1,000,000 or of the substantial risk under paragraph (1) that
nance Fund of the Western Area Power Admin- more; permitted such waiver.
istration, as provided in section 2 of the Act of (B) make or modify a discretionary contract (h) The unexpended balances of prior appro-
June 18, 1954 (68 Stat. 255): Provided, That not- award or Other Transaction Agreement totaling priations provided for activities in this Act may
withstanding the provisions of that Act and of $1,000,000 or more, including a contract covered be available to the same appropriation accounts
31 U.S.C. 3302, up to $5,580,000 collected by the by the Federal Acquisition Regulation; for such activities established pursuant to this
Western Area Power Administration from the (C) issue a letter of intent to make or modify title. Available balances may be merged with
sale of power and related services from the Fal- an allocation, award, or Agreement in excess of funds in the applicable established accounts
con and Amistad Dams shall be credited to this the limits in subparagraph (A) or (B); or and thereafter may be accounted for as one
account as discretionary offsetting collections, (D) announce publicly the intention to make fund for the same time period as originally en-
to remain available until expended for the sole or modify an allocation, award, or Agreement in acted.
purpose of funding the annual expenses of the excess of the limits in subparagraph (A) or (B). SEC. 302. Funds appropriated by this or any
hydroelectric facilities of these Dams and associ- (2) The Secretary of Energy shall submit di- other Act, or made available by the transfer of
ated Western Area Power Administration activi- rectly to the Committees on Appropriations of funds in this Act, for intelligence activities are
ties: Provided further, That the sum herein ap- both Houses of Congress within 15 days of the deemed to be specifically authorized by the Con-
propriated for annual expenses shall be reduced conclusion of each quarter a report detailing gress for purposes of section 504 of the National
as collections are received during the fiscal year each grant allocation or discretionary grant Security Act of 1947 (50 U.S.C. 3094) during fis-
so as to result in a final fiscal year 2022 appro- award totaling less than $1,000,000 provided or cal year 2022 until the enactment of the Intel-
priation estimated at not more than $228,000: modified during the previous quarter. ligence Authorization Act for fiscal year 2022.
Provided further, That for purposes of this ap- (3) The notification required by paragraph (1) SEC. 303. None of the funds made available in
propriation, annual expenses means expendi- and the report required by paragraph (2) shall this title shall be used for the construction of fa-
tures that are generally recovered in the same include the recipient of the award, the amount cilities classified as high-hazard nuclear facili-
year that they are incurred: Provided further, of the award, the fiscal year for which the ties under 10 CFR Part 830 unless independent
That for fiscal year 2022, the Administrator of funds for the award were appropriated, the ac- oversight is conducted by the Office of Enter-
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the Western Area Power Administration may ac- count and program, project, or activity from prise Assessments to ensure the project is in
cept up to $1,737,000 in funds contributed by which the funds are being drawn, the title of compliance with nuclear safety requirements.
United States power customers of the Falcon the award, and a brief description of the activ- SEC. 304. None of the funds made available in
and Amistad Dams for deposit into the Falcon ity for which the award is made. this title may be used to approve critical deci-
and Amistad Operating and Maintenance Fund, (c) The Department of Energy may not, with sion-2 or critical decision-3 under Department of
and such funds shall be available for the pur- respect to any program, project, or activity that Energy Order 413.3B, or any successive depart-
pose for which contributed in like manner as if uses budget authority made available in this mental guidance, for construction projects
said sums had been specifically appropriated for title under the heading ‘‘Department of En- where the total project cost exceeds $100,000,000,
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3973
until a separate independent cost estimate has and acquisition of plant and capital equipment 2022 appropriation estimated at not more than
been developed for the project for that critical as necessary and other expenses, $15,000,000, to $2,357,000: Provided further, That of the
decision. remain available until expended, notwith- amounts appropriated under this heading,
SEC. 305. Notwithstanding section 161 of the standing the limitations contained in section $1,146,000 shall be for Inspector General services
Energy Policy and Conservation Act (42 U.S.C. 306(g) of the Denali Commission Act of 1998: for the Defense Nuclear Facilities Safety Board.
6241), upon a determination by the President in Provided, That funds shall be available for con- NUCLEAR WASTE TECHNICAL REVIEW BOARD
this fiscal year that a regional supply shortage struction projects for which the Denali Commis- SALARIES AND EXPENSES
of refined petroleum product of significant scope sion is the sole or primary funding source in an For expenses necessary for the Nuclear Waste
and duration exists, that a severe increase in amount not to exceed 80 percent of total project Technical Review Board, as authorized by Pub-
the price of refined petroleum product will likely cost for distressed communities, as defined by lic Law 100–203, section 5051, $3,800,000, to be
result from such shortage, and that a draw section 307 of the Denali Commission Act of 1998 derived from the Nuclear Waste Fund, to remain
down and sale of refined petroleum product (division C, title III, Public Law 105–277), as available until September 30, 2023.
would assist directly and significantly in reduc- amended by section 701 of appendix D, title VII,
GENERAL PROVISIONS—INDEPENDENT
ing the adverse impact of such shortage, the Public Law 106–113 (113 Stat. 1501A–280), and
AGENCIES
Secretary of Energy may draw down and sell re- an amount not to exceed 50 percent for non-dis-
fined petroleum product from the Strategic Pe- tressed communities: Provided further, That SEC. 401. The Nuclear Regulatory Commission
troleum Reserve. Proceeds from a sale under this notwithstanding any other provision of law re- shall comply with the July 5, 2011, version of
section shall be deposited into the SPR Petro- garding payment of a non-Federal share in con- Chapter VI of its Internal Commission Proce-
leum Account established in section 167 of the nection with a grant-in-aid program, amounts dures when responding to Congressional re-
Energy Policy and Conservation Act (42 U.S.C. under this heading shall be available for the quests for information, consistent with Depart-
6247), and such amounts shall be available for payment of such a non-Federal share for any ment of Justice guidance for all Federal agen-
obligation, without fiscal year limitation, con- project for which the Denali Commission is not cies.
sistent with that section. SEC. 402. (a) The amounts made available by
the sole or primary funding source, provided
SEC. 306. No funds shall be transferred di- this title for the Nuclear Regulatory Commission
that such project is consistent with the purposes
rectly from ‘‘Department of Energy—Power may be reprogrammed for any program, project,
of the Commission.
Marketing Administration—Colorado River Ba- or activity, and the Commission shall notify the
NORTHERN BORDER REGIONAL COMMISSION Committees on Appropriations of both Houses of
sins Power Marketing Fund, Western Area
For expenses necessary for the Northern Bor- Congress at least 30 days prior to the use of any
Power Administration’’ to the general fund of
der Regional Commission in carrying out activi- proposed reprogramming that would cause any
the Treasury in the current fiscal year.
ties authorized by subtitle V of title 40, United program funding level to increase or decrease by
SEC. 307. (a) Of the unobligated balances
States Code, $32,000,000, to remain available more than $500,000 or 10 percent, whichever is
available to the Department of Energy from
until expended: Provided, That such amounts less, during the time period covered by this Act.
amounts appropriated in prior Acts, the fol-
shall be available for administrative expenses, (b)(1) The Nuclear Regulatory Commission
lowing funds are hereby rescinded from the fol-
notwithstanding section 15751(b) of title 40, may waive the notification requirement in sub-
lowing accounts and programs in the specified
United States Code. section (a) if compliance with such requirement
amounts—
(1) ‘‘Defense Nuclear Nonproliferation’’ for SOUTHEAST CRESCENT REGIONAL COMMISSION would pose a substantial risk to human health,
the construction project ‘‘99–D–143’’, For expenses necessary for the Southeast the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall
$330,000,000; and Crescent Regional Commission in carrying out
(2) ‘‘Naval Reactors’’, $6,000,000. notify the Committees on Appropriations of both
activities authorized by subtitle V of title 40,
(b) No amounts may be rescinded under sub- Houses of Congress of any waiver under para-
United States Code, $2,500,000, to remain avail-
section (a) from amounts that were previously graph (1) as soon as practicable, but not later
able until expended.
designated by the Congress as an emergency re- than 3 days after the date of the activity to
SOUTHWEST BORDER REGIONAL COMMISSION which a requirement or restriction would other-
quirement pursuant to a concurrent resolution
For expenses necessary for the Southwest Bor- wise have applied. Such notice shall include an
on the budget or the Balanced Budget and
der Regional Commission in carrying out activi- explanation of the substantial risk under para-
Emergency Deficit Control Act of 1985.
ties authorized by subtitle V of title 40, United graph (1) that permitted such waiver and shall
SEC. 308. All unavailable collections currently
States Code, $2,500,000, to remain available until provide a detailed report to the Committees of
in the United States Enrichment Corporation
expended. such waiver and changes to funding levels to
Fund shall be transferred to and merged with
the Uranium Enrichment Decontamination and NUCLEAR REGULATORY COMMISSION programs, projects, or activities.
(c) Except as provided in subsections (a), (b),
Decommissioning Fund and shall be available SALARIES AND EXPENSES
and (d), the amounts made available by this
only to the to the extent provided in advance in For expenses necessary for the Commission in title for ‘‘Nuclear Regulatory Commission—Sala-
appropriations Acts. carrying out the purposes of the Energy Reorga- ries and Expenses’’ shall be expended as di-
TITLE IV nization Act of 1974 and the Atomic Energy Act rected in the report accompanying this Act.
INDEPENDENT AGENCIES of 1954, $873,901,000, including official represen- (d) None of the funds provided for the Nuclear
tation expenses not to exceed $25,000, to remain Regulatory Commission shall be available for
APPALACHIAN REGIONAL COMMISSION
available until expended: Provided, That of the obligation or expenditure through a reprogram-
For expenses necessary to carry out the pro- amount appropriated herein, not more than
grams authorized by the Appalachian Regional ming of funds that increases funds or personnel
$9,500,000 may be made available for salaries, for any program, project, or activity for which
Development Act of 1965, as amended, notwith- travel, and other support costs for the Office of
standing 40 U.S.C. 14704, and for expenses nec- funds are denied or restricted by this Act.
the Commission, to remain available until Sep- (e) The Commission shall provide a monthly
essary for the Federal Co-Chairman and the Al- tember 30, 2023: Provided further, That revenues report to the Committees on Appropriations of
ternate on the Appalachian Regional Commis- from licensing fees, inspection services, and both Houses of Congress, which includes the fol-
sion, for payment of the Federal share of the other services and collections estimated at lowing for each program, project, or activity, in-
administrative expenses of the Commission, in- $745,258,000 in fiscal year 2022 shall be retained cluding any prior year appropriations—
cluding services as authorized by 5 U.S.C. 3109, and used for necessary salaries and expenses in (1) total budget authority;
and hire of passenger motor vehicles, this account, notwithstanding 31 U.S.C. 3302, (2) total unobligated balances; and
$210,000,000, to remain available until expended. and shall remain available until expended: Pro- (3) total unliquidated obligations.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD vided further, That the sum herein appropriated TITLE V
SALARIES AND EXPENSES shall be reduced by the amount of revenues re- GENERAL PROVISIONS
For expenses necessary for the Defense Nu- ceived during fiscal year 2022 so as to result in (INCLUDING TRANSFER OF FUNDS)
clear Facilities Safety Board in carrying out ac- a final fiscal year 2022 appropriation estimated
SEC. 501. None of the funds appropriated by
tivities authorized by the Atomic Energy Act of at not more than $128,643,000.
this Act may be used in any way, directly or in-
1954, as amended by Public Law 100–456, section OFFICE OF INSPECTOR GENERAL directly, to influence congressional action on
1441, $31,000,000, to remain available until Sep- For expenses necessary for the Office of In- any legislation or appropriation matters pend-
tember 30, 2023. spector General in carrying out the provisions of ing before Congress, other than to communicate
DELTA REGIONAL AUTHORITY the Inspector General Act of 1978, $13,799,000, to to Members of Congress as described in 18 U.S.C.
SALARIES AND EXPENSES remain available until September 30, 2023: Pro- 1913.
vided, That revenues from licensing fees, inspec- SEC. 502. (a) None of the funds made available
For expenses necessary for the Delta Regional tion services, and other services and collections in title III of this Act may be transferred to any
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Authority and to carry out its activities, as au- estimated at $11,442,000 in fiscal year 2022 shall department, agency, or instrumentality of the
thorized by the Delta Regional Authority Act of be retained and be available until September 30, United States Government, except pursuant to a
2000, notwithstanding sections 382F(d), 382M, 2023, for necessary salaries and expenses in this transfer made by or transfer authority provided
and 382N of said Act, $30,000,000, to remain account, notwithstanding section 3302 of title in this Act or any other appropriations Act for
available until expended. 31, United States Code: Provided further, That any fiscal year, transfer authority referenced in
DENALI COMMISSION the sum herein appropriated shall be reduced by the report accompanying this Act, or any au-
For expenses necessary for the Denali Com- the amount of revenues received during fiscal thority whereby a department, agency, or in-
mission including the purchase, construction, year 2022 so as to result in a final fiscal year strumentality of the United States Government
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H3974 CONGRESSIONAL RECORD — HOUSE July 27, 2021
may provide goods or services to another depart- (D) the development and implementation of authority provided in this Act: Provided further,
ment, agency, or instrumentality. programs within the Office of Cybersecurity and That none of the funds appropriated under this
(b) None of the funds made available for any Critical Infrastructure Protection, including en- heading shall be used to support or supplement
department, agency, or instrumentality of the tering into cooperative agreements; ‘‘Internal Revenue Service, Operations Sup-
United States Government may be transferred to (E) operations and maintenance of facilities; port’’ or ‘‘Internal Revenue Service, Business
accounts funded in title III of this Act, except and Systems Modernization’’.
pursuant to a transfer made by or transfer au- (F) international operations. OFFICE OF INSPECTOR GENERAL
thority provided in this Act or any other appro- COMMITTEE ON FOREIGN INVESTMENT IN THE SALARIES AND EXPENSES
priations Act for any fiscal year, transfer au- UNITED STATES FUND
thority referenced in the report accompanying For necessary expenses of the Office of In-
(INCLUDING TRANSFER OF FUNDS) spector General in carrying out the provisions of
this Act, or any authority whereby a depart-
ment, agency, or instrumentality of the United For necessary expenses of the Committee on the Inspector General Act of 1978, $42,362,000,
States Government may provide goods or serv- Foreign Investment in the United States, including hire of passenger motor vehicles; of
ices to another department, agency, or instru- $20,000,000, to remain available until expended: which not to exceed $100,000 shall be available
mentality. Provided, That the chairperson of the Com- for unforeseen emergencies of a confidential na-
(c) The head of any relevant department or mittee may transfer such amounts to any de- ture, to be allocated and expended under the di-
agency funded in this Act utilizing any transfer partment or agency represented on the Com- rection of the Inspector General of the Treasury;
authority shall submit to the Committees on Ap- mittee (including the Department of the Treas- of which up to $2,800,000 to remain available
propriations of both Houses of Congress a semi- ury) subject to advance notification to the Com- until September 30, 2023, shall be for audits and
annual report detailing the transfer authorities, mittees on Appropriations of the House of Rep- investigations conducted pursuant to section
except for any authority whereby a department, resentatives and the Senate: Provided further, 1608 of the Resources and Ecosystems Sustain-
agency, or instrumentality of the United States That amounts so transferred shall remain avail- ability, Tourist Opportunities, and Revived
Government may provide goods or services to able until expended for expenses of imple- Economies of the Gulf Coast States Act of 2012
another department, agency, or instrumentality, menting section 721 of the Defense Production (33 U.S.C. 1321 note); and of which not to exceed
used in the previous 6 months and in the year- Act of 1950, as amended (50 U.S.C. 4565), and $1,000 shall be available for official reception
to-date. This report shall include the amounts shall be available in addition to any other funds and representation expenses.
transferred and the purposes for which they available to any department or agency: Pro- TREASURY INSPECTOR GENERAL FOR TAX
were transferred, and shall not replace or mod- vided further, That fees authorized by section ADMINISTRATION
ify existing notification requirements for each 721(p) of such Act shall be credited to this ap-
SALARIES AND EXPENSES
authority. propriation as offsetting collections: Provided
further, That the total amount appropriated For necessary expenses of the Treasury In-
SEC. 503. None of the funds made available by
under this heading from the general fund shall spector General for Tax Administration in car-
this Act may be used in contravention of Execu-
be reduced as such offsetting collections are re- rying out the Inspector General Act of 1978, as
tive Order No. 12898 of February 11, 1994 (Fed-
ceived during fiscal year 2022, so as to result in amended, including purchase and hire of pas-
eral Actions to Address Environmental Justice
a total appropriation from the general fund esti- senger motor vehicles (31 U.S.C. 1343(b)); and
in Minority Populations and Low-Income Popu-
mated at not more than $0. services authorized by 5 U.S.C. 3109, at such
lations).
SEC. 504. (a) None of the funds made available rates as may be determined by the Inspector
OFFICE OF TERRORISM AND FINANCIAL
in this Act may be used to maintain or establish General for Tax Administration; $175,762,000, of
INTELLIGENCE
a computer network unless such network blocks which $5,000,000 shall remain available until
SALARIES AND EXPENSES September 30, 2023; of which not to exceed
the viewing, downloading, and exchanging of
For the necessary expenses of the Office of $6,000,000 shall be available for official travel
pornography.
Terrorism and Financial Intelligence to safe- expenses; of which not to exceed $500,000 shall
(b) Nothing in subsection (a) shall limit the
guard the financial system against illicit use be available for unforeseen emergencies of a
use of funds necessary for any Federal, State,
and to combat rogue nations, terrorist confidential nature, to be allocated and ex-
Tribal, or local law enforcement agency or any
facilitators, weapons of mass destruction pended under the direction of the Inspector
other entity carrying out criminal investiga-
proliferators, human rights abusers, money General for Tax Administration; and of which
tions, prosecution, or adjudication activities.
This division may be cited as the ‘‘Energy and launderers, drug kingpins, and other national not to exceed $1,500 shall be available for offi-
Water Development and Related Agencies Ap- security threats, $185,192,000, of which not less cial reception and representation expenses.
propriations Act, 2022’’. than $3,000,000 shall be available for addressing SPECIAL INSPECTOR GENERAL FOR THE TROUBLED
human rights violations and corruption, includ- ASSET RELIEF PROGRAM
DIVISION D—FINANCIAL SERVICES AND
ing activities authorized by the Global
GENERAL GOVERNMENT APPROPRIA- SALARIES AND EXPENSES
Magnitsky Human Rights Accountability Act
TIONS ACT, 2022 For necessary expenses of the Office of the
(22 U.S.C. 2656 note): Provided, That of the
TITLE I amounts appropriated under this heading, up to Special Inspector General in carrying out the
DEPARTMENT OF THE TREASURY $10,000,000 shall remain available until Sep- provisions of the Emergency Economic Stabiliza-
DEPARTMENTAL OFFICES tember 30, 2023. tion Act of 2008 (Public Law 110–343),
$17,000,000.
SALARIES AND EXPENSES CYBERSECURITY ENHANCEMENT ACCOUNT
FINANCIAL CRIMES ENFORCEMENT NETWORK
For necessary expenses of the Departmental For salaries and expenses for enhanced cyber-
Offices including operation and maintenance of security for systems operated by the Department SALARIES AND EXPENSES
the Treasury Building and Freedman’s Bank of the Treasury, $132,027,000, to remain avail- For necessary expenses of the Financial
Building; hire of passenger motor vehicles; able until September 30, 2024: Provided, That Crimes Enforcement Network, including hire of
maintenance, repairs, and improvements of, and such funds shall supplement and not supplant passenger motor vehicles; travel and training ex-
purchase of commercial insurance policies for, any other amounts made available to the Treas- penses of non-Federal and foreign government
real properties leased or owned overseas, when ury offices and bureaus for cybersecurity: Pro- personnel to attend meetings and training con-
necessary for the performance of official busi- vided further, That of the total amount made cerned with domestic and foreign financial in-
ness; executive direction program activities; available under this heading $4,000,000 shall be telligence activities, law enforcement, and fi-
international affairs and economic policy activi- available for administrative expenses for the nancial regulation; services authorized by 5
ties; domestic finance and tax policy activities, Treasury Chief Information Officer to provide U.S.C. 3109; not to exceed $30,000 for official re-
including technical assistance to State, local, oversight of the investments made under this ception and representation expenses; and for as-
and territorial entities; and Treasury-wide man- heading: Provided further, That such funds sistance to Federal law enforcement agencies,
agement policies and programs activities, shall supplement and not supplant any other with or without reimbursement, $190,539,000, of
$270,669,000: Provided, That of the amount ap- amounts made available to the Treasury Chief which not to exceed $55,000,000 shall remain
propriated under this heading— Information Officer. available until September 30, 2024.
(1) not to exceed $350,000 is for official recep- DEPARTMENT-WIDE SYSTEMS AND CAPITAL BUREAU OF THE FISCAL SERVICE
tion and representation expenses; INVESTMENTS PROGRAMS SALARIES AND EXPENSES
(2) not to exceed $258,000 is for unforeseen
(INCLUDING TRANSFER OF FUNDS) For necessary expenses of operations of the
emergencies of a confidential nature to be allo-
cated and expended under the direction of the For development and acquisition of automatic Bureau of the Fiscal Service, $360,266,000; of
Secretary of the Treasury and to be accounted data processing equipment, software, and serv- which not to exceed $8,000,000, to remain avail-
for solely on the Secretary’s certificate; and ices and for repairs and renovations to buildings able until September 30, 2024, is for information
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(3) not to exceed $34,000,000 shall remain owned by the Department of the Treasury, systems modernization initiatives; and of which
available until September 30, 2023, for— $6,118,000, to remain available until September $5,000 shall be available for official reception
(A) the Treasury-wide Financial Statement 30, 2024: Provided, That these funds shall be and representation expenses.
Audit and Internal Control Program; transferred to accounts and in amounts as nec- In addition, $165,000, to be derived from the
(B) information technology modernization re- essary to satisfy the requirements of the Depart- Oil Spill Liability Trust Fund to reimburse ad-
quirements; ment’s offices, bureaus, and other organiza- ministrative and personnel expenses for finan-
(C) the audit, oversight, and administration of tions: Provided further, That this transfer au- cial management of the Fund, as authorized by
the Gulf Coast Restoration Trust Fund; thority shall be in addition to any other transfer section 1012 of Public Law 101–380.
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3975
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU nancial Assistance awards to organizations that 2010 Island Areas Decennial Censuses, or equiv-
SALARIES AND EXPENSES invest and lend in high-poverty areas: Provided alent data, of the Bureau of the Census.
For necessary expenses of carrying out section further, That for purposes of this section, the INTERNAL REVENUE SERVICE
1111 of the Homeland Security Act of 2002, in- term ‘‘high-poverty area’’ means any census TAXPAYER SERVICES
cluding hire of passenger motor vehicles, tract with a poverty rate of at least 20 percent
as measured by the 2011–2015 5-year data series For necessary expenses of the Internal Rev-
$131,330,000; of which not to exceed $6,000 shall enue Service to provide taxpayer services, in-
available from the American Community Survey
be available for official reception and represen- cluding pre-filing assistance and education, fil-
of the Bureau of the Census for all States and
tation expenses; and of which not to exceed ing and account services, taxpayer advocacy
Puerto Rico or with a poverty rate of at least 20
$50,000 shall be available for cooperative re- services, and other services as authorized by 5
percent as measured by the 2010 Island areas
search and development programs for laboratory U.S.C. 3109, at such rates as may be determined
Decennial Census data for any territory or pos-
services; and provision of laboratory assistance by the Commissioner, $2,940,876,000, of which
session of the United States;
to State and local agencies with or without re- (2) not less than $21,500,000, notwithstanding not less than $11,000,000 shall be for the Tax
imbursement: Provided, That of the amount ap- section 108(e) of Public Law 103–325 (12 U.S.C. Counseling for the Elderly Program, of which
propriated under this heading, $5,000,000 shall 4707(e)), is available until September 30, 2023, for not less than $13,000,000 shall be available for
be for the costs of accelerating the processing of financial assistance, technical assistance, train- low-income taxpayer clinic grants, of which not
formula and label applications: Provided fur- ing, and outreach programs designed to benefit less than $30,000,000, to remain available until
ther, That of the amount appropriated under Native American, Native Hawaiian, and Alaska September 30, 2023, shall be available for the
this heading, $5,000,000, to remain available Native communities and provided primarily Community Volunteer Income Tax Assistance
until September 30, 2023, shall be for the costs through qualified community development lend- Matching Grants Program for tax return prepa-
associated with enforcement of and education er organizations with experience and expertise ration assistance, and of which not less than
regarding the trade practice provisions of the in community development banking and lending $213,000,000 shall be available for operating ex-
Federal Alcohol Administration Act (27 U.S.C. in Indian country, Native American organiza- penses of the Taxpayer Advocate Service: Pro-
201 et seq.). tions, tribes and tribal organizations, and other vided, That of the amounts made available for
UNITED STATES MINT suitable providers; the Taxpayer Advocate Service, not less than
UNITED STATES MINT PUBLIC ENTERPRISE FUND (3) not less than $28,000,000 is available until $5,500,000 shall be for identity theft and refund
Pursuant to section 5136 of title 31, United September 30, 2023, for the Bank Enterprise fraud casework.
States Code, the United States Mint is provided Award program; ENFORCEMENT
funding through the United States Mint Public (4) not less than $25,000,000, notwithstanding For necessary expenses for tax enforcement
Enterprise Fund for costs associated with the subsections (d) and (e) of section 108 of Public activities of the Internal Revenue Service to de-
production of circulating coins, numismatic Law 103–325 (12 U.S.C. 4707(d) and (e)), is avail- termine and collect owed taxes, to provide legal
coins, and protective services, including both able until September 30, 2023, for a Healthy and litigation support, to conduct criminal in-
operating expenses and capital investments: Food Financing Initiative to provide financial vestigations, to enforce criminal statutes related
Provided, That the aggregate amount of new li- assistance, technical assistance, training, and to violations of internal revenue laws and other
abilities and obligations incurred during fiscal outreach to community development financial financial crimes, to purchase and hire passenger
year 2022 under such section 5136 for circulating institutions for the purpose of offering afford- motor vehicles (31 U.S.C. 1343(b)), and to pro-
coinage and protective service capital invest- able financing and technical assistance to ex- vide other services as authorized by 5 U.S.C.
ments of the United States Mint shall not exceed pand the availability of healthy food options in 3109, at such rates as may be determined by the
$50,000,000. distressed communities; Commissioner, $5,462,823,000, of which not to ex-
(5) not less than $10,000,000 is available until
COMMUNITY DEVELOPMENT FINANCIAL ceed $250,000,000 shall remain available until
September 30, 2023, to provide grants for loan
INSTITUTIONS FUND PROGRAM ACCOUNT September 30, 2023; and of which not less than
loss reserve funds and to provide technical as-
To carry out the Riegle Community Develop- $60,257,000 shall be for the Interagency Crime
sistance for small dollar loan programs under
ment and Regulatory Improvement Act of 1994 and Drug Enforcement program; and of which
section 122 of Public Law 103–325 (12 U.S.C.
(subtitle A of title I of Public Law 103–325), in- not to exceed $21,000,000 shall be for investiga-
4719): Provided, That sections 108(d) and
cluding services authorized by section 3109 of tive technology for the Criminal Investigation
122(b)(2) of such Public Law shall not apply to
title 5, United States Code, but at rates for indi- Division: Provided, That the amount made
the provision of such grants and technical as-
viduals not to exceed the per diem rate equiva- available for investigative technology for the
sistance;
lent to the rate for EX–III, $330,000,000. Of the (6) up to $33,617,000 is available until Sep- Criminal Investigation Division shall be in addi-
amount appropriated under this heading— tember 30, 2022, for administrative expenses, in- tion to amounts made available for the Criminal
(1) not less than $211,883,000, notwithstanding cluding administration of CDFI Fund programs Investigation Division under the ‘‘Operations
section 108(e) of Public Law 103–325 (12 U.S.C. and the New Markets Tax Credit Program, of Support’’ heading: Provided further, That the
4707(e)) with regard to Small and/or Emerging which not less than $1,000,000 is for the develop- total amount made available in this paragraph
Community Development Financial Institutions ment of tools to better assess and inform CDFI is provided to meet the terms of section 1(i) of H.
Assistance awards, is available until September investment performance and CDFI Fund pro- Res. 467 of the 117th Congress as engrossed in
30, 2023, for financial assistance and technical gram impacts, and up to $300,000 is for adminis- the House of Representatives on June 14, 2021.
assistance under subparagraphs (A) and (B) of In addition, $287,452,000, for an additional
trative expenses to carry out the direct loan pro-
section 108(a)(1), respectively, of Public Law amount for tax enforcement activities under this
gram; and
103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of (7) during fiscal year 2022, none of the funds heading, including tax compliance to address
which up to $1,600,000 may be available for available under this heading are available for the Federal tax gap: Provided, That such
training and outreach under section 109 of Pub- the cost, as defined in section 502 of the Con- amount is additional new budget authority for
lic Law 103–325 (12 U.S.C. 4708), of which up to gressional Budget Act of 1974, of commitments to purposes of section 1(i) of H. Res. 467 of the
$3,153,750 may be used for the cost of direct guarantee bonds and notes under section 114A 117th Congress as engrossed in the House of
loans, and of which up to $8,000,000, notwith- of the Riegle Community Development and Reg- Representatives on June 14, 2021: Provided fur-
standing subsection (d) of section 108 of Public ulatory Improvement Act of 1994 (12 U.S.C. ther, That such additional amounts may not be
Law 103–325 (12 U.S.C. 4707 (d)), may be avail- 4713a): Provided, That commitments to guar- transferred for any other activity.
able to provide financial assistance, technical antee bonds and notes under such section 114A OPERATIONS SUPPORT
assistance, training, and outreach to community shall not exceed $500,000,000: Provided further, For necessary expenses of the Internal Rev-
development financial institutions to expand in- That such section 114A shall remain in effect enue Service to support taxpayer services and
vestments that benefit individuals with disabil- until December 31, 2022: Provided further, That enforcement programs, including rent payments;
ities, and of which not less than $2,000,000 shall of the funds awarded under this heading, except facilities services; printing; postage; physical se-
be for the Economic Mobility Corps pursuant to those provided for the Economic Mobility Corps, curity; headquarters and other IRS-wide admin-
section 121 of the National and Community not less than 10 percent shall be used for awards istration activities; research and statistics of in-
Service Act of 1990 (42 U.S.C. 12571): Provided, that support investments that serve populations come; telecommunications; information tech-
That the cost of direct and guaranteed loans, living in persistent poverty counties: Provided nology development, enhancement, operations,
including the cost of modifying such loans, shall further, That for the purposes of this paragraph maintenance, and security; the hire of passenger
be as defined in section 502 of the Congressional and paragraph (1), the term ‘‘persistent poverty motor vehicles (31 U.S.C. 1343(b)); the operations
Budget Act of 1974: Provided further, That these counties’’ means any county, including county of the Internal Revenue Service Oversight
funds are available to subsidize gross obligations equivalent areas in Puerto Rico, that has had 20 Board; and other services as authorized by 5
for the principal amount of direct loans not to percent or more of its population living in pov- U.S.C. 3109, at such rates as may be determined
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exceed $25,000,000: Provided further, That of the erty over the past 30 years, as measured by the by the Commissioner; $4,448,195,000, of which
funds provided under this paragraph, excluding 1990 and 2000 decennial censuses and the 2011– not to exceed $275,000,000 shall remain available
those made to community development financial 2015 5-year data series available from the Amer- until September 30, 2023; of which not to exceed
institutions to expand investments that benefit ican Community Survey of the Bureau of the $10,000,000 shall remain available until ex-
individuals with disabilities and those made to Census or any other territory or possession of pended for acquisition of equipment and con-
community development financial institutions the United States that has had 20 percent or struction, repair and renovation of facilities; of
that serve populations living in persistent pov- more of its population living in poverty over the which not to exceed $1,000,000 shall remain
erty counties, the CDFI Fund shall prioritize Fi- past 30 years, as measured by the 1990, 2000 and available until September 30, 2024, for research;
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H3976 CONGRESSIONAL RECORD — HOUSE July 27, 2021
of which not less than $10,000,000, to remain shall include the following topics: taxpayers’ headings ‘‘Departmental Offices—Salaries and
available until expended, shall be available for rights, dealing courteously with taxpayers, Expenses’’, ‘‘Office of Inspector General’’, ‘‘Spe-
establishment of an application through which cross-cultural relations, ethics, and the impar- cial Inspector General for the Troubled Asset
entities registering and renewing registrations in tial application of tax law. Relief Program’’, ‘‘Financial Crimes Enforce-
the System for Award Management may request SEC. 103. The Internal Revenue Service shall ment Network’’, ‘‘Bureau of the Fiscal Service’’,
an authenticated electronic certification stating institute and enforce policies and procedures and ‘‘Alcohol and Tobacco Tax and Trade Bu-
that the entity does or does not have a seriously that will safeguard the confidentiality of tax- reau’’ may be transferred between such appro-
delinquent tax debt; of which not to exceed payer information and protect taxpayers priations upon the advance approval of the
$20,000 shall be for official reception and rep- against identity theft. Committees on Appropriations of the House of
resentation expenses: Provided, That not later SEC. 104. Funds made available by this or any Representatives and the Senate: Provided, That
than 30 days after the end of each quarter, the other Act to the Internal Revenue Service shall no transfer under this section may increase or
Internal Revenue Service shall submit a report be available for improved facilities and in- decrease any such appropriation by more than 2
to the Committees on Appropriations of the creased staffing to provide sufficient and effec- percent.
House of Representatives and the Senate and tive 1–800 help line service for taxpayers. The SEC. 113. Of the amounts made available to
the Comptroller General of the United States de- Commissioner shall continue to make improve- the Internal Revenue Service in this Act,
tailing major information technology invest- ments to the Internal Revenue Service 1–800 help $4,000,000 shall be transferred to ‘‘Treasury In-
ments in the Internal Revenue Service Inte- line service a priority and allocate resources spector General for Tax Administration’’ upon
grated Modernization Business Plan portfolio, necessary to enhance the response time to tax- the advance approval of the Committees on Ap-
including detailed, plain language summaries on payer communications, particularly with regard propriations of the House of Representatives
the status of plans, costs, and results; prior re- to victims of tax-related crimes. and the Senate.
sults and actual expenditures of the prior quar- SEC. 105. The Internal Revenue Service shall
ter; upcoming deliverables and costs for the fis- issue a notice of confirmation of any address SEC. 114. None of the funds appropriated in
cal year; risks and mitigation strategies associ- change relating to an employer making employ- this Act or otherwise available to the Depart-
ated with ongoing work; reasons for any cost or ment tax payments, and such notice shall be ment of the Treasury or the Bureau of Engrav-
schedule variances; and total expenditures by sent to both the employer’s former and new ad- ing and Printing may be used to redesign the $1
fiscal year: Provided further, That the Internal dress and an officer or employee of the Internal Federal Reserve note.
Revenue Service shall include, in its budget jus- Revenue Service shall give special consideration SEC. 115. The Secretary of the Treasury may
tification for fiscal year 2023, a summary of cost to an offer-in-compromise from a taxpayer who transfer funds from the ‘‘Bureau of the Fiscal
and schedule performance information for its has been the victim of fraud by a third party Service—Salaries and Expenses’’ to the Debt
major information technology systems: Provided payroll tax preparer. Collection Fund as necessary to cover the costs
further, That the total amount made available SEC. 106. None of the funds made available of debt collection: Provided, That such amounts
in this paragraph is provided to meet the terms under this Act may be used by the Internal Rev- shall be reimbursed to such salaries and ex-
of section 1(i) of H. Res. 467 of the 117th Con- enue Service to target citizens of the United penses account from debt collections received in
gress as engrossed in the House of Representa- States for exercising any right guaranteed under the Debt Collection Fund.
tives on June 14, 2021. the First Amendment to the Constitution of the SEC. 116. None of the funds appropriated or
In addition, $129,445,000, for an additional United States. otherwise made available by this or any other
amount to meet the terms of a concurrent reso- SEC. 107. None of the funds made available in Act may be used by the United States Mint to
lution on the budget for tax enforcement activi- this Act may be used by the Internal Revenue construct or operate any museum without the
ties under this heading, including tax compli- Service to target groups for regulatory scrutiny explicit approval of the Committees on Appro-
ance to address the Federal tax gap: Provided, based on their ideological beliefs. priations of the House of Representatives and
That such amount is additional new budget au- SEC. 108. None of funds made available by this the Senate, the House Committee on Financial
thority for purposes of section 1(i) of H. Res. 467 Act to the Internal Revenue Service shall be ob- Services, and the Senate Committee on Banking,
of the 117th Congress as engrossed in the House ligated or expended on conferences that do not Housing, and Urban Affairs.
of Representatives on June 14, 2021: Provided adhere to the procedures, verification processes, SEC. 117. None of the funds appropriated or
further, That such additional amounts may not documentation requirements, and policies issued otherwise made available by this or any other
be transferred for any other activity. by the Chief Financial Officer, Human Capital Act or source to the Department of the Treas-
BUSINESS SYSTEMS MODERNIZATION Office, and Agency-Wide Shared Services as a ury, the Bureau of Engraving and Printing, and
result of the recommendations in the report pub- the United States Mint, individually or collec-
For necessary expenses of the Internal Rev-
lished on May 31, 2013, by the Treasury Inspec- tively, may be used to consolidate any or all
enue Service’s business systems modernization
tor General for Tax Administration entitled functions of the Bureau of Engraving and
program, $305,032,000, to remain available until
‘‘Review of the August 2010 Small Business/Self- Printing and the United States Mint without
September 30, 2024, for the capital asset acquisi-
Employed Division’s Conference in Anaheim, the explicit approval of the House Committee on
tion of information technology systems, includ-
California’’ (Reference Number 2013–10–037). Financial Services; the Senate Committee on
ing management and related contractual costs SEC. 109. None of the funds made available in
of said acquisitions, including related Internal Banking, Housing, and Urban Affairs; and the
this Act to the Internal Revenue Service may be
Revenue Service labor costs, and contractual Committees on Appropriations of the House of
obligated or expended—
costs associated with operations authorized by 5 (1) to make a payment to any employee under Representatives and the Senate.
U.S.C. 3109: Provided, That not later than 30 a bonus, award, or recognition program; or SEC. 118. Funds appropriated by this Act, or
days after the end of each quarter, the Internal (2) under any hiring or personnel selection made available by the transfer of funds in this
Revenue Service shall submit a report to the process with respect to re-hiring a former em- Act, for the Department of the Treasury’s intel-
Committees on Appropriations of the House of ployee; ligence or intelligence related activities are
Representatives and the Senate and the Comp- unless such program or process takes into ac- deemed to be specifically authorized by the Con-
troller General of the United States major infor- count the conduct and Federal tax compliance gress for purposes of section 504 of the National
mation technology investments in the Internal of such employee or former employee. Security Act of 1947 (50 U.S.C. 414) during fiscal
Revenue Service Integrated Modernization Busi- SEC. 110. None of the funds made available by year 2022 until the enactment of the Intelligence
ness Plan portfolio, including detailed, plain this Act may be used in contravention of section Authorization Act for Fiscal Year 2022.
language summaries on the status of plans, 6103 of the Internal Revenue Code of 1986 (relat- SEC. 119. Not to exceed $5,000 shall be made
costs, and results; prior results and actual ex- ing to confidentiality and disclosure of returns available from the Bureau of Engraving and
penditures of the prior quarter; upcoming and return information). Printing’s Industrial Revolving Fund for nec-
deliverables and costs for the fiscal year; risks ADMINISTRATIVE PROVISIONS—DEPARTMENT OF essary official reception and representation ex-
and mitigation strategies associated with ongo- THE TREASURY penses.
ing work; reasons for any cost or schedule (INCLUDING TRANSFERS OF FUNDS) SEC. 120. The Secretary of the Treasury shall
variances; and total expenditures by fiscal year. submit a Capital Investment Plan to the Com-
SEC. 111. Appropriations to the Department of
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE the Treasury in this Act shall be available for mittees on Appropriations of the House of Rep-
SERVICE uniforms or allowances therefor, as authorized resentatives and the Senate not later than 30
(INCLUDING TRANSFER OF FUNDS) by law (5 U.S.C. 5901), including maintenance, days following the submission of the annual
SEC. 101. Not to exceed 4 percent of the appro- repairs, and cleaning; purchase of insurance for budget submitted by the President: Provided,
priation made available in this Act to the Inter- official motor vehicles operated in foreign coun- That such Capital Investment Plan shall in-
nal Revenue Service under the ‘‘Enforcement’’ tries; purchase of motor vehicles without regard clude capital investment spending from all ac-
heading, and not to exceed 5 percent of any to the general purchase price limitations for ve- counts within the Department of the Treasury,
SSpencer on DSK126QN23PROD with HOUSE
other appropriation made available in this Act hicles purchased and used overseas for the cur- including but not limited to the Department-
to the Internal Revenue Service, may be trans- rent fiscal year; entering into contracts with the wide Systems and Capital Investment Programs
ferred to any other Internal Revenue Service ap- Department of State for the furnishing of health account, Treasury Franchise Fund account,
propriation upon the advance approval of the and medical services to employees and their de- and the Treasury Forfeiture Fund account: Pro-
Committees on Appropriations of the House of pendents serving in foreign countries; and serv- vided further, That such Capital Investment
Representatives and the Senate. ices authorized by 5 U.S.C. 3109. Plan shall include expenditures occurring in
SEC. 102. The Internal Revenue Service shall SEC. 112. Not to exceed 2 percent of any appro- previous fiscal years for each capital investment
maintain an employee training program, which priations in this title made available under the project that has not been fully completed.
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3977
SEC. 121. Within 45 days after the date of en- shall require each person sponsoring a reimburs- the President: Provided , That of the amounts
actment of this Act, the Secretary of the Treas- able political event to pay in advance an provided under this heading, up to $4,500,000
ury shall submit an itemized report to the Com- amount equal to the estimated cost of the event, shall be available for a program to provide pay-
mittees on Appropriations of the House of Rep- and all such advance payments shall be credited ments (such as stipends, subsistence allowances,
resentatives and the Senate on the amount of to this account and remain available until ex- cost reimbursements, or awards) to students, re-
total funds charged to each office by the Fran- pended: Provided further, That the Executive cent graduates, and veterans recently dis-
chise Fund including the amount charged for Residence shall require the national committee charged from active duty who are performing
each service provided by the Franchise Fund to of the political party of the President to main- voluntary services in the Executive Office of the
each office, a detailed description of the serv- tain on deposit $25,000, to be separately ac- President under section 3111(b) of title 5, United
ices, a detailed explanation of how each charge counted for and available for expenses relating States Code, or comparable authority and shall
for each service is calculated, and a description to reimbursable political events sponsored by be in addition to amounts otherwise available to
of the role customers have in governing in the such committee during such fiscal year: Pro- pay or compensate such individuals: Provided
Franchise Fund. vided further, That the Executive Residence further, That such payments shall not be con-
SEC. 122. (a) Not later than 60 days after the shall ensure that a written notice of any sidered compensation for purposes of such sec-
end of each quarter, the Office of Financial Sta- amount owed for a reimbursable operating ex- tion 3111(b) and may be paid in advance.
bility and the Office of Financial Research shall pense under this paragraph is submitted to the OFFICE OF MANAGEMENT AND BUDGET
submit reports on their activities to the Commit- person owing such amount within 60 days after SALARIES AND EXPENSES
tees on Appropriations of the House of Rep- such expense is incurred, and that such amount For necessary expenses of the Office of Man-
resentatives and the Senate, the Committee on is collected within 30 days after the submission agement and Budget, including hire of pas-
Financial Services of the House of Representa- of such notice: Provided further, That the Exec- senger motor vehicles and services as authorized
tives, and the Senate Committee on Banking, utive Residence shall charge interest and assess by 5 U.S.C. 3109, to carry out the provisions of
Housing, and Urban Affairs. penalties and other charges on any such chapter 35 of title 44, United States Code, and to
(b) The reports required under subsection (a) amount that is not reimbursed within such 30 prepare and submit the budget of the United
shall include— days, in accordance with the interest and pen- States Government, in accordance with section
(1) the obligations made during the previous alty provisions applicable to an outstanding 1105(a) of title 31, United States Code,
quarter by object class, office, and activity; debt on a United States Government claim under $122,854,000, of which not to exceed $3,000 shall
(2) the estimated obligations for the remainder 31 U.S.C. 3717: Provided further, That each such be available for official representation expenses:
of the fiscal year by object class, office, and ac- amount that is reimbursed, and any accom- Provided, That none of the funds appropriated
tivity; panying interest and charges, shall be deposited in this Act for the Office of Management and
(3) the number of full-time equivalents within in the Treasury as miscellaneous receipts: Pro- Budget may be used for the purpose of review-
each office during the previous quarter; vided further, That the Executive Residence ing any agricultural marketing orders or any
(4) the estimated number of full-time equiva- shall prepare and submit to the Committees on activities or regulations under the provisions of
lents within each office for the remainder of the Appropriations, by not later than 90 days after the Agricultural Marketing Agreement Act of
fiscal year; and the end of the fiscal year covered by this Act, a 1937 (7 U.S.C. 601 et seq.): Provided further,
(5) actions taken to achieve the goals, objec- report setting forth the reimbursable operating That none of the funds made available for the
tives, and performance measures of each office. expenses of the Executive Residence during the Office of Management and Budget by this Act
(c) At the request of any such Committees preceding fiscal year, including the total may be expended for the altering of the tran-
specified in subsection (a), the Office of Finan- amount of such expenses, the amount of such script of actual testimony of witnesses, except
cial Stability and the Office of Financial Re- total that consists of reimbursable official and for testimony of officials of the Office of Man-
search shall make officials available to testify ceremonial events, the amount of such total that agement and Budget, before the Committees on
on the contents of the reports required under consists of reimbursable political events, and the Appropriations or their subcommittees: Provided
subsection (a). portion of each such amount that has been re- further, That none of the funds made available
This title may be cited as the ‘‘Department of imbursed as of the date of the report: Provided for the Office of Management and Budget by
the Treasury Appropriations Act, 2022’’. further, That the Executive Residence shall this Act may be expended for the altering of the
TITLE II maintain a system for the tracking of expenses annual work plan developed by the Corps of En-
EXECUTIVE OFFICE OF THE PRESIDENT related to reimbursable events within the Execu- gineers for submission to the Committees on Ap-
AND FUNDS APPROPRIATED TO THE tive Residence that includes a standard for the propriations: Provided further, That none of the
PRESIDENT classification of any such expense as political or funds provided in this or prior Acts shall be
nonpolitical: Provided further, That no provi- used, directly or indirectly, by the Office of
THE WHITE HOUSE sion of this paragraph may be construed to ex- Management and Budget, for evaluating or de-
SALARIES AND EXPENSES empt the Executive Residence from any other termining if water resource project or study re-
For necessary expenses for the White House as applicable requirement of subchapter I or II of ports submitted by the Chief of Engineers acting
authorized by law, including not to exceed chapter 37 of title 31, United States Code. through the Secretary of the Army are in com-
$3,850,000 for services as authorized by 5 U.S.C. WHITE HOUSE REPAIR AND RESTORATION pliance with all applicable laws, regulations,
3109 and 3 U.S.C. 105; subsistence expenses as For the repair, alteration, and improvement of and requirements relevant to the Civil Works
authorized by 3 U.S.C. 105, which shall be ex- the Executive Residence at the White House water resource planning process: Provided fur-
pended and accounted for as provided in that pursuant to 3 U.S.C. 105(d), $2,500,000, to re- ther, That the Office of Management and Budg-
section; hire of passenger motor vehicles, and main available until expended, for required et shall have not more than 60 days in which to
travel (not to exceed $100,000 to be expended and maintenance, resolution of safety and health perform budgetary policy reviews of water re-
accounted for as provided by 3 U.S.C. 103); and issues, and continued preventative mainte- source matters on which the Chief of Engineers
not to exceed $19,000 for official reception and nance. has reported: Provided further, That the Direc-
representation expenses, to be available for allo- tor of the Office of Management and Budget
COUNCIL OF ECONOMIC ADVISERS
cation within the Executive Office of the Presi- shall notify the appropriate authorizing and ap-
dent; and for necessary expenses of the Office of SALARIES AND EXPENSES
propriating committees when the 60-day review
Policy Development, including services as au- For necessary expenses of the Council of Eco- is initiated: Provided further, That if water re-
thorized by 5 U.S.C. 3109 and 3 U.S.C. 107, nomic Advisers in carrying out its functions source reports have not been transmitted to the
$76,262,000. under the Employment Act of 1946 (15 U.S.C. appropriate authorizing and appropriating com-
EXECUTIVE RESIDENCE AT THE WHITE HOUSE 1021 et seq.), $4,732,000. mittees within 15 days after the end of the Of-
OPERATING EXPENSES NATIONAL SECURITY COUNCIL AND HOMELAND fice of Management and Budget review period
SECURITY COUNCIL based on the notification from the Director,
For necessary expenses of the Executive Resi-
SALARIES AND EXPENSES Congress shall assume Office of Management
dence at the White House, $15,077,000, to be ex-
For necessary expenses of the National Secu- and Budget concurrence with the report and act
pended and accounted for as provided by 3
rity Council and the Homeland Security Coun- accordingly: Provided further, That no later
U.S.C. 105, 109, 110, and 112–114.
cil, including services as authorized by 5 U.S.C. than 14 days after the submission of the budget
REIMBURSABLE EXPENSES of the United States Government for fiscal year
3109, $12,894,000, of which not to exceed $5,000
For the reimbursable expenses of the Execu- shall be available for official reception and rep- 2023, the Director of the Office of Management
tive Residence at the White House, such sums as resentation expenses. and Budget shall make publicly available on a
may be necessary: Provided, That all reimburs- website a tabular list for each agency that sub-
able operating expenses of the Executive Resi- OFFICE OF ADMINISTRATION mits budget justification materials (as defined in
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dence shall be made in accordance with the pro- SALARIES AND EXPENSES section 3 of the Federal Funding Accountability
visions of this paragraph: Provided further, For necessary expenses of the Office of Ad- and Transparency Act of 2006) that shall in-
That, notwithstanding any other provision of ministration, including services as authorized by clude, at minimum, the name of the agency, the
law, such amount for reimbursable operating ex- 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- date on which the budget justification materials
penses shall be the exclusive authority of the senger motor vehicles, $110,768,000, of which not of the agency were submitted to Congress, and
Executive Residence to incur obligations and to to exceed $12,800,000 shall remain available until a uniform resource locator where the budget jus-
receive offsetting collections, for such expenses: expended for continued modernization of infor- tification materials are published on the website
Provided further, That the Executive Residence mation resources within the Executive Office of of the agency.
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H3978 CONGRESSIONAL RECORD — HOUSE July 27, 2021
INTELLECTUAL PROPERTY ENFORCEMENT OTHER FEDERAL DRUG CONTROL PROGRAMS Council and Homeland Security Council’’, ‘‘Of-
COORDINATOR (INCLUDING TRANSFERS OF FUNDS) fice of Administration’’, ‘‘Special Assistance to
For necessary expenses of the Office of the In- the President’’, and ‘‘Official Residence of the
For other drug control activities authorized by
tellectual Property Enforcement Coordinator, as Vice President’’, the Director of the Office of
the Anti-Drug Abuse Act of 1988 and the Office
authorized by title III of the Prioritizing Re- Management and Budget (or such other officer
of National Drug Control Policy Reauthoriza-
sources and Organization for Intellectual Prop- as the President may designate in writing), may,
tion Act of 1998, as amended, $136,617,000, to re-
erty Act of 2008 (Public Law 110–403), including with advance approval of the Committees on
main available until expended, which shall be
services authorized by 5 U.S.C. 3109, $1,838,000. Appropriations of the House of Representatives
available as follows: $110,000,000 for the Drug-
OFFICE OF THE NATIONAL CYBER DIRECTOR and the Senate, transfer not to exceed 10 per-
Free Communities Program, of which $2,500,000
SALARIES AND EXPENSES
cent of any such appropriation to any other
shall be made available as directed by section 4
such appropriation, to be merged with and
For necessary expenses of the Office of the of Public Law 107–82, as amended by section
available for the same time and for the same
National Cyber Director, as authorized by sec- 8204 of Public Law 115–271; $3,000,000 for drug
purposes as the appropriation to which trans-
tion 1752 of the William M. (Mac) Thornberry court training and technical assistance;
ferred: Provided, That the amount of an appro-
National Defense Authorization Act for Fiscal $14,000,000 for anti-doping activities; up to
priation shall not be increased by more than 50
Year 2021 (Public Law 116–283), $18,750,000, of $3,167,000 for the United States membership dues
percent by such transfers: Provided further,
which not to exceed $5,000 shall be available for to the World Anti-Doping Agency; $1,250,000 for
That no amount shall be transferred from ‘‘Spe-
official reception and representation expenses. the Model Acts Program; and $5,200,000 for ac-
cial Assistance to the President’’ or ‘‘Official
OFFICE OF NATIONAL DRUG CONTROL POLICY tivities authorized by section 103 of Public Law
Residence of the Vice President’’ without the
SALARIES AND EXPENSES 114–198: Provided, That amounts made available
approval of the Vice President.
For necessary expenses of the Office of Na- under this heading may be transferred to other SEC. 202. (a) During fiscal year 2022, any Ex-
tional Drug Control Policy; for research activi- Federal departments and agencies to carry out ecutive order or Presidential memorandum
ties pursuant to the Office of National Drug such activities: Provided further, That the Di- issued or revoked by the President shall be ac-
Control Policy Reauthorization Act of 1998, as rector of the Office of National Drug Control companied by a written statement from the Di-
amended; not to exceed $10,000 for official recep- Policy shall, not fewer than 30 days prior to ob- rector of the Office of Management and Budget
tion and representation expenses; and for par- ligating funds under this heading for United on the budgetary impact, including costs, bene-
ticipation in joint projects or in the provision of States membership dues to the World Anti- fits, and revenues, of such order or memo-
services on matters of mutual interest with non- Doping Agency, submit to the Committees on randum.
profit, research, or public organizations or agen- Appropriations of the House of Representatives (b) Any such statement shall include—
cies, with or without reimbursement, $21,300,000: and the Senate a spending plan and expla- (1) a narrative summary of the budgetary im-
Provided, That the Office is authorized to ac- nation of the proposed uses of these funds. pact of such order or memorandum on the Fed-
cept, hold, administer, and utilize gifts, both UNANTICIPATED NEEDS eral Government;
real and personal, public and private, without For expenses necessary to enable the Presi- (2) the impact on mandatory and discre-
fiscal year limitation, for the purpose of aiding dent to meet unanticipated needs, in further- tionary obligations and outlays as the result of
or facilitating the work of the Office. ance of the national interest, security, or de- such order or memorandum, listed by Federal
FEDERAL DRUG CONTROL PROGRAMS fense which may arise at home or abroad during agency, for each year in the 5-fiscal-year period
HIGH INTENSITY DRUG TRAFFICKING AREAS the current fiscal year, as authorized by 3 beginning in fiscal year 2022; and
PROGRAM U.S.C. 108, $1,000,000, to remain available until (3) the impact on revenues of the Federal Gov-
September 30, 2023. ernment as the result of such order or memo-
(INCLUDING TRANSFERS OF FUNDS)
randum over the 5-fiscal-year period beginning
For necessary expenses of the Office of Na- INFORMATION TECHNOLOGY OVERSIGHT AND in fiscal year 2022.
tional Drug Control Policy’s High Intensity REFORM (c) If an Executive order or Presidential
Drug Trafficking Areas Program, $300,000,000, (INCLUDING TRANSFER OF FUNDS) memorandum is issued during fiscal year 2022
to remain available until September 30, 2023, for due to a national emergency, the Director of the
For necessary expenses for the furtherance of
drug control activities consistent with the ap- Office of Management and Budget may issue
integrated, efficient, secure, and effective uses
proved strategy for each of the designated High the statement required by subsection (a) not
of information technology in the Federal Gov-
Intensity Drug Trafficking Areas (‘‘HIDTAs’’), later than 15 days after the date that such order
ernment, $10,442,000, to remain available until
of which not less than 51 percent shall be trans- or memorandum is issued.
expended: Provided, That the Director of the
ferred to State and local entities for drug control (d) The requirement for cost estimates for
Office of Management and Budget may transfer
activities and shall be obligated not later than Presidential memoranda shall only apply for
these funds to one or more other agencies to
120 days after enactment of this Act: Provided, Presidential memoranda estimated to have a
carry out projects to meet these purposes.
That up to 49 percent may be transferred to regulatory cost in excess of $100,000,000.
Federal agencies and departments in amounts SPECIAL ASSISTANCE TO THE PRESIDENT SEC. 203. Not later than 30 days after the date
determined by the Director of the Office of Na- SALARIES AND EXPENSES of enactment of this Act, the Director of the Of-
tional Drug Control Policy, of which up to For necessary expenses to enable the Vice fice of Management and Budget shall issue a
$2,700,000 may be used for auditing services and President to provide assistance to the President memorandum to all Federal departments, agen-
associated activities and $3,500,000 shall be for a in connection with specially assigned functions; cies, and corporations directing compliance with
new Grants Management System for use by the services as authorized by 5 U.S.C. 3109 and 3 the provisions in title VII of this Act.
Office of National Drug Control Policy: Pro- U.S.C. 106, including subsistence expenses as SEC. 204. (a) Beginning not later than 10 days
vided further, That any unexpended funds obli- authorized by 3 U.S.C. 106, which shall be ex- after the date of enactment of this Act and until
gated prior to fiscal year 2020 may be used for pended and accounted for as provided in that the requirements of subsection (b) are completed,
any other approved activities of that HIDTA, section; and hire of passenger motor vehicles, the Office of Management and Budget shall pro-
subject to reprogramming requirements: Pro- $5,726,000. vide to the Committees on Appropriations and
vided further, That each HIDTA designated as the Budget of the House of Representatives and
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
of September 30, 2021, shall be funded at not less the Senate each document apportioning an ap-
than the fiscal year 2021 base level, unless the OPERATING EXPENSES propriation, pursuant to section 1513(b) of title
Director submits to the Committees on Appro- (INCLUDING TRANSFER OF FUNDS) 31, United States Code, approved by the Office
priations of the House of Representatives and For the care, operation, refurnishing, im- of Management and Budget, including any as-
the Senate justification for changes to those lev- provement, and to the extent not otherwise pro- sociated footnotes, not later than 2 business
els based on clearly articulated priorities and vided for, heating and lighting, including elec- days after the date of approval of such appor-
published Office of National Drug Control Pol- tric power and fixtures, of the official residence tionment by the Office of Management and
icy performance measures of effectiveness: Pro- of the Vice President; the hire of passenger Budget.
vided further, That the Director shall notify the motor vehicles; and not to exceed $90,000 pursu- (b) Not later than 120 days after the date of
Committees on Appropriations of the initial allo- ant to 3 U.S.C. 106(b)(2), $313,000: Provided, enactment of this Act, the Office of Manage-
cation of fiscal year 2022 funding among That advances, repayments, or transfers from ment and Budget shall complete implementation
HIDTAs not later than 45 days after enactment this appropriation may be made to any depart- of an automated system to post each document
of this Act, and shall notify the Committees of ment or agency for expenses of carrying out apportioning an appropriation, pursuant to sec-
planned uses of discretionary HIDTA funding, such activities. tion 1513(b) of title 31, United States Code, in-
as determined in consultation with the HIDTA cluding any associated footnotes, in a format
ADMINISTRATIVE PROVISIONS—EXECUTIVE OF-
Directors, not later than 90 days after enact- that qualifies each such document as an Open
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FICE OF THE PRESIDENT AND FUNDS APPRO-
ment of this Act: Provided further, That upon a Government Data Asset (as defined in section
PRIATED TO THE PRESIDENT
determination that all or part of the funds so 3502 of title 44, United States Code), not later
transferred from this appropriation are not nec- (INCLUDING TRANSFER OF FUNDS) than 2 business days after the date of approval
essary for the purposes provided herein and SEC. 201. From funds made available in this of such apportionment, and shall place on such
upon notification to the Committees on Appro- Act under the headings ‘‘The White House’’, website each document apportioning an appro-
priations of the House of Representatives and ‘‘Executive Residence at the White House’’, priation, pursuant to such section 1513(b), in-
the Senate, such amounts may be transferred ‘‘White House Repair and Restoration’’, ‘‘Coun- cluding any associated footnotes, already ap-
back to this appropriation. cil of Economic Advisers’’, ‘‘National Security proved the current fiscal year, and shall report
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July 27, 2021 CONGRESSIONAL RECORD — HOUSE H3979
the date of completion of such requirements to In addition, there are appropriated such sums by the Federal Protective Service, and other
the Committees on Appropriations and the as may be necessary under current law for the similar activities as authorized by section 1010 of
Budget of the House of Representatives and salaries of the chief judge and judges of the the Judicial Improvement and Access to Justice
Senate. court. Act (Public Law 100–702), $682,265,000, of which
(c) Each document apportioning an appro- COURTS OF APPEALS, DISTRICT COURTS, AND not to exceed $20,000,000 shall remain available
priation pursuant to section 1513(b) of title 31, OTHER JUDICIAL SERVICES until expended, to be expended directly or trans-
United States Code, that is posted on a publicly ferred to the United States Marshals Service,
SALARIES AND EXPENSES
accessible website pursuant to such section shall which shall be responsible for administering the
also include a written explanation by the offi- For the salaries of judges of the United States Judicial Facility Security Program consistent
cial approving each such apportionment stating Court of Federal Claims, magistrate judges, and with standards or guidelines agreed to by the
the rationale for the apportionment schedule all other officers and employees of the Federal Director of the Administrative Office of the
and for any footnotes for apportioned amounts: Judiciary not otherwise specifically provided United States Courts and the Attorney General.
Provided, That the Office of Management and for, necessary expenses of the courts, and the ADMINISTRATIVE OFFICE OF THE UNITED STATES
Budget or the applicable department or agency purchase, rental, repair, and cleaning of uni- COURTS
shall make available classified documentation forms for Probation and Pretrial Services Office
SALARIES AND EXPENSES
referenced in any apportionment at the request staff, as authorized by law, $5,724,360,000 (in-
cluding the purchase of firearms and ammuni- For necessary expenses of the Administrative
of the chair or ranking member of any appro- Office of the United States Courts as authorized
priate congressional committee or subcommittee. tion); of which not to exceed $27,817,000 shall re-
main available until expended for space alter- by law, including travel as authorized by 31
(d)(1) Not later than 15 days after the date of U.S.C. 1345, hire of a passenger motor vehicle as
enactment of this Act, any delegation of appor- ation projects and for furniture and furnishings
related to new space alteration and construction authorized by 31 U.S.C. 1343(b), advertising and
tionment authority pursuant to section 1513(b) rent in the District of Columbia and elsewhere,
of title 31, United States Code, that is in effect projects.
In addition, there are appropriated such sums $103,628,000, of which not to exceed $8,500 is au-
as of such date shall be submitted for publica- thorized for official reception and representa-
tion in the Federal Register: Provided, That any as may be necessary under current law for the
salaries of circuit and district judges (including tion expenses.
delegation of such apportionment authority
after the date of enactment of this section shall, judges of the territorial courts of the United FEDERAL JUDICIAL CENTER
on the date of such delegation, be submitted for States), bankruptcy judges, and justices and SALARIES AND EXPENSES
publication in the Federal Register: Provided judges retired from office or from regular active For necessary expenses of the Federal Judicial
further, That the Office of Management and service. Center, as authorized by Public Law 90–219,
Budget shall publish such delegations in a for- In addition, for expenses of the United States $32,151,000; of which $1,800,000 shall remain
mat that qualifies such publications as an Open Court of Federal Claims associated with proc- available through September 30, 2023, to provide
Government Data Asset (as defined in section essing cases under the National Childhood Vac- education and training to Federal court per-
3502 of title 44, United States Code) on a public cine Injury Act of 1986 (Public Law 99–660), not sonnel; and of which not to exceed $1,500 is au-
Internet website, which shall be continuously to exceed $9,850,000, to be appropriated from the thorized for official reception and representa-
updated with the position of each Federal offi- Vaccine Injury Compensation Trust Fund. tion expenses.
cer or employee to whom apportionment author- DEFENDER SERVICES UNITED STATES SENTENCING COMMISSION
ity has been delegated. For the operation of Federal Defender organi- SALARIES AND EXPENSES
(2) Not later than 5 days after any change in zations; the compensation and reimbursement of For the salaries and expenses necessary to
the position of the approving official with re- expenses of attorneys appointed to represent carry out the provisions of chapter 58 of title 28,
spect to such delegated apportionment authority persons under 18 U.S.C. 3006A and 3599, and for United States Code, $20,829,000, of which not to
for any account is made, the Office shall submit the compensation and reimbursement of ex- exceed $1,000 is authorized for official reception
a report to the appropriate congressional com- penses of persons furnishing investigative, ex- and representation expenses.
mittees explaining why such change was made. pert, and other services for such representations
This title may be cited as the ‘‘Executive Of- ADMINISTRATIVE PROVISIONS—THE JUDICIARY
as authorized by law; the compensation (in ac- (INCLUDING TRANSFER OF FUNDS)
fice of the President Appropriations Act, 2022’’. cordance with the maximums under 18 U.S.C.
TITLE III 3006A) and reimbursement of expenses of attor- SEC. 301. Appropriations and authorizations
neys appointed to assist the court in criminal made in this title which are available for sala-
THE JUDICIARY
cases where the defendant has waived represen- ries and expenses shall be available for services
SUPREME COURT OF THE UNITED STATES as authorized by 5 U.S.C. 3109.
tation by counsel; the compensation and reim-
SALARIES AND EXPENSES SEC. 302. Not to exceed 5 percent of any ap-
bursement of expenses of attorneys appointed to
For expenses necessary for the operation of propriation made available for the current fiscal
represent jurors in civil actions for the protec-
the Supreme Court, as required by law, exclud- year for the Judiciary in this Act may be trans-
tion of their employment, as authorized by 28
ing care of the building and grounds, including ferred between such appropriations, but no such
U.S.C. 1875(d)(1); the compensation and reim-
hire of passenger motor vehicles as authorized appropriation, except ‘‘Courts of Appeals, Dis-
bursement of expenses of attorneys appointed
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 trict Courts, and Other Judicial Services, De-
under 18 U.S.C. 983(b)(1) in connection with cer-
for official reception and representation ex- fender Services’’ and ‘‘Courts of Appeals, Dis-
tain judicial civil forfeiture proceedings; the
penses; and for miscellaneous expenses, to be ex- trict Courts, and Other Judicial Services, Fees of
compensation and reimbursement of travel ex-
pended as the Chief Justice may approve, Jurors and Commissioners’’, shall be increased
penses of guardians ad litem appointed under 18
$98,338,000, of which $1,500,000 shall remain by more than 10 percent by any such transfers:
U.S.C. 4100(b); and for necessary training and
available until expended. Provided, That any transfer pursuant to this
general administrative expenses, $1,368,175,000
In addition, there are appropriated such sums section shall be treated as a reprogramming of
to remain available until expended.
as may be necessary under current law for the funds under sections 604 and 608 of this Act and
FEES OF JURORS AND COMMISSIONERS shall not be available for obligation or expendi-
salaries of the chief justice and associate jus-
tices of the court. For fees and expenses of jurors as authorized ture except in compliance with the procedures
CARE OF THE BUILDING AND GROUNDS by 28 U.S.C. 1871 and 1876; compensation of jury set forth in section 608.
commissioners as authorized by 28 U.S.C. 1863; SEC. 303. Notwithstanding any other provision
For such expenditures as may be necessary to of law, the salaries and expenses appropriation
and compensation of commissioners appointed
enable the Architect of the Capitol to carry out for ‘‘Courts of Appeals, District Courts, and
in condemnation cases pursuant to rule 71.1(h)
the duties imposed upon the Architect by 40 Other Judicial Services’’ shall be available for
of the Federal Rules of Civil Procedure (28
U.S.C. 6111 and 6112, $10,309,000, to remain official reception and representation expenses of
U.S.C. Appendix Rule 71.1(h)), $46,957,000, to re-
available until expended. the Judicial Conference of the United States:
main available until expended: Provided, That
UNITED STATES COURT OF APPEALS FOR THE the compensation of land commissioners shall Provided, That such available funds shall not
FEDERAL CIRCUIT not exceed the daily equivalent of the highest exceed $11,000 and shall be administered by the
SALARIES AND EXPENSES rate payable under 5 U.S.C. 5332. Director of the Administrative Office of the
For salaries of officers and employees, and for COURT SECURITY United States Courts in the capacity as Sec-
necessary expenses of the court, as authorized retary of the Judicial Conference.
(INCLUDING TRANSFER OF FUNDS) SEC. 304. Section 3315(a) of title 40, United
by law, $34,506,000.
In addition, there are appropriated such sums For necessary expenses, not otherwise pro- States Code, shall be applied by substituting
as may be necessary under current law for the vided for, incident to the provision of protective ‘‘Federal’’ for ‘‘executive’’ each place it ap-
guard services for United States courthouses pears.
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salaries of the chief judge and judges of the
court. and other facilities housing Federal court oper- SEC. 305. In accordance with 28 U.S.C. 561–
ations, and the procurement, installation, and 569, and notwithstanding any other provision of
UNITED STATES COURT OF INTERNATIONAL maintenance of security systems and equipment law, the United States Marshals Service shall
TRADE for United States courthouses and other facili- provide, for such courthouses as its Director
SALARIES AND EXPENSES ties housing Federal court operations, including may designate in consultation with the Director
For salaries of officers and employees of the building ingress-egress control, inspection of of the Administrative Office of the United States
court, services, and necessary expenses of the mail and packages, directed security patrols, pe- Courts, for purposes of a pilot program, the se-
court, as authorized by law, $20,766,000. rimeter security, basic security services provided curity services that 40 U.S.C. 1315 authorizes the
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