Consolidated Appropriations Act, 2022, House Amendment Text — Congressional Record, House, March 9, 2022
Summary
This is the Congressional Record, Vol. 168, No. 42, Book II, for Wednesday, March 9, 2022, House of Representatives, from H1427, containing the House amendment text to the Consolidated Appropriations Act, 2022. The page prints the table of contents, which lists divisions of appropriations acts for agriculture, commerce and justice, defense, energy and water, financial services, homeland security, and other areas. It also lists Division M, COVID Supplemental Appropriations Act, 2022, Division N, Ukraine Supplemental Appropriations Act, 2022, Division O on extensions and technical corrections, and divisions on health provisions and consumer protection. The text begins Division A with amounts for the Office of the Secretary.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Consolidated Appropriations Act, 2022, House Amendment Text — Congressional Record, House, March 9, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-03-09-crec-2022-03-09-pt2-pgh1427-1070a6478d/
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Congressional Record
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117 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 168 WASHINGTON, WEDNESDAY, MARCH 9, 2022 No. 42—Book II
House of Representatives
HAITI DEVELOPMENT, ACCOUNT- Title VI—Other Department of Defense Pro- Title II—Department of Health and Human
ABILITY, AND INSTITUTIONAL grams Services
TRANSPARENCY INITIATIVE ACT Title VII—Related Agencies Title III—Department of Education
Title VIII—General Provisions Title IV—Related Agencies
The text of the House amendment to DIVISION D—ENERGY AND WATER DEVEL- Title V—General Provisions
the Senate amendment to the text is as OPMENT AND RELATED AGENCIES AP- DIVISION I—LEGISLATIVE BRANCH
follows: PROPRIATIONS ACT, 2022 APPROPRIATIONS ACT, 2022
In lieu of the matter proposed to be inserted Title I—Corps of Engineers—Civil Title I—Legislative Branch
by the Senate, insert the following: Title II—Department of the Interior Title II—General Provisions
SECTION 1. SHORT TITLE. Title III—Department of Energy
Title IV—Independent Agencies DIVISION J—MILITARY CONSTRUCTION,
This Act may be cited as the ‘‘Consolidated
VETERANS AFFAIRS, AND RELATED
Appropriations Act, 2022’’. Title V—General Provisions
AGENCIES APPROPRIATIONS ACT, 2022
SEC. 2. TABLE OF CONTENTS. DIVISION E—FINANCIAL SERVICES AND
GENERAL GOVERNMENT APPROPRIA- Title I—Department of Defense
Sec. 1. Short title. Title II—Department of Veterans Affairs
TIONS ACT, 2022
Sec. 2. Table of contents. Title III—Related Agencies
Sec. 3. References. Title I—Department of the Treasury
Title IV—General Provisions
Sec. 4. Explanatory statement. Title II—Executive Office of the President and
Funds Appropriated to the Presi- DIVISION K—DEPARTMENT OF STATE,
Sec. 5. Statement of appropriations.
dent FOREIGN OPERATIONS, AND RELATED
Sec. 6. Adjustments to compensation.
Title III—The Judiciary PROGRAMS APPROPRIATIONS ACT, 2022
DIVISION A—AGRICULTURE, RURAL DE- Title IV—District of Columbia Title I—Department of State and Related Agen-
VELOPMENT, FOOD AND DRUG ADMINIS- Title V—Independent Agencies cy
TRATION, AND RELATED AGENCIES AP-
Title VI—General Provisions—This Act Title II—United States Agency for International
PROPRIATIONS ACT, 2022
Title VII—General Provisions—Government- Development
Title I—Agricultural Programs wide Title III—Bilateral Economic Assistance
Title II—Farm Production and Conservation Title VIII—General Provisions—District of Co- Title IV—International Security Assistance
Programs lumbia Title V—Multilateral Assistance
Title III—Rural Development Programs DIVISION F—DEPARTMENT OF HOMELAND Title VI—Export and Investment Assistance
Title IV—Domestic Food Programs SECURITY APPROPRIATIONS ACT, 2022 Title VII—General Provisions
Title V—Foreign Assistance and Related Pro-
Title I—Departmental Management, Operations, DIVISION L—TRANSPORTATION, HOUSING
grams
Intelligence, and Oversight AND URBAN DEVELOPMENT, AND RE-
Title VI—Related Agencies and Food and Drug
Title II—Security, Enforcement, and Investiga- LATED AGENCIES APPROPRIATIONS ACT,
Administration
tions 2022
Title VII—General Provisions
Title III—Protection, Preparedness, Response,
DIVISION B—COMMERCE, JUSTICE, Title I—Department of Transportation
and Recovery
SCIENCE, AND RELATED AGENCIES AP- Title II—Department of Housing and Urban De-
Title IV—Research, Development, Training, and
PROPRIATIONS ACT, 2022 velopment
Services
Title III—Related Agencies
Title I—Department of Commerce Title V—General Provisions
Title IV—General Provisions—This Act
Title II—Department of Justice DIVISION G—DEPARTMENT OF THE INTE-
Title III—Science RIOR, ENVIRONMENT, AND RELATED DIVISION M—COVID SUPPLEMENTAL
Title IV—Related Agencies AGENCIES APPROPRIATIONS ACT, 2022 APPROPRIATIONS ACT, 2022
Title V—General Provisions Title I—Department of the Interior DIVISION N—UKRAINE SUPPLEMENTAL
DIVISION C—DEPARTMENT OF DEFENSE Title II—Environmental Protection Agency APPROPRIATIONS ACT, 2022
APPROPRIATIONS ACT, 2022 Title III—Related Agencies DIVISION O—EXTENSIONS AND TECHNICAL
Title I—Military Personnel Title IV—General Provisions CORRECTIONS
Title II—Operation and Maintenance DIVISION H—DEPARTMENTS OF LABOR, Title I—Flood Insurance
Title III—Procurement HEALTH AND HUMAN SERVICES, AND Title II—Immigration Extensions
Title IV—Research, Development, Test and EDUCATION, AND RELATED AGENCIES Title III—Livestock Reporting Extension
Evaluation APPROPRIATIONS ACT, 2022 Title IV—TVPA Extension
Title V—Revolving and Management Funds Title I—Department of Labor Title V—Budgetary Effects
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b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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H1428 CONGRESSIONAL RECORD — HOUSE March 9, 2022
DIVISION P—HEALTH PROVISIONS DIVISION A—AGRICULTURE, RURAL DE- policy research under 7 U.S.C. 3155: Provided,
VELOPMENT, FOOD AND DRUG ADMINIS- That of the amounts made available under this
DIVISION Q—CONSUMER PROTECTION
TRATION, AND RELATED AGENCIES AP- heading, $500,000 shall be available to carry out
DIVISION R—FAFSA SIMPLIFICATION PROPRIATIONS ACT, 2022 section 224 of subtitle A of the Department of
TITLE I Agriculture Reorganization Act of 1994 (7 U.S.C.
DIVISION S—VETERANS MATTERS
6924), as amended by section 12504 of Public
AGRICULTURAL PROGRAMS
DIVISION T—CREDIT UNION GOVERNANCE Law 115–334.
MODERNIZATION ACT PROCESSING, RESEARCH, AND MARKETING
OFFICE OF HEARINGS AND APPEALS
OFFICE OF THE SECRETARY
DIVISION U—ADJUSTABLE INTEREST RATE For necessary expenses of the Office of Hear-
(LIBOR) ACT (INCLUDING TRANSFERS OF FUNDS) ings and Appeals, $16,173,000.
DIVISION V—HAITI DEVELOPMENT, AC- For necessary expenses of the Office of the OFFICE OF BUDGET AND PROGRAM ANALYSIS
COUNTABILITY, AND INSTITUTIONAL Secretary, $54,710,000, of which not to exceed
For necessary expenses of the Office of Budget
TRANSPARENCY INITIATIVE ACT $7,203,000 shall be available for the immediate
and Program Analysis, $11,337,000.
Office of the Secretary; not to exceed $1,353,000
DIVISION W—VIOLENCE AGAINST WOMEN shall be available for the Office of Homeland Se- OFFICE OF THE CHIEF INFORMATION OFFICER
ACT REAUTHORIZATION ACT OF 2022 curity; not to exceed $2,215,000 shall be available For necessary expenses of the Office of the
for the Office of Tribal Relations; not to exceed Chief Information Officer, $84,746,000, of which
DIVISION X—INTELLIGENCE
$7,044,000 shall be available for the Office of not less than $69,672,000 is for cybersecurity re-
AUTHORIZATION FOR FISCAL YEAR 2022
Partnerships and Public Engagement, of which quirements of the department.
DIVISION Y—CYBER INCIDENT REPORTING $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to OFFICE OF THE CHIEF FINANCIAL OFFICER
FOR CRITICAL INFRASTRUCTURE ACT exceed $24,931,000 shall be available for the Of- For necessary expenses of the Office of the
OF 2022 fice of the Assistant Secretary for Administra- Chief Financial Officer, $7,118,000.
DIVISION Z—ISRAEL RELATIONS tion, of which $23,282,000 shall be available for
Departmental Administration to provide for nec- OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
NORMALIZATION ACT OF 2022 RIGHTS
essary expenses for management support serv-
DIVISION AA—TRANS-SAHARA COUNTER- ices to offices of the Department and for general For necessary expenses of the Office of the As-
TERRORISM PARTNERSHIP PROGRAM administration, security, repairs and alter- sistant Secretary for Civil Rights, $1,426,000:
ations, and other miscellaneous supplies and ex- Provided, That funds made available by this Act
DIVISION BB—EB–5 REFORM AND
penses not otherwise provided for and necessary to an agency in the Civil Rights mission area for
INTEGRITY ACT OF 2022
for the practical and efficient work of the De- salaries and expenses are available to fund up
DIVISION CC—BURIAL EQUITY FOR partment: Provided, That funds made available to one administrative support staff for the Of-
GUARDS AND RESERVES ACT by this Act to an agency in the Administration fice.
DIVISION DD—AUTHORIZATION OF AP- mission area for salaries and expenses are avail- OFFICE OF CIVIL RIGHTS
PROPRIATIONS FOR HIGH TECHNOLOGY able to fund up to one administrative support For necessary expenses of the Office of Civil
PILOT PROGRAM staff for the Office; not to exceed $4,480,000 shall Rights, $35,328,000.
be available for the Office of Assistant Secretary
DIVISION EE—EXTENSION OF VISA for Congressional Relations and Intergovern- AGRICULTURE BUILDINGS AND FACILITIES
WAIVER PROGRAM FEES mental Affairs to carry out the programs funded (INCLUDING TRANSFERS OF FUNDS)
DIVISION FF—AVAILABILITY OF TRAVEL by this Act, including programs involving inter- For payment of space rental and related costs
PROMOTION FUND FOR BRAND USA governmental affairs and liaison within the ex- pursuant to Public Law 92–313, including au-
ecutive branch; and not to exceed $7,484,000 thorities pursuant to the 1984 delegation of au-
DIVISION GG—COOPERATIVE PROJECT shall be available for the Office of Communica- thority from the Administrator of General Serv-
AGREEMENT tions: Provided further, That the Secretary of ices to the Department of Agriculture under 40
DIVISION HH—OTHER MATTERS Agriculture is authorized to transfer funds ap- U.S.C. 121, for programs and activities of the
propriated for any office of the Office of the Department which are included in this Act, and
Title I—Continuing Education at Affected For- Secretary to any other office of the Office of the for alterations and other actions needed for the
eign Institutions Secretary: Provided further, That no appropria- Department and its agencies to consolidate
Title II—NASA Enhanced-Use Lease Extension tion for any office shall be increased or de- unneeded space into configurations suitable for
Act of 2022 creased by more than 5 percent: Provided fur- release to the Administrator of General Services,
Title III—CARES Act Semiannual Testimony ther, That not to exceed $22,000 of the amount and for the operation, maintenance, improve-
made available under this paragraph for the im- ment, and repair of Agriculture buildings and
Title IV—Hidden Figures Congressional Gold
mediate Office of the Secretary shall be avail- facilities, and for related costs, $108,397,000, to
Medal
able for official reception and representation ex- remain available until expended.
Title V—Congressional Oversight of Sensitive penses, not otherwise provided for, as deter-
Programs Not Covered by Other HAZARDOUS MATERIALS MANAGEMENT
mined by the Secretary: Provided further, That
Provisions of Law (INCLUDING TRANSFERS OF FUNDS)
the amount made available under this heading
Title VI—Firefighter Pay for Departmental Administration shall be reim- For necessary expenses of the Department of
bursed from applicable appropriations in this Agriculture, to comply with the Comprehensive
SEC. 3. REFERENCES.
Act for travel expenses incident to the holding Environmental Response, Compensation, and
Except as expressly provided otherwise, any of hearings as required by 5 U.S.C. 551–558: Pro- Liability Act (42 U.S.C. 9601 et seq.) and the
reference to ‘‘this Act’’ contained in any divi- vided further, That funds made available under Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
sion of this Act shall be treated as referring only this heading for the Office of the Assistant Sec- $7,540,000, to remain available until expended:
to the provisions of that division. retary for Congressional Relations and Inter- Provided, That appropriations and funds avail-
SEC. 4. EXPLANATORY STATEMENT. governmental Affairs shall be transferred to able herein to the Department for Hazardous
agencies of the Department of Agriculture fund- Materials Management may be transferred to
The explanatory statement regarding this Act, any agency of the Department for its use in
printed in the House section of the Congres- ed by this Act to maintain personnel at the
agency level: Provided further, That no funds meeting all requirements pursuant to the above
sional Record on or about March 9, 2022, and Acts on Federal and non-Federal lands.
submitted by the chair of the Committee on Ap- made available under this heading for the Office
propriations of the House, shall have the same of Assistant Secretary for Congressional Rela- OFFICE OF SAFETY, SECURITY, AND PROTECTION
effect with respect to the allocation of funds tions may be obligated after 30 days from the For necessary expenses of the Office of Safety,
and implementation of divisions A through L of date of enactment of this Act, unless the Sec- Security, and Protection, $23,306,000.
this Act as if it were a joint explanatory state- retary has notified the Committees on Appro-
OFFICE OF INSPECTOR GENERAL
ment of a committee of conference. priations of both Houses of Congress on the al-
location of these funds by USDA agency: Pro- For necessary expenses of the Office of In-
SEC. 5. STATEMENT OF APPROPRIATIONS. vided further, That during any 30 day notifica- spector General, including employment pursu-
The following sums in this Act are appro- tion period referenced in section 716 of this Act, ant to the Inspector General Act of 1978 (Public
priated, out of any money in the Treasury not the Secretary of Agriculture shall take no action Law 95–452; 5 U.S.C. App.), $106,309,000, includ-
otherwise appropriated, for the fiscal year end- to begin implementation of the action that is ing such sums as may be necessary for con-
subject to section 716 of this Act or make any tracting and other arrangements with public
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ing September 30, 2022.
public announcement of such action in any agencies and private persons pursuant to sec-
SEC. 6. ADJUSTMENTS TO COMPENSATION. tion 6(a)(9) of the Inspector General Act of 1978
form.
Notwithstanding any other provision of law, (Public Law 95–452; 5 U.S.C. App.), and includ-
EXECUTIVE OPERATIONS
no adjustment shall be made under section ing not to exceed $125,000 for certain confiden-
601(a) of the Legislative Reorganization Act of OFFICE OF THE CHIEF ECONOMIST tial operational expenses, including the pay-
1946 (2 U.S.C. 4501) (relating to cost of living ad- For necessary expenses of the Office of the ment of informants, to be expended under the
justments for Members of Congress) during fiscal Chief Economist, $27,199,000, of which $8,000,000 direction of the Inspector General pursuant to
year 2022. shall be for grants or cooperative agreements for the Inspector General Act of 1978 (Public Law
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1429
95–452; 5 U.S.C. App.) and section 1337 of the appropriations hereunder shall be available for EXTENSION ACTIVITIES
Agriculture and Food Act of 1981 (Public Law granting easements at any Agricultural Re- For payments to States, the District of Colum-
97–98). search Service location for the construction of a bia, Puerto Rico, Guam, the Virgin Islands, Mi-
OFFICE OF THE GENERAL COUNSEL research facility by a non-Federal entity for use cronesia, the Northern Marianas, and American
by, and acceptable to, the Agricultural Research Samoa, $550,605,000, which shall be for the pur-
For necessary expenses of the Office of the
Service and a condition of the easements shall poses, and in the amounts, specified in the table
General Counsel, $57,268,000.
be that upon completion the facility shall be ac- titled ‘‘National Institute of Food and Agri-
OFFICE OF ETHICS cepted by the Secretary, subject to the avail- culture, Extension Activities’’ in the explana-
For necessary expenses of the Office of Ethics, ability of funds herein, if the Secretary finds tory statement described in section 4 (in the
$4,277,000. that acceptance of the facility is in the interest matter preceding division A of this consolidated
OFFICE OF THE UNDER SECRETARY FOR of the United States: Provided further, That Act): Provided, That funds for extension serv-
RESEARCH, EDUCATION, AND ECONOMICS funds may be received from any State, other po- ices at 1994 institutions and for facility improve-
litical subdivision, organization, or individual ments at 1890 institutions shall remain available
For necessary expenses of the Office of the
for the purpose of establishing or operating any until expended: Provided further, That institu-
Under Secretary for Research, Education, and
research facility or research project of the Agri- tions eligible to receive funds under 7 U.S.C.
Economics, $3,327,000: Provided, That funds
cultural Research Service, as authorized by law. 3221 for cooperative extension receive no less
made available by this Act to an agency in the
Research, Education, and Economics mission BUILDINGS AND FACILITIES than $1,000,000: Provided further, That funds
area for salaries and expenses are available to For the acquisition of land, construction, re- for cooperative extension under sections 3(b)
fund up to one administrative support staff for pair, improvement, extension, alteration, and and (c) of the Smith-Lever Act (7 U.S.C. 343(b)
the Office: Provided further, That of the purchase of fixed equipment or facilities as nec- and (c)) and section 208(c) of Public Law 93–471
amounts made available under this heading, essary to carry out the agricultural research shall be available for retirement and employees’
$1,000,000 shall be made available for the Office programs of the Department of Agriculture, compensation costs for extension agents.
of the Chief Scientist. where not otherwise provided, $127,805,000 to re- INTEGRATED ACTIVITIES
ECONOMIC RESEARCH SERVICE main available until expended, of which For the integrated research, education, and
$20,000,000 shall be allocated for ARS facilities extension grants programs, including necessary
For necessary expenses of the Economic Re- co-located with university partners, and of
search Service, $87,794,000. administrative expenses, $40,000,000, which shall
which $62,400,000 shall be for the purposes, and be for the purposes, and in the amounts, speci-
NATIONAL AGRICULTURAL STATISTICS SERVICE in the amounts, specified for this account in the fied in the table titled ‘‘National Institute of
For necessary expenses of the National Agri- table titled ‘‘Community Project Funding/Con- Food and Agriculture, Integrated Activities’’ in
cultural Statistics Service, $190,162,000, of which gressionally Directed Spending’’ in the explana- the explanatory statement described in section 4
up to $46,850,000 shall be available until ex- tory statement described in section 4 (in the (in the matter preceding division A of this con-
pended for the Census of Agriculture: Provided, matter preceding division A of this consolidated solidated Act): Provided, That funds for the
That amounts made available for the Census of Act), in accordance with applicable statutory Food and Agriculture Defense Initiative shall
Agriculture may be used to conduct Current In- and regulatory requirements. remain available until September 30, 2023: Pro-
dustrial Report surveys subject to 7 U.S.C. NATIONAL INSTITUTE OF FOOD AND AGRICULTURE vided further, That notwithstanding any other
2204g(d) and (f). RESEARCH AND EDUCATION ACTIVITIES provision of law, indirect costs shall not be
AGRICULTURAL RESEARCH SERVICE For payments to agricultural experiment sta- charged against any Extension Implementation
SALARIES AND EXPENSES tions, for cooperative forestry and other re- Program Area grant awarded under the Crop
search, for facilities, and for other expenses, Protection/Pest Management Program (7 U.S.C.
For necessary expenses of the Agricultural Re-
$1,046,244,000, which shall be for the purposes, 7626).
search Service and for acquisition of lands by
donation, exchange, or purchase at a nominal and in the amounts, specified in the table titled OFFICE OF THE UNDER SECRETARY FOR
cost not to exceed $100, and for land exchanges ‘‘National Institute of Food and Agriculture, MARKETING AND REGULATORY PROGRAMS
where the lands exchanged shall be of equal Research and Education Activities’’ in the ex- For necessary expenses of the Office of the
value or shall be equalized by a payment of planatory statement described in section 4 (in Under Secretary for Marketing and Regulatory
money to the grantor which shall not exceed 25 the matter preceding division A of this consoli- Programs, $1,577,000: Provided, That funds
percent of the total value of the land or interests dated Act): Provided, That funds for research made available by this Act to an agency in the
transferred out of Federal ownership, grants for 1994 institutions, education grants for Marketing and Regulatory Programs mission
$1,633,496,000: Provided, That appropriations 1890 institutions, Hispanic serving institutions area for salaries and expenses are available to
hereunder shall be available for the operation education grants, capacity building for non- fund up to one administrative support staff for
and maintenance of aircraft and the purchase land-grant colleges of agriculture, the agri- the Office.
of not to exceed one for replacement only: Pro- culture and food research initiative, veterinary
medicine loan repayment, multicultural schol- ANIMAL AND PLANT HEALTH INSPECTION SERVICE
vided further, That appropriations hereunder
ars, graduate fellowship and institution chal- SALARIES AND EXPENSES
shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of build- lenge grants, grants management systems, tribal (INCLUDING TRANSFERS OF FUNDS)
ings and improvements, but unless otherwise colleges education equity grants, and scholar- For necessary expenses of the Animal and
provided, the cost of constructing any one build- ships at 1890 institutions shall remain available Plant Health Inspection Service, including up to
ing shall not exceed $500,000, except for until expended: Provided further, That each in- $30,000 for representation allowances and for ex-
headhouses or greenhouses which shall each be stitution eligible to receive funds under the penses pursuant to the Foreign Service Act of
limited to $1,800,000, except for 10 buildings to be Evans-Allen program receives no less than 1980 (22 U.S.C. 4085), $1,110,218,000 of which up
constructed or improved at a cost not to exceed $1,000,000: Provided further, That funds for edu- to $3,474,000 shall be for the purposes, and in
$1,100,000 each, and except for four buildings to cation grants for Alaska Native and Native Ha- the amounts, specified for this account in the
be constructed at a cost not to exceed $5,000,000 waiian-serving institutions be made available to table titled ‘‘Community Project Funding/Con-
each, and the cost of altering any one building individual eligible institutions or consortia of el- gressionally Directed Spending’’ in the explana-
during the fiscal year shall not exceed 10 per- igible institutions with funds awarded equally tory statement described in section 4 (in the
cent of the current replacement value of the to each of the States of Alaska and Hawaii: Pro- matter preceding division A of this consolidated
building or $500,000, whichever is greater: Pro- vided further, That funds for providing grants Act), in accordance with applicable statutory
vided further, That appropriations hereunder for food and agricultural sciences for Alaska and regulatory requirements; of which $491,000,
shall be available for entering into lease agree- Native and Native Hawaiian-Serving institu- to remain available until expended, shall be
ments at any Agricultural Research Service lo- tions and for Insular Areas shall remain avail- available for the control of outbreaks of insects,
cation for the construction of a research facility able until September 30, 2023: Provided further, plant diseases, animal diseases and for control
by a non-Federal entity for use by the Agricul- That funds for education grants for 1890 institu- of pest animals and birds (‘‘contingency fund’’)
tural Research Service and a condition of the tions shall be made available to institutions eli- to the extent necessary to meet emergency condi-
lease shall be that any facility shall be owned, gible to receive funds under 7 U.S.C. 3221 and tions; of which $14,725,000, to remain available
operated, and maintained by the non-Federal 3222: Provided further, That not more than 5 until expended, shall be used for the cotton
entity and shall be removed upon the expiration percent of the amounts made available by this pests program, including for cost share purposes
or termination of the lease agreement: Provided or any other Act to carry out the Agriculture or for debt retirement for active eradication
further, That the limitations on alterations con- and Food Research Initiative under 7 U.S.C. zones; of which $38,486,000, to remain available
tained in this Act shall not apply to moderniza- 3157 may be retained by the Secretary of Agri- until expended, shall be for Animal Health
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tion or replacement of existing facilities at Belts- culture to pay administrative costs incurred by Technical Services; of which $3,040,000 shall be
ville, Maryland: Provided further, That appro- the Secretary in carrying out that authority. for activities under the authority of the Horse
priations hereunder shall be available for grant- NATIVE AMERICAN INSTITUTIONS ENDOWMENT Protection Act of 1970, as amended (15 U.S.C.
ing easements at the Beltsville Agricultural Re- FUND 1831); of which $63,833,000, to remain available
search Center: Provided further, That the fore- For the Native American Institutions Endow- until expended, shall be used to support avian
going limitations shall not apply to replacement ment Fund authorized by Public Law 103–382 (7 health; of which $4,251,000, to remain available
of buildings needed to carry out the Act of April U.S.C. 301 note), $11,880,000, to remain available until expended, shall be for information tech-
24, 1948 (21 U.S.C. 113a): Provided further, That until expended. nology infrastructure; of which $209,553,000, to
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H1430 CONGRESSIONAL RECORD — HOUSE March 9, 2022
remain available until expended, shall be for BUILDINGS AND FACILITIES for salaries and expenses are available to fund
specialty crop pests, of which $8,500,000, to re- For plans, construction, repair, preventive up to one administrative support staff for the
main available until September 30, 2023, shall be maintenance, environmental support, improve- Office.
for one-time control and management and asso- ment, extension, alteration, and purchase of FOOD SAFETY AND INSPECTION SERVICE
ciated activities directly related to the multiple- fixed equipment or facilities, as authorized by 7 For necessary expenses to carry out services
agency response to citrus greening; of which, U.S.C. 2250, and acquisition of land as author- authorized by the Federal Meat Inspection Act,
$11,137,000, to remain available until expended, ized by 7 U.S.C. 2268a, $3,175,000, to remain the Poultry Products Inspection Act, and the
shall be for field crop and rangeland ecosystem available until expended. Egg Products Inspection Act, including not to
pests; of which $20,282,000, to remain available AGRICULTURAL MARKETING SERVICE exceed $10,000 for representation allowances and
until expended, shall be for zoonotic disease for expenses pursuant to section 8 of the Act ap-
MARKETING SERVICES
management; of which $42,021,000, to remain proved August 3, 1956 (7 U.S.C. 1766),
available until expended, shall be for emergency For necessary expenses of the Agricultural
Marketing Service, $226,657,000, of which $1,108,664,000; and in addition, $1,000,000 may be
preparedness and response; of which $61,217,000, credited to this account from fees collected for
to remain available until expended, shall be for $7,000,000 shall be available for the purposes of
section 12306 of Public Law 113–79: Provided, the cost of laboratory accreditation as author-
tree and wood pests; of which $5,751,000, to re- ized by section 1327 of the Food, Agriculture,
main available until expended, shall be for the That of the amounts made available under this
heading, $25,000,000, to remain available until Conservation and Trade Act of 1990 (7 U.S.C.
National Veterinary Stockpile; of which up to 138f): Provided, That funds provided for the
$1,500,000, to remain available until expended, expended, shall be to carry out section 12513 of
Public Law 115–334, of which $23,000,000 shall Public Health Data Communication Infrastruc-
shall be for the scrapie program for indemnities; ture system shall remain available until ex-
of which $2,500,000, to remain available until ex- be for dairy business innovation initiatives es-
tablished in Public Law 116–6 and the Secretary pended: Provided further, That no fewer than
pended, shall be for the wildlife damage man- 148 full-time equivalent positions shall be em-
agement program for aviation safety: Provided, shall take measures to ensure an equal distribu-
tion of funds between these three regional inno- ployed during fiscal year 2022 for purposes dedi-
That any of the funds described in the ‘‘Com- cated solely to inspections and enforcement re-
vation initiatives: Provided further, That this
munity Project Funding/Congressionally Di- lated to the Humane Methods of Slaughter Act
appropriation shall be available pursuant to law
rected Spending’’ table in the explanatory state- (7 U.S.C. 1901 et seq.): Provided further, That
(7 U.S.C. 2250) for the alteration and repair of
ment described in section 4 (in the matter pre- the Food Safety and Inspection Service shall
buildings and improvements, but the cost of al-
ceding division A of this consolidated Act) that continue implementation of section 11016 of
tering any one building during the fiscal year
the Secretary determines will not be obligated Public Law 110–246 as further clarified by the
shall not exceed 10 percent of the current re-
during the fiscal year shall not be subject to the amendments made in section 12106 of Public
placement value of the building.
direction provided in such table: Provided fur- Law 113–79: Provided further, That this appro-
Fees may be collected for the cost of standard-
ther, That of amounts available under this ization activities, as established by regulation priation shall be available pursuant to law (7
heading for wildlife services methods develop- pursuant to law (31 U.S.C. 9701), except for the U.S.C. 2250) for the alteration and repair of
ment, $1,000,000 shall remain available until ex- cost of activities relating to the development or buildings and improvements, but the cost of al-
pended: Provided further, That of amounts maintenance of grain standards under the tering any one building during the fiscal year
available under this heading for the screwworm United States Grain Standards Act, 7 U.S.C. 71 shall not exceed 10 percent of the current re-
program, $4,990,000 shall remain available until et seq. placement value of the building.
expended; of which $24,307,000, to remain avail- TITLE II
LIMITATION ON ADMINISTRATIVE EXPENSES
able until expended, shall be used to carry out FARM PRODUCTION AND CONSERVATION
the science program and transition activities for Not to exceed $61,786,000 (from fees collected)
shall be obligated during the current fiscal year PROGRAMS
the National Bio and Agro-defense Facility lo-
cated in Manhattan, Kansas: Provided further, for administrative expenses: Provided, That if OFFICE OF THE UNDER SECRETARY FOR FARM
That no funds shall be used to formulate or ad- crop size is understated and/or other uncontrol- PRODUCTION AND CONSERVATION
minister a brucellosis eradication program for lable events occur, the agency may exceed this For necessary expenses of the Office of the
the current fiscal year that does not require limitation by up to 10 percent with notification Under Secretary for Farm Production and Con-
minimum matching by the States of at least 40 to the Committees on Appropriations of both servation, $1,687,000: Provided, That funds made
percent: Provided further, That this appropria- Houses of Congress. available by this Act to an agency in the Farm
tion shall be available for the purchase, replace- FUNDS FOR STRENGTHENING MARKETS, INCOME, Production and Conservation mission area for
ment, operation, and maintenance of aircraft: AND SUPPLY (SECTION 32) salaries and expenses are available to fund up
Provided further, That in addition, in emer- (INCLUDING TRANSFERS OF FUNDS) to one administrative support staff for the Of-
gencies which threaten any segment of the agri- fice.
Funds available under section 32 of the Act of
cultural production industry of the United August 24, 1935 (7 U.S.C. 612c), shall be used FARM PRODUCTION AND CONSERVATION BUSINESS
States, the Secretary may transfer from other only for commodity program expenses as author- CENTER
appropriations or funds available to the agen- ized therein, and other related operating ex- SALARIES AND EXPENSES
cies or corporations of the Department such penses, except for: (1) transfers to the Depart- (INCLUDING TRANSFERS OF FUNDS)
sums as may be deemed necessary, to be avail- ment of Commerce as authorized by the Fish
able only in such emergencies for the arrest and For necessary expenses of the Farm Produc-
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); tion and Conservation Business Center,
eradication of contagious or infectious disease (2) transfers otherwise provided in this Act; and
or pests of animals, poultry, or plants, and for $238,177,000: Provided, That $60,228,000 of
(3) not more than $20,817,000 for formulation amounts appropriated for the current fiscal year
expenses in accordance with sections 10411 and and administration of marketing agreements pursuant to section 1241(a) of the Farm Security
10417 of the Animal Health Protection Act (7 and orders pursuant to the Agricultural Mar- and Rural Investment Act of 1985 (16 U.S.C.
U.S.C. 8310 and 8316) and sections 431 and 442 keting Agreement Act of 1937 and the Agricul- 3841(a)) shall be transferred to and merged with
of the Plant Protection Act (7 U.S.C. 7751 and tural Act of 1961 (Public Law 87–128). this account.
7772), and any unexpended balances of funds PAYMENTS TO STATES AND POSSESSIONS
transferred for such emergency purposes in the FARM SERVICE AGENCY
For payments to departments of agriculture,
preceding fiscal year shall be merged with such SALARIES AND EXPENSES
bureaus and departments of markets, and simi-
transferred amounts: Provided further, That ap- (INCLUDING TRANSFERS OF FUNDS)
lar agencies for marketing activities under sec-
propriations hereunder shall be available pursu- For necessary expenses of the Farm Service
tion 204(b) of the Agricultural Marketing Act of
ant to law (7 U.S.C. 2250) for the repair and al- Agency, $1,173,070,000, of which not less than
1946 (7 U.S.C. 1623(b)), $1,235,000.
teration of leased buildings and improvements, $15,000,000 shall be for the hiring of new em-
but unless otherwise provided the cost of alter- LIMITATION ON INSPECTION AND WEIGHING
SERVICES EXPENSES ployees to fill vacancies and anticipated vacan-
ing any one building during the fiscal year shall cies at Farm Service Agency county offices and
not exceed 10 percent of the current replacement Not to exceed $55,000,000 (from fees collected)
farm loan officers and shall be available until
value of the building. shall be obligated during the current fiscal year
September 30, 2023: Provided, That not more
for inspection and weighing services: Provided,
In fiscal year 2022, the agency is authorized to than 50 percent of the funding made available
That if grain export activities require additional
collect fees to cover the total costs of providing under this heading for information technology
supervision and oversight, or other uncontrol-
technical assistance, goods, or services requested related to farm program delivery may be obli-
lable factors occur, this limitation may be ex-
by States, other political subdivisions, domestic gated until the Secretary submits to the Commit-
ceeded by up to 10 percent with notification to
and international organizations, foreign govern- tees on Appropriations of both Houses of Con-
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the Committees on Appropriations of both
ments, or individuals, provided that such fees gress, and receives written or electronic notifica-
Houses of Congress.
are structured such that any entity’s liability tion of receipt from such Committees of, a plan
for such fees is reasonably based on the tech- OFFICE OF THE UNDER SECRETARY FOR FOOD for expenditure that (1) identifies for each
nical assistance, goods, or services provided to SAFETY project/investment over $25,000 (a) the func-
the entity by the agency, and such fees shall be For necessary expenses of the Office of the tional and performance capabilities to be deliv-
reimbursed to this account, to remain available Under Secretary for Food Safety, $1,077,000: ered and the mission benefits to be realized, (b)
until expended, without further appropriation, Provided, That funds made available by this Act the estimated lifecycle cost for the entirety of
for providing such assistance, goods, or services. to an agency in the Food Safety mission area the project/investment, including estimates for
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1431
development as well as maintenance and oper- U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 Project Funding/Congressionally Directed
ations, and (c) key milestones to be met; (2) dem- et seq.) loans, emergency loans (7 U.S.C. 1961 et Spending’’ in the explanatory statement de-
onstrates that each project/investment is, (a) seq.), Indian tribe land acquisition loans (25 scribed in section 4 (in the matter preceding di-
consistent with the Farm Service Agency Infor- U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), vision A of this consolidated Act), in accordance
mation Technology Roadmap, (b) being man- guaranteed conservation loans (7 U.S.C. 1924 et with applicable statutory and regulatory re-
aged in accordance with applicable lifecycle seq.), relending program (7 U.S.C. 1936c), and quirements: Provided, That any of the funds de-
management policies and guidance, and (c) sub- Indian highly fractionated land loans (25 U.S.C. scribed in the table titled ‘‘Community Project
ject to the applicable Department’s capital plan- 5136) to be available from funds in the Agricul- Funding/Congressionally Directed Spending’’ in
ning and investment control requirements; and tural Credit Insurance Fund, as follows: the explanatory statement described in section 4
(3) has been reviewed by the Government Ac- $3,500,000,000 for guaranteed farm ownership (in the matter preceding division A of this con-
countability Office and approved by the Com- loans and $2,800,000,000 for farm ownership di- solidated Act) that the Secretary determines will
mittees on Appropriations of both Houses of rect loans; $2,118,482,000 for unsubsidized guar- not be obligated during the fiscal year shall not
Congress: Provided further, That the agency anteed operating loans and $1,633,333,000 for di- be subject to the direction provided in such
shall submit a report by the end of the fourth rect operating loans; emergency loans, table: Provided further, That appropriations
quarter of fiscal year 2022 to the Committees on $37,668,000; Indian tribe land acquisition loans, hereunder shall be available pursuant to 7
Appropriations and the Government Account- $20,000,000; guaranteed conservation loans, U.S.C. 2250 for construction and improvement of
ability Office, that identifies for each project/in- $150,000,000; relending program, $61,425,000; In- buildings and public improvements at plant ma-
vestment that is operational (a) current perform- dian highly fractionated land loans, $5,000,000; terials centers, except that the cost of alter-
ance against key indicators of customer satisfac- and for boll weevil eradication program loans, ations and improvements to other buildings and
tion, (b) current performance of service level $60,000,000: Provided, That the Secretary shall other public improvements shall not exceed
agreements or other technical metrics, (c) cur- deem the pink bollworm to be a boll weevil for $250,000: Provided further, That when buildings
rent performance against a pre-established cost the purpose of boll weevil eradication program or other structures are erected on non-Federal
baseline, (d) a detailed breakdown of current loans. land, that the right to use such land is obtained
and planned spending on operational enhance- For the cost of direct and guaranteed loans as provided in 7 U.S.C. 2250a: Provided further,
ments or upgrades, and (e) an assessment of and grants, including the cost of modifying That of the total amount available under this
whether the investment continues to meet busi- loans as defined in section 502 of the Congres- heading, $8,500,000 shall be for necessary ex-
ness needs as intended as well as alternatives to sional Budget Act of 1974, as follows: $40,017,000 penses to carry out the Urban Agriculture and
the investment: Provided further, That the Sec- for direct farm operating loans, $16,524,000 for Innovative Production Program under section
retary is authorized to use the services, facili- unsubsidized guaranteed farm operating loans, 222 of subtitle A of title II of the Department of
ties, and authorities (but not the funds) of the $267,000 for emergency loans, $5,000,000 for the Agriculture Reorganization Act of 1994 (7 U.S.C.
Commodity Credit Corporation to make program relending program, and $407,000 for Indian 6923), as amended by section 12302 of Public
payments for all programs administered by the highly fractionated land loans, to remain avail- Law 115–334: Provided further, That of the total
Agency: Provided further, That other funds able until expended.
amount available, $7,000,000 shall remain avail-
made available to the Agency for authorized ac- In addition, for administrative expenses nec-
able until expended for necessary expenses to
tivities may be advanced to and merged with essary to carry out the direct and guaranteed
carry out the Healthy Forests Reserve Program
this account: Provided further, That funds loan programs, $314,772,000: Provided, That of
under the Healthy Forest Restoration Act of
made available to county committees shall re- this amount, $294,114,000 shall be transferred to
2003 (16 U.S.C. 6571–6578).
main available until expended: Provided fur- and merged with the appropriation for ‘‘Farm
ther, That none of the funds available to the Service Agency, Salaries and Expenses’’. WATERSHED AND FLOOD PREVENTION OPERATIONS
Farm Service Agency shall be used to close Farm Funds appropriated by this Act to the Agri-
Service Agency county offices: Provided further, cultural Credit Insurance Program Account for For necessary expenses to carry out preventive
That none of the funds available to the Farm farm ownership, operating and conservation di- measures, including but not limited to surveys
Service Agency shall be used to permanently re- rect loans and guaranteed loans may be trans- and investigations, engineering operations,
locate county based employees that would result ferred among these programs: Provided, That works of improvement, and changes in use of
in an office with two or fewer employees with- the Committees on Appropriations of both land, in accordance with the Watershed Protec-
out prior notification and approval of the Com- Houses of Congress are notified at least 15 days tion and Flood Prevention Act (16 U.S.C. 1001–
mittees on Appropriations of both Houses of in advance of any transfer. 1005 and 1007–1009) and in accordance with the
Congress. RISK MANAGEMENT AGENCY provisions of laws relating to the activities of
STATE MEDIATION GRANTS the Department, $100,000,000, to remain avail-
SALARIES AND EXPENSES
able until expended, of which up to $23,275,000
For grants pursuant to section 502(b) of the For necessary expenses of the Risk Manage- shall be for the purposes, and in the amounts,
Agricultural Credit Act of 1987, as amended (7 ment Agency, $62,707,000: Provided, That specified for this account in the table titled
U.S.C. 5101–5106), $7,000,000. $1,000,000 of the amount appropriated under ‘‘Community Project Funding/Congressionally
GRASSROOTS SOURCE WATER PROTECTION this heading in this Act shall be available for Directed Spending’’ in the explanatory state-
PROGRAM compliance and integrity activities required ment described in section 4 (in the matter pre-
For necessary expenses to carry out wellhead under section 516(b)(2)(C) of the Federal Crop ceding division A of this consolidated Act), in
or groundwater protection activities under sec- Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), accordance with applicable statutory and regu-
tion 1240O of the Food Security Act of 1985 (16 and shall be in addition to amounts otherwise latory requirements: Provided, That for funds
U.S.C. 3839bb–2), $6,500,000, to remain available provided for such purpose: Provided further, provided by this Act or any other prior Act, the
until expended. That not to exceed $1,000 shall be available for limitation regarding the size of the watershed or
DAIRY INDEMNITY PROGRAM official reception and representation expenses, subwatershed exceeding two hundred and fifty
as authorized by 7 U.S.C. 1506(i). thousand acres in which such activities can be
(INCLUDING TRANSFER OF FUNDS)
NATURAL RESOURCES CONSERVATION SERVICE undertaken shall only apply for activities un-
For necessary expenses involved in making in-
demnity payments to dairy farmers and manu- CONSERVATION OPERATIONS dertaken for the primary purpose of flood pre-
facturers of dairy products under a dairy in- For necessary expenses for carrying out the vention (including structural and land treat-
demnity program, such sums as may be nec- provisions of the Act of April 27, 1935 (16 U.S.C. ment measures): Provided further, That of the
essary, to remain available until expended: Pro- 590a–f), including preparation of conservation amounts made available under this heading,
vided, That such program is carried out by the plans and establishment of measures to conserve $10,000,000 shall be allocated to projects and ac-
Secretary in the same manner as the dairy in- soil and water (including farm irrigation and tivities that can commence promptly following
demnity program described in the Agriculture, land drainage and such special measures for soil enactment; that address regional priorities for
Rural Development, Food and Drug Administra- and water management as may be necessary to flood prevention, agricultural water manage-
tion, and Related Agencies Appropriations Act, prevent floods and the siltation of reservoirs and ment, inefficient irrigation systems, fish and
2001 (Public Law 106–387, 114 Stat. 1549A–12). to control agricultural related pollutants); oper- wildlife habitat, or watershed protection; or that
GEOGRAPHICALLY DISADVANTAGED FARMERS AND ation of conservation plant materials centers; address authorized ongoing projects under the
RANCHERS classification and mapping of soil; dissemination authorities of section 13 of the Flood Control
of information; acquisition of lands, water, and Act of December 22, 1944 (Public Law 78–534)
For necessary expenses to carry out direct re-
interests therein for use in the plant materials with a primary purpose of watershed protection
imbursement payments to geographically dis-
program by donation, exchange, or purchase at by preventing floodwater damage and stabi-
advantaged farmers and ranchers under section
a nominal cost not to exceed $100 pursuant to lizing stream channels, tributaries, and banks to
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1621 of the Food Conservation, and Energy Act
the Act of August 3, 1956 (7 U.S.C. 2268a); pur- reduce erosion and sediment transport: Provided
of 2008 (7 U.S.C. 8792), $3,000,000, to remain
chase and erection or alteration or improvement further, That of the amounts made available
available until expended.
of permanent and temporary buildings; and op- under this heading, $10,000,000 shall remain
AGRICULTURAL CREDIT INSURANCE FUND
eration and maintenance of aircraft, available until expended for the authorities
PROGRAM ACCOUNT
$904,396,000, to remain available until September under 16 U.S.C. 1001–1005 and 1007–1009 for au-
(INCLUDING TRANSFERS OF FUNDS) 30, 2023, of which up to $19,611,000 shall be for thorized ongoing watershed projects with a pri-
For gross obligations for the principal amount the purposes, and in the amounts, specified for mary purpose of providing water to rural com-
of direct and guaranteed farm ownership (7 this account in the table titled ‘‘Community munities.
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H1432 CONGRESSIONAL RECORD — HOUSE March 9, 2022
WATERSHED REHABILITATION PROGRAM purposes authorized by section 502(i) of the safe and affordable housing for low-income resi-
Under the authorities of section 14 of the Wa- Housing Act of 1949 (42 U.S.C. 1472(i)), any dents and farm laborers including reducing or
tershed Protection and Flood Prevention Act, amounts collected under such section, as amend- eliminating interest; deferring loan payments,
$1,000,000 is provided. ed by this Act, will immediately be credited to subordinating, reducing or re-amortizing loan
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:
RURAL HOUSING INSURANCE FUND PROGRAM
the limits of funds and borrowing authority Provided, That the Secretary shall, as part of
ACCOUNT
available to each such corporation or agency the preservation and revitalization agreement,
and in accord with law, and to make contracts (INCLUDING TRANSFERS OF FUNDS)
obtain a restrictive use agreement consistent
and commitments without regard to fiscal year For gross obligations for the principal amount
with the terms of the restructuring: Provided
limitations as provided by section 104 of the of direct and guaranteed loans as authorized by
further, That any balances, including obligated
Government Corporation Control Act as may be title V of the Housing Act of 1949, to be avail-
balances, available for all demonstration pro-
necessary in carrying out the programs set forth able from funds in the rural housing insurance
grams for the preservation and revitalization of
in the budget for the current fiscal year for such fund, as follows: $1,250,000,000 shall be for direct
sections 514, 515, and 516 multi-family rental
corporation or agency, except as hereinafter loans and $30,000,000,000 shall be for unsub-
housing properties in the ‘‘Multi-Family Hous-
provided. sidized guaranteed loans; $28,000,000 for section
ing Revitalization Program Account’’ shall be
FEDERAL CROP INSURANCE CORPORATION FUND 504 housing repair loans; $50,000,000 for section
transferred to and merged with this account,
515 rental housing; $250,000,000 for section 538
For payments as authorized by section 516 of and shall also be available for the preservation
guaranteed multi-family housing loans;
the Federal Crop Insurance Act (7 U.S.C. 1516), and revitalization of sections 514, 515, and 516
$10,000,000 for credit sales of single family hous-
such sums as may be necessary, to remain avail- multi-family rental housing properties, includ-
ing acquired property; $5,000,000 for section 523
able until expended. ing the restructuring of existing USDA multi-
self-help housing land development loans; and
COMMODITY CREDIT CORPORATION FUND family housing loans: Provided further, That
$5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, following the transfer of balances described in
REIMBURSEMENT FOR NET REALIZED LOSSES
including the cost of modifying loans, as defined the preceding proviso, any adjustments to obli-
(INCLUDING TRANSFERS OF FUNDS) gations for demonstration programs for the pres-
in section 502 of the Congressional Budget Act
For the current fiscal year, such sums as may ervation and revitalization of sections 514, 515,
of 1974, as follows: section 502 loans, $23,250,000
be necessary to reimburse the Commodity Credit and 516 multi-family rental housing properties
shall be for direct loans; section 504 housing re-
Corporation for net realized losses sustained, that would otherwise be incurred in the ‘‘Multi-
pair loans, $484,000; section 523 self-help hous-
but not previously reimbursed, pursuant to sec- Family Housing Revitalization Program Ac-
ing land development loans, $55,000; section 524
tion 2 of the Act of August 17, 1961 (15 U.S.C. count’’ shall be made in this account from
site development loans, $206,000; and repair, re-
713a–11): Provided, That of the funds available amounts transferred to this account under the
habilitation, and new construction of section
to the Commodity Credit Corporation under sec- preceding proviso.
515 rental housing, $4,470,000: Provided, That to
tion 11 of the Commodity Credit Corporation In addition, for the cost of direct loans,
support the loan program level for section 538
Charter Act (15 U.S.C. 714i) for the conduct of grants, and contracts, as authorized by sections
guaranteed loans made available under this
its business with the Foreign Agricultural Serv- 514 and 516 of the Housing Act of 1949 (42 U.S.C.
heading the Secretary may charge or adjust any
ice, up to $5,000,000 may be transferred to and 1484, 1486), $12,831,000, to remain available until
fees to cover the projected cost of such loan
used by the Foreign Agricultural Service for in- expended, for direct farm labor housing loans
guarantees pursuant to the provisions of the
formation resource management activities of the and domestic farm labor housing grants and
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.),
Foreign Agricultural Service that are not related contracts: Provided, That any balances avail-
and the interest on such loans may not be sub-
to Commodity Credit Corporation business. able for the Farm Labor Program Account shall
sidized: Provided further, That applicants in
HAZARDOUS WASTE MANAGEMENT communities that have a current rural area be transferred to and merged with this account.
In addition, for administrative expenses nec-
(LIMITATION ON EXPENSES) waiver under section 541 of the Housing Act of
essary to carry out the direct and guaranteed
For the current fiscal year, the Commodity 1949 (42 U.S.C. 1490q) shall be treated as living
loan programs, $412,254,000 shall be transferred
Credit Corporation shall not expend more than in a rural area for purposes of section 502 guar-
to and merged with the appropriation for
$15,000,000 for site investigation and cleanup ex- anteed loans provided under this heading: Pro-
‘‘Rural Development, Salaries and Expenses’’.
penses, and operations and maintenance ex- vided further, That of the amounts available
under this paragraph for section 502 direct RENTAL ASSISTANCE PROGRAM
penses to comply with the requirement of section
107(g) of the Comprehensive Environmental Re- loans, no less than $5,000,000 shall be available For rental assistance agreements entered into
sponse, Compensation, and Liability Act (42 for direct loans for individuals whose homes will or renewed pursuant to the authority under sec-
U.S.C. 9607(g)), and section 6001 of the Solid be built pursuant to a program funded with a tion 521(a)(2) of the Housing Act of 1949 or
Waste Disposal Act (42 U.S.C. 6961). mutual and self-help housing grant authorized agreements entered into in lieu of debt forgive-
by section 523 of the Housing Act of 1949 until ness or payments for eligible households as au-
TITLE III
June 1, 2022: Provided further, That the Sec- thorized by section 502(c)(5)(D) of the Housing
RURAL DEVELOPMENT PROGRAMS retary shall implement provisions to provide in- Act of 1949, $1,450,000,000, of which $40,000,000
OFFICE OF THE UNDER SECRETARY FOR RURAL centives to nonprofit organizations and public shall be available until September 30, 2023; and
DEVELOPMENT housing authorities to facilitate the acquisition in addition such sums as may be necessary, as
For necessary expenses of the Office of the of Rural Housing Service (RHS) multifamily authorized by section 521(c) of the Act, to liq-
Under Secretary for Rural Development, housing properties by such nonprofit organiza- uidate debt incurred prior to fiscal year 1992 to
$1,580,000: Provided, That funds made available tions and public housing authorities that com- carry out the rental assistance program under
by this Act to an agency in the Rural Develop- mit to keep such properties in the RHS multi- section 521(a)(2) of the Act: Provided, That rent-
ment mission area for salaries and expenses are family housing program for a period of time as al assistance agreements entered into or re-
available to fund up to one administrative sup- determined by the Secretary, with such incen- newed during the current fiscal year shall be
port staff for the Office. tives to include, but not be limited to, the fol- funded for a one-year period: Provided further,
RURAL DEVELOPMENT lowing: allow such nonprofit entities and public That upon request by an owner of a project fi-
housing authorities to earn a Return on Invest- nanced by an existing loan under section 514 or
SALARIES AND EXPENSES
ment on their own resources to include proceeds 515 of the Act, the Secretary may renew the
(INCLUDING TRANSFERS OF FUNDS) from low income housing tax credit syndication, rental assistance agreement for a period of 20
For necessary expenses for carrying out the own contributions, grants, and developer loans years or until the term of such loan has expired,
administration and implementation of Rural De- at favorable rates and terms, invested in a deal; subject to annual appropriations: Provided fur-
velopment programs, including activities with and allow reimbursement of organizational costs ther, That any unexpended balances remaining
institutions concerning the development and op- associated with owner’s oversight of asset re- at the end of such one-year agreements may be
eration of agricultural cooperatives; and for co- ferred to as ‘‘Asset Management Fee’’ of up to transferred and used for purposes of any debt
operative agreements; $300,285,000: Provided, $7,500 per property. reduction, maintenance, repair, or rehabilita-
That of the amount made available under this In addition, for the cost of direct loans and tion of any existing projects; preservation; and
heading, up to $5,000,000 shall be for the grants, including the cost of modifying loans, as rental assistance activities authorized under
StrikeForce activities of the Department of Agri- defined in section 502 of the Congressional title V of the Act: Provided further, That rental
culture, and may be transferred to agencies of Budget Act of 1974, $34,000,000, to remain avail- assistance provided under agreements entered
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the Department for such purpose, consistent able until expended, for a demonstration pro- into prior to fiscal year 2022 for a farm labor
with the missions and authorities of such agen- gram for the preservation and revitalization of multi-family housing project financed under
cies: Provided further, That notwithstanding the sections 514, 515, and 516 multi-family rental section 514 or 516 of the Act may not be recap-
any other provision of law, funds appropriated housing properties to restructure existing USDA tured for use in another project until such as-
under this heading may be used for advertising multi-family housing loans, as the Secretary sistance has remained unused for a period of 12
and promotional activities that support Rural deems appropriate, expressly for the purposes of consecutive months, if such project has a wait-
Development programs: Provided further, That ensuring the project has sufficient resources to ing list of tenants seeking such assistance or the
in addition to any other funds appropriated for preserve the project for the purpose of providing project has rental assistance eligible tenants
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1433
who are not receiving such assistance: Provided for 7 CFR §3570.61(c): Provided, That $6,000,000 gram Fund Account (7 U.S.C. 1936b),
further, That such recaptured rental assistance of the amount appropriated under this heading $18,889,000.
shall, to the extent practicable, be applied to an- shall be available for a Rural Community Devel- For the cost of direct loans, $1,524,000, as au-
other farm labor multi-family housing project fi- opment Initiative: Provided further, That such thorized by the Intermediary Relending Program
nanced under section 514 or 516 of the Act: Pro- funds shall be used solely to develop the capac- Fund Account (7 U.S.C. 1936b), of which
vided further, That except as provided in the ity and ability of private, nonprofit community- $167,000 shall be available through June 30,
fourth proviso under this heading and notwith- based housing and community development or- 2022, for Federally Recognized Native American
standing any other provision of the Act, the ganizations, low-income rural communities, and Tribes; and of which $305,000 shall be available
Secretary may recapture rental assistance pro- Federally Recognized Native American Tribes to through June 30, 2022, for Mississippi Delta Re-
vided under agreements entered into prior to fis- undertake projects to improve housing, commu- gion counties (as determined in accordance with
cal year 2022 for a project that the Secretary de- nity facilities, community and economic devel- Public Law 100–460): Provided, That such costs,
termines no longer needs rental assistance and opment projects in rural areas: Provided fur- including the cost of modifying such loans, shall
use such recaptured funds for current needs. ther, That such funds shall be made available to be as defined in section 502 of the Congressional
RURAL HOUSING VOUCHER ACCOUNT
qualified private, nonprofit and public inter- Budget Act of 1974.
mediary organizations proposing to carry out a In addition, for administrative expenses to
For the rural housing voucher program as au- program of financial and technical assistance: carry out the direct loan programs, $4,468,000
thorized under section 542 of the Housing Act of Provided further, That such intermediary orga- shall be transferred to and merged with the ap-
1949, but notwithstanding subsection (b) of such nizations shall provide matching funds from propriation for ‘‘Rural Development, Salaries
section, $45,000,000, to remain available until ex- other sources, including Federal funds for re- and Expenses’’.
pended: Provided, That the funds made avail- lated activities, in an amount not less than RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
able under this heading shall be available for funds provided: Provided further, That any un- ACCOUNT
rural housing vouchers to any low-income obligated balances from prior year appropria-
household (including those not receiving rental For the principal amount of direct loans, as
tions under this heading for the cost of direct authorized under section 313B(a) of the Rural
assistance) residing in a property financed with loans, loan guarantees and grants, including
a section 515 loan which has been prepaid or Electrification Act, for the purpose of promoting
amounts deobligated or cancelled, may be made rural economic development and job creation
otherwise paid off after September 30, 2005: Pro- available to cover the subsidy costs for direct
vided further, That the amount of such voucher projects, $50,000,000.
loans and or loan guarantees under this head- The cost of grants authorized under section
shall be the difference between comparable mar- ing in this fiscal year: Provided further, That 313B(a) of the Rural Electrification Act, for the
ket rent for the section 515 unit and the tenant no amounts may be made available pursuant to purpose of promoting rural economic develop-
paid rent for such unit: Provided further, That the preceding proviso from amounts that were ment and job creation projects shall not exceed
funds made available for such vouchers shall be designated by the Congress as an emergency re- $10,000,000.
subject to the availability of annual appropria- quirement pursuant to a Concurrent Resolution
tions: Provided further, That the Secretary RURAL COOPERATIVE DEVELOPMENT GRANTS
on the Budget or the Balanced Budget and
shall, to the maximum extent practicable, ad- Emergency Deficit Control Act of 1985: Provided For rural cooperative development grants au-
minister such vouchers with current regulations further, That $10,000,000 of the amount appro- thorized under section 310B(e) of the Consoli-
and administrative guidance applicable to sec- priated under this heading shall be available for dated Farm and Rural Development Act (7
tion 8 housing vouchers administered by the community facilities grants to tribal colleges, as U.S.C. 1932), $27,600,000, of which $2,800,000
Secretary of the Department of Housing and authorized by section 306(a)(19) of such Act: shall be for cooperative agreements for the ap-
Urban Development: Provided further, That in Provided further, That sections 381E–H and propriate technology transfer for rural areas
addition to any other available funds, the Sec- 381N of the Consolidated Farm and Rural Devel- program: Provided, That not to exceed $3,000,000
retary may expend not more than $1,000,000 opment Act are not applicable to the funds made shall be for grants for cooperative development
total, from the program funds made available available under this heading. centers, individual cooperatives, or groups of co-
under this heading, for administrative expenses RURAL BUSINESS—COOPERATIVE SERVICE operatives that serve socially disadvantaged
for activities funded under this heading: Pro- RURAL BUSINESS PROGRAM ACCOUNT
groups and a majority of the boards of directors
vided further, That any obligated or unobli- or governing boards of which are comprised of
(INCLUDING TRANSFERS OF FUNDS)
gated balances for the rural housing voucher individuals who are members of socially dis-
program in the ‘‘Multi-Family Housing Revital- For the cost of loan guarantees and grants, advantaged groups; and of which $16,000,000, to
ization Program Account’’ shall be transferred for the rural business development programs au- remain available until expended, shall be for
to and merged with this account and available thorized by section 310B and described in sub- value-added agricultural product market devel-
sections (a), (c), (f) and (g) of section 310B of opment grants, as authorized by section 210A of
for the rural housing voucher program.
the Consolidated Farm and Rural Development the Agricultural Marketing Act of 1946, of
MUTUAL AND SELF-HELP HOUSING GRANTS Act, $73,125,000, to remain available until ex- which $3,000,000, to remain available until ex-
For grants and contracts pursuant to section pended: Provided, That of the amount appro- pended, shall be for Agriculture Innovation
523(b)(1)(A) of the Housing Act of 1949 (42 priated under this heading, not to exceed Centers authorized pursuant to section 6402 of
U.S.C. 1490c), $32,000,000, to remain available $500,000 shall be made available for one grant to Public Law 107–171.
until expended. a qualified national organization to provide
RURAL MICROENTREPRENEUR ASSISTANCE
RURAL HOUSING ASSISTANCE GRANTS technical assistance for rural transportation in
PROGRAM
order to promote economic development and
For grants for very low-income housing repair For gross obligations for the principal amount
$9,000,000 shall be for grants to the Delta Re-
and rural housing preservation made by the gional Authority (7 U.S.C. 2009aa et seq.), the of direct loans as authorized by section 379E of
Rural Housing Service, as authorized by 42 Northern Border Regional Commission (40 the Consolidated Farm and Rural Development
U.S.C. 1474, and 1490m, $48,000,000, to remain U.S.C. 15101 et seq.), and the Appalachian Re- Act (U.S.C. 2008s), $150,000,000.
available until expended. gional Commission (40 U.S.C. 14101 et seq.) for For the cost of grants, $6,500,000 under the
RURAL COMMUNITY FACILITIES PROGRAM any Rural Community Advancement Program same terms and conditions as authorized by sec-
ACCOUNT purpose as described in section 381E(d) of the tion 379E of the Consolidated Farm and Rural
(INCLUDING TRANSFERS OF FUNDS) Consolidated Farm and Rural Development Act, Development Act (7 U.S.C. 2008s).
For gross obligations for the principal amount of which not more than 5 percent may be used RURAL ENERGY FOR AMERICA PROGRAM
of direct and guaranteed loans as authorized by for administrative expenses: Provided further, For the cost of a program of loan guarantees
section 306 and described in section 381E(d)(1) of That $4,000,000 of the amount appropriated and grants, under the same terms and condi-
under this heading shall be for business grants tions as authorized by section 9007 of the Farm
the Consolidated Farm and Rural Development
to benefit Federally Recognized Native Amer- Security and Rural Investment Act of 2002 (7
Act, $2,800,000,000 for direct loans and
ican Tribes, including $250,000 for a grant to a U.S.C. 8107), $12,920,000: Provided, That the cost
$650,000,000 for guaranteed loans.
qualified national organization to provide tech- of loan guarantees, including the cost of modi-
For the cost of direct loans, loan guarantees
nical assistance for rural transportation in fying such loans, shall be as defined in section
and grants, including the cost of modifying
order to promote economic development: Pro- 502 of the Congressional Budget Act of 1974.
loans, as defined in section 502 of the Congres-
vided further, That of the amount appropriated HEALTHY FOOD FINANCING INITIATIVE
sional Budget Act of 1974, for rural community
under this heading, $2,000,000 shall be for the
facilities programs as authorized by section 306 For the cost of loans and grants that is con-
Rural Innovation Stronger Economy Grant Pro-
and described in section 381E(d)(1) of the Con- sistent with section 243 of subtitle D of title II
gram (7 U.S.C. 2008w): Provided further, That
solidated Farm and Rural Development Act, of the Department of Agriculture Reorganiza-
sections 381E–H and 381N of the Consolidated
$239,449,000, to remain available until expended, tion Act of 1994 (7 U.S.C. 6953), as added by sec-
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Farm and Rural Development Act are not appli-
of which up to $183,448,714 shall be for the pur- tion 4206 of the Agricultural Act of 2014, for nec-
cable to funds made available under this head-
poses, and in the amounts, specified for this ac- essary expenses of the Secretary to support
ing.
count in the table titled ‘‘Community Project projects that provide access to healthy food in
Funding/Congressionally Directed Spending’’ in INTERMEDIARY RELENDING PROGRAM FUND underserved areas, to create and preserve qual-
the explanatory statement described in section 4 ACCOUNT ity jobs, and to revitalize low-income commu-
(in the matter preceding division A of this con- (INCLUDING TRANSFER OF FUNDS) nities, $5,000,000, to remain available until ex-
solidated Act) in accordance with applicable For the principal amount of direct loans, as pended: Provided, That such costs of loans, in-
statutory and regulatory requirements except authorized by the Intermediary Relending Pro- cluding the cost of modifying such loans, shall
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H1434 CONGRESSIONAL RECORD — HOUSE March 9, 2022
be as defined in section 502 of the Congressional ized under section 19 of the Rural Electrification $436,605,000, to remain available until expended,
Budget Act of 1974. Act of 1936 (7 U.S.C. 918a): Provided further, of which up to $36,604,792 shall be for the pur-
RURAL UTILITIES SERVICE That any prior year balances for high-energy poses, and in the amounts, specified for this ac-
RURAL WATER AND WASTE DISPOSAL PROGRAM cost grants authorized by section 19 of the Rural count in the table titled ‘‘Community Project
ACCOUNT Electrification Act of 1936 (7 U.S.C. 918a) shall Funding/Congressionally Directed Spending’’ in
be transferred to and merged with the Rural the explanatory statement described in section 4
(INCLUDING TRANSFERS OF FUNDS)
Utilities Service, High Energy Cost Grants Ac- (in the matter preceding division A of this con-
For gross obligations for the principal amount count: Provided further, That sections 381E–H solidated Act), in accordance with applicable
of direct and guaranteed loans as authorized by statutory and regulatory requirements: Pro-
and 381N of the Consolidated Farm and Rural
section 306 and described in section 381E(d)(2) of vided, That the Secretary may award grants de-
Development Act are not applicable to the funds
the Consolidated Farm and Rural Development scribed in section 601(a) of the Rural Electrifica-
made available under this heading.
Act, as follows: $1,400,000,000 for direct loans; tion Act of 1936, as amended (7 U.S.C. 950bb(a))
and $50,000,000 for guaranteed loans. RURAL ELECTRIFICATION AND
TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
for the purposes of carrying out such pilot pro-
For the cost of loan guarantees and grants, gram: Provided further, That the cost of direct
including the cost of modifying loans, as defined (INCLUDING TRANSFER OF FUNDS) loans shall be defined in section 502 of the Con-
in section 502 of the Congressional Budget Act The principal amount of direct and guaran- gressional Budget Act of 1974: Provided further,
of 1974, for rural water, waste water, waste dis- teed loans as authorized by sections 4, 305, 306, That at least 90 percent of the households to be
posal, and solid waste management programs and 317 of the Rural Electrification Act of 1936 served by a project receiving a loan or grant
authorized by sections 306, 306A, 306C, 306D, (7 U.S.C. 904, 935, 936, and 940g) shall be made under the pilot program shall be in a rural area
306E, and 310B and described in sections as follows: loans made pursuant to sections 4(c), without sufficient access to broadband: Pro-
306C(a)(2), 306D, 306E, and 381E(d)(2) of the 305(d)(2), 306, and 317, notwithstanding 317(c) vided further, That for purposes of such pilot
Consolidated Farm and Rural Development Act, and 4(c)(2), of that Act, rural direct electric program, a rural area without sufficient access
$653,307,000, to remain available until expended, to broadband shall be defined as twenty-five
loans, $6,500,000,000; guaranteed underwriting
of which not to exceed $1,000,000 shall be avail- megabytes per second downstream and three
loans pursuant to section 313A of that Act,
able for the rural utilities program described in megabytes per second upstream: Provided fur-
$750,000,000; 5 percent rural telecommunications
section 306(a)(2)(B) of such Act, and of which ther, That to the extent possible, projects receiv-
loans, cost of money rural telecommunications
not to exceed $5,000,000 shall be available for the ing funds provided under the pilot program
loans, and for loans made pursuant to section
rural utilities program described in section 306E must build out service to at least one hundred
306 of that Act, rural telecommunications loans,
of such Act: Provided, That not to exceed megabytes per second downstream, and twenty
$690,000,000: Provided, That up to $2,000,000,000
$15,000,000 of the amount appropriated under megabytes per second upstream: Provided fur-
shall be used for the construction, acquisition,
this heading shall be for grants authorized by ther, That an entity to which a loan or grant is
design and engineering or improvement of fossil-
section 306A(i)(2) of the Consolidated Farm and made under the pilot program shall not use the
fueled electric generating plants (whether new
Rural Development Act in addition to funding loan or grant to overbuild or duplicate
or existing) that utilize carbon subsurface utili-
authorized by section 306A(i)(1) of such Act: broadband service in a service area by any enti-
zation and storage systems.
Provided further, That $70,000,000 of the ty that has received a broadband loan from the
For the cost of direct loans as authorized by
amount appropriated under this heading shall Rural Utilities Service unless such service is not
section 305(d)(2) of the Rural Electrification Act
be for loans and grants including water and provided sufficient access to broadband at the
of 1936 (7 U.S.C. 935(d)(2)), including the cost of
waste disposal systems grants authorized by sec- minimum service threshold: Provided further,
modifying loans, as defined in section 502 of the
tion 306C(a)(2)(B) and section 306D of the Con- That not more than four percent of the funds
Congressional Budget Act of 1974, cost of money
solidated Farm and Rural Development Act, and made available in this paragraph can be used
rural telecommunications loans, $2,070,000.
Federally Recognized Native American Tribes for administrative costs to carry out the pilot
In addition, $11,500,000 to remain available
authorized by 306C(a)(1) of such Act: Provided program and up to three percent of funds made
until expended, to carry out section 6407 of the
further, That funding provided for section 306D available in this paragraph may be available for
Farm Security and Rural Investment Act of 2002
of the Consolidated Farm and Rural Develop- technical assistance and pre-development plan-
(7 U.S.C. 8107a): Provided, That the energy effi-
ment Act may be provided to a consortium ning activities to support the most rural commu-
ciency measures supported by the funding in
formed pursuant to section 325 of Public Law nities: Provided further, That the Rural Utilities
this paragraph shall contribute in a demon-
105–83: Provided further, That not more than 2 Service is directed to expedite program delivery
strable way to the reduction of greenhouse
percent of the funding provided for section 306D methods that would implement this paragraph:
gases.
of the Consolidated Farm and Rural Develop- Provided further, That for purposes of this
In addition, for administrative expenses nec-
ment Act may be used by the State of Alaska for paragraph, the Secretary shall adhere to the no-
essary to carry out the direct and guaranteed
training and technical assistance programs and tice, reporting and service area assessment re-
loan programs, $33,270,000, which shall be trans-
not more than 2 percent of the funding provided quirements set forth in section 701 of the Rural
ferred to and merged with the appropriation for
for section 306D of the Consolidated Farm and Electrification Act (7 U.S.C. 950cc).
‘‘Rural Development, Salaries and Expenses’’.
Rural Development Act may be used by a con- In addition, $35,000,000, to remain available
sortium formed pursuant to section 325 of Public DISTANCE LEARNING, TELEMEDICINE, AND until expended, for the Community Connect
Law 105–83 for training and technical assistance BROADBAND PROGRAM Grant Program authorized by 7 U.S.C. 950bb–3.
programs: Provided further, That not to exceed For grants for telemedicine and distance TITLE IV
$37,500,000 of the amount appropriated under learning services in rural areas, as authorized DOMESTIC FOOD PROGRAMS
this heading shall be for technical assistance by 7 U.S.C. 950aaa et seq., $62,510,000, to remain OFFICE OF THE UNDER SECRETARY FOR FOOD,
grants for rural water and waste systems pursu- available until expended, of which up to NUTRITION, AND CONSUMER SERVICES
ant to section 306(a)(14) of such Act, unless the $2,510,000 shall be for the purposes, and in the
For necessary expenses of the Office of the
Secretary makes a determination of extreme amounts, specified for this account in the table
Under Secretary for Food, Nutrition, and Con-
need, of which $8,500,000 shall be made avail- titled ‘‘Community Project Funding/Congres-
sumer Services, $1,327,000: Provided, That funds
able for a grant to a qualified nonprofit multi- sionally Directed Spending’’ in the explanatory
made available by this Act to an agency in the
State regional technical assistance organization, statement described in section 4 (in the matter
Food, Nutrition and Consumer Services mission
with experience in working with small commu- preceding division A of this consolidated Act),
area for salaries and expenses are available to
nities on water and waste water problems, the in accordance with applicable statutory and
fund up to one administrative support staff for
principal purpose of such grant shall be to assist regulatory requirements: Provided, That
the Office.
rural communities with populations of 3,300 or $3,000,000 shall be made available for grants au-
less, in improving the planning, financing, de- thorized by section 379G of the Consolidated FOOD AND NUTRITION SERVICE
velopment, operation, and management of water Farm and Rural Development Act: Provided fur- CHILD NUTRITION PROGRAMS
and waste water systems, and of which not less ther, That funding provided under this heading (INCLUDING TRANSFERS OF FUNDS)
than $800,000 shall be for a qualified national for grants under section 379G of the Consoli- For necessary expenses to carry out the Rich-
Native American organization to provide tech- dated Farm and Rural Development Act may ard B. Russell National School Lunch Act (42
nical assistance for rural water systems for trib- only be provided to entities that meet all of the U.S.C. 1751 et seq.), except section 21, and the
al communities: Provided further, That not to eligibility criteria for a consortium as estab- Child Nutrition Act of 1966 (42 U.S.C. 1771 et
exceed $20,762,000 of the amount appropriated lished by this section. seq.), except sections 17 and 21; $26,883,922,000 to
under this heading shall be for contracting with For the cost of broadband loans, as author- remain available through September 30, 2023, of
qualified national organizations for a circuit ized by sections 601 and 602 of the Rural Elec- which such sums as are made available under
rider program to provide technical assistance for trification Act, $2,272,000, to remain available section 14222(b)(1) of the Food, Conservation,
rfrederick on DSKBCBPHB2PROD with HOUSE
rural water systems: Provided further, That not until expended: Provided, That the cost of direct and Energy Act of 2008 (Public Law 110–246), as
to exceed $4,000,000 of the amounts made avail- loans shall be as defined in section 502 of the amended by this Act, shall be merged with and
able under this heading shall be for solid waste Congressional Budget Act of 1974. available for the same time period and purposes
management grants: Provided further, That For the broadband loan and grant pilot pro- as provided herein: Provided, That of the total
$10,000,000 of the amount appropriated under gram established by section 779 of division A of amount available, $18,004,000 shall be available
this heading shall be transferred to, and merged the Consolidated Appropriations Act, 2018 (Pub- to carry out section 19 of the Child Nutrition
with, the Rural Utilities Service, High Energy lic Law 115–141) under the Rural Electrification Act of 1966 (42 U.S.C. 1771 et seq.): Provided fur-
Cost Grants Account to provide grants author- Act of 1936, as amended (7 U.S.C. 901 et seq.), ther, That of the total amount available,
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1435
$15,607,000 shall be available to carry out stud- be placed in reserve for use only in such area for salaries and expenses are available to
ies and evaluations and shall remain available amounts and at such times as may become nec- fund up to one administrative support staff for
until expended: Provided further, That of the essary to carry out program operations: Pro- the Office.
total amount available, $12,000,000 shall remain vided, That funds provided herein shall be ex-
available until expended to carry out section pended in accordance with section 16 of the OFFICE OF CODEX ALIMENTARIUS
18(g) of the Richard B. Russell National School Food and Nutrition Act of 2008: Provided fur- For necessary expenses of the Office of Codex
Lunch Act (42 U.S.C. 1769(g)): Provided further, ther, That of the funds made available under Alimentarius, $4,841,000, including not to exceed
That notwithstanding section 18(g)(3)(C) of the this heading, $998,000 may be used to provide $40,000 for official reception and representation
Richard B. Russell National School Lunch Act nutrition education services to State agencies expenses.
(42 U.S.C. 1769(g)(3)(c)), the total grant amount and Federally Recognized Tribes participating
provided to a farm to school grant recipient in in the Food Distribution Program on Indian FOREIGN AGRICULTURAL SERVICE
fiscal year 2022 shall not exceed $500,000: Pro- Reservations: Provided further, That of the
vided further, That of the total amount avail- SALARIES AND EXPENSES
funds made available under this heading,
able, $30,000,000 shall be available to provide $3,000,000, to remain available until September (INCLUDING TRANSFERS OF FUNDS)
competitive grants to State agencies for sub- 30, 2023, shall be used to carry out section
grants to local educational agencies and schools 4003(b) of Public Law 115–334 relating to dem- For necessary expenses of the Foreign Agri-
to purchase the equipment, with a value of onstration projects for tribal organizations: Pro- cultural Service, including not to exceed $250,000
greater than $1,000, needed to serve healthier vided further, That this appropriation shall be for representation allowances and for expenses
meals, improve food safety, and to help support subject to any work registration or workfare re- pursuant to section 8 of the Act approved Au-
the establishment, maintenance, or expansion of quirements as may be required by law: Provided gust 3, 1956 (7 U.S.C. 1766), $228,644,000, of
the school breakfast program: Provided further, further, That funds made available for Employ- which no more than 6 percent shall remain
That of the total amount available, $45,000,000 ment and Training under this heading shall re- available until September 30, 2023, for overseas
shall remain available until expended to carry main available through September 30, 2023: Pro- operations to include the payment of locally em-
out section 749(g) of the Agriculture Appropria- vided further, That funds made available under ployed staff: Provided, That the Service may
tions Act of 2010 (Public Law 111–80): Provided this heading for section 28(d)(1), section 4(b), utilize advances of funds, or reimburse this ap-
further, That of the total amount available, and section 27(a) of the Food and Nutrition Act propriation for expenditures made on behalf of
$2,000,000 shall remain available until expended of 2008 shall remain available through Sep- Federal agencies, public and private organiza-
to carry out activities authorized under sub- tember 30, 2023: Provided further, That none of tions and institutions under agreements exe-
sections (a)(2) and (e)(2) of section 21 of the the funds made available under this heading cuted pursuant to the agricultural food produc-
Richard B. Russell National School Lunch Act may be obligated or expended in contravention tion assistance programs (7 U.S.C. 1737) and the
(42 U.S.C. 1769b–1(a)(2) and (e)(2)): Provided of section 213A of the Immigration and Nation- foreign assistance programs of the United States
further, That of the total amount available, ality Act (8 U.S.C. 1183A): Provided further, Agency for International Development: Provided
$6,000,000 shall be available until September 30, That funds made available under this heading further, That funds made available for middle-
2023 to carry out section 23 of the Child Nutri- may be used to enter into contracts and employ income country training programs, funds made
tion Act of 1966 (42 U.S.C. 1793), of which staff to conduct studies, evaluations, or to con- available for the Borlaug International Agricul-
$2,000,000 shall be for grants under such section duct activities related to program integrity pro- tural Science and Technology Fellowship pro-
to the Commonwealth of Puerto Rico, the Com- vided that such activities are authorized by the gram, and up to $2,000,000 of the Foreign Agri-
monwealth of the Northern Mariana Islands, Food and Nutrition Act of 2008. cultural Service appropriation solely for the
the United States Virgin Islands, Guam, and purpose of offsetting fluctuations in inter-
COMMODITY ASSISTANCE PROGRAM
American Samoa: Provided further, That section national currency exchange rates, subject to
26(d) of the Richard B. Russell National School For necessary expenses to carry out disaster
documentation by the Foreign Agricultural
Lunch Act (42 U.S.C. 1769g(d)) is amended in assistance and the Commodity Supplemental
Service, shall remain available until expended.
the first sentence by striking ‘‘2010 through Food Program as authorized by section 4(a) of
2022’’ and inserting ‘‘2010 through 2023’’: Pro- the Agriculture and Consumer Protection Act of FOOD FOR PEACE TITLE II GRANTS
vided further, That section 9(h)(3) of the Rich- 1973 (7 U.S.C. 612c note); the Emergency Food
Assistance Act of 1983; special assistance for the For expenses during the current fiscal year,
ard B. Russell National School Lunch Act (42
nuclear affected islands, as authorized by sec- not otherwise recoverable, and unrecovered
U.S.C. 1758(h)(3)) is amended in the first sen-
tion 103(f)(2) of the Compact of Free Association prior years’ costs, including interest thereon,
tence by striking ‘‘For fiscal year 2021’’ and in-
Amendments Act of 2003 (Public Law 108–188); under the Food for Peace Act (Public Law 83–
serting ‘‘For fiscal year 2022’’: Provided further,
and the Farmers’ Market Nutrition Program, as 480), for commodities supplied in connection
That section 9(h)(4) of the Richard B. Russell
authorized by section 17(m) of the Child Nutri- with dispositions abroad under title II of said
National School Lunch Act (42 U.S.C.
tion Act of 1966, $440,070,000, to remain avail- Act, $1,740,000,000, to remain available until ex-
1758(h)(4)) is amended in the first sentence by
able through September 30, 2023: Provided, That pended.
striking ‘‘For fiscal year 2021’’ and inserting
‘‘For fiscal year 2022’’. none of these funds shall be available to reim- MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDU-
burse the Commodity Credit Corporation for CATION AND CHILD NUTRITION PROGRAM
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
commodities donated to the program: Provided
WOMEN, INFANTS, AND CHILDREN (WIC) GRANTS
further, That notwithstanding any other provi-
For necessary expenses to carry out the spe- sion of law, effective with funds made available For necessary expenses to carry out the provi-
cial supplemental nutrition program as author- in fiscal year 2022 to support the Seniors Farm- sions of section 3107 of the Farm Security and
ized by section 17 of the Child Nutrition Act of ers’ Market Nutrition Program, as authorized by Rural Investment Act of 2002 (7 U.S.C. 1736o–1),
1966 (42 U.S.C. 1786), $6,000,000,000, to remain section 4402 of the Farm Security and Rural In- $237,000,000, to remain available until expended:
available through September 30, 2023: Provided, vestment Act of 2002, such funds shall remain Provided, That the Commodity Credit Corpora-
That notwithstanding section 17(h)(10) of the available through September 30, 2023: Provided tion is authorized to provide the services, facili-
Child Nutrition Act of 1966 (42 U.S.C. further, That of the funds made available under ties, and authorities for the purpose of imple-
1786(h)(10)), not less than $90,000,000 shall be section 27(a) of the Food and Nutrition Act of menting such section, subject to reimbursement
used for breastfeeding peer counselors and other 2008 (7 U.S.C. 2036(a)), the Secretary may use up from amounts provided herein: Provided further,
related activities, and $14,000,000 shall be used to 20 percent for costs associated with the dis- That of the amount made available under this
for infrastructure: Provided further, That none tribution of commodities. heading, not more than 10 percent, but not less
of the funds provided in this account shall be than $23,700,000, shall remain available until ex-
NUTRITION PROGRAMS ADMINISTRATION
available for the purchase of infant formula ex- pended to purchase agricultural commodities as
cept in accordance with the cost containment For necessary administrative expenses of the
Food and Nutrition Service for carrying out any described in subsection 3107(a)(2) of the Farm
and competitive bidding requirements specified Security and Rural Investment Act of 2002 (7
in section 17 of such Act: Provided further, That domestic nutrition assistance program,
$170,133,000: Provided, That of the funds pro- U.S.C. 1736o–1(a)(2)).
none of the funds provided shall be available for
activities that are not fully reimbursed by other vided herein, $2,000,000 shall be used for the COMMODITY CREDIT CORPORATION EXPORT
Federal Government departments or agencies purposes of section 4404 of Public Law 107–171, (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT
unless authorized by section 17 of such Act: Pro- as amended by section 4401 of Public Law 110–
vided further, That upon termination of a feder- 246. (INCLUDING TRANSFERS OF FUNDS)
ally mandated vendor moratorium and subject TITLE V
For administrative expenses to carry out the
to terms and conditions established by the Sec- FOREIGN ASSISTANCE AND RELATED Commodity Credit Corporation’s Export Guar-
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retary, the Secretary may waive the requirement PROGRAMS antee Program, GSM 102 and GSM 103,
at 7 CFR 246.12(g)(6) at the request of a State OFFICE OF THE UNDER SECRETARY FOR TRADE $6,063,000, to cover common overhead expenses
agency. AND FOREIGN AGRICULTURAL AFFAIRS as permitted by section 11 of the Commodity
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For necessary expenses of the Office of the Credit Corporation Charter Act and in con-
For necessary expenses to carry out the Food Under Secretary for Trade and Foreign Agricul- formity with the Federal Credit Reform Act of
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), tural Affairs, $908,000: Provided, That funds 1990, which shall be transferred to and merged
$140,440,868,000, of which $3,000,000,000, to re- made available by this Act to any agency in the with the appropriation for ‘‘Foreign Agricul-
main available through September 30, 2024, shall Trade and Foreign Agricultural Affairs mission tural Service, Salaries and Expenses’’.
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H1436 CONGRESSIONAL RECORD — HOUSE March 9, 2022
TITLE VI $2,115,017,000 shall be for the Center for Drug 21st Century Cures Act, in addition to amounts
RELATED AGENCIES AND FOOD AND DRUG Evaluation and Research and related field ac- available for such purposes under the heading
ADMINISTRATION tivities in the Office of Regulatory Affairs, of ‘‘Salaries and Expenses’’, $50,000,000, to remain
DEPARTMENT OF HEALTH AND HUMAN SERVICES which no less than $8,500,000 shall be for pilots available until expended: Provided, That
to increase unannounced foreign inspections amounts appropriated in this paragraph are ap-
FOOD AND DRUG ADMINISTRATION propriated pursuant to section 1002(b)(3) of the
and shall remain available until expended; (3)
SALARIES AND EXPENSES $456,882,000 shall be for the Center for Biologics 21st Century Cures Act, are to be derived from
(INCLUDING TRANSFERS OF FUNDS) Evaluation and Research and for related field amounts transferred under section 1002(b)(2)(A)
For necessary expenses of the Food and Drug activities in the Office of Regulatory Affairs; (4) of such Act, and may be transferred by the Com-
Administration, including hire and purchase of $254,255,000 shall be for the Center for Veteri- missioner of Food and Drugs to the appropria-
passenger motor vehicles; for payment of space nary Medicine and for related field activities in tion for ‘‘Department of Health and Human
rental and related costs pursuant to Public Law the Office of Regulatory Affairs; (5) $628,639,000 Services Food and Drug Administration Salaries
92–313 for programs and activities of the Food shall be for the Center for Devices and Radio- and Expenses’’ solely for the purposes provided
and Drug Administration which are included in logical Health and for related field activities in in such Act: Provided further, That upon a de-
this Act; for rental of special purpose space in the Office of Regulatory Affairs; (6) $70,348,000 termination by the Commissioner that funds
the District of Columbia or elsewhere; in addi- shall be for the National Center for Toxi- transferred pursuant to the previous proviso are
cological Research; (7) $679,944,000 shall be for not necessary for the purposes provided, such
tion to amounts appropriated to the FDA Inno-
the Center for Tobacco Products and for related amounts may be transferred back to the ac-
vation Account, for carrying out the activities
field activities in the Office of Regulatory Af- count: Provided further, That such transfer au-
described in section 1002(b)(4) of the 21st Cen-
fairs; (8) $192,691,000 shall be for Rent and Re- thority is in addition to any other transfer au-
tury Cures Act (Public Law 114–255); for mis-
lated activities, of which $53,832,000 is for White thority provided by law.
cellaneous and emergency expenses of enforce-
ment activities, authorized and approved by the Oak Consolidation, other than the amounts INDEPENDENT AGENCIES
Secretary and to be accounted for solely on the paid to the General Services Administration for COMMODITY FUTURES TRADING COMMISSION
Secretary’s certificate, not to exceed $25,000; and rent; (9) $235,691,000 shall be for payments to the (INCLUDING TRANSFER OF FUNDS)
notwithstanding section 521 of Public Law 107– General Services Administration for rent; and For necessary expenses to carry out the provi-
188; $6,095,882,000: Provided, That of the amount (10) $329,239,000 shall be for other activities, in- sions of the Commodity Exchange Act (7 U.S.C.
provided under this heading, $1,200,129,000 shall cluding the Office of the Commissioner of Food 1 et seq.), including the purchase and hire of
be derived from prescription drug user fees au- and Drugs, the Office of Food Policy and Re- passenger motor vehicles, and the rental of
thorized by 21 U.S.C. 379h, and shall be credited sponse, the Office of Operations, the Office of space (to include multiple year leases), in the
to this account and remain available until ex- the Chief Scientist, and central services for District of Columbia and elsewhere, $320,000,000,
pended; $243,473,000 shall be derived from med- these offices: Provided further, That not to ex- including not to exceed $3,000 for official recep-
ical device user fees authorized by 21 U.S.C. ceed $25,000 of this amount shall be for official tion and representation expenses, and not to ex-
379j, and shall be credited to this account and reception and representation expenses, not oth- ceed $25,000 for the expenses for consultations
remain available until expended; $539,656,000 erwise provided for, as determined by the Com- and meetings hosted by the Commission with
shall be derived from human generic drug user missioner: Provided further, That any transfer foreign governmental and other regulatory offi-
fees authorized by 21 U.S.C. 379j–42, and shall of funds pursuant to, and for the administration cials, of which not less than $20,000,000 shall re-
be credited to this account and remain available of, section 770(n) of the Federal Food, Drug, main available until September 30, 2023, and of
until expended; $40,040,000 shall be derived from and Cosmetic Act (21 U.S.C. 379dd(n)) shall only which not less than $4,017,000 shall be for ex-
biosimilar biological product user fees author- be from amounts made available under this penses of the Office of the Inspector General:
ized by 21 U.S.C. 379j–52, and shall be credited heading for other activities and shall not exceed Provided, That notwithstanding the limitations
to this account and remain available until ex- $2,000,000: Provided further, That of the in 31 U.S.C. 1553, amounts provided under this
pended; $31,641,000 shall be derived from animal amounts that are made available under this heading are available for the liquidation of obli-
drug user fees authorized by 21 U.S.C. 379j–12, heading for ‘‘other activities’’, and that are not gations equal to current year payments on
and shall be credited to this account and remain derived from user fees, $1,500,000 shall be trans- leases entered into prior to the date of enact-
available until expended; $24,798,000 shall be de- ferred to and merged with the appropriation for ment of this Act: Provided further, That for the
rived from generic new animal drug user fees ‘‘Department of Health and Human Services— purpose of recording and liquidating any lease
authorized by 21 U.S.C. 379j–21, and shall be Office of Inspector General’’ for oversight of the obligations that should have been recorded and
credited to this account and remain available programs and operations of the Food and Drug liquidated against accounts closed pursuant to
until expended; $712,000,000 shall be derived Administration and shall be in addition to funds 31 U.S.C. 1552, and consistent with the pre-
from tobacco product user fees authorized by 21 otherwise made available for oversight of the ceding proviso, such amounts shall be trans-
U.S.C. 387s, and shall be credited to this ac- Food and Drug Administration: Provided fur- ferred to and recorded in a no-year account in
count and remain available until expended: Pro- ther, That funds may be transferred from one the Treasury, which has been established for
vided further, That in addition to and notwith- specified activity to another with the prior ap- the sole purpose of recording adjustments for
standing any other provision under this head- proval of the Committees on Appropriations of and liquidating such unpaid obligations.
ing, amounts collected for prescription drug user both Houses of Congress. In addition, for move, replication, and related
fees, medical device user fees, human generic In addition, mammography user fees author- costs associated with replacement leases for the
drug user fees, biosimilar biological product user ized by 42 U.S.C. 263b, export certification user Commission’s facilities, not to exceed $62,000,000,
fees, animal drug user fees, and generic new fees authorized by 21 U.S.C. 381, priority review to remain available until expended.
animal drug user fees that exceed the respective user fees authorized by 21 U.S.C. 360n and 360ff, FARM CREDIT ADMINISTRATION
fiscal year 2022 limitations are appropriated and food and feed recall fees, food reinspection fees,
LIMITATION ON ADMINISTRATIVE EXPENSES
shall be credited to this account and remain and voluntary qualified importer program fees
authorized by 21 U.S.C. 379j–31, outsourcing fa- Not to exceed $84,200,000 (from assessments
available until expended: Provided further, collected from farm credit institutions, including
That fees derived from prescription drug, med- cility fees authorized by 21 U.S.C. 379j–62, pre-
scription drug wholesale distributor licensing the Federal Agricultural Mortgage Corporation)
ical device, human generic drug, biosimilar bio- shall be obligated during the current fiscal year
logical product, animal drug, and generic new and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing for administrative expenses as authorized under
animal drug assessments for fiscal year 2022, in- 12 U.S.C. 2249: Provided, That this limitation
cluding any such fees collected prior to fiscal and inspection fees authorized by 21 U.S.C.
360eee–3(c)(1), third-party auditor fees author- shall not apply to expenses associated with re-
year 2022 but credited for fiscal year 2022, shall ceiverships: Provided further, That the agency
be subject to the fiscal year 2022 limitations: ized by 21 U.S.C. 384d(c)(8), medical counter-
measure priority review voucher user fees au- may exceed this limitation by up to 10 percent
Provided further, That the Secretary may accept with notification to the Committees on Appro-
payment during fiscal year 2022 of user fees thorized by 21 U.S.C. 360bbb–4a, and fees relat-
ing to over-the-counter monograph drugs au- priations of both Houses of Congress: Provided
specified under this heading and authorized for further, That the purposes of section
fiscal year 2023, prior to the due date for such thorized by 21 U.S.C. 379j–72 shall be credited to
this account, to remain available until ex- 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12
fees, and that amounts of such fees assessed for U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Admin-
fiscal year 2023 for which the Secretary accepts pended.
istration may exempt, an amount in its sole dis-
payment in fiscal year 2022 shall not be included BUILDINGS AND FACILITIES
cretion, from the application of the limitation
in amounts under this heading: Provided fur- For plans, construction, repair, improvement, provided in that clause of export loans described
ther, That none of these funds shall be used to extension, alteration, demolition, and purchase in the clause guaranteed or insured in a manner
develop, establish, or operate any program of of fixed equipment or facilities of or used by the
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other than described in subclause (II) of the
user fees authorized by 31 U.S.C. 9701: Provided Food and Drug Administration, where not oth- clause.
further, That of the total amount appropriated: erwise provided, $12,788,000, to remain available TITLE VII
(1) $1,133,176,000 shall be for the Center for Food until expended.
Safety and Applied Nutrition and related field GENERAL PROVISIONS
FDA INNOVATION ACCOUNT, CURES ACT (INCLUDING RESCISSIONS AND TRANSFERS OF
activities in the Office of Regulatory Affairs, of
which no less than $15,000,000 shall be used for (INCLUDING TRANSFER OF FUNDS) FUNDS)
inspections of foreign seafood manufacturers For necessary expenses to carry out the pur- SEC. 701. The Secretary may use any appro-
and field examinations of imported seafood; (2) poses described under section 1002(b)(4) of the priations made available to the Department of
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1437
Agriculture in this Act to purchase new pas- attributable to the amounts in excess of the true remain available until expended to disburse obli-
senger motor vehicles, in addition to specific ap- costs of the shared services provided by the Na- gations made in the current fiscal year.
propriations for this purpose, so long as the tional Finance Center and budgeted for the Na- SEC. 708. Notwithstanding any other provision
total number of vehicles purchased in fiscal year tional Finance Center, the Secretary shall re- of law, any former Rural Utilities Service bor-
2022 does not exceed the number of vehicles serve not more than 4 percent for the replace- rower that has repaid or prepaid an insured, di-
owned or leased in fiscal year 2018: Provided, ment or acquisition of capital equipment, in- rect or guaranteed loan under the Rural Elec-
That, prior to purchasing additional motor vehi- cluding equipment for the improvement, deliv- trification Act of 1936, or any not-for-profit util-
cles, the Secretary must determine that such ve- ery, and implementation of financial, adminis- ity that is eligible to receive an insured or direct
hicles are necessary for transportation safety, to trative, and information technology services, loan under such Act, shall be eligible for assist-
reduce operational costs, and for the protection and other systems of the National Finance Cen- ance under section 313B(a) of such Act in the
of life, property, and public safety: Provided ter or to pay any unforeseen, extraordinary cost same manner as a borrower under such Act.
further, That the Secretary may not increase of the National Finance Center: Provided fur- SEC. 709. (a) Except as otherwise specifically
the Department of Agriculture’s fleet above the ther, That none of the amounts reserved shall be provided by law, not more than $20,000,000 in
2018 level unless the Secretary notifies in writ- available for obligation unless the Secretary unobligated balances from appropriations made
ing, and receives approval from, the Committees submits written notification of the obligation to available for salaries and expenses in this Act
on Appropriations of both Houses of Congress the Committees on Appropriations of both for the Farm Service Agency shall remain avail-
within 30 days of the notification. Houses of Congress: Provided further, That the able through September 30, 2023, for information
SEC. 702. Notwithstanding any other provision limitations on the obligation of funds pending technology expenses.
of this Act, the Secretary of Agriculture may notification to Congressional Committees shall (b) Except as otherwise specifically provided
transfer unobligated balances of discretionary not apply to any obligation that, as determined by law, not more than $20,000,000 in unobligated
funds appropriated by this Act or any other by the Secretary, is necessary to respond to a balances from appropriations made available for
available unobligated discretionary balances declared state of emergency that significantly salaries and expenses in this Act for the Rural
that are remaining available of the Department impacts the operations of the National Finance Development mission area shall remain avail-
of Agriculture to the Working Capital Fund for Center; or to evacuate employees of the National able through September 30, 2023, for information
the acquisition of property, plant and equip- Finance Center to a safe haven to continue op- technology expenses.
ment and for the improvement, delivery, and im- erations of the National Finance Center. SEC. 710. None of the funds appropriated or
plementation of Department financial, and ad- SEC. 703. No part of any appropriation con- otherwise made available by this Act may be
ministrative information technology services, tained in this Act shall remain available for ob- used for first-class travel by the employees of
and other support systems necessary for the de- ligation beyond the current fiscal year unless agencies funded by this Act in contravention of
livery of financial, administrative, and informa- expressly so provided herein. sections 301–10.122 through 301–10.124 of title 41,
tion technology services, including cloud adop- SEC. 704. No funds appropriated by this Act Code of Federal Regulations.
tion and migration, of primary benefit to the may be used to pay negotiated indirect cost SEC. 711. In the case of each program estab-
agencies of the Department of Agriculture, such rates on cooperative agreements or similar ar- lished or amended by the Agricultural Act of
transferred funds to remain available until ex- rangements between the United States Depart- 2014 (Public Law 113–79) or by a successor to
pended: Provided, That none of the funds made ment of Agriculture and nonprofit institutions that Act, other than by title I or subtitle A of
available by this Act or any other Act shall be in excess of 10 percent of the total direct cost of title III of such Act, or programs for which in-
transferred to the Working Capital Fund with- the agreement when the purpose of such cooper- definite amounts were provided in that Act, that
out the prior approval of the agency adminis- ative arrangements is to carry out programs of is authorized or required to be carried out using
trator: Provided further, That none of the funds mutual interest between the two parties. This funds of the Commodity Credit Corporation—
transferred to the Working Capital Fund pursu- does not preclude appropriate payment of indi- (1) such funds shall be available for salaries
ant to this section shall be available for obliga- rect costs on grants and contracts with such in- and related administrative expenses, including
tion without written notification to and the stitutions when such indirect costs are computed technical assistance, associated with the imple-
prior approval of the Committees on Appropria- on a similar basis for all agencies for which ap- mentation of the program, without regard to the
tions of both Houses of Congress: Provided fur- propriations are provided in this Act. limitation on the total amount of allotments and
ther, That none of the funds appropriated by SEC. 705. Appropriations to the Department of fund transfers contained in section 11 of the
this Act or made available to the Department’s Agriculture for the cost of direct and guaran- Commodity Credit Corporation Charter Act (15
Working Capital Fund shall be available for ob- teed loans made available in the current fiscal U.S.C. 714i); and
ligation or expenditure to make any changes to year shall remain available until expended to (2) the use of such funds for such purpose
the Department’s National Finance Center with- disburse obligations made in the current fiscal shall not be considered to be a fund transfer or
out written notification to and prior approval of year for the following accounts: the Rural De- allotment for purposes of applying the limitation
the Committees on Appropriations of both velopment Loan Fund program account, the on the total amount of allotments and fund
Houses of Congress as required by section 716 of Rural Electrification and Telecommunication transfers contained in such section.
this Act: Provided further, That none of the Loans program account, and the Rural Housing SEC. 712. Of the funds made available by this
funds appropriated by this Act or made avail- Insurance Fund program account. Act, not more than $2,900,000 shall be used to
able to the Department’s Working Capital Fund SEC. 706. None of the funds made available to cover necessary expenses of activities related to
shall be available for obligation or expenditure the Department of Agriculture by this Act may all advisory committees, panels, commissions,
to initiate, plan, develop, implement, or make be used to acquire new information technology and task forces of the Department of Agri-
any changes to remove or relocate any systems, systems or significant upgrades, as determined culture, except for panels used to comply with
missions, personnel, or functions of the offices by the Office of the Chief Information Officer, negotiated rule makings and panels used to
of the Chief Financial Officer and the Chief In- without the approval of the Chief Information evaluate competitively awarded grants.
formation Officer, co-located with or from the Officer and the concurrence of the Executive In- SEC. 713. (a) None of the funds made available
National Finance Center prior to written notifi- formation Technology Investment Review in this Act may be used to maintain or establish
cation to and prior approval of the Committee Board: Provided, That notwithstanding any a computer network unless such network blocks
on Appropriations of both Houses of Congress other provision of law, none of the funds appro- the viewing, downloading, and exchanging of
and in accordance with the requirements of sec- priated or otherwise made available by this Act pornography.
tion 716 of this Act: Provided further, That the may be transferred to the Office of the Chief In- (b) Nothing in subsection (a) shall limit the
National Finance Center Information Tech- formation Officer without written notification use of funds necessary for any Federal, State,
nology Services Division personnel and data to and the prior approval of the Committees on tribal, or local law enforcement agency or any
center management responsibilities, and control Appropriations of both Houses of Congress: Pro- other entity carrying out criminal investiga-
of any functions, missions, and systems for cur- vided further, That notwithstanding section tions, prosecution, or adjudication activities.
rent and future human resources management 11319 of title 40, United States Code, none of the SEC. 714. Notwithstanding subsection (b) of
and integrated personnel and payroll systems funds available to the Department of Agri- section 14222 of Public Law 110–246 (7 U.S.C.
(PPS) and functions provided by the Chief Fi- culture for information technology shall be obli- 612c–6; in this section referred to as ‘‘section
nancial Officer and the Chief Information Offi- gated for projects, contracts, or other agree- 14222’’), none of the funds appropriated or oth-
cer shall remain in the National Finance Center ments over $25,000 prior to receipt of written ap- erwise made available by this or any other Act
and under the management responsibility and proval by the Chief Information Officer: Pro- shall be used to pay the salaries and expenses of
administrative control of the National Finance vided further, That the Chief Information Offi- personnel to carry out a program under section
Center: Provided further, That the Secretary of cer may authorize an agency to obligate funds 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
Agriculture and the offices of the Chief Finan- without written approval from the Chief Infor- in this section referred to as ‘‘section 32’’) in ex-
cial Officer shall actively market to existing and mation Officer for projects, contracts, or other cess of $1,391,211,000 (exclusive of carryover ap-
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new Departments and other government agen- agreements up to $250,000 based upon the per- propriations from prior fiscal years), as follows:
cies National Finance Center shared services in- formance of an agency measured against the Child Nutrition Programs Entitlement Commod-
cluding, but not limited to, payroll, financial performance plan requirements described in the ities—$485,000,000; State Option Contracts—
management, and human capital shared services explanatory statement accompanying Public $5,000,000; Removal of Defective Commodities—
and allow the National Finance Center to per- Law 113–235. $2,500,000; Administration of section 32 Com-
form technology upgrades: Provided further, SEC. 707. Funds made available under section modity Purchases—$36,810,000: Provided, That,
That of annual income amounts in the Working 524(b) of the Federal Crop Insurance Act (7 of the total funds made available in the matter
Capital Fund of the Department of Agriculture U.S.C. 1524(b)) in the current fiscal year shall preceding this proviso that remain unobligated
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H1438 CONGRESSIONAL RECORD — HOUSE March 9, 2022
on October 1, 2022, such unobligated balances of personnel by 10 percent as approved by Con- SEC. 720. No employee of the Department of
shall carryover into fiscal year 2023 and shall gress; or Agriculture may be detailed or assigned from an
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 explanatory
this or any other Act shall be used to pay the Houses of Congress before implementing any statement described in section 4 (in the matter
salaries and expenses of personnel who prepare program or activity not carried out during the preceding division A of this consolidated Act).
or submit appropriations language as part of the previous fiscal year unless the program or activ- SEC. 722. Of the unobligated balances from
President’s budget submission to the Congress ity is funded by this Act or specifically funded amounts made available for the supplemental
for programs under the jurisdiction of the Ap- by any other Act. nutrition program as authorized by section 17 of
propriations Subcommittees on Agriculture, (d) None of the funds provided by this Act, or the Child Nutrition Act of 1966 (42 U.S.C. 1786),
Rural Development, Food and Drug Administra- provided by previous Appropriations Acts to the $621,672,000 are hereby rescinded: Provided,
tion, and Related Agencies that assumes reve- agencies funded by this Act that remain avail- That no amounts may be rescinded from
nues or reflects a reduction from the previous able for obligation or expenditure in the current amounts that were designated by the Congress
year due to user fees proposals that have not fiscal year, or provided from any accounts in as an emergency requirement pursuant to a
been enacted into law prior to the submission of the Treasury derived by the collection of fees Concurrent Resolution on the Budget or the
the budget unless such budget submission iden- available to the agencies funded by this Act, Balanced Budget and Emergency Deficit Con-
tifies which additional spending reductions shall be available for— trol Act of 1985.
should occur in the event the user fees proposals (1) modifying major capital investments fund- SEC. 723. For the purposes of determining eli-
are not enacted prior to the date of the con- ing levels, including information technology sys- gibility or level of program assistance for Rural
vening of a committee of conference for the fis- tems, that involves increasing or decreasing Development programs the Secretary shall not
cal year 2023 appropriations Act. funds in the current fiscal year for the indi- include incarcerated prison populations.
SEC. 716. (a) None of the funds provided by vidual investment in excess of $500,000 or 10 per- SEC. 724. For loans and loan guarantees that
this Act, or provided by previous appropriations cent of the total cost, whichever is less; do not require budget authority and the pro-
Acts to the agencies funded by this Act that re- (2) realigning or reorganizing new, current, or gram level has been established in this Act, the
main available for obligation or expenditure in vacant positions or agency activities or func- Secretary of Agriculture may increase the pro-
the current fiscal year, or provided from any ac- tions to establish a center, office, branch, or gram level for such loans and loan guarantees
counts in the Treasury derived by the collection similar entity with five or more personnel; or by not more than 25 percent: Provided, That
of fees available to the agencies funded by this (3) carrying out activities or functions that prior to the Secretary implementing such an in-
Act, shall be available for obligation or expendi- were not described in the budget request; crease, the Secretary notifies, in writing, the
ture through a reprogramming, transfer of unless the agencies funded by this Act notify, in Committees on Appropriations of both Houses of
funds, or reimbursements as authorized by the writing, the Committees on Appropriations of Congress at least 15 days in advance.
Economy Act, or in the case of the Department both Houses of Congress at least 30 days in ad- SEC. 725. None of the credit card refunds or re-
of Agriculture, through use of the authority vance of using the funds for these purposes. bates transferred to the Working Capital Fund
provided by section 702(b) of the Department of (e) As described in this section, no funds may pursuant to section 729 of the Agriculture,
Agriculture Organic Act of 1944 (7 U.S.C. 2257) be used for any activities unless the Secretary of Rural Development, Food and Drug Administra-
or section 8 of Public Law 89–106 (7 U.S.C. 2263), Agriculture, the Secretary of Health and Human tion, and Related Agencies Appropriations Act,
that— Services, or the Chairman of the Commodity Fu- 2002 (7 U.S.C. 2235a; Public Law 107–76) shall be
(1) creates new programs; tures Trading Commission receives from the available for obligation without written notifi-
(2) eliminates a program, project, or activity; Committee on Appropriations of both Houses of cation to, and the prior approval of, the Com-
(3) increases funds or personnel by any means mittees on Appropriations of both Houses of
Congress written or electronic mail confirmation
for any project or activity for which funds have Congress: Provided, That the refunds or rebates
of receipt of the notification as required in this
been denied or restricted; so transferred shall be available for obligation
(4) relocates an office or employees; section.
(5) reorganizes offices, programs, or activities; SEC. 717. Notwithstanding section 310B(g)(5) only for the acquisition of property, plant and
or of the Consolidated Farm and Rural Develop- equipment, including equipment for the im-
(6) contracts out or privatizes any functions ment Act (7 U.S.C. 1932(g)(5)), the Secretary provement, delivery, and implementation of De-
or activities presently performed by Federal em- may assess a one-time fee for any guaranteed partmental financial management, information
ployees; business and industry loan in an amount that technology, and other support systems necessary
unless the Secretary of Agriculture, the Sec- does not exceed 3 percent of the guaranteed for the delivery of financial, administrative, and
retary of Health and Human Services, or the principal portion of the loan. information technology services, including cloud
Chairman of the Commodity Futures Trading SEC. 718. None of the funds appropriated or adoption and migration, of primary benefit to
Commission (as the case may be) notifies in otherwise made available to the Department of the agencies of the Department of Agriculture.
writing and receives approval from the Commit- Agriculture, the Food and Drug Administration, SEC. 726. None of the funds made available by
tees on Appropriations of both Houses of Con- the Commodity Futures Trading Commission, or this Act may be used to implement, administer,
gress at least 30 days in advance of the re- the Farm Credit Administration shall be used to or enforce the ‘‘variety’’ requirements of the
programming of such funds or the use of such transmit or otherwise make available reports, final rule entitled ‘‘Enhancing Retailer Stand-
authority. questions, or responses to questions that are a ards in the Supplemental Nutrition Assistance
(b) None of the funds provided by this Act, or result of information requested for the appro- Program (SNAP)’’ published by the Department
provided by previous Appropriations Acts to the priations hearing process to any non-Depart- of Agriculture in the Federal Register on Decem-
agencies funded by this Act that remain avail- ment of Agriculture, non-Department of Health ber 15, 2016 (81 Fed. Reg. 90675) until the Sec-
able for obligation or expenditure in the current and Human Services, non-Commodity Futures retary of Agriculture amends the definition of
fiscal year, or provided from any accounts in Trading Commission, or non-Farm Credit Ad- the term ‘‘variety’’ as defined in section
the Treasury derived by the collection of fees ministration employee. 278.1(b)(1)(ii)(C) of title 7, Code of Federal Reg-
available to the agencies funded by this Act, SEC. 719. Unless otherwise authorized by exist- ulations, and ‘‘variety’’ as applied in the defini-
shall be available for obligation or expenditure ing law, none of the funds provided in this Act, tion of the term ‘‘staple food’’ as defined in sec-
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for activities, programs, or projects through a may be used by an executive branch agency to tion 271.2 of title 7, Code of Federal Regulations,
reprogramming or use of the authorities referred produce any prepackaged news story intended to increase the number of items that qualify as
to in subsection (a) involving funds in excess of for broadcast or distribution in the United acceptable varieties in each staple food category
$500,000 or 10 percent, whichever is less, that— States unless the story includes a clear notifica- so that the total number of such items in each
(1) augments existing programs, projects, or tion within the text or audio of the prepackaged staple food category exceeds the number of such
activities; news story that the prepackaged news story was items in each staple food category included in
(2) reduces by 10 percent funding for any ex- prepared or funded by that executive branch the final rule as published on December 15, 2016:
isting program, project, or activity, or numbers agency. Provided, That until the Secretary promulgates
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1439
such regulatory amendments, the Secretary and fittings, manhole covers and other munic- ulation that does not exceed the authorized pop-
shall apply the requirements regarding accept- ipal castings, hydrants, tanks, flanges, pipe ulation limit by more than 10 percent: Provided,
able varieties and breadth of stock to Supple- clamps and restraints, valves, structural steel, That for purposes of this section, the term ‘‘per-
mental Nutrition Assistance Program retailers reinforced precast concrete, and construction sistent poverty counties’’ means any county
that were in effect on the day before the date of materials. that has had 20 percent or more of its popu-
the enactment of the Agricultural Act of 2014 (b) Subsection (a) shall not apply in any case lation living in poverty over the past 30 years,
(Public Law 113–79). or category of cases in which the Secretary of as measured by the 1990 and 2000 decennial cen-
SEC. 727. In carrying out subsection (h) of sec- Agriculture (in this section referred to as the suses, and 2007–2011 American Community Sur-
tion 502 of the Housing Act of 1949 (42 U.S.C. ‘‘Secretary’’) or the designee of the Secretary vey 5-year average, or any territory or posses-
1472), the Secretary of Agriculture shall have finds that— sion of the United States: Provided further,
the same authority with respect to loans guar- (1) applying subsection (a) would be incon- That with respect to specific activities for which
anteed under such section and eligible lenders sistent with the public interest; program levels have been made available by this
for such loans as the Secretary has under sub- (2) iron and steel products are not produced in Act that are not supported by budget authority,
sections (h) and (j) of section 538 of such Act (42 the United States in sufficient and reasonably the requirements of this section shall be applied
U.S.C. 1490p–2) with respect to loans guaranteed available quantities or of a satisfactory quality; to such program level.
under such section 538 and eligible lenders for or SEC. 737. None of the funds made available by
such loans. (3) inclusion of iron and steel products pro- this Act may be used to notify a sponsor or oth-
SEC. 728. None of the funds appropriated or duced in the United States will increase the cost erwise acknowledge receipt of a submission for
otherwise made available by this Act shall be of the overall project by more than 25 percent. an exemption for investigational use of a drug
available for the United States Department of (c) If the Secretary or the designee receives a or biological product under section 505(i) of the
Agriculture to propose, finalize or implement request for a waiver under this section, the Sec- Federal Food, Drug, and Cosmetic Act (21
any regulation that would promulgate new user retary or the designee shall make available to U.S.C. 355(i)) or section 351(a)(3) of the Public
fees pursuant to 31 U.S.C. 9701 after the date of the public on an informal basis a copy of the re- Health Service Act (42 U.S.C. 262(a)(3)) in re-
the enactment of this Act. quest and information available to the Secretary search in which a human embryo is inten-
SEC. 729. None of the funds made available by or the designee concerning the request, and tionally created or modified to include a heri-
this or any other Act may be used to carry out shall allow for informal public input on the re- table genetic modification. Any such submission
the final rule promulgated by the Food and quest for at least 15 days prior to making a find- shall be deemed to have not been received by the
Drug Administration and put into effect Novem- ing based on the request. The Secretary or the Secretary, and the exemption may not go into
ber 16, 2015, in regards to the hazard analysis designee shall make the request and accom- effect.
and risk-based preventive control requirements panying information available by electronic SEC. 738. None of the funds made available by
of the current good manufacturing practice, means, including on the official public Internet this or any other Act may be used to enforce the
hazard analysis, and risk-based preventive con- Web site of the Department. final rule promulgated by the Food and Drug
trols for food for animals rule with respect to (d) This section shall be applied in a manner Administration entitled ‘‘Standards for the
the regulation of the production, distribution, consistent with United States obligations under Growing, Harvesting, Packing, and Holding of
sale, or receipt of dried spent grain byproducts international agreements. Produce for Human Consumption,’’ and pub-
of the alcoholic beverage production process. (e) The Secretary may retain up to 0.25 per- lished on November 27, 2015, with respect to the
SEC. 730. The National Bio and Agro-Defense cent of the funds appropriated in this Act for regulation of entities that grow, harvest, pack,
Facility shall be transferred this or any fiscal ‘‘Rural Utilities Service—Rural Water and or hold wine grapes, hops, pulse crops, or al-
year hereafter without reimbursement from the Waste Disposal Program Account’’ for carrying monds.
Secretary of Homeland Security to the Secretary out the provisions described in subsection (a)(1) SEC. 739. There is hereby appropriated
of Agriculture. for management and oversight of the require- $5,000,000, to remain available until September
SEC. 731. (a) The Secretary of Agriculture ments of this section. 30, 2023, for a pilot program for the National In-
shall— (f) Subsection (a) shall not apply with respect stitute of Food and Agriculture to provide
(1) conduct audits in a manner that evaluates to a project for which the engineering plans and grants to nonprofit organizations for programs
the following factors in the country or region specifications include use of iron and steel prod- and services to establish and enhance farming
being audited, as applicable— ucts otherwise prohibited by such subsection if and ranching opportunities for military vet-
(A) veterinary control and oversight; the plans and specifications have received re- erans.
(B) disease history and vaccination practices; quired approvals from State agencies prior to SEC. 740. For school years 2021–2022 and 2022–
(C) livestock demographics and traceability; the date of enactment of this Act. 2023, none of the funds made available by this
(D) epidemiological separation from potential (g) For purposes of this section, the terms Act may be used to implement or enforce the
sources of infection; ‘‘United States’’ and ‘‘State’’ shall include each matter following the first comma in the second
(E) surveillance practices; of the several States, the District of Columbia, sentence of footnote (c) of section 220.8(c) of title
(F) diagnostic laboratory capabilities; and and each Federally recognized Indian Tribe. 7, Code of Federal Regulations, with respect to
(G) emergency preparedness and response; SEC. 735. None of the funds appropriated by the substitution of vegetables for fruits under
and this Act may be used in any way, directly or in- the school breakfast program established under
(2) promptly make publicly available the final directly, to influence congressional action on section 4 of the Child Nutrition Act of 1966 (42
reports of any audits or reviews conducted pur- any legislation or appropriation matters pend- U.S.C. 1773).
suant to subsection (1). ing before Congress, other than to communicate SEC. 741. None of the funds made available by
(b) This section shall be applied in a manner to Members of Congress as described in 18 U.S.C. this Act or any other Act may be used—
consistent with United States obligations under 1913. (1) in contravention of section 7606 of the Ag-
its international trade agreements. SEC. 736. Of the total amounts made available ricultural Act of 2014 (7 U.S.C. 5940), subtitle G
SEC. 732. None of the funds made available by by this Act for direct loans and grants under the of the Agricultural Marketing Act of 1946, or
this Act may be used to implement section 3.7(f) following headings: ‘‘Rural Housing Service— section 10114 of the Agriculture Improvement
of the Farm Credit Act of 1971 in a manner in- Rural Housing Insurance Fund Program Ac- Act of 2018; or
consistent with section 343(a)(13) of the Consoli- count’’; ‘‘Rural Housing Service—Mutual and (2) to prohibit the transportation, processing,
dated Farm and Rural Development Act. Self-Help Housing Grants’’; ‘‘Rural Housing sale, or use of hemp, or seeds of such plant, that
SEC. 733. None of the funds made available by Service—Rural Housing Assistance Grants’’; is grown or cultivated in accordance with sec-
this Act may be used to carry out any activities ‘‘Rural Housing Service—Rural Community Fa- tion 7606 of the Agricultural Act of 2014 or Sub-
or incur any expense related to the issuance of cilities Program Account’’; ‘‘Rural Business-Co- title G of the Agricultural Marketing Act of
licenses under section 3 of the Animal Welfare operative Service—Rural Business Program Ac- 1946, within or outside the State in which the
Act (7 U.S.C. 2133), or the renewal of such li- count’’; ‘‘Rural Business-Cooperative Service— hemp is grown or cultivated.
censes, to class B dealers who sell Random Rural Economic Development Loans Program SEC. 742. There is hereby appropriated
Source dogs and cats for use in research, experi- Account’’; ‘‘Rural Business-Cooperative Serv- $3,000,000, to remain available until expended,
ments, teaching, or testing. ice—Rural Cooperative Development Grants’’; for grants under section 12502 of Public Law
SEC. 734. (a)(1) No Federal funds made avail- ‘‘Rural Business-Cooperative Service—Rural 115–334.
able for this fiscal year for the rural water, Microentrepreneur Assistance Program’’; SEC. 743. There is hereby appropriated
waste water, waste disposal, and solid waste ‘‘Rural Utilities Service—Rural Water and $1,000,000 to carry out section 3307 of Public
management programs authorized by sections Waste Disposal Program Account’’; ‘‘Rural Util- Law 115–334.
306, 306A, 306C, 306D, 306E, and 310B of the ities Service—Rural Electrification and Tele- SEC. 744. The Secretary of Agriculture may
Consolidated Farm and Rural Development Act communications Loans Program Account’’; and waive the matching funds requirement under
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(7 U.S.C. 1926 et seq.) shall be used for a project ‘‘Rural Utilities Service—Distance Learning, section 412(g) of the Agricultural Research, Ex-
for the construction, alteration, maintenance, or Telemedicine, and Broadband Program’’, to the tension, and Education Reform Act of 1998 (7
repair of a public water or wastewater system maximum extent feasible, at least 10 percent of U.S.C. 7632(g)).
unless all of the iron and steel products used in the funds shall be allocated for assistance in SEC. 745. There is hereby appropriated
the project are produced in the United States. persistent poverty counties under this section, $2,000,000, to remain available until expended,
(2) In this section, the term ‘‘iron and steel including, notwithstanding any other provision for a pilot program for the Secretary to provide
products’’ means the following products made regarding population limits, any county seat of grants to qualified non-profit organizations and
primarily of iron or steel: lined or unlined pipes such a persistent poverty county that has a pop- public housing authorities to provide technical
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H1440 CONGRESSIONAL RECORD — HOUSE March 9, 2022
assistance, including financial and legal serv- 940c(b)), shall be applied for fiscal year 2022 and propriation for ‘‘Food Safety and Inspection
ices, to RHS multi-family housing borrowers to each fiscal year thereafter until the specified Service’’.
facilitate the acquisition of RHS multi-family funding has been expended as if the following SEC. 762. None of the funds made available by
housing properties in areas where the Secretary were inserted after the final period in subsection this Act may be used to pay the salaries or ex-
determines a risk of loss of affordable housing, (b)(2): ‘‘In addition, the Secretary shall use penses of personnel—
by non-profit housing organizations and public $425,000,000 of funds available in this sub- (1) to inspect horses under section 3 of the
housing authorities as authorized by law that account in fiscal year 2019 for an additional Federal Meat Inspection Act (21 U.S.C. 603);
commit to keep such properties in the RHS amount for the same purpose and under the (2) to inspect horses under section 903 of the
multi-family housing program for a period of same terms and conditions as funds appro- Federal Agriculture Improvement and Reform
time as determined by the Secretary. priated by section 779 of Public Law 115–141, Act of 1996 (7 U.S.C. 1901 note; Public Law 104–
SEC. 746. There is hereby appropriated shall use $255,000,000 of funds available in this 127); or
$3,000,000, to carry out section 4208 of Public subaccount in fiscal year 2020 for an additional (3) to implement or enforce section 352.19 of
Law 115–334, including for project locations in amount for the same purpose and under the title 9, Code of Federal Regulations (or a suc-
additional regions and timely completion of re- same terms and conditions as funds appro- cessor regulation).
quired reporting to Congress. priated by section 779 of Public Law 115–141, SEC. 763. For an additional amount for ‘‘Na-
SEC. 747. There is hereby appropriated shall use $104,000,000 of funds available in this tional Institute of Food and Agriculture—Re-
$4,000,000 to carry out section 12301 of Public subaccount in fiscal year 2021 for an additional search and Education Activities’’, $300,000, for
Law 115–334. amount for the same purpose and under the the Under Secretary for Research, Education,
SEC. 748. In response to an eligible community same terms and conditions as funds appro- and Economics to convene a blue-ribbon panel
where the drinking water supplies are inad- priated by section 779 of Public Law 115–141, for the purpose of evaluating the overall struc-
equate due to a natural disaster, as determined and shall use $50,000,000 of funds available in ture of research and education through the pub-
by the Secretary, including drought or severe this subaccount in fiscal year 2022 for an addi- lic and land-grant universities, including 1890
weather, the Secretary may provide potable tional amount for the same purpose and under Institutions, to define a new architecture that
water through the Emergency Community Water the same terms and conditions as funds appro- can better integrate, coordinate, and assess eco-
Assistance Grant Program for an additional pe- priated by section 779 of Public Law 115–141.’’: nomic impact of the collective work of these in-
riod of time not to exceed 120 days beyond the Provided, That any use of such funds shall be stitutions.
established period provided under the Program treated as a reprogramming of funds under sec- SEC. 764. For an additional amount for ‘‘Na-
in order to protect public health. tion 716 of this Act: Provided further, That sec- tional Institute of Food and Agriculture—Re-
SEC. 749. Funds made available under title II tion 775(b) of division A of Public Law 116–260 search and Education Activities’’, $5,000,000, to
of the Food for Peace Act (7 U.S.C. 1721 et seq.) shall no longer apply. remain available until September 30, 2023, for a
may only be used to provide assistance to recipi- SEC. 756. There is hereby appropriated competitive grant to an institution in the land-
ent nations if adequate monitoring and controls, $400,000 to carry out section 1672(g)(4)(B) of the grant university system to establish a Farm of
as determined by the Administrator, are in place Food, Agriculture, Conservation, and Trade Act the Future testbed and demonstration site.
to ensure that emergency food aid is received by of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by SEC. 765. Section 788(b) of the Further Con-
the intended beneficiaries in areas affected by section 7209 of Public Law 115–334. solidated Appropriations Act, 2020 (Public Law
food shortages and not diverted for unauthor- SEC. 757. For an additional amount for ‘‘Na- 116–94) is amended to read as follows:
ized or inappropriate purposes. tional Institute of Food and Agriculture—Re- ‘‘(b) hereafter, make publicly available via
SEC. 750. In this fiscal year, and notwith- search and Education Activities’’, $1,000,000, to searchable database, in their entirety without
standing any other provision of law, ARS facili- develop a public-private cooperative framework redactions except signatures, the following
ties as described in the ‘‘Memorandum of Under- based on open data standards for neutral data records:
standing Between the U.S. Department of Agri- repository solutions to preserve and share the ‘‘(1) all final Animal Welfare Act inspection
culture Animal and Plant Health Inspection big data generated by technological advance- reports, including all reports documenting all
Service (APHIS) and the U.S. Department of ments in the agriculture industry and for the Animal Welfare Act violations and non-compli-
Agriculture Agricultural Research Service (ARS) preservation and curation of data in collabora- ances observed by USDA officials and all animal
Concerning Laboratory Animal Welfare’’ (16– tion with land-grant universities. inventories for the current year and the pre-
6100–0103–MU Revision 16–1) shall be inspected SEC. 758. Notwithstanding any other provision ceding three years;
by APHIS for compliance with the Animal Wel- of law, no funds available to the Department of ‘‘(2) all final Animal Welfare Act and Horse
fare Act and its regulations and standards. Agriculture may be used to move any staff office Protection Act enforcement records for the cur-
SEC. 751. None of the funds made available by or any agency from the mission area in which it rent year and the preceding three years;
this Act may be used to procure raw or proc- was located on August 1, 2018, to any other mis- ‘‘(3) all reports or other materials docu-
essed poultry products imported into the United sion area or office within the Department in the menting any violations and non-compliances ob-
States from the People’s Republic of China for absence of the enactment of specific legislation served by USDA officials for the current year
use in the school lunch program under the Rich- affirming such move. and the preceding three years; and
ard B. Russell National School Lunch Act (42 SEC. 759. The Secretary, acting through the ‘‘(4) within six months of receipt by the agen-
U.S.C. 1751 et seq.), the Child and Adult Care Chief of the Natural Resources Conservation cy, all final Animal Welfare Act research facil-
Food Program under section 17 of such Act (42 Service, may use funds appropriated under this ity annual reports, including their attachments
U.S.C. 1766), the Summer Food Service Program Act or any other Act for the Watershed and with appropriate redactions made for confiden-
for Children under section 13 of such Act (42 Flood Prevention Operations Program and the tial business information that USDA could with-
U.S.C. 1761), or the school breakfast program Watershed Rehabilitation Program carried out hold under FOIA Exemption 4.’’.
under the Child Nutrition Act of 1966 (42 U.S.C. pursuant to the Watershed Protection and SEC. 766. None of the funds made available by
1771 et seq.). Flood Prevention Act (16 U.S.C. 1001 et seq.), this Act may be used to propose, promulgate, or
SEC. 752. For school year 2022–2023, only a and for the Emergency Watershed Protection implement any rule, or take any other action
school food authority that had a negative bal- Program carried out pursuant to section 403 of with respect to, allowing or requiring informa-
ance in the nonprofit school food service ac- the Agricultural Credit Act of 1978 (16 U.S.C. tion intended for a prescribing health care pro-
count as of December 31, 2021, shall be required 2203) to provide technical services for such pro- fessional, in the case of a drug or biological
to establish a price for paid lunches in accord- grams pursuant to section 1252(a)(1) of the Food product subject to section 503(b)(1) of the Fed-
ance with section 12(p) of the Richard B. Rus- Security Act of 1985 (16 U.S.C. 3851(a)(1)), not- eral Food, Drug, and Cosmetic Act (21 U.S.C.
sell National School Lunch Act (42 U.S.C. withstanding subsection (c) of such section. 353(b)(1)), to be distributed to such professional
1760(p)). SEC. 760. In administering the pilot program electronically (in lieu of in paper form) unless
SEC. 753. There is hereby appropriated established by section 779 of division A of the and until a Federal law is enacted to allow or
$2,000,000, to remain available until expended, Consolidated Appropriations Act, 2018 (Public require such distribution.
for the Secretary of Agriculture to carry out a Law 115–141), the Secretary of Agriculture may, SEC. 767. There is hereby appropriated
pilot program that assists rural hospitals to im- for purposes of determining entities eligible to $5,000,000, to remain available until expended,
prove long-term operations and financial health receive assistance, consider those communities to establish a National Farm to School Institute
by providing technical assistance through anal- which are ‘‘Areas Rural in Character’’: Pro- to provide technical and practical assistance to
ysis of current hospital management practices. vided, That not more than 10 percent of the Farm to School programs across the country and
SEC. 754. Any funds made available by this or funds made available under the heading ‘‘Dis- shall be located at Shelburne Farms in
any other Act that the Secretary withholds pur- tance Learning, Telemedicine, and Broadband Shelburne, VT.
suant to section 1668(g)(2) of the Food, Agri- Program’’ for the purposes of the pilot program SEC. 768. Out of amounts appropriated to the
culture, Conservation, and Trade Act of 1990 (7 established by section 779 of Public Law 115–141 Food and Drug Administration under title VI,
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U.S.C. 5921(g)(2)), as amended, shall be avail- may be used for this purpose. the Secretary of Health and Human Services,
able for grants for biotechnology risk assessment SEC. 761. There is hereby appropriated acting through the Commissioner of Food and
research: Provided, That the Secretary may $24,525,000 for the Goodfellow Federal facility, Drugs, shall, not later than September 30, 2022,
transfer such funds among appropriations of the to remain available until expended, of which and following the review required under Execu-
Department of Agriculture for purposes of mak- $12,000,000 shall be transferred to and merged tive Order No. 12866 (5 U.S.C. 601 note; relating
ing such grants. with the appropriation for ‘‘Office of the Chief to regulatory planning and review), issue advice
SEC. 755. Section 313(b) of the Rural Elec- Information Officer’’, and of which $12,525,000 revising the advice provided in the notice of
trification Act of 1936, as amended (7 U.S.C. shall be transferred to and merged with the ap- availability entitled ‘‘Advice About Eating Fish,
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1441
From the Environmental Protection Agency and ther, That administrative or other fees shall not SEC. 786. The matter under the heading ‘‘De-
Food and Drug Administration; Revised Fish exceed one percent: Provided further, That such partment of Agriculture—Rural Development
Advice; Availability’’ (82 Fed. Reg. 6571 (Janu- partnership shall coordinate and publish an an- Programs—Rural Utilities Service—Distance
ary 19, 2017)), in a manner that is consistent nual report. Learning, Telemedicine, and Broadband’’ in
with nutrition science recognized by the Food SEC. 779. There is hereby appropriated title I of division J of Public Law 117–58 is
and Drug Administration on the net effects of $1,000,000, to remain available until September amended—
seafood consumption. 30, 2023, for a Cattle Contracts Library pilot (1) in the eighth proviso, by striking ‘‘electric
SEC. 769. In addition to amounts otherwise program that the Agricultural Marketing Serv- cooperatives’’ and inserting ‘‘pole owners’’ and;
made available by this Act and notwithstanding ice shall develop and maintain within the Live- (2) in the ninth proviso, by inserting a comma
the last sentence of 16 U.S.C. 1310, there is ap- stock, Poultry, and Grain Market News Divi- after ‘‘Corporations’’.
propriated $4,000,000, to remain available until sion. This program shall be similar, as deter- Provided, That amounts repurposed pursuant
expended, to implement non-renewable agree- mined by the Secretary, to the swine contract li- to this section that were previously designated
ments on eligible lands, including flooded agri- brary the U.S. Department of Agriculture cur- by the Congress as an emergency requirement
cultural lands, as determined by the Secretary, rently maintains pursuant to section 222 of the pursuant to section 4112(a) of H. Con. Res. 71
under the Water Bank Act (16 U.S.C. 1301–1311). Packers and Stockyards Act (7 U.S.C. 198a). The (115th Congress), the concurrent resolution on
SEC. 770. The Secretary shall set aside for promulgation of the regulations and administra- the budget for fiscal year 2018, and to section
Rural Economic Area Partnership (REAP) tion of this section shall be made without regard 251(b) of the Balanced Budget and Emergency
Zones, until August 15, 2022, an amount of to: (1) the notice and comment provisions of sec- Deficit Control Act of 1985 are designated by the
funds made available in title III under the head- tion 553 of title 5; and (2) chapter 35 of title 44 Congress as an emergency requirement pursuant
ings of Rural Housing Insurance Fund Program (commonly known as the ‘‘Paperwork Reduction to section 4001(a)(1) and section 4001(b) of S.
Account, Mutual and Self-Help Housing Grants, Act’’). Con. Res. 14 (117th Congress), the concurrent
Rural Housing Assistance Grants, Rural Com- SEC. 780. There is hereby appropriated resolution on the budget for fiscal year 2022.
munity Facilities Program Account, Rural Busi- $10,000,000, to remain available until expended, SEC. 787. The Secretary shall use funds made
ness Program Account, Rural Development for costs associated with the establishment of an available under the heading ‘‘Special Supple-
Loan Fund Program Account, and Rural Water Institute of Rural Partnership, located at the mental Nutrition Program for Women, Infants,
and Waste Disposal Program Account, equal to University of Vermont, Burlington, VT. and Children (WIC)’’ to increase the amount of
SEC. 781. Notwithstanding any provision of
the amount obligated in REAP Zones with re- a cash-value voucher for women and children
law that regulates the calculation and payment
spect to funds provided under such headings in participants to an amount recommended by the
of overtime and holiday pay for FSIS inspectors,
the most recent fiscal year any such funds were National Academies of Science, Engineering and
the Secretary may charge establishments subject
obligated under such headings for REAP Zones. Medicine and adjusted for inflation.
SEC. 771. There is hereby appropriated to the inspection requirements of the Poultry
This division may be cited as the ‘‘Agri-
$5,000,000, to remain available until expended, Products Inspection Act, 21 U.S.C. 451 et seq.,
culture, Rural Development, Food and Drug Ad-
to carry out section 2103 of Public Law 115–334: the Federal Meat Inspection Act, 21 U.S.C. 601
ministration, and Related Agencies Appropria-
et seq, and the Egg Products Inspection Act, 21
Provided, That the Secretary shall prioritize the tions Act, 2022’’.
U.S.C. 1031 et seq., for the cost of inspection
wetland compliance needs of areas with signifi- DIVISION B—COMMERCE, JUSTICE,
services provided outside of an establishment’s
cant numbers of individual wetlands, wetland SCIENCE, AND RELATED AGENCIES AP-
approved inspection shifts, and for inspection
acres, and conservation compliance requests. PROPRIATIONS ACT, 2022
SEC. 772. Notwithstanding any other provision services provided on Federal holidays: Provided,
of law, the acceptable market name of any engi- That any sums charged pursuant to this para- TITLE I
graph shall be deemed as overtime pay or holi- DEPARTMENT OF COMMERCE
neered animal approved prior to the effective
day pay under section 1001(d) of the American
date of the National Bioengineered Food Disclo- INTERNATIONAL TRADE ADMINISTRATION
Rescue Plan Act of 2021 (Public Law 117–2, 135
sure Standard (February 19, 2019) shall include OPERATIONS AND ADMINISTRATION
Stat. 242): Provided further, That sums received
the words ‘‘genetically engineered’’ prior to the
by the Secretary under this paragraph shall, in For necessary expenses for international trade
existing acceptable market name.
SEC. 773. Section 9(i)(2) of the Food and Nutri- addition to other available funds, remain avail- activities of the Department of Commerce pro-
able until expended to the Secretary without vided for by law, to carry out activities associ-
tion Act of 2008 (7 U.S.C. 2018(i)(2)) is amended
further appropriation for the purpose of fund- ated with facilitating, attracting, and retaining
by striking ‘‘December 31, 2021’’ and inserting
ing all costs associated with FSIS inspections. business investment in the United States, and
‘‘December 31, 2022’’. SEC. 782. Of the unobligated balances from
SEC. 774. There is hereby appropriated for engaging in trade promotional activities
prior year appropriations made available under abroad, including expenses of grants and coop-
$500,000 to carry out the duties of the working
the heading ‘‘Farm Service Agency—Agricul- erative agreements for the purpose of promoting
group established under section 770 of the Agri-
tural Credit Insurance Fund Program Ac- exports of United States firms, without regard to
culture, Rural Development, Food and Drug Ad- count’’, $90,000,000 are hereby rescinded.
ministration, and Related Agencies Appropria- sections 3702 and 3703 of title 44, United States
SEC. 783. Of the unobligated balances from Code; full medical coverage for dependent mem-
tions Act, 2019 (Public Law 116–6; 133 Stat. 89). prior year appropriations made available under
SEC. 775. (a) There is hereby appropriated bers of immediate families of employees sta-
the heading ‘‘Agriculture Buildings and Facili- tioned overseas and employees temporarily post-
$3,000,000, to remain available until expended, ties’’, $73,400,000 are hereby rescinded.
for a pilot program for the Animal and Plant ed overseas; travel and transportation of em-
SEC. 784. (a) DESIGNATION.—The Federal
Health Inspection Service to provide grants to ployees of the International Trade Administra-
building located at 1636 East Alisal Street, Sali-
State departments of agriculture and forestry tion between two points abroad, without regard
nas, California, shall be known and designated
commissions in states identified in the final en- to section 40118 of title 49, United States Code;
as the ‘‘Sam Farr United States Crop Improve-
vironmental assessment published in the Federal employment of citizens of the United States and
ment and Protection Research Center’’.
Register on September 23, 2020 (85 Fed. Reg. (b) REFERENCES.—Any reference in a law, aliens by contract for services; rental of space
59735), to combat and treat cogongrass through map, regulation, document, paper, or other abroad for periods not exceeding 10 years, and
established cogongrass control programs. record of the United States to the Federal build- expenses of alteration, repair, or improvement;
(b) Not to exceed 2 percent of the funds pro- ing referred to in subsection (a) shall be deemed purchase or construction of temporary demount-
vided under this section shall be available for to be a reference to the ‘‘Sam Farr United States able exhibition structures for use abroad; pay-
necessary costs of grant administration. Crop Improvement and Protection Research ment of tort claims, in the manner authorized in
SEC. 776. Section 764(d)(3)(B) of division N of Center’’. the first paragraph of section 2672 of title 28,
Public Law 116–260 is amended by inserting SEC. 785. For necessary expenses for salary United States Code, when such claims arise in
‘‘and fiscal year 2022’’ after ‘‘fiscal year 2021’’ and related costs associated with Agriculture foreign countries; not to exceed $294,300 for offi-
and before the final period. Quarantine and Inspection Services activities cial representation expenses abroad; purchase of
SEC. 777. Section 6402(f) of the Farm Security pursuant to 21 U.S.C. 136a(6), and in addition passenger motor vehicles for official use abroad,
and Rural Investment Act of 2002 (7 U.S.C. to any other funds made available for this pur- not to exceed $45,000 per vehicle; not to exceed
1632b(f)) is amended in the matter preceding pose, there is appropriated, out of any money in $325,000 for purchase of armored vehicles with-
paragraph (1) by striking ‘‘section 210A(d)(2)’’ the Treasury not otherwise appropriated, out regard to the general purchase price limita-
and inserting ‘‘section 210A(d)(5)(D)’’. $250,000,000, to remain available until September tions; obtaining insurance on official motor ve-
SEC. 778. For an additional amount for the 30, 2023, to offset the loss resulting from the hicles; and rental of tie lines, $570,000,000, of
Office of the Secretary, $30,000,000, to remain coronavirus pandemic of quarantine and inspec- which $80,000,000 shall remain available until
available until expended, to establish an Insti- tion fees collected pursuant to sections 2508 and September 30, 2023: Provided, That $11,000,000 is
tute for Rural Partnerships: Provided, That the 2509 of the Food, Agriculture, Conservation, and to be derived from fees to be retained and used
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Secretary shall establish a grant program and Trade Act of 1990 (21 U.S.C. 136, 136a): Pro- by the International Trade Administration, not-
distribute the funds to three geographically di- vided, That amounts made available in this sec- withstanding section 3302 of title 31, United
verse established land-grant universities: Pro- tion shall be treated as funds collected by fees States Code: Provided further, That, of amounts
vided further, That the Institute for Rural Part- authorized under sections 2508 and 2509 of the provided under this heading, not less than
nerships shall dedicate resources to researching Food, Agriculture, Conservation, and Trade Act $16,400,000 shall be for China antidumping and
the causes and conditions of challenges facing of 1990 (21 U.S.C. 136, 136a) for purposes of sec- countervailing duty enforcement and compli-
rural areas, and develop community partner- tion 421(f) of the Homeland Security Act of 2002 ance activities: Provided further, That the pro-
ships to address such challenges: Provided fur- (6 U.S.C. 231(f)). visions of the first sentence of section 105(f) and
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H1442 CONGRESSIONAL RECORD — HOUSE March 9, 2022
all of section 108(c) of the Mutual Educational MINORITY BUSINESS DEVELOPMENT AGENCY $4,058,410,000, to remain available until ex-
and Cultural Exchange Act of 1961 (22 U.S.C. MINORITY BUSINESS DEVELOPMENT pended: Provided, That the sum herein appro-
2455(f) and 2458(c)) shall apply in carrying out priated from the general fund shall be reduced
these activities; and that for the purpose of this For necessary expenses of the Department of
as offsetting collections of fees and surcharges
Act, contributions under the provisions of the Commerce in fostering, promoting, and devel-
assessed and collected by the USPTO under any
Mutual Educational and Cultural Exchange Act oping minority business enterprises, including
law are received during fiscal year 2022, so as to
of 1961 shall include payment for assessments expenses of grants, contracts, and other agree-
ments with public or private organizations, result in a fiscal year 2022 appropriation from
for services provided as part of these activities. the general fund estimated at $0: Provided fur-
$55,000,000, of which not more than $18,000,000
BUREAU OF INDUSTRY AND SECURITY shall be available for overhead expenses, includ- ther, That during fiscal year 2022, should the
OPERATIONS AND ADMINISTRATION ing salaries and expenses, rent, utilities, and in- total amount of such offsetting collections be
formation technology services. less than $4,058,410,000, this amount shall be re-
For necessary expenses for export administra-
tion and national security activities of the De- duced accordingly: Provided further, That any
ECONOMIC AND STATISTICAL ANALYSIS
partment of Commerce, including costs associ- amount received in excess of $4,058,410,000 in fis-
SALARIES AND EXPENSES cal year 2022 and deposited in the Patent and
ated with the performance of export administra-
tion field activities both domestically and For necessary expenses, as authorized by law, Trademark Fee Reserve Fund shall remain
abroad; full medical coverage for dependent of economic and statistical analysis programs of available until expended: Provided further,
members of immediate families of employees sta- the Department of Commerce, $116,000,000, to re- That the Director of USPTO shall submit a
tioned overseas; employment of citizens of the main available until September 30, 2023. spending plan to the Committees on Appropria-
United States and aliens by contract for services BUREAU OF THE CENSUS tions of the House of Representatives and the
abroad; payment of tort claims, in the manner Senate for any amounts made available by the
CURRENT SURVEYS AND PROGRAMS
authorized in the first paragraph of section 2672 preceding proviso and such spending plan shall
of title 28, United States Code, when such claims For necessary expenses for collecting, com- be treated as a reprogramming under section 505
arise in foreign countries; not to exceed $13,500 piling, analyzing, preparing, and publishing of this Act and shall not be available for obliga-
for official representation expenses abroad; statistics, provided for by law, $300,000,000: Pro- tion or expenditure except in compliance with
awards of compensation to informers under the vided, That, from amounts provided herein, the procedures set forth in that section: Pro-
Export Control Reform Act of 2018 (subtitle B of funds may be used for promotion, outreach, and vided further, That any amounts reprogrammed
title XVII of the John S. McCain National De- marketing activities. in accordance with the preceding proviso shall
fense Authorization Act for Fiscal Year 2019; PERIODIC CENSUSES AND PROGRAMS be transferred to the United States Patent and
Public Law 115–232; 132 Stat. 2208; 50 U.S.C. (INCLUDING TRANSFER OF FUNDS) Trademark Office ‘‘Salaries and Expenses’’ ac-
4801 et seq.), and as authorized by section 1(b) count: Provided further, That the budget of the
of the Act of June 15, 1917 (40 Stat. 223; 22 For necessary expenses for collecting, com-
President submitted for fiscal year 2023 under
U.S.C. 401(b)); and purchase of passenger motor piling, analyzing, preparing, and publishing
section 1105 of title 31, United States Code, shall
vehicles for official use and motor vehicles for statistics for periodic censuses and programs
include within amounts provided under this
law enforcement use with special requirement provided for by law, $1,054,000,000, to remain
heading for necessary expenses of the USPTO
vehicles eligible for purchase without regard to available until September 30, 2023: Provided,
That, from amounts provided herein, funds may any increases that are expected to result from
any price limitation otherwise established by an increase promulgated through rule or regula-
law, $141,000,000, of which $52,410,000 shall re- be used for promotion, outreach, and marketing
activities: Provided further, That within the tion in offsetting collections of fees and sur-
main available until expended: Provided, That charges assessed and collected by the USPTO
the provisions of the first sentence of section amounts appropriated, $3,556,000 shall be trans-
ferred to the ‘‘Office of Inspector General’’ ac- under any law in either fiscal year 2022 or fiscal
105(f) and all of section 108(c) of the Mutual year 2023: Provided further, That from amounts
Educational and Cultural Exchange Act of 1961 count for activities associated with carrying out
investigations and audits related to the Bureau provided herein, not to exceed $13,500 shall be
(22 U.S.C. 2455(f) and 2458(c)) shall apply in made available in fiscal year 2022 for official re-
carrying out these activities: Provided further, of the Census.
ception and representation expenses: Provided
That payments and contributions collected and NATIONAL TELECOMMUNICATIONS AND
further, That in fiscal year 2022 from the
accepted for materials or services provided as INFORMATION ADMINISTRATION
amounts made available for ‘‘Salaries and Ex-
part of such activities may be retained for use in SALARIES AND EXPENSES penses’’ for the USPTO, the amounts necessary
covering the cost of such activities, and for pro-
For necessary expenses, as provided for by to pay (1) the difference between the percentage
viding information to the public with respect to
law, of the National Telecommunications and of basic pay contributed by the USPTO and em-
the export administration and national security
Information Administration (NTIA), $50,000,000, ployees under section 8334(a) of title 5, United
activities of the Department of Commerce and
to remain available until September 30, 2023: States Code, and the normal cost percentage (as
other export control programs of the United
Provided, That, notwithstanding 31 U.S.C. defined by section 8331(17) of that title) as pro-
States and other governments.
1535(d), the Secretary of Commerce shall charge vided by the Office of Personnel Management
ECONOMIC DEVELOPMENT ADMINISTRATION Federal agencies for costs incurred in spectrum (OPM) for USPTO’s specific use, of basic pay,
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS management, analysis, operations, and related of employees subject to subchapter III of chapter
For grants for economic development assist- services, and such fees shall be retained and 83 of that title, and (2) the present value of the
ance as provided by the Public Works and Eco- used as offsetting collections for costs of such otherwise unfunded accruing costs, as deter-
nomic Development Act of 1965, for trade adjust- spectrum services, to remain available until ex- mined by OPM for USPTO’s specific use of post-
ment assistance, and for grants authorized by pended: Provided further, That the Secretary of retirement life insurance and post-retirement
sections 27 and 28 of the Stevenson-Wydler Commerce is authorized to retain and use as off- health benefits coverage for all USPTO employ-
Technology Innovation Act of 1980 (15 U.S.C. setting collections all funds transferred, or pre- ees who are enrolled in Federal Employees
3722 and 3723), as amended, $330,000,000 to re- viously transferred, from other Government Health Benefits (FEHB) and Federal Employees
main available until expended, of which agencies for all costs incurred in telecommuni- Group Life Insurance (FEGLI), shall be trans-
$45,000,000 shall be for grants under such sec- cations research, engineering, and related ac- ferred to the Civil Service Retirement and Dis-
tion 27 and $2,000,000 shall be for grants under tivities by the Institute for Telecommunication ability Fund, the FEGLI Fund, and the Em-
such section 28: Provided, That any deviation Sciences of NTIA, in furtherance of its assigned ployees FEHB Fund, as appropriate, and shall
from the amounts designated for specific activi- functions under this paragraph, and such funds be available for the authorized purposes of those
ties in the explanatory statement described in received from other Government agencies shall
accounts: Provided further, That any dif-
section 4 (in the matter preceding division A of remain available until expended.
ferences between the present value factors pub-
this consolidated Act), or any use of deobligated PUBLIC TELECOMMUNICATIONS FACILITIES, lished in OPM’s yearly 300 series benefit letters
balances of funds provided under this heading PLANNING AND CONSTRUCTION and the factors that OPM provides for USPTO’s
in previous years, shall be subject to the proce- For the administration of prior-year grants, specific use shall be recognized as an imputed
dures set forth in section 505 of this Act. recoveries and unobligated balances of funds cost on USPTO’s financial statements, where
SALARIES AND EXPENSES previously appropriated are available for the applicable: Provided further, That, notwith-
For necessary expenses of administering the administration of all open grants until their ex- standing any other provision of law, all fees
economic development assistance programs as piration. and surcharges assessed and collected by
provided for by law, $43,500,000: Provided, That UNITED STATES PATENT AND TRADEMARK OFFICE USPTO are available for USPTO only pursuant
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funds provided under this heading may be used to section 42(c) of title 35, United States Code, as
SALARIES AND EXPENSES
to monitor projects approved pursuant to title I amended by section 22 of the Leahy-Smith
of the Public Works Employment Act of 1976; (INCLUDING TRANSFERS OF FUNDS) America Invents Act (Public Law 112–29): Pro-
title II of the Trade Act of 1974; sections 27 and For necessary expenses of the United States vided further, That within the amounts appro-
28 of the Stevenson-Wydler Technology Innova- Patent and Trademark Office (USPTO) provided priated, $2,000,000 shall be transferred to the
tion Act of 1980 (15 U.S.C. 3722 and 3723), as for by law, including defense of suits instituted ‘‘Office of Inspector General’’ account for ac-
amended; and the Community Emergency against the Under Secretary of Commerce for In- tivities associated with carrying out investiga-
Drought Relief Act of 1977. tellectual Property and Director of the USPTO, tions and audits related to the USPTO.
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1443
NATIONAL INSTITUTE OF STANDARDS AND nance, operation, and hire of aircraft and ves- the Secretary of Commerce shall include in
TECHNOLOGY sels; pilot programs for State-led fisheries man- budget justification materials for fiscal year 2023
SCIENTIFIC AND TECHNICAL RESEARCH AND agement, notwithstanding any other provision that the Secretary submits to Congress in sup-
SERVICES of law; grants, contracts, or other payments to port of the Department of Commerce budget (as
nonprofit organizations for the purposes of con- submitted with the budget of the President
(INCLUDING TRANSFER OF FUNDS)
ducting activities pursuant to cooperative agree- under section 1105(a) of title 31, United States
For necessary expenses of the National Insti- ments; and relocation of facilities, $4,157,311,000, Code) an estimate for each National Oceanic
tute of Standards and Technology (NIST), to remain available until September 30, 2023: and Atmospheric Administration procurement,
$850,000,000, to remain available until expended, Provided, That fees and donations received by acquisition or construction project having a
of which not to exceed $9,000,000 may be trans- the National Ocean Service for the management total of more than $5,000,000 and simultaneously
ferred to the ‘‘Working Capital Fund’’: Pro- of national marine sanctuaries may be retained the budget justification shall include an esti-
vided, That of the amounts appropriated under and used for the salaries and expenses associ- mate of the budgetary requirements for each
this heading, $37,598,000 shall be used for the ated with those activities, notwithstanding sec- such project for each of the 5 subsequent fiscal
projects, and in the amounts, specified in the tion 3302 of title 31, United States Code: Pro- years: Provided further, That, within the
table immediately following the paragraph vided further, That in addition, $243,532,000 amounts appropriated, $3,000,000 shall be trans-
‘‘NIST External Projects’’ in the explanatory shall be derived by transfer from the fund enti- ferred to the ‘‘Office of Inspector General’’ ac-
statement described in section 4 (in the matter tled ‘‘Promote and Develop Fishery Products count for activities associated with carrying out
preceding division A of this consolidated Act): and Research Pertaining to American Fish- investigations and audits related to satellite and
Provided further, That the amounts made avail- eries’’, which shall only be used for fishery ac- vessel procurement, acquisition and construc-
able for the projects referenced in the preceding tivities related to the Saltonstall-Kennedy Grant tion.
proviso may not be transferred for any other Program; Fisheries Data Collections, Surveys, PACIFIC COASTAL SALMON RECOVERY
purpose: Provided further, That not to exceed and Assessments; Observers and Training; Fish- For necessary expenses associated with the
$5,000 shall be for official reception and rep- eries Management Programs and Services; and restoration of Pacific salmon populations,
resentation expenses: Provided further, That Interjurisdictional Fisheries Grants: Provided $65,000,000, to remain available until September
NIST may provide local transportation for sum- further, That not to exceed $67,867,000 shall be 30, 2023: Provided, That, of the funds provided
mer undergraduate research fellowship program for payment to the ‘‘Department of Commerce herein, the Secretary of Commerce may issue
participants. Working Capital Fund’’: Provided further, That grants to the States of Washington, Oregon,
INDUSTRIAL TECHNOLOGY SERVICES of the $4,423,843,000 provided for in direct obli- Idaho, Nevada, California, and Alaska, and to
For necessary expenses for industrial tech- gations under this heading, $4,157,311,000 is ap- the federally recognized Tribes of the Columbia
nology services, $174,500,000, to remain available propriated from the general fund, $243,532,000 is River and Pacific Coast (including Alaska), for
until expended, of which $158,000,000 shall be provided by transfer, and $23,000,000 is derived projects necessary for conservation of salmon
for the Hollings Manufacturing Extension Part- from recoveries of prior year obligations: Pro- and steelhead populations that are listed as
nership, and of which $16,500,000 shall be for vided further, That of the amounts appropriated threatened or endangered, or that are identified
the Manufacturing USA Program. under this heading, $84,354,000 shall be used for by a State as at-risk to be so listed, for main-
CONSTRUCTION OF RESEARCH FACILITIES
the projects, and in the amounts, specified in taining populations necessary for exercise of
the table immediately following the paragraph Tribal treaty fishing rights or native subsistence
For construction of new research facilities, in- ‘‘NOAA Community Project Funding/NOAA fishing, or for conservation of Pacific coastal
cluding architectural and engineering design, Special Projects’’ in the explanatory statement salmon and steelhead habitat, based on guide-
and for renovation and maintenance of existing described in section 4 (in the matter preceding lines to be developed by the Secretary of Com-
facilities, not otherwise provided for the Na- division A of this consolidated Act): Provided merce: Provided further, That all funds shall be
tional Institute of Standards and Technology, further, That the amounts made available for allocated based on scientific and other merit
as authorized by sections 13 through 15 of the the projects referenced in the preceding proviso principles and shall not be available for mar-
National Institute of Standards and Technology may not be transferred for any other purpose: keting activities: Provided further, That funds
Act (15 U.S.C. 278c–278e), $205,563,000, to remain Provided further, That any deviation from the disbursed to States shall be subject to a match-
available until expended: Provided, That of the amounts designated for specific activities in the ing requirement of funds or documented in-kind
amounts appropriated under this heading, explanatory statement described in section 4 (in contributions of at least 33 percent of the Fed-
$125,563,000 shall be used for the projects, and in the matter preceding division A of this consoli- eral funds.
the amounts, specified in the table immediately dated Act), or any use of deobligated balances
following the paragraph ‘‘NIST Extramural FISHERMEN’S CONTINGENCY FUND
of funds provided under this heading in pre- For carrying out the provisions of title IV of
Construction’’ in the explanatory statement de- vious years, shall be subject to the procedures
scribed in section 4 (in the matter preceding di- Public Law 95–372, not to exceed $349,000, to be
set forth in section 505 of this Act: Provided fur- derived from receipts collected pursuant to that
vision A of this consolidated Act): Provided fur- ther, That, of the amounts appropriated under
ther, That up to one percent of amounts made Act, to remain available until expended.
this heading, $750,000 shall be transferred to the
available for the projects referenced in the pre- ‘‘Office of Inspector General’’ account for ac-
FISHERIES FINANCE PROGRAM ACCOUNT
ceding proviso may be used for the administra- tivities associated with carrying out investiga- Subject to section 502 of the Congressional
tive costs of such projects: Provided further, tions and audits related to National Weather Budget Act of 1974, during fiscal year 2022, obli-
That the Director of the National Institute of Service operations: Provided further, That in gations of direct loans may not exceed
Standards and Technology shall submit a addition, for necessary retired pay expenses $24,000,000 for Individual Fishing Quota loans
spending plan to the Committees on Appropria- under the Retired Serviceman’s Family Protec- and not to exceed $100,000,000 for traditional di-
tions of the House of Representatives and the tion and Survivor Benefits Plan, and for pay- rect loans as authorized by the Merchant Ma-
Senate for any amounts made available by the ments for the medical care of retired personnel rine Act of 1936.
preceding proviso and such spending plan shall and their dependents under the Dependents’ DEPARTMENTAL MANAGEMENT
be treated as a reprogramming under section 505 Medical Care Act (10 U.S.C. ch. 55), such sums SALARIES AND EXPENSES
of this Act and shall not be available for obliga- as may be necessary. For necessary expenses for the management of
tion or expenditure except in compliance with
PROCUREMENT, ACQUISITION AND CONSTRUCTION the Department of Commerce provided for by
the procedures set forth in that section: Pro-
(INCLUDING TRANSFER OF FUNDS) law, including not to exceed $4,500 for official
vided further, That the Secretary of Commerce
For procurement, acquisition and construction reception and representation, $80,000,000: Pro-
shall include in the budget justification mate-
of capital assets, including alteration and modi- vided, That no employee of the Department of
rials for fiscal year 2023 that the Secretary sub-
fication costs, of the National Oceanic and At- Commerce may be detailed or assigned from a
mits to Congress in support of the Department of
mospheric Administration, $1,672,689,000, to re- bureau or office funded by this Act or any other
Commerce budget (as submitted with the budget
main available until September 30, 2024, except Act to offices within the Office of the Secretary
of the President under section 1105(a) of title 31,
that funds provided for acquisition and con- of the Department of Commerce for more than
United States Code) an estimate for each Na-
struction of vessels and aircraft, and construc- 180 days in a fiscal year unless the individual’s
tional Institute of Standards and Technology
tion of facilities shall remain available until ex- employing bureau or office is fully reimbursed
construction project having a total multi-year
pended: Provided, That of the $1,685,689,000 pro- for the salary and expenses of the employee for
program cost of more than $5,000,000, and simul-
vided for in direct obligations under this head- the entire period of assignment using funds pro-
taneously the budget justification materials
ing, $1,672,689,000 is appropriated from the gen- vided under this heading: Provided further,
shall include an estimate of the budgetary re-
eral fund and $13,000,000 is provided from recov- That amounts made available to the Department
quirements for each such project for each of the
eries of prior year obligations: Provided further, of Commerce in this or any prior Act may not be
5 subsequent fiscal years.
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That any deviation from the amounts des- transferred pursuant to section 508 of this or
NATIONAL OCEANIC AND ATMOSPHERIC any prior Act to the account funded under this
ADMINISTRATION ignated for specific activities in the explanatory
statement described in section 4 (in the matter heading, except in the case of extraordinary cir-
OPERATIONS, RESEARCH, AND FACILITIES cumstances that threaten life or property.
preceding division A of this consolidated Act),
(INCLUDING TRANSFERS OF FUNDS) or any use of deobligated balances of funds pro- RENOVATION AND MODERNIZATION
For necessary expenses of activities author- vided under this heading in previous years, For necessary expenses for the renovation and
ized by law for the National Oceanic and At- shall be subject to the procedures set forth in modernization of the Herbert C. Hoover Build-
mospheric Administration, including mainte- section 505 of this Act: Provided further, That ing, $1,100,000.
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H1444 CONGRESSIONAL RECORD — HOUSE March 9, 2022
NONRECURRING EXPENSES FUND Space Weather Follow On Program is methodology activities which further the pur-
For necessary expenses for technology mod- $692,800,000. poses for which such amounts have been made
ernization projects and cybersecurity risk miti- SEC. 105. Notwithstanding any other provision available.
gation of the Department of Commerce, of law, the Secretary of Commerce may furnish SEC. 111. Amounts provided by this Act for the
$30,000,000, to remain available until September services (including but not limited to utilities, Hollings Manufacturing Extension Partnership
30, 2024, of which up to $20,000,000 shall be telecommunications, and security services) nec- under the heading ‘‘National Institute of Stand-
available for a business application system mod- essary to support the operation, maintenance, ards and Technology—Industrial Technology
ernization: Provided, That amounts made avail- and improvement of space that persons, firms, or Services’’ shall not be subject to cost share re-
able under this heading are in addition to such organizations are authorized, pursuant to the quirements under 15 U.S.C. 278k(e)(2): Provided,
other funds as may be available for such pur- Public Buildings Cooperative Use Act of 1976 or That the authority made available pursuant to
poses: Provided further, That any unobligated other authority, to use or occupy in the Herbert this section shall be elective, in whole or in part,
C. Hoover Building, Washington, DC, or other for any Manufacturing Extension Partnership
balances of expired discretionary funds trans-
buildings, the maintenance, operation, and pro- Center that also receives funding from a State
ferred to the Department of Commerce Non-
tection of which has been delegated to the Sec- that is conditioned upon the application of a
recurring Expenses Fund, as authorized by sec-
retary from the Administrator of General Serv- Federal cost sharing requirement.
tion 111 of title I of division B of Public Law
ices pursuant to the Federal Property and Ad- SEC. 112. The Secretary of Commerce, or the
116–93, may be obligated only after the Commit-
ministrative Services Act of 1949 on a reimburs- designee of the Secretary, may waive—
tees on Appropriations of the House of Rep-
able or non-reimbursable basis. Amounts re- (1) in whole or in part, the matching require-
resentatives and the Senate are notified at least
ceived as reimbursement for services provided ments under sections 306 and 306A, and the cost
15 days in advance of the planned use of funds.
under this section or the authority under which sharing requirements under section 315, of the
OFFICE OF INSPECTOR GENERAL the use or occupancy of the space is authorized, Coastal Zone Management Act of 1972 (16
For necessary expenses of the Office of In- up to $200,000, shall be credited to the appro- U.S.C. 1455, 1455a, and 1461) as necessary at the
spector General in carrying out the provisions of priation or fund which initially bears the costs request of the grant applicant, for amounts
the Inspector General Act of 1978 (5 U.S.C. of such services. made available under this Act under the head-
App.), $35,783,000: Provided, That notwith- SEC. 106. Nothing in this title shall be con- ing ‘‘Operations, Research, and Facilities’’
standing section 6413 of the Middle Class Tax strued to prevent a grant recipient from deter- under the heading ‘‘National Oceanic and At-
Relief and Job Creation Act of 2012 (Public Law ring child pornography, copyright infringement, mospheric Administration’’; and
112–96), an additional $2,000,000, to remain or any other unlawful activity over its net- (2) up to 50 percent of the matching require-
available until expended, shall be derived from works. ments under sections 306 and 306A, and the cost
the Public Safety Trust Fund for activities asso- SEC. 107. The Administrator of the National sharing requirements under section 315, of the
ciated with carrying out investigations and au- Oceanic and Atmospheric Administration is au- Coastal Zone Management Act of 1972 (16
dits related to the First Responder Network Au- thorized to use, with their consent, with reim- U.S.C. 1455, 1455a, and 1461) as necessary at the
thority (FirstNet). bursement and subject to the limits of available request of the grant applicant, for amounts
GENERAL PROVISIONS—DEPARTMENT OF appropriations, the land, services, equipment, made available under this Act under the head-
COMMERCE personnel, and facilities of any department, ing ‘‘Procurement, Acquisition and Construc-
agency, or instrumentality of the United States, tion’’ under the heading ‘‘National Oceanic and
(INCLUDING TRANSFER OF FUNDS)
or of any State, local government, Indian Tribal Atmospheric Administration’’.
SEC. 101. During the current fiscal year, appli- government, Territory, or possession, or of any This title may be cited as the ‘‘Department of
cable appropriations and funds made available political subdivision thereof, or of any foreign Commerce Appropriations Act, 2022’’.
to the Department of Commerce by this Act shall government or international organization, for
be available for the activities specified in the TITLE II
purposes related to carrying out the responsibil-
Act of October 26, 1949 (15 U.S.C. 1514), to the ities of any statute administered by the National DEPARTMENT OF JUSTICE
extent and in the manner prescribed by the Act, Oceanic and Atmospheric Administration. GENERAL ADMINISTRATION
and, notwithstanding 31 U.S.C. 3324, may be SEC. 108. The National Technical Information SALARIES AND EXPENSES
used for advanced payments not otherwise au- Service shall not charge any customer for a copy
thorized only upon the certification of officials For expenses necessary for the administration
of any report or document generated by the Leg-
designated by the Secretary of Commerce that of the Department of Justice, $127,794,000, of
islative Branch unless the Service has provided
such payments are in the public interest. which $4,000,000 shall remain available until
information to the customer on how an elec-
SEC. 102. During the current fiscal year, ap- September 30, 2023, and of which not to exceed
tronic copy of such report or document may be
propriations made available to the Department $4,000,000 for security and construction of De-
accessed and downloaded for free online.
of Commerce by this Act for salaries and ex- partment of Justice facilities shall remain avail-
Should a customer still require the Service to
penses shall be available for hire of passenger able until expended.
provide a printed or digital copy of the report or
motor vehicles as authorized by 31 U.S.C. 1343 document, the charge shall be limited to recov- JUSTICE INFORMATION SHARING TECHNOLOGY
and 1344; services as authorized by 5 U.S.C. ering the Service’s cost of processing, reproduc- (INCLUDING TRANSFER OF FUNDS)
3109; and uniforms or allowances therefor, as ing, and delivering such report or document. For necessary expenses for information shar-
authorized by law (5 U.S.C. 5901–5902). SEC. 109. To carry out the responsibilities of ing technology, including planning, develop-
SEC. 103. Not to exceed 5 percent of any ap- the National Oceanic and Atmospheric Adminis- ment, deployment and departmental direction,
propriation made available for the current fiscal tration (NOAA), the Administrator of NOAA is $38,000,000, to remain available until expended:
year for the Department of Commerce in this Act authorized to: (1) enter into grants and coopera- Provided, That the Attorney General may trans-
may be transferred between such appropria- tive agreements with; (2) use on a non-reimburs- fer up to $40,000,000 to this account, from funds
tions, but no such appropriation shall be in- able basis land, services, equipment, personnel, available to the Department of Justice for infor-
creased by more than 10 percent by any such and facilities provided by; and (3) receive and mation technology, to remain available until ex-
transfers: Provided, That any transfer pursuant expend funds made available on a consensual pended, for enterprise-wide information tech-
to this section shall be treated as a reprogram- basis from: a Federal agency, State or subdivi- nology initiatives: Provided further, That the
ming of funds under section 505 of this Act and sion thereof, local government, Tribal govern- transfer authority in the preceding proviso is in
shall not be available for obligation or expendi- ment, Territory, or possession or any subdivi- addition to any other transfer authority con-
ture except in compliance with the procedures sions thereof: Provided, That funds received for tained in this Act: Provided further, That any
set forth in that section: Provided further, That permitting and related regulatory activities pur- transfer pursuant to the first proviso shall be
the Secretary of Commerce shall notify the Com- suant to this section shall be deposited under treated as a reprogramming under section 505 of
mittees on Appropriations at least 15 days in ad- the heading ‘‘National Oceanic and Atmos- this Act and shall not be available for obligation
vance of the acquisition or disposal of any cap- pheric Administration—Operations, Research, or expenditure except in compliance with the
ital asset (including land, structures, and equip- and Facilities’’ and shall remain available until procedures set forth in that section.
ment) not specifically provided for in this Act or September 30, 2023, for such purposes: Provided
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
any other law appropriating funds for the De- further, That all funds within this section and
partment of Commerce. their corresponding uses are subject to section (INCLUDING TRANSFER OF FUNDS)
SEC. 104. The requirements set forth by section 505 of this Act. For expenses necessary for the administration
105 of the Commerce, Justice, Science, and Re- SEC. 110. Amounts provided by this Act or by of immigration-related activities of the Executive
lated Agencies Appropriations Act, 2012 (Public any prior appropriations Act that remain avail- Office for Immigration Review, $760,000,000, of
Law 112–55), as amended by section 105 of title able for obligation, for necessary expenses of the which $4,000,000 shall be derived by transfer
I of division B of Public Law 113–6, are hereby programs of the Economics and Statistics Ad- from the Executive Office for Immigration Re-
rfrederick on DSKBCBPHB2PROD with HOUSE
adopted by reference and made applicable with ministration of the Department of Commerce, in- view fees deposited in the ‘‘Immigration Exami-
respect to fiscal year 2022: Provided, That the cluding amounts provided for programs of the nations Fee’’ account, and of which not less
life cycle cost for the Joint Polar Satellite Sys- Bureau of Economic Analysis and the Bureau of than $24,000,000 shall be available for services
tem is $11,322,125,000, the life cycle cost of the the Census, shall be available for expenses of co- and activities provided by the Legal Orientation
Polar Follow On Program is $6,837,900,000, the operative agreements with appropriate entities, Program: Provided, That not to exceed
life cycle cost for the Geostationary Operational including any Federal, State, or local govern- $50,000,000 of the total amount made available
Environmental Satellite R-Series Program is mental unit, or institution of higher education, under this heading shall remain available until
$11,700,100,000, and the life cycle cost for the to aid and promote statistical, research, and September 30, 2026.
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1445
OFFICE OF INSPECTOR GENERAL ments Act of 1976 (15 U.S.C. 18a), regardless of SALARIES AND EXPENSES, COMMUNITY RELATIONS
For necessary expenses of the Office of In- the year of collection (and estimated to be SERVICE
spector General, $118,000,000, including not to $138,000,000 in fiscal year 2022), shall be re- (INCLUDING TRANSFER OF FUNDS)
exceed $10,000 to meet unforeseen emergencies of tained and used for necessary expenses in this For necessary expenses of the Community Re-
a confidential character: Provided, That not to appropriation, and shall remain available until lations Service, $21,000,000: Provided, That not-
exceed $4,000,000 shall remain available until expended: Provided further, That the sum here- withstanding section 205 of this Act, upon a de-
September 30, 2023. in appropriated from the general fund shall be termination by the Attorney General that emer-
reduced as such offsetting collections are re- gent circumstances require additional funding
UNITED STATES PAROLE COMMISSION
ceived during fiscal year 2022, so as to result in
SALARIES AND EXPENSES for conflict resolution and violence prevention
a final fiscal year 2022 appropriation from the
activities of the Community Relations Service,
For necessary expenses of the United States general fund estimated at $54,776,000.
the Attorney General may transfer such
Parole Commission as authorized, $14,238,000: SALARIES AND EXPENSES, UNITED STATES amounts to the Community Relations Service,
Provided, That, notwithstanding any other pro- ATTORNEYS from available appropriations for the current
vision of law, upon the expiration of a term of For necessary expenses of the Offices of the fiscal year for the Department of Justice, as may
office of a Commissioner, the Commissioner may United States Attorneys, including inter-govern- be necessary to respond to such circumstances:
continue to act until a successor has been ap- mental and cooperative agreements, Provided further, That any transfer pursuant to
pointed. $2,419,868,000: Provided, That of the total the preceding proviso shall be treated as a re-
LEGAL ACTIVITIES amount appropriated, not to exceed $7,200 shall programming under section 505 of this Act and
SALARIES AND EXPENSES, GENERAL LEGAL be available for official reception and represen- shall not be available for obligation or expendi-
ACTIVITIES tation expenses: Provided further, That not to ture except in compliance with the procedures
exceed $25,000,000 shall remain available until set forth in that section.
(INCLUDING TRANSFER OF FUNDS)
expended: Provided further, That each United
For expenses necessary for the legal activities ASSETS FORFEITURE FUND
States Attorney shall establish or participate in
of the Department of Justice, not otherwise pro- a task force on human trafficking. For expenses authorized by subparagraphs
vided for, including not to exceed $20,000 for ex- (B), (F), and (G) of section 524(c)(1) of title 28,
UNITED STATES TRUSTEE SYSTEM FUND
penses of collecting evidence, to be expended United States Code, $20,514,000, to be derived
For necessary expenses of the United States from the Department of Justice Assets Forfeiture
under the direction of, and to be accounted for
Trustee Program, as authorized, $239,000,000, to Fund.
solely under the certificate of, the Attorney
remain available until expended: Provided,
General; the administration of pardon and clem- UNITED STATES MARSHALS SERVICE
That, notwithstanding any other provision of
ency petitions; and rent of private or Govern- SALARIES AND EXPENSES
law, deposits of discretionary offsetting collec-
ment-owned space in the District of Columbia, For necessary expenses of the United States
tions to the United States Trustee System Fund
$1,000,000,000, of which not to exceed $50,000,000 Marshals Service, $1,580,000,000, of which not to
and amounts herein appropriated shall be avail-
for litigation support contracts and information exceed $6,000 shall be available for official re-
able in such amounts as may be necessary to
technology projects, including cybersecurity and pay refunds due depositors: Provided further, ception and representation expenses, and not to
hardening of critical networks, shall remain That, notwithstanding any other provision of exceed $25,000,000 shall remain available until
available until expended: Provided, That of the law, fees deposited into the Fund as discre- expended.
amount provided for INTERPOL Washington tionary offsetting collections pursuant to section CONSTRUCTION
dues payments, not to exceed $685,000 shall re- 589a of title 28, United States Code (as limited
main available until expended: Provided fur- For construction in space that is controlled,
by section 589a(f)(2) of title 28, United States occupied, or utilized by the United States Mar-
ther, That of the total amount appropriated, not Code), shall be retained and used for necessary
to exceed $9,000 shall be available to INTERPOL shals Service for prisoner holding and related
expenses in this appropriation and shall remain support, $15,000,000, to remain available until
Washington for official reception and represen- available until expended: Provided further,
tation expenses: Provided further, That of the expended.
That to the extent that fees deposited into the
total amount appropriated, not to exceed $9,000 Fund as discretionary offsetting collections in FEDERAL PRISONER DETENTION
shall be available to the Criminal Division for fiscal year 2022, net of amounts necessary to For necessary expenses related to United
official reception and representation expenses: pay refunds due depositors, exceed $239,000,000, States prisoners in the custody of the United
Provided further, That notwithstanding section those excess amounts shall be available in fu- States Marshals Service as authorized by section
205 of this Act, upon a determination by the At- ture fiscal years only to the extent provided in 4013 of title 18, United States Code,
torney General that emergent circumstances re- advance in appropriations Acts: Provided fur- $2,123,015,000, to remain available until ex-
quire additional funding for litigation activities ther, That the sum herein appropriated from the pended: Provided, That not to exceed $20,000,000
of the Civil Division, the Attorney General may general fund shall be reduced (1) as such fees shall be considered ‘‘funds appropriated for
transfer such amounts to ‘‘Salaries and Ex- are received during fiscal year 2022, net of State and local law enforcement assistance’’
penses, General Legal Activities’’ from available amounts necessary to pay refunds due deposi- pursuant to section 4013(b) of title 18, United
appropriations for the current fiscal year for the tors, (estimated at $413,000,000) and (2) to the States Code: Provided further, That the United
Department of Justice, as may be necessary to extent that any remaining general fund appro- States Marshals Service shall be responsible for
respond to such circumstances: Provided fur- priations can be derived from amounts deposited managing the Justice Prisoner and Alien Trans-
ther, That any transfer pursuant to the pre- in the Fund as discretionary offsetting collec- portation System.
ceding proviso shall be treated as a reprogram- tions in previous fiscal years that are not other- NATIONAL SECURITY DIVISION
ming under section 505 of this Act and shall not wise appropriated, so as to result in a final fis- SALARIES AND EXPENSES
be available for obligation or expenditure except cal year 2022 appropriation from the general
in compliance with the procedures set forth in (INCLUDING TRANSFER OF FUNDS)
fund estimated at $0.
that section: Provided further, That of the SALARIES AND EXPENSES, FOREIGN CLAIMS For expenses necessary to carry out the activi-
amount appropriated, such sums as may be nec- SETTLEMENT COMMISSION ties of the National Security Division,
essary shall be available to the Civil Rights Di- $120,681,000, of which not to exceed $5,000,000
For expenses necessary to carry out the activi-
vision for salaries and expenses associated with for information technology systems shall remain
ties of the Foreign Claims Settlement Commis-
the election monitoring program under section 8 available until expended: Provided, That not-
sion, including services as authorized by section
of the Voting Rights Act of 1965 (52 U.S.C. withstanding section 205 of this Act, upon a de-
3109 of title 5, United States Code, $2,434,000.
10305) and to reimburse the Office of Personnel termination by the Attorney General that emer-
FEES AND EXPENSES OF WITNESSES
Management for such salaries and expenses: gent circumstances require additional funding
Provided further, That of the amounts provided For fees and expenses of witnesses, for ex- for the activities of the National Security Divi-
under this heading for the election monitoring penses of contracts for the procurement and su- sion, the Attorney General may transfer such
program, $3,390,000 shall remain available until pervision of expert witnesses, for private counsel amounts to this heading from available appro-
expended. expenses, including advances, and for expenses priations for the current fiscal year for the De-
In addition, for reimbursement of expenses of of foreign counsel, $270,000,000, to remain avail- partment of Justice, as may be necessary to re-
the Department of Justice associated with proc- able until expended, of which not to exceed spond to such circumstances: Provided further,
essing cases under the National Childhood Vac- $16,000,000 is for construction of buildings for That any transfer pursuant to the preceding
cine Injury Act of 1986, $19,000,000, to be appro- protected witness safesites; not to exceed proviso shall be treated as a reprogramming
priated from the Vaccine Injury Compensation $3,000,000 is for the purchase and maintenance under section 505 of this Act and shall not be
of armored and other vehicles for witness secu- available for obligation or expenditure except in
Trust Fund and to remain available until ex-
rity caravans; and not to exceed $25,000,000 is
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pended. compliance with the procedures set forth in that
for the purchase, installation, maintenance, and section.
SALARIES AND EXPENSES, ANTITRUST DIVISION upgrade of secure telecommunications equip-
For expenses necessary for the enforcement of ment and a secure automated information net- INTERAGENCY LAW ENFORCEMENT
antitrust and kindred laws, $192,776,000, to re- work to store and retrieve the identities and lo- INTERAGENCY CRIME AND DRUG ENFORCEMENT
main available until expended: Provided, That cations of protected witnesses: Provided, That For necessary expenses for the identification,
notwithstanding any other provision of law, amounts made available under this heading may investigation, and prosecution of individuals as-
fees collected for premerger notification filings not be transferred pursuant to section 205 of this sociated with the most significant drug traf-
under the Hart-Scott-Rodino Antitrust Improve- Act. ficking organizations, transnational organized
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H1446 CONGRESSIONAL RECORD — HOUSE March 9, 2022
crime, and money laundering organizations not Federal firearms disabilities under section 925(c) LIMITATION ON ADMINISTRATIVE EXPENSES,
otherwise provided for, to include inter-govern- of title 18, United States Code: Provided further, FEDERAL PRISON INDUSTRIES, INCORPORATED
mental agreements with State and local law en- That such funds shall be available to investigate Not to exceed $2,700,000 of the funds of the
forcement agencies engaged in the investigation and act upon applications filed by corporations Federal Prison Industries, Incorporated, shall
and prosecution of individuals involved in for relief from Federal firearms disabilities be available for its administrative expenses, and
transnational organized crime and drug traf- under section 925(c) of title 18, United States for services as authorized by section 3109 of title
ficking, $550,458,000, of which $50,000,000 shall Code: Provided further, That no funds made 5, United States Code, to be computed on an ac-
remain available until expended: Provided, That available by this or any other Act may be used crual basis to be determined in accordance with
any amounts obligated from appropriations to transfer the functions, missions, or activities the corporation’s current prescribed accounting
under this heading may be used under authori- of the Bureau of Alcohol, Tobacco, Firearms system, and such amounts shall be exclusive of
ties available to the organizations reimbursed and Explosives to other agencies or Depart- depreciation, payment of claims, and expendi-
from this appropriation. ments. tures which such accounting system requires to
FEDERAL BUREAU OF INVESTIGATION FEDERAL PRISON SYSTEM be capitalized or charged to cost of commodities
SALARIES AND EXPENSES SALARIES AND EXPENSES acquired or produced, including selling and
For necessary expenses of the Federal Bureau shipping expenses, and expenses in connection
(INCLUDING TRANSFER OF FUNDS) with acquisition, construction, operation, main-
of Investigation for detection, investigation, and
For necessary expenses of the Federal Prison tenance, improvement, protection, or disposition
prosecution of crimes against the United States,
System for the administration, operation, and of facilities and other property belonging to the
$10,136,295,000, of which not to exceed
maintenance of Federal penal and correctional corporation or in which it has an interest.
$216,900,000 shall remain available until ex-
institutions, and for the provision of technical STATE AND LOCAL LAW ENFORCEMENT
pended: Provided, That not to exceed $284,000
assistance and advice on corrections related ACTIVITIES
shall be available for official reception and rep-
issues to foreign governments, $7,865,000,000:
resentation expenses. OFFICE ON VIOLENCE AGAINST WOMEN
Provided, That not less than $409,483,000 shall
CONSTRUCTION be for the programs and activities authorized by VIOLENCE AGAINST WOMEN PREVENTION AND
For necessary expenses, to include the cost of the First Step Act of 2018 (Public Law 115–391): PROSECUTION PROGRAMS
equipment, furniture, and information tech- Provided further, That the Attorney General (INCLUDING TRANSFER OF FUNDS)
nology requirements, related to construction or may transfer to the Department of Health and For grants, contracts, cooperative agreements,
acquisition of buildings, facilities, and sites by Human Services such amounts as may be nec- and other assistance for the prevention and
purchase, or as otherwise authorized by law; essary for direct expenditures by that Depart- prosecution of violence against women, as au-
conversion, modification, and extension of fed- ment for medical relief for inmates of Federal thorized by the Omnibus Crime Control and Safe
erally owned buildings; preliminary planning penal and correctional institutions: Provided Streets Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the
and design of projects; and operation and main- further, That the Director of the Federal Prison 1968 Act’’); the Violent Crime Control and Law
tenance of secure work environment facilities System, where necessary, may enter into con- Enforcement Act of 1994 (Public Law 103–322)
and secure networking capabilities; $632,000,000, tracts with a fiscal agent or fiscal intermediary (‘‘the 1994 Act’’); the Victims of Child Abuse Act
to remain available until expended. claims processor to determine the amounts pay- of 1990 (Public Law 101–647) (‘‘the 1990 Act’’);
DRUG ENFORCEMENT ADMINISTRATION able to persons who, on behalf of the Federal the Prosecutorial Remedies and Other Tools to
SALARIES AND EXPENSES Prison System, furnish health services to indi- end the Exploitation of Children Today Act of
viduals committed to the custody of the Federal 2003 (Public Law 108–21); the Juvenile Justice
For necessary expenses of the Drug Enforce-
Prison System: Provided further, That not to ex- and Delinquency Prevention Act of 1974 (34
ment Administration, including not to exceed
ceed $5,400 shall be available for official recep- U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); the Vic-
$70,000 to meet unforeseen emergencies of a con-
tion and representation expenses: Provided fur- tims of Trafficking and Violence Protection Act
fidential character pursuant to section 530C of
ther, That not to exceed $50,000,000 shall remain of 2000 (Public Law 106–386) (‘‘the 2000 Act’’);
title 28, United States Code; and expenses for
available until expended for necessary oper- the Violence Against Women and Department of
conducting drug education and training pro-
ations: Provided further, That, of the amounts Justice Reauthorization Act of 2005 (Public Law
grams, including travel and related expenses for
provided for contract confinement, not to exceed 109–162) (‘‘the 2005 Act’’); the Violence Against
participants in such programs and the distribu-
$20,000,000 shall remain available until ex- Women Reauthorization Act of 2013 (Public Law
tion of items of token value that promote the
pended to make payments in advance for grants, 113–4) (‘‘the 2013 Act’’); the Justice for Victims
goals of such programs, $2,421,522,000, of which
contracts and reimbursable agreements, and of Trafficking Act of 2015 (Public Law 114–22)
not to exceed $75,000,000 shall remain available
other expenses: Provided further, That the Di- (‘‘the 2015 Act’’); and the Abolish Human Traf-
until expended and not to exceed $90,000 shall
rector of the Federal Prison System may accept ficking Act (Public Law 115–392); and for re-
be available for official reception and represen-
donated property and services relating to the lated victims services, $575,000,000, to remain
tation expenses: Provided, That, notwith-
operation of the prison card program from a available until expended, of which $575,000,000
standing section 3672 of Public Law 106–310, up
not-for-profit entity which has operated such shall be derived by transfer from amounts avail-
to $10,000,000 may be used to reimburse States,
program in the past, notwithstanding the fact able for obligation in this Act from the Fund es-
units of local government, Indian Tribal Gov-
that such not-for-profit entity furnishes services tablished by section 1402 of chapter XIV of title
ernments, other public entities, and multi-juris-
under contracts to the Federal Prison System re- II of Public Law 98–473 (34 U.S.C. 20101), not-
dictional or regional consortia thereof for ex-
lating to the operation of pre-release services, withstanding section 1402(d) of such Act of 1984,
penses incurred to clean up and safely dispose
halfway houses, or other custodial facilities. and merged with the amounts otherwise made
of substances associated with clandestine meth-
amphetamine laboratories, conversion and ex- BUILDINGS AND FACILITIES available under this heading: Provided, That
traction operations, tableting operations, or lab- For planning, acquisition of sites, and con- except as otherwise provided by law, not to ex-
oratories and processing operations for fentanyl struction of new facilities; purchase and acqui- ceed 5 percent of funds made available under
and fentanyl-related substances which may sition of facilities and remodeling, and equip- this heading may be used for expenses related to
present a danger to public health or the envi- ping of such facilities for penal and correctional evaluation, training, and technical assistance:
ronment. use, including all necessary expenses incident Provided further, That of the amount pro-
thereto, by contract or force account; and con- vided—
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
structing, remodeling, and equipping necessary (1) $217,000,000 is for grants to combat violence
EXPLOSIVES
buildings and facilities at existing penal and against women, as authorized by part T of the
SALARIES AND EXPENSES 1968 Act;
correctional institutions, including all necessary
For necessary expenses of the Bureau of Alco- (2) $43,000,000 is for transitional housing as-
expenses incident thereto, by contract or force
hol, Tobacco, Firearms and Explosives, for sistance grants for victims of domestic violence,
account, $235,000,000, to remain available until
training of State and local law enforcement dating violence, stalking, or sexual assault as
expended, of which $176,000,000 shall be avail-
agencies with or without reimbursement, includ- authorized by section 40299 of the 1994 Act;
able only for costs related to construction of
ing training in connection with the training and (3) $2,500,000 is for the National Institute of
new facilities: Provided, That labor of United
acquisition of canines for explosives and fire Justice and the Bureau of Justice Statistics for
States prisoners may be used for work performed
accelerants detection; and for provision of lab- research, evaluation, and statistics of violence
under this appropriation.
oratory assistance to State and local law en- against women and related issues addressed by
forcement agencies, with or without reimburse- FEDERAL PRISON INDUSTRIES, INCORPORATED grant programs of the Office on Violence
ment, $1,531,071,000, of which not to exceed The Federal Prison Industries, Incorporated, Against Women, which shall be transferred to
$36,000 shall be for official reception and rep- is hereby authorized to make such expenditures ‘‘Research, Evaluation and Statistics’’ for ad-
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resentation expenses, not to exceed $1,000,000 within the limits of funds and borrowing au- ministration by the Office of Justice Programs;
shall be available for the payment of attorneys’ thority available, and in accord with the law, (4) $15,000,000 is for a grant program to pro-
fees as provided by section 924(d)(2) of title 18, and to make such contracts and commitments vide services to advocate for and respond to
United States Code, and not to exceed without regard to fiscal year limitations as pro- youth victims of domestic violence, dating vio-
$25,000,000 shall remain available until ex- vided by section 9104 of title 31, United States lence, sexual assault, and stalking; assistance to
pended: Provided, That none of the funds ap- Code, as may be necessary in carrying out the children and youth exposed to such violence;
propriated herein shall be available to inves- program set forth in the budget for the current programs to engage men and youth in pre-
tigate or act upon applications for relief from fiscal year for such corporation. venting such violence; and assistance to middle
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1447
and high school students through education (20) $3,000,000 is for an initiative to support Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’);
and other services related to such violence, of cross-designation of tribal prosecutors as Tribal the Comprehensive Addiction and Recovery Act
which $3,000,000 is to engage men and youth in Special Assistant United States Attorneys: Pro- of 2016 (Public Law 114–198) (‘‘CARA’’); the Jus-
preventing domestic violence, dating violence, vided, That the definitions and grant conditions tice for All Reauthorization Act of 2016 (Public
sexual assault, and stalking: Provided, That un- in section 40002 of the 1994 Act shall apply to Law 114–324); Kevin and Avonte’s Law (division
obligated balances available for the programs this initiative. Q of Public Law 115–141) (‘‘Kevin and Avonte’s
authorized by sections 41201, 41204, 41303, and OFFICE OF JUSTICE PROGRAMS Law’’); the Keep Young Athletes Safe Act of
41305 of the 1994 Act, prior to its amendment by 2018 (title III of division S of Public Law 115–
RESEARCH, EVALUATION AND STATISTICS
the 2013 Act, shall be available for this program: 141) (‘‘the Keep Young Athletes Safe Act’’); the
Provided further, That 10 percent of the total For grants, contracts, cooperative agreements, STOP School Violence Act of 2018 (title V of di-
amount available for this grant program shall be and other assistance authorized by title I of the vision S of Public Law 115–141) (‘‘the STOP
available for grants under the program author- Omnibus Crime Control and Safe Streets Act of School Violence Act’’); the Fix NICS Act of 2018
ized by section 2015 of the 1968 Act: Provided 1968 (‘‘the 1968 Act’’); the Violent Crime Control (title VI of division S of Public Law 115–141);
further, That the definitions and grant condi- and Law Enforcement Act of 1994 (Public Law the Project Safe Neighborhoods Grant Program
tions in section 40002 of the 1994 Act shall apply 103–322) (‘‘the 1994 Act’’); the Juvenile Justice Authorization Act of 2018 (Public Law 115–185);
to this program; and Delinquency Prevention Act of 1974 (‘‘the the SUPPORT for Patients and Communities
(5) $55,000,000 is for grants to encourage arrest 1974 Act’’); the Missing Children’s Assistance Act (Public Law 115–271); the Second Chance
policies as authorized by part U of the 1968 Act, Act (34 U.S.C. 11291 et seq.); the Prosecutorial Reauthorization Act of 2018 (Public Law 115–
of which $4,000,000 is for a homicide reduction Remedies and Other Tools to end the Exploi- 391); the Matthew Shepard and James Byrd, Jr.
initiative and up to $4,000,000 is for a domestic tation of Children Today Act of 2003 (Public Hate Crimes Prevention Act (Public Law 111–
violence lethality reduction initiative; Law 108–21) (‘‘the PROTECT Act’’); the Justice 84); the Ashanti Alert Act of 2018 (Public Law
(6) $54,000,000 is for sexual assault victims as- for All Act of 2004 (Public Law 108–405); the Vio- 115–401); the Missing Persons and Unidentified
sistance, as authorized by section 41601 of the lence Against Women and Department of Justice Remains Act of 2019 (Public Law 116–277); the
1994 Act; Reauthorization Act of 2005 (Public Law 109– Jabara-Heyer NO HATE Act (34 U.S.C. 30507)
(7) $48,000,000 is for rural domestic violence 162) (‘‘the 2005 Act’’); the Victims of Child Abuse and other programs, $2,213,000,000, to remain
and child abuse enforcement assistance grants, Act of 1990 (Public Law 101–647); the Second available until expended as follows—
as authorized by section 40295 of the 1994 Act; Chance Act of 2007 (Public Law 110–199); the
(8) $22,000,000 is for grants to reduce violent (1) $674,500,000 for the Edward Byrne Memo-
Victims of Crime Act of 1984 (Public Law 98– rial Justice Assistance Grant program as author-
crimes against women on campus, as authorized 473); the Adam Walsh Child Protection and
by section 304 of the 2005 Act and notwith- ized by subpart 1 of part E of title I of the 1968
Safety Act of 2006 (Public Law 109–248) (‘‘the Act (except that section 1001(c), and the special
standing the restrictions of section 304(a)(2) of Adam Walsh Act’’); the PROTECT Our Chil-
such Act, of which $11,000,000 is for grants to rules for Puerto Rico under section 505(g), of
dren Act of 2008 (Public Law 110–401); subtitle C title I of the 1968 Act shall not apply for pur-
Historically Black Colleges and Universities, of title II of the Homeland Security Act of 2002
Hispanic-Serving Institutions, and Tribal col- poses of this Act), of which, notwithstanding
(Public Law 107–296) (‘‘the 2002 Act’’); the Pris- such subpart 1—
leges; on Rape Elimination Act of 2003 (Public Law
(9) $50,000,000 is for legal assistance for vic- (A) $13,000,000 is for an Officer Robert Wilson
108–79) (‘‘PREA’’); the NICS Improvement III memorial initiative on Preventing Violence
tims, as authorized by section 1201 of the 2000 Amendments Act of 2007 (Public Law 110–180);
Act; Against Law Enforcement and Ensuring Officer
the Violence Against Women Reauthorization Resilience and Survivability (VALOR);
(10) $7,500,000 is for enhanced training and
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); (B) $2,400,000 is for the operation, mainte-
services to end violence against and abuse of
the Comprehensive Addiction and Recovery Act nance, and expansion of the National Missing
women in later life, as authorized by section
of 2016 (Public Law 114–198); the First Step Act and Unidentified Persons System;
40801 of the 1994 Act;
(11) $20,000,000 is for grants to support fami- of 2018 (Public Law 115–391); and other pro- (C) $10,000,000 is for a grant program for State
lies in the justice system, as authorized by sec- grams, $70,000,000, to remain available until ex- and local law enforcement to provide officer
tion 1301 of the 2000 Act: Provided, That unobli- pended, of which— training on responding to individuals with men-
(1) $40,000,000 is for criminal justice statistics tal illness or disabilities;
gated balances available for the programs au-
programs, and other activities, as authorized by (D) $4,000,000 is for a student loan repayment
thorized by section 1301 of the 2000 Act and sec-
part C of title I of the 1968 Act; and assistance program pursuant to section 952 of
tion 41002 of the 1994 Act, prior to their amend-
(2) $30,000,000 is for research, development, Public Law 110–315;
ment by the 2013 Act, shall be available for this
and evaluation programs, and other activities as (E) $15,500,000 is for prison rape prevention
program;
(12) $7,500,000 is for education and training to authorized by part B of title I of the 1968 Act and prosecution grants to States and units of
end violence against and abuse of women with and subtitle C of title II of the 2002 Act, and for local government, and other programs, as au-
disabilities, as authorized by section 1402 of the activities authorized by or consistent with the thorized by the Prison Rape Elimination Act of
2000 Act; First Step Act of 2018, of which $1,500,000 is for 2003 (Public Law 108–79);
(13) $1,000,000 is for the National Resource a feasibility study to create a system to monitor (F) $3,000,000 is for the Missing Americans
Center on Workplace Responses to assist victims abuse in youth-serving organizations. Alert Program (title XXIV of the 1994 Act), as
of domestic violence, as authorized by section STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE amended by Kevin and Avonte’s Law;
41501 of the 1994 Act; (INCLUDING TRANSFER OF FUNDS)
(G) $20,000,000 is for grants authorized under
(14) $1,000,000 is for analysis and research on the Project Safe Neighborhoods Grant Author-
For grants, contracts, cooperative agreements, ization Act of 2018 (Public Law 115–185);
violence against Indian women, including as
and other assistance authorized by the Violent (H) $12,000,000 is for the Capital Litigation
authorized by section 904 of the 2005 Act: Pro-
Crime Control and Law Enforcement Act of 1994 Improvement Grant Program, as authorized by
vided, That such funds may be transferred to
(Public Law 103–322) (‘‘the 1994 Act’’); the Om- section 426 of Public Law 108–405, and for
‘‘Research, Evaluation and Statistics’’ for ad-
nibus Crime Control and Safe Streets Act of 1968 grants for wrongful conviction review;
ministration by the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse (Public Law 90–351) (‘‘the 1968 Act’’); the Justice (I) $3,000,000 is for a national center on restor-
that provides training and technical assistance for All Act of 2004 (Public Law 108–405); the Vic- ative justice;
on issues relating to sexual assault of American tims of Child Abuse Act of 1990 (Public Law 101– (J) $1,000,000 is for the purposes of the
Indian and Alaska Native women; 647) (‘‘the 1990 Act’’); the Trafficking Victims Ashanti Alert Communications Network as au-
(16) $5,500,000 is for grants to assist Tribal Protection Reauthorization Act of 2005 (Public thorized under the Ashanti Alert Act of 2018
Governments in exercising special domestic vio- Law 109–164); the Violence Against Women and (Public Law 115–401);
lence criminal jurisdiction, as authorized by sec- Department of Justice Reauthorization Act of (K) $3,500,000 is for a grant program to rep-
tion 904 of the 2013 Act: Provided, That the 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the licate family-based alternative sentencing pilot
grant conditions in section 40002(b) of the 1994 Adam Walsh Child Protection and Safety Act of programs;
Act shall apply to this program; 2006 (Public Law 109–248) (‘‘the Adam Walsh (L) $2,000,000 is for a grant program to sup-
(17) $1,500,000 is for the purposes authorized Act’’); the Victims of Trafficking and Violence port child advocacy training in post-secondary
under the 2015 Act; Protection Act of 2000 (Public Law 106–386); the education;
(18) $11,000,000 is for a grant program to sup- NICS Improvement Amendments Act of 2007 (M) $8,000,000 is for a rural violent crime ini-
port restorative justice responses to domestic vi- (Public Law 110–180); subtitle C of title II of the tiative, including assistance for law enforce-
olence, dating violence, sexual assault, and Homeland Security Act of 2002 (Public Law 107– ment;
stalking, including evaluations of those re- 296) (‘‘the 2002 Act’’); the Prison Rape Elimi- (N) $5,000,000 is for grants authorized under
sponses: Provided, That the definitions and nation Act of 2003 (Public Law 108–79); the Sec- the Missing Persons and Unidentified Remains
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grant conditions in section 40002 of the 1994 Act, ond Chance Act of 2007 (Public Law 110–199); Act of 2019 (Public Law 116–277);
and in the explanatory statement described in the Prioritizing Resources and Organization for (O) $4,000,000 is for a drug data research cen-
section 4 (in the matter preceding division A of Intellectual Property Act of 2008 (Public Law ter to combat opioid abuse;
this consolidated Act), shall apply to this pro- 110–403); the Victims of Crime Act of 1984 (Public (P) $1,500,000 is for grants to accredited insti-
gram; Law 98–473); the Mentally Ill Offender Treat- tutions of higher education to support forensic
(19) $10,000,000 is for culturally specific serv- ment and Crime Reduction Reauthorization and ballistics programs; and
ices for victims, as authorized by section 121 of Improvement Act of 2008 (Public Law 110–416); (Q) $184,707,000 is for discretionary grants to
the 2005 Act; and the Violence Against Women Reauthorization improve the functioning of the criminal justice
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H1448 CONGRESSIONAL RECORD — HOUSE March 9, 2022
system, to prevent or combat juvenile delin- the Second Chance Reauthorization Act of 2018 and Tribal law enforcement; $35,000,000 is for a
quency, and to assist victims of crime (other (Public Law 115–391), without regard to the time justice reinvestment initiative, for activities re-
than compensation), which shall be used for the limitations specified at section 6(1) of such Act, lated to criminal justice reform and recidivism
projects, and in the amounts, specified under of which not to exceed— reduction; and $50,000,000 is for a community vi-
the heading, ‘‘Byrne Discretionary Community (A) $8,000,000 is for a program to improve olence intervention and prevention initiative;
Project Grants/Byrne Discretionary Grants’’, in State, local, and Tribal probation or parole su- and
the explanatory statement described in section 4 pervision efforts and strategies; (22) $5,000,000 for programs authorized under
(in the matter preceding division A of this con- (B) $5,000,000 is for children of incarcerated the Jabara-Heyer NO HATE Act (34 U.S.C.
solidated Act): Provided, That such amounts parents demonstration programs to enhance and 30507):
may not be transferred for any other purpose; maintain parental and family relationships for Provided, That, if a unit of local government
(2) $234,000,000 for the State Criminal Alien incarcerated parents as a reentry or recidivism uses any of the funds made available under this
Assistance Program, as authorized by section reduction strategy; heading to increase the number of law enforce-
241(I)(5) of the Immigration and Nationality Act (C) $5,000,000 is for additional replication sites ment officers, the unit of local government will
(8 U.S.C. 1231(I)(5)): Provided, That no jurisdic- employing the Project HOPE Opportunity Pro- achieve a net gain in the number of law enforce-
tion shall request compensation for any cost bation with Enforcement model implementing ment officers who perform non-administrative
greater than the actual cost for Federal immi- swift and certain sanctions in probation, of public sector safety service: Provided further,
gration and other detainees housed in State and which no less than $500,000 shall be used for a That in the spending plan submitted pursuant
local detention facilities; project that provides training, technical assist- to section 528 of this Act, the Office of Justice
(3) $88,000,000 for victim services programs for ance, and best practices; and Programs shall specifically and explicitly iden-
victims of trafficking, as authorized by section (D) $10,000,000 is for a grant program for crisis tify all changes in the administration of com-
107(b)(2) of Public Law 106–386, for programs stabilization and community reentry, as author- petitive grant programs for fiscal year 2022, in-
authorized under Public Law 109–164, or pro- ized by the Crisis Stabilization and Community cluding changes to applicant eligibility, priority
grams authorized under Public Law 113–4; Reentry Act of 2020 (Public Law 116–281): areas or weightings, and the application review
(4) $12,000,000 for a grant program to prevent Provided, That up to $7,500,000 of funds made process.
and address economic, high technology, white available in this paragraph may be used for per- JUVENILE JUSTICE PROGRAMS
collar, and Internet crime, including as author- formance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for For grants, contracts, cooperative agreements,
ized by section 401 of Public Law 110–403, of
Pay for Success programs implementing the Per- and other assistance authorized by the Juvenile
which not less than $2,500,000 is for intellectual
manent Supportive Housing Model and reentry Justice and Delinquency Prevention Act of 1974
property enforcement grants including as au-
housing; (‘‘the 1974 Act’’); the Omnibus Crime Control
thorized by section 401, and $2,000,000 is for
(15) $415,000,000 for comprehensive opioid and Safe Streets Act of 1968 (‘‘the 1968 Act’’);
grants to develop databases on Internet of
abuse reduction activities, including as author- the Violence Against Women and Department of
Things device capabilities and to build and exe-
ized by CARA, and for the following programs, Justice Reauthorization Act of 2005 (Public Law
cute training modules for law enforcement;
(5) $20,000,000 for sex offender management which shall address opioid, stimulant, and sub- 109–162) (‘‘the 2005 Act’’); the Missing Children’s
assistance, as authorized by the Adam Walsh stance use disorders consistent with underlying Assistance Act (34 U.S.C. 11291 et seq.); the
Act, and related activities; program authorities, of which— PROTECT Act (Public Law 108–21); the Victims
(6) $30,000,000 for the Patrick Leahy Bullet- (A) $88,000,000 is for Drug Courts, as author- of Child Abuse Act of 1990 (Public Law 101–647)
proof Vest Partnership Grant Program, as au- ized by section 1001(a)(25)(A) of title I of the (‘‘the 1990 Act’’); the Adam Walsh Child Protec-
thorized by section 2501 of title I of the 1968 Act: 1968 Act; tion and Safety Act of 2006 (Public Law 109–248)
Provided, That $1,500,000 shall be transferred (B) $40,000,000 is for mental health courts and (‘‘the Adam Walsh Act’’); the PROTECT Our
directly to the National Institute of Standards adult and juvenile collaboration program Children Act of 2008 (Public Law 110–401); the
and Technology’s Office of Law Enforcement grants, as authorized by parts V and HH of title Violence Against Women Reauthorization Act of
Standards for research, testing, and evaluation I of the 1968 Act, and the Mentally Ill Offender 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the
programs; Treatment and Crime Reduction Reauthoriza- Justice for All Reauthorization Act of 2016 (Pub-
(7) $1,000,000 for the National Sex Offender tion and Improvement Act of 2008 (Public Law lic Law 114–324); the Missing Children’s Assist-
Public Website; 110–416); ance Act of 2018 (Public Law 115–267); the Juve-
(8) $95,000,000 for grants to States to upgrade (C) $40,000,000 is for grants for Residential nile Justice Reform Act of 2018 (Public Law 115–
criminal and mental health records for the Na- Substance Abuse Treatment for State Prisoners, 385); the Victims of Crime Act of 1984 (chapter
tional Instant Criminal Background Check Sys- as authorized by part S of title I of the 1968 Act; XIV of title II of Public Law 98–473) (‘‘the 1984
tem, of which no less than $25,000,000 shall be (D) $29,000,000 is for a veterans treatment Act’’); the Comprehensive Addiction and Recov-
for grants made under the authorities of the courts program; ery Act of 2016 (Public Law 114–198); and other
NICS Improvement Amendments Act of 2007 (E) $33,000,000 is for a program to monitor pre- juvenile justice programs, $360,000,000, to remain
(Public Law 110–180) and Fix NICS Act of 2018; scription drugs and scheduled listed chemical available until expended as follows—
(9) $33,000,000 for Paul Coverdell Forensic products; and (1) $70,000,000 for programs authorized by sec-
Sciences Improvement Grants under part BB of (F) $185,000,000 is for a comprehensive opioid, tion 221 of the 1974 Act, and for training and
title I of the 1968 Act; stimulant, and substance abuse program; technical assistance to assist small, nonprofit
(10) $151,000,000 for DNA-related and forensic (16) $2,500,000 for a competitive grant program organizations with the Federal grants process:
programs and activities, of which— authorized by the Keep Young Athletes Safe Provided, That of the amounts provided under
(A) $120,000,000 is for the purposes authorized Act; this paragraph, $500,000 shall be for a competi-
under section 2 of the DNA Analysis Backlog (17) $82,000,000 for grants to be administered tive demonstration grant program to support
Elimination Act of 2000 (Public Law 106–546) by the Bureau of Justice Assistance for purposes emergency planning among State, local, and
(the Debbie Smith DNA Backlog Grant Pro- authorized under the STOP School Violence Tribal juvenile justice residential facilities;
gram): Provided, That up to 4 percent of funds Act; (2) $102,000,000 for youth mentoring grants;
made available under this paragraph may be (18) $3,000,000 for grants to State and local (3) $49,500,000 for delinquency prevention, of
used for the purposes described in the DNA law enforcement agencies for the expenses asso- which, pursuant to sections 261 and 262 of the
Training and Education for Law Enforcement, ciated with the investigation and prosecution of 1974 Act—
Correctional Personnel, and Court Officers pro- criminal offenses involving civil rights, author- (A) $4,000,000 shall be for grants to prevent
gram (Public Law 108–405, section 303); ized by the Emmett Till Unsolved Civil Rights trafficking of girls;
(B) $15,000,000 for other local, State, and Fed- Crimes Reauthorization Act of 2016 (Public Law (B) $14,000,000 shall be for the Tribal Youth
eral forensic activities; 114–325); Program;
(C) $12,000,000 is for the purposes described in (19) $13,000,000 for grants to State, local, and (C) $500,000 shall be for an Internet site pro-
the Kirk Bloodsworth Post-Conviction DNA Tribal law enforcement agencies to conduct edu- viding information and resources on children of
Testing Grant Program (Public Law 108–405, cational outreach and training on hate crimes incarcerated parents;
section 412); and and to investigate and prosecute hate crimes, as (D) $4,500,000 shall be for competitive grants
(D) $4,000,000 is for Sexual Assault Forensic authorized by section 4704 of the Matthew focusing on girls in the juvenile justice system;
Exam Program grants, including as authorized Shepard and James Byrd, Jr. Hate Crimes Pre- (E) $12,000,000 shall be for an initiative relat-
by section 304 of Public Law 108–405; vention Act (Public Law 111–84); ing to youth affected by opioids, stimulants, and
(11) $50,000,000 for community-based grant (20) $5,000,000 for grants to support commu- other substance use;
programs to improve the response to sexual as- nity-based approaches to advancing justice and (F) $8,000,000 shall be for an initiative relating
sault, including assistance for investigation and reconciliation, facilitating dialogue between all to children exposed to violence; and
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prosecution of related cold cases; parties, building local capacity, de-escalating (G) $5,000,000 shall be for grants to protect
(12) $14,000,000 for the court-appointed special community tensions, and preventing hate crimes vulnerable and at-risk youth;
advocate program, as authorized by section 217 through conflict resolution and community em- (4) $33,000,000 for programs authorized by the
of the 1990 Act; powerment and education; Victims of Child Abuse Act of 1990;
(13) $50,000,000 for assistance to Indian Tribes; (21) $120,000,000 for initiatives to improve po- (5) $99,000,000 for missing and exploited chil-
(14) $115,000,000 for offender reentry programs lice-community relations, of which $35,000,000 is dren programs, including as authorized by sec-
and research, as authorized by the Second for a competitive matching grant program for tions 404(b) and 405(a) of the 1974 Act (except
Chance Act of 2007 (Public Law 110–199) and by purchases of body-worn cameras for State, local, that section 102(b)(4)(B) of the PROTECT Our
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1449
Children Act of 2008 (Public Law 110–401) shall under this paragraph $42,000,000 is for regional SEC. 204. Nothing in the preceding section
not apply for purposes of this Act); information sharing activities, as authorized by shall remove the obligation of the Director of the
(6) $4,000,000 for child abuse training pro- part M of title I of the 1968 Act, which shall be Bureau of Prisons to provide escort services nec-
grams for judicial personnel and practitioners, transferred to and merged with ‘‘Research, essary for a female inmate to receive such serv-
as authorized by section 222 of the 1990 Act; and Evaluation, and Statistics’’ for administration ice outside the Federal facility: Provided, That
(7) $2,500,000 for a program to improve juve- by the Office of Justice Programs: Provided fur- nothing in this section in any way diminishes
nile indigent defense: ther, That of the amounts appropriated under the effect of section 203 intended to address the
Provided, That not more than 10 percent of each this paragraph, no less than $3,000,000 is to sup- philosophical beliefs of individual employees of
amount may be used for research, evaluation, port the Tribal Access Program: Provided fur- the Bureau of Prisons.
and statistics activities designed to benefit the ther, That of the amounts appropriated under SEC. 205. Not to exceed 5 percent of any ap-
programs or activities authorized: Provided fur- this paragraph, $8,000,000 is for training, peer propriation made available for the current fiscal
ther, That not more than 2 percent of the mentoring, mental health program activities, year for the Department of Justice in this Act
amounts designated under paragraphs (1) and other support services as authorized under may be transferred between such appropria-
through (3) and (6) may be used for training the LEMHW Act and the STOIC Act: Provided tions, but no such appropriation, except as oth-
and technical assistance: Provided further, That further, That of the amounts appropriated erwise specifically provided, shall be increased
the two preceding provisos shall not apply to under this paragraph, $5,000,000 is for the col- by more than 10 percent by any such transfers:
grants and projects administered pursuant to laborative reform model of technical assistance Provided, That any transfer pursuant to this
sections 261 and 262 of the 1974 Act and to miss- in furtherance of section 1701 of title I of the section shall be treated as a reprogramming of
ing and exploited children programs. 1968 Act (34 U.S.C. 10381); funds under section 505 of this Act and shall not
PUBLIC SAFETY OFFICER BENEFITS (2) $11,000,000 is for activities authorized by be available for obligation except in compliance
the POLICE Act of 2016 (Public Law 114–199); with the procedures set forth in that section:
(INCLUDING TRANSFER OF FUNDS)
(3) $15,000,000 is for competitive grants to Provided further, That this section shall not
For payments and expenses authorized under apply to the following—
State law enforcement agencies in States with
section 1001(a)(4) of title I of the Omnibus Crime (1) paragraph 1(Q) under the heading ‘‘State
high seizures of precursor chemicals, finished
Control and Safe Streets Act of 1968, such sums and Local Law Enforcement Assistance’’; and
methamphetamine, laboratories, and laboratory
as are necessary (including amounts for admin- (2) paragraph (7) under the heading ‘‘Commu-
dump seizures: Provided, That funds appro-
istrative costs), to remain available until ex- nity Oriented Policing Services Programs’’.
priated under this paragraph shall be utilized SEC. 206. None of the funds made available
pended; and $30,000,000 for payments authorized
for investigative purposes to locate or inves- under this title may be used by the Federal Bu-
by section 1201(b) of such Act and for edu-
tigate illicit activities, including precursor diver- reau of Prisons or the United States Marshals
cational assistance authorized by section 1218 of
sion, laboratories, or methamphetamine traf- Service for the purpose of transporting an indi-
such Act, to remain available until expended:
fickers; vidual who is a prisoner pursuant to conviction
Provided, That notwithstanding section 205 of (4) $35,000,000 is for competitive grants to
this Act, upon a determination by the Attorney for crime under State or Federal law and is clas-
statewide law enforcement agencies in States sified as a maximum or high security prisoner,
General that emergent circumstances require ad- with high rates of primary treatment admissions
ditional funding for such disability and edu- other than to a prison or other facility certified
for heroin and other opioids: Provided, That by the Federal Bureau of Prisons as appro-
cation payments, the Attorney General may these funds shall be utilized for investigative
transfer such amounts to ‘‘Public Safety Officer priately secure for housing such a prisoner.
purposes to locate or investigate illicit activities, SEC. 207. (a) None of the funds appropriated
Benefits’’ from available appropriations for the including activities related to the distribution of
Department of Justice as may be necessary to re- by this Act may be used by Federal prisons to
heroin or unlawful distribution of prescription purchase cable television services, or to rent or
spond to such circumstances: Provided further, opioids, or unlawful heroin and prescription
That any transfer pursuant to the preceding purchase audiovisual or electronic media or
opioid traffickers through statewide collabora- equipment used primarily for recreational pur-
proviso shall be treated as a reprogramming tion;
under section 505 of this Act and shall not be poses.
(5) $53,000,000 is for competitive grants to be (b) Subsection (a) does not preclude the rent-
available for obligation or expenditure except in administered by the Community Oriented Polic- al, maintenance, or purchase of audiovisual or
compliance with the procedures set forth in that ing Services Office for purposes authorized electronic media or equipment for inmate train-
section. under the STOP School Violence Act (title V of ing, religious, or educational programs.
COMMUNITY ORIENTED POLICING SERVICES division S of Public Law 115–141); SEC. 208. None of the funds made available
COMMUNITY ORIENTED POLICING SERVICES (6) $40,000,000 is for community policing devel- under this title shall be obligated or expended
PROGRAMS opment activities in furtherance of section 1701 for any new or enhanced information tech-
(INCLUDING TRANSFER OF FUNDS) of title I of the 1968 Act (34 U.S.C. 10381); and nology program having total estimated develop-
(7) $111,744,000 is for a law enforcement tech- ment costs in excess of $100,000,000, unless the
For activities authorized by the Violent Crime nologies and interoperable communications pro- Deputy Attorney General and the investment re-
Control and Law Enforcement Act of 1994 (Pub- gram, and related law enforcement and public view board certify to the Committees on Appro-
lic Law 103–322); the Omnibus Crime Control safety equipment, which shall be used for the priations of the House of Representatives and
and Safe Streets Act of 1968 (‘‘the 1968 Act’’); projects, and in the amounts, specified under the Senate that the information technology pro-
the Violence Against Women and Department of the heading, ‘‘Community Oriented Policing gram has appropriate program management con-
Justice Reauthorization Act of 2005 (Public Law Services, Technology and Equipment Commu- trols and contractor oversight mechanisms in
109–162) (‘‘the 2005 Act’’); the American Law nity Projects/ COPS Law Enforcement Tech- place, and that the program is compatible with
Enforcement Heroes Act of 2017 (Public Law nology and Equipment’’, in the explanatory the enterprise architecture of the Department of
115–37); the Law Enforcement Mental Health statement described in section 4 (in the matter Justice.
and Wellness Act (Public Law 115–113) (‘‘the preceding division A of this consolidated Act): SEC. 209. The notification thresholds and pro-
LEMHW Act’’); the SUPPORT for Patients and Provided, That such amounts may not be trans- cedures set forth in section 505 of this Act shall
Communities Act (Public Law 115–271); and the ferred for any other purpose: Provided further, apply to deviations from the amounts designated
Supporting and Treating Officers In Crisis Act That grants funded by such amounts shall not for specific activities in this Act and in the ex-
of 2019 (Public Law 116–32) (‘‘the STOIC Act’’), be subject to section 1703 of title I of the 1968 Act planatory statement described in section 4 (in
$511,744,000, to remain available until expended: (34 U.S.C. 10383). the matter preceding division A of this consoli-
Provided, That any balances made available dated Act), and to any use of deobligated bal-
through prior year deobligations shall only be GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
ances of funds provided under this title in pre-
available in accordance with section 505 of this (INCLUDING TRANSFER OF FUNDS)
vious years.
Act: Provided further, That of the amount pro- SEC. 201. In addition to amounts otherwise SEC. 210. None of the funds appropriated by
vided under this heading— made available in this title for official reception this Act may be used to plan for, begin, con-
(1) $246,000,000 is for grants under section 1701 and representation expenses, a total of not to tinue, finish, process, or approve a public-pri-
of title I of the 1968 Act (34 U.S.C. 10381) for the exceed $50,000 from funds appropriated to the vate competition under the Office of Manage-
hiring and rehiring of additional career law en- Department of Justice in this title shall be avail- ment and Budget Circular A–76 or any successor
forcement officers under part Q of such title able to the Attorney General for official recep- administrative regulation, directive, or policy
notwithstanding subsection (I) of such section: tion and representation expenses. for work performed by employees of the Bureau
Provided, That, notwithstanding section 1704(c) SEC. 202. None of the funds appropriated by of Prisons or of Federal Prison Industries, In-
of such title (34 U.S.C. 10384(c)), funding for this title shall be available to pay for an abor- corporated.
hiring or rehiring a career law enforcement offi- tion, except where the life of the mother would SEC. 211. Notwithstanding any other provision
cer may not exceed $125,000 unless the Director be endangered if the fetus were carried to term, of law, no funds shall be available for the sal-
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of the Office of Community Oriented Policing or in the case of rape or incest: Provided, That ary, benefits, or expenses of any United States
Services grants a waiver from this limitation: should this prohibition be declared unconstitu- Attorney assigned dual or additional respon-
Provided further, That of the amounts appro- tional by a court of competent jurisdiction, this sibilities by the Attorney General or his designee
priated under this paragraph, $31,500,000 is for section shall be null and void. that exempt that United States Attorney from
improving Tribal law enforcement, including SEC. 203. None of the funds appropriated the residency requirements of section 545 of title
hiring, equipment, training, anti-methamphet- under this title shall be used to require any per- 28, United States Code.
amine activities, and anti-opioid activities: Pro- son to perform, or facilitate in any way the per- SEC. 212. At the discretion of the Attorney
vided further, That of the amounts appropriated formance of, any abortion. General, and in addition to any amounts that
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H1450 CONGRESSIONAL RECORD — HOUSE March 9, 2022
otherwise may be available (or authorized to be Programs may be used to participate in Perform- technology research and development activities,
made available) by law, with respect to funds ance Partnership Pilots authorized under such including research, development, operations,
appropriated by this title under the headings authorities as have been enacted for Perform- support, and services; maintenance and repair,
‘‘Research, Evaluation and Statistics’’, ‘‘State ance Partnership Pilots in appropriations acts facility planning and design; space flight,
and Local Law Enforcement Assistance’’, and in prior fiscal years and the current fiscal year. spacecraft control, and communications activi-
‘‘Juvenile Justice Programs’’— SEC. 218. The Attorney General shall submit to ties; program management; personnel and re-
(1) up to 2 percent of funds made available to the Committees on Appropriations of the House lated costs, including uniforms or allowances
the Office of Justice Programs for grant or reim- of Representatives and the Senate quarterly re- therefor, as authorized by sections 5901 and 5902
bursement programs may be used by such Office ports on the Crime Victims Fund, the Working of title 5, United States Code; travel expenses;
to provide training and technical assistance; Capital Fund, the Three Percent Fund, and the purchase and hire of passenger motor vehicles;
and Asset Forfeiture Fund. Such quarterly reports and purchase, lease, charter, maintenance, and
(2) up to 2 percent of funds made available for shall contain at least the same level of informa- operation of mission and administrative aircraft,
grant or reimbursement programs under such tion and detail for each Fund as was provided $1,100,000,000, to remain available until Sep-
headings, except for amounts appropriated spe- to the Committees on Appropriations of the tember 30, 2023: Provided, That $227,000,000
cifically for research, evaluation, or statistical House of Representatives and the Senate in fis- shall be for RESTORE–L/SPace Infrastructure
programs administered by the National Institute cal year 2021. DExterous Robot: Provided further, That
of Justice and the Bureau of Justice Statistics, This title may be cited as the ‘‘Department of $110,000,000 shall be for the development, pro-
shall be transferred to and merged with funds Justice Appropriations Act, 2022’’. duction, and demonstration of a nuclear ther-
provided to the National Institute of Justice and TITLE III mal propulsion system, of which $80,000,000
the Bureau of Justice Statistics, to be used by SCIENCE shall be for the design of a flight demonstration
them for research, evaluation, or statistical pur- system: Provided further, That, not later than
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
poses, without regard to the authorizations for 180 days after the enactment of this Act, the Na-
such grant or reimbursement programs. For necessary expenses of the Office of
Science and Technology Policy, in carrying out tional Aeronautics and Space Administration
This section shall not apply to paragraph 1(Q)
the purposes of the National Science and Tech- shall provide a plan for the design of a flight
under the heading ‘‘State and Local Law En-
nology Policy, Organization, and Priorities Act demonstration.
forcement Assistance’’.
SEC. 213. Upon request by a grantee for whom of 1976 (42 U.S.C. 6601 et seq.), hire of passenger EXPLORATION
the Attorney General has determined there is a motor vehicles, and services as authorized by For necessary expenses, not otherwise pro-
fiscal hardship, the Attorney General may, with section 3109 of title 5, United States Code, not to vided for, in the conduct and support of explo-
respect to funds appropriated in this or any exceed $2,250 for official reception and represen- ration research and development activities, in-
other Act making appropriations for fiscal years tation expenses, and rental of conference rooms cluding research, development, operations, sup-
2019 through 2022 for the following programs, in the District of Columbia, $6,652,000. port, and services; maintenance and repair, fa-
waive the following requirements: NATIONAL SPACE COUNCIL cility planning and design; space flight, space-
(1) For the adult and juvenile offender State For necessary expenses of the National Space craft control, and communications activities;
and local reentry demonstration projects under Council, in carrying out the purposes of title V program management; personnel and related
part FF of title I of the Omnibus Crime Control of Public Law 100–685 and Executive Order No. costs, including uniforms or allowances there-
and Safe Streets Act of 1968 (34 U.S.C. 10631 et 13803, hire of passenger motor vehicles, and for, as authorized by sections 5901 and 5902 of
seq.), the requirements under section 2976(g)(1) services as authorized by section 3109 of title 5, title 5, United States Code; travel expenses; pur-
of such part (34 U.S.C. 10631(g)(1)). United States Code, not to exceed $2,250 for offi- chase and hire of passenger motor vehicles; and
(2) For grants to protect inmates and safe- cial reception and representation expenses, purchase, lease, charter, maintenance, and op-
guard communities as authorized by section 6 of $1,965,000: Provided, That notwithstanding any eration of mission and administrative aircraft,
the Prison Rape Elimination Act of 2003 (34 other provision of law, the National Space $6,791,700,000, to remain available until Sep-
U.S.C. 30305(c)(3)), the requirements of section Council may accept personnel support from Fed- tember 30, 2023: Provided, That not less than
6(c)(3) of such Act. eral agencies, departments, and offices, and $1,406,700,000 shall be for the Orion Multi-Pur-
SEC. 214. Notwithstanding any other provision such Federal agencies, departments, and offices pose Crew Vehicle: Provided further, That not
of law, section 20109(a) of subtitle A of title II may detail staff without reimbursement to the less than $2,600,000,000 shall be for the Space
of the Violent Crime Control and Law Enforce- National Space Council for purposes provided Launch System (SLS) launch vehicle, which
ment Act of 1994 (34 U.S.C. 12109(a)) shall not herein. shall have a lift capability not less than 130
apply to amounts made available by this or any
NATIONAL AERONAUTICS AND SPACE metric tons and which shall have core elements
other Act.
SEC. 215. None of the funds made available ADMINISTRATION and an Exploration Upper Stage developed si-
under this Act, other than for the national in- SCIENCE multaneously to be used to the maximum extent
stant criminal background check system estab- For necessary expenses, not otherwise pro- practicable, including for Earth to Moon mis-
lished under section 103 of the Brady Handgun vided for, in the conduct and support of science sions and Moon landings: Provided further,
Violence Prevention Act (34 U.S.C. 40901), may research and development activities, including That of the amounts provided for SLS, not less
be used by a Federal law enforcement officer to research, development, operations, support, and than $600,000,000 shall be for SLS Block 1B de-
facilitate the transfer of an operable firearm to services; maintenance and repair, facility plan- velopment including the Exploration Upper
an individual if the Federal law enforcement of- ning and design; space flight, spacecraft con- Stage and associated systems including related
ficer knows or suspects that the individual is an trol, and communications activities; program facilitization, to support an SLS Block 1B mis-
agent of a drug cartel, unless law enforcement management; personnel and related costs, in- sion available to launch in 2025 in addition to
personnel of the United States continuously cluding uniforms or allowances therefor, as au- the planned Block 1 missions for Artemis I
monitor or control the firearm at all times. thorized by sections 5901 and 5902 of title 5, through Artemis III: Provided further, That
SEC. 216. (a) None of the income retained in United States Code; travel expenses; purchase $590,000,000 shall be for Exploration Ground
the Department of Justice Working Capital and hire of passenger motor vehicles; and pur- Systems and associated Block 1B activities, in-
Fund pursuant to title I of Public Law 102–140 chase, lease, charter, maintenance, and oper- cluding up to $165,300,000 for a second mobile
(105 Stat. 784; 28 U.S.C. 527 note) shall be avail- ation of mission and administrative aircraft, launch platform: Provided further, That the Na-
able for obligation during fiscal year 2022, ex- $7,614,400,000, to remain available until Sep- tional Aeronautics and Space Administration
cept up to $12,000,000 may be obligated for im- tember 30, 2023. shall provide to the Committees on Appropria-
plementation of a unified Department of Justice tions of the House of Representatives and the
AERONAUTICS
financial management system. Senate, concurrent with the annual budget sub-
For necessary expenses, not otherwise pro- mission, a 5-year budget profile for an inte-
(b) Not to exceed $30,000,000 of the unobli-
vided for, in the conduct and support of aero- grated system that includes the SLS, the Orion
gated balances transferred to the capital ac-
nautics research and development activities, in- Multi-Purpose Crew Vehicle, and associated
count of the Department of Justice Working
cluding research, development, operations, sup- ground systems that will ensure a crewed
Capital Fund pursuant to title I of Public Law
port, and services; maintenance and repair, fa- launch as early as possible, as well as a system-
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall
cility planning and design; space flight, space- based funding profile for a sustained launch ca-
be available for obligation in fiscal year 2022,
craft control, and communications activities; dence that contemplates the use of an SLS
and any use, obligation, transfer, or allocation
program management; personnel and related Block 1B cargo variant with an 8.4 meter fairing
of such funds shall be treated as a reprogram-
costs, including uniforms or allowances there- and associated ground systems: Provided fur-
ming of funds under section 505 of this Act.
(c) Not to exceed $10,000,000 of the excess un- for, as authorized by sections 5901 and 5902 of ther, That $2,195,000,000 shall be for exploration
obligated balances available under section title 5, United States Code; travel expenses; pur- research and development: Provided further,
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524(c)(8)(E) of title 28, United States Code, shall chase and hire of passenger motor vehicles; and That acquisition of human-rated deep space ex-
be available for obligation during fiscal year purchase, lease, charter, maintenance, and op- ploration lunar and cislunar transportation and
2022, and any use, obligation, transfer or alloca- eration of mission and administrative aircraft, habitation capabilities, human-rated lunar ter-
tion of such funds shall be treated as a re- $880,700,000, to remain available until September rain mobility capabilities, exploration mission
programming of funds under section 505 of this 30, 2023. rated suits, lunar communications and naviga-
Act. SPACE TECHNOLOGY tion capabilities, and their associated compo-
SEC. 217. Discretionary funds that are made For necessary expenses, not otherwise pro- nents, may be funded incrementally in fiscal
available in this Act for the Office of Justice vided for, in the conduct and support of space year 2022 and thereafter.
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1451
SPACE OPERATIONS tion of new facilities and additions to existing in the current-year Construction and Environ-
For necessary expenses, not otherwise pro- facilities, facility planning and design, and res- mental Compliance and Restoration (CECR) ap-
vided for, in the conduct and support of space toration, and acquisition or condemnation of propriation may be applied to CECR projects
operations research and development activities, real property, as authorized by law, and envi- funded under previous years’ CECR appropria-
including research, development, operations, ronmental compliance and restoration, tions. Use of current-year funds under this pro-
support and services; space flight, spacecraft $410,300,000, to remain available until September vision shall be treated as a reprogramming of
control, and communications activities, includ- 30, 2027, of which $55,000,000 shall be available funds under section 505 of this act and shall not
ing operations, production, and services; main- only for costs related to the replacement of Na- be available for obligation except in compliance
tenance and repair, facility planning and de- tional Aeronautics and Space Administration with the procedures set forth in that section.
sign; program management; personnel and re- facilities that were subject to an emergency clo- Of the amounts made available in this Act
lated costs, including uniforms or allowances sure for life and safety issues in fiscal year 2020: under the heading ‘‘Science, Technology, Engi-
therefor, as authorized by sections 5901 and 5902 Provided, That proceeds from leases deposited neering, and Mathematics Engagement’’
of title 5, United States Code; travel expenses; into this account shall be available for a period (‘‘STEM Engagement’’), up to $5,000,000 shall be
purchase and hire of passenger motor vehicles; of 5 years to the extent and in amounts as pro- available to jointly fund, with an additional
and purchase, lease, charter, maintenance, and vided in annual appropriations Acts: Provided amount of up to $1,000,000 each from amounts
operation of mission and administrative aircraft, further, That such proceeds referred to in the made available in this Act under the headings
$4,041,300,000, to remain available until Sep- preceding proviso shall be available for obliga- ‘‘Science’’, ‘‘Aeronautics’’, ‘‘Space Tech-
tember 30, 2023. tion for fiscal year 2022 in an amount not to ex- nology’’, ‘‘Exploration’’, and ‘‘Space Oper-
ceed $20,000,000: Provided further, That each ations’’, projects and activities for engaging stu-
SCIENCE, TECHNOLOGY, ENGINEERING, AND
annual budget request shall include an annual dents in STEM and increasing STEM research
MATHEMATICS ENGAGEMENT
estimate of gross receipts and collections and capacities of universities, including Minority
For necessary expenses, not otherwise pro- proposed use of all funds collected pursuant to
vided for, in the conduct and support of aero- Serving Institutions.
section 20145 of title 51, United States Code.
space and aeronautical education research and NATIONAL SCIENCE FOUNDATION
OFFICE OF INSPECTOR GENERAL
development activities, including research, de- RESEARCH AND RELATED ACTIVITIES
velopment, operations, support, and services; For necessary expenses of the Office of In-
program management; personnel and related spector General in carrying out the Inspector For necessary expenses in carrying out the
costs, including uniforms or allowances there- General Act of 1978, $45,300,000, of which National Science Foundation Act of 1950 (42
for, as authorized by sections 5901 and 5902 of $500,000 shall remain available until September U.S.C. 1861 et seq.), and Public Law 86–209 (42
title 5, United States Code; travel expenses; pur- 30, 2023. U.S.C. 1880 et seq.); services as authorized by
chase and hire of passenger motor vehicles; and ADMINISTRATIVE PROVISIONS section 3109 of title 5, United States Code; main-
purchase, lease, charter, maintenance, and op- (INCLUDING TRANSFERS OF FUNDS) tenance and operation of aircraft and purchase
eration of mission and administrative aircraft, of flight services for research support; acquisi-
Funds for any announced prize otherwise au-
$137,000,000, to remain available until September tion of aircraft; and authorized travel;
thorized shall remain available, without fiscal
30, 2023, of which $26,000,000 shall be for the Es- $7,159,400,000, to remain available until Sep-
year limitation, until a prize is claimed or the
tablished Program to Stimulate Competitive Re- tember 30, 2023, of which not to exceed
offer is withdrawn.
search and $54,500,000 shall be for the National Not to exceed 5 percent of any appropriation $544,000,000 shall remain available until ex-
Space Grant College and Fellowship Program. made available for the current fiscal year for pended for polar research and operations sup-
the National Aeronautics and Space Adminis- port, and for reimbursement to other Federal
SAFETY, SECURITY AND MISSION SERVICES
tration in this Act may be transferred between agencies for operational and science support
For necessary expenses, not otherwise pro- and logistical and other related activities for the
vided for, in the conduct and support of science, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall United States Antarctic program: Provided,
aeronautics, space technology, exploration, That receipts for scientific support services and
space operations and education research and be increased by more than 10 percent by any
such transfers. Any funds transferred to ‘‘Con- materials furnished by the National Research
development activities, including research, de- Centers and other National Science Foundation
velopment, operations, support, and services; struction and Environmental Compliance and
Restoration’’ for construction activities shall supported research facilities may be credited to
maintenance and repair, facility planning and this appropriation.
design; space flight, spacecraft control, and not increase that account by more than 20 per-
communications activities; program manage- cent and any funds transferred to or within MAJOR RESEARCH EQUIPMENT AND FACILITIES
ment; personnel and related costs, including ‘‘Exploration’’ for Exploration Ground Systems CONSTRUCTION
uniforms or allowances therefor, as authorized shall not increase Exploration Ground Systems For necessary expenses for the acquisition,
by sections 5901 and 5902 of title 5, United States by more than $100,000,000. Balances so trans- construction, commissioning, and upgrading of
Code; travel expenses; purchase and hire of pas- ferred shall be merged with and available for major research equipment, facilities, and other
senger motor vehicles; not to exceed $63,000 for the same purposes and the same time period as such capital assets pursuant to the National
official reception and representation expenses; the appropriations to which transferred. Any Science Foundation Act of 1950 (42 U.S.C. 1861
and purchase, lease, charter, maintenance, and transfer pursuant to this provision shall be et seq.), including authorized travel,
operation of mission and administrative aircraft, treated as a reprogramming of funds under sec- $249,000,000, to remain available until expended.
$3,020,600,000, to remain available until Sep- tion 505 of this Act and shall not be available
for obligation except in compliance with the pro- EDUCATION AND HUMAN RESOURCES
tember 30, 2023: Provided, That if available bal-
ances in the ‘‘Science, Space, and Technology cedures set forth in that section. For necessary expenses in carrying out
Education Trust Fund’’ are not sufficient to Not to exceed 5 percent of any appropriation science, mathematics, and engineering edu-
provide for the grant disbursements required provided for the National Aeronautics and cation and human resources programs and ac-
under the third and fourth provisos under such Space Administration under previous appropria- tivities pursuant to the National Science Foun-
heading in the Department of Housing and tions Acts that remains available for obligation dation Act of 1950 (42 U.S.C. 1861 et seq.), in-
Urban Development-Independent Agencies Ap- or expenditure in fiscal year 2022 may be trans- cluding services as authorized by section 3109 of
propriations Act, 1989 (Public Law 100–404) as ferred between such appropriations, but no such title 5, United States Code, authorized travel,
amended by the Departments of Veterans Af- appropriation, except as otherwise specifically and rental of conference rooms in the District of
fairs and Housing and Urban Development, and provided, shall be increased by more than 10 Columbia, $1,006,000,000, to remain available
Independent Agencies Appropriations Act, 1995 percent by any such transfers. Any transfer until September 30, 2023.
(Public Law 103–327) up to $1,000,000 shall be pursuant to this provision shall retain its origi-
AGENCY OPERATIONS AND AWARD MANAGEMENT
available from amounts made available under nal availability and shall be treated as a re-
programming of funds under section 505 of this For agency operations and award manage-
this heading to make such grant disbursements: ment necessary in carrying out the National
Provided further, That of the amounts appro- Act and shall not be available for obligation ex-
cept in compliance with the procedures set forth Science Foundation Act of 1950 (42 U.S.C. 1861
priated under this heading, $22,655,000 shall be et seq.); services authorized by section 3109 of
used for the projects, and in the amounts, speci- in that section.
The spending plan required by this Act shall title 5, United States Code; hire of passenger
fied in the table under the heading ‘‘NASA Com- motor vehicles; uniforms or allowances therefor,
be provided by the National Aeronautics and
munity Projects/NASA Special Projects’’ in the as authorized by sections 5901 and 5902 of title
Space Administration at the theme, program,
explanatory statement described in section 4 (in 5, United States Code; rental of conference
project, and activity level. The spending plan,
the matter preceding division A of this consoli- rooms in the District of Columbia; and reim-
as well as any subsequent change of an amount
dated Act): Provided further, That the amounts bursement of the Department of Homeland Secu-
established in that spending plan that meets the
rfrederick on DSKBCBPHB2PROD with HOUSE
made available for the projects referenced in the rity for security guard services; $400,000,000:
notification requirements of section 505 of this
preceding proviso may not be transferred for Provided, That not to exceed $8,280 is for official
Act, shall be treated as a reprogramming under
any other purpose. reception and representation expenses: Provided
section 505 of this Act and shall not be available
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE for obligation or expenditure except in compli- further, That contracts may be entered into
AND RESTORATION ance with the procedures set forth in that sec- under this heading in fiscal year 2022 for main-
For necessary expenses for construction of fa- tion. tenance and operation of facilities and for other
cilities including repair, rehabilitation, revital- Not more than 20 percent or $50,000,000, services to be provided during the next fiscal
ization, and modification of facilities, construc- whichever is less, of the amounts made available year.
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H1452 CONGRESSIONAL RECORD — HOUSE March 9, 2022
OFFICE OF THE NATIONAL SCIENCE BOARD title VII of the Civil Rights Act of 1964, the Age MARINE MAMMAL COMMISSION
For necessary expenses (including payment of Discrimination in Employment Act of 1967, the SALARIES AND EXPENSES
salaries, authorized travel, hire of passenger Equal Pay Act of 1963, the Americans with Dis- For necessary expenses of the Marine Mam-
motor vehicles, the rental of conference rooms in abilities Act of 1990, section 501 of the Rehabili- mal Commission as authorized by title II of the
the District of Columbia, and the employment of tation Act of 1973, the Civil Rights Act of 1991, Marine Mammal Protection Act of 1972 (16
experts and consultants under section 3109 of the Genetic Information Nondiscrimination Act U.S.C. 1361 et seq.), $4,200,000.
title 5, United States Code) involved in carrying (GINA) of 2008 (Public Law 110–233), the ADA
OFFICE OF THE UNITED STATES TRADE
out section 4 of the National Science Founda- Amendments Act of 2008 (Public Law 110–325),
REPRESENTATIVE
tion Act of 1950 (42 U.S.C. 1863) and Public Law and the Lilly Ledbetter Fair Pay Act of 2009
(Public Law 111–2), including services as au- SALARIES AND EXPENSES
86–209 (42 U.S.C. 1880 et seq.), $4,600,000: Pro-
vided, That not to exceed $2,500 shall be avail- thorized by section 3109 of title 5, United States For necessary expenses of the Office of the
able for official reception and representation ex- Code; hire of passenger motor vehicles as au- United States Trade Representative, including
penses. thorized by section 1343(b) of title 31, United the hire of passenger motor vehicles and the em-
States Code; nonmonetary awards to private ployment of experts and consultants as author-
OFFICE OF INSPECTOR GENERAL
citizens; and up to $31,500,000 for payments to ized by section 3109 of title 5, United States
For necessary expenses of the Office of In- State and local enforcement agencies for author- Code, $56,000,000, of which $1,000,000 shall re-
spector General as authorized by the Inspector ized services to the Commission, $420,000,000: main available until expended: Provided, That
General Act of 1978, $19,000,000, of which Provided, That the Commission is authorized to of the total amount made available under this
$400,000 shall remain available until September make available for official reception and rep- heading, not to exceed $124,000 shall be avail-
30, 2023. resentation expenses not to exceed $2,250 from able for official reception and representation ex-
ADMINISTRATIVE PROVISIONS available funds: Provided further, That the penses.
(INCLUDING TRANSFERS OF FUNDS) Commission may take no action to implement TRADE ENFORCEMENT TRUST FUND
Not to exceed 5 percent of any appropriation any workforce repositioning, restructuring, or (INCLUDING TRANSFER OF FUNDS)
made available for the current fiscal year for reorganization until such time as the Commit- For activities of the United States Trade Rep-
the National Science Foundation in this Act tees on Appropriations of the House of Rep- resentative authorized by section 611 of the
may be transferred between such appropria- resentatives and the Senate have been notified Trade Facilitation and Trade Enforcement Act
tions, but no such appropriation shall be in- of such proposals, in accordance with the re- of 2015 (19 U.S.C. 4405), including transfers,
creased by more than 10 percent by any such programming requirements of section 505 of this $15,000,000, to be derived from the Trade En-
transfers. Any transfer pursuant to this para- Act: Provided further, That the Chair may ac- forcement Trust Fund: Provided, That any
graph shall be treated as a reprogramming of cept and use any gift or donation to carry out transfer pursuant to subsection (d)(1) of such
funds under section 505 of this Act and shall not the work of the Commission. section shall be treated as a reprogramming
be available for obligation except in compliance INTERNATIONAL TRADE COMMISSION under section 505 of this Act.
with the procedures set forth in that section. STATE JUSTICE INSTITUTE
Of the amounts provided for ‘‘Research and SALARIES AND EXPENSES
SALARIES AND EXPENSES
Related Activities’’, up to $148,000,000 may be For necessary expenses of the International
transferred to ‘‘Education and Human Re- For necessary expenses of the State Justice In-
Trade Commission, including hire of passenger stitute, as authorized by the State Justice Insti-
sources’’ consistent with direction provided in motor vehicles and services as authorized by sec-
the explanatory statement described in section 4 tute Act of 1984 (42 U.S.C. 10701 et seq.)
tion 3109 of title 5, United States Code, and not $7,200,000, of which $500,000 shall remain avail-
(in the matter preceding division A of this con- to exceed $2,250 for official reception and rep-
solidated Act). The authority provided by this able until September 30, 2023: Provided, That
resentation expenses, $110,000,000, to remain not to exceed $2,250 shall be available for offi-
paragraph is in addition to the authority pro- available until expended.
vided by the first paragraph under this heading. cial reception and representation expenses: Pro-
The Director of the National Science Founda- LEGAL SERVICES CORPORATION vided further, That, for the purposes of section
tion (NSF) shall notify the Committees on Ap- 505 of this Act, the State Justice Institute shall
PAYMENT TO THE LEGAL SERVICES CORPORATION be considered an agency of the United States
propriations of the House of Representatives
and the Senate at least 30 days in advance of For payment to the Legal Services Corpora- Government.
any planned divestment through transfer, de- tion to carry out the purposes of the Legal Serv- COMMISSION ON THE STATE OF U.S. OLYMPICS
commissioning, termination, or deconstruction ices Corporation Act of 1974, $489,000,000, of AND PARALYMPICS
of any NSF-owned facilities or any NSF capital which $448,750,000 is for basic field programs SALARIES AND EXPENSES
assets (including land, structures, and equip- and required independent audits; $5,500,000 is For necessary expenses of the Commission on
ment) valued greater than $2,500,000. for the Office of Inspector General, of which the State of U.S. Olympics and Paralympics, as
This title may be cited as the ‘‘Science Appro- such amounts as may be necessary may be used authorized by section 11 of the Empowering
priations Act, 2022’’. to conduct additional audits of recipients; Olympic, Paralympic, and Amateur Athletes Act
TITLE IV $23,500,000 is for management and grants over- of 2020 (Public Law 116–189), $2,000,000, to re-
sight; $4,500,000 is for client self-help and infor- main available until September 30, 2023.
RELATED AGENCIES mation technology; $4,750,000 is for a Pro Bono
COMMISSION ON CIVIL RIGHTS TITLE V
Innovation Fund; and $2,000,000 is for loan re-
SALARIES AND EXPENSES payment assistance: Provided, That the Legal GENERAL PROVISIONS
For necessary expenses of the Commission on Services Corporation may continue to provide (INCLUDING RESCISSIONS)
Civil Rights, including hire of passenger motor locality pay to officers and employees at a rate (INCLUDING TRANSFER OF FUNDS)
vehicles, $13,000,000: Provided, That none of the no greater than that provided by the Federal SEC. 501. No part of any appropriation con-
funds appropriated in this paragraph may be Government to Washington, DC-based employ- tained in this Act shall be used for publicity or
used to employ any individuals under Schedule ees as authorized by section 5304 of title 5, propaganda purposes not authorized by the
C of subpart C of part 213 of title 5 of the Code United States Code, notwithstanding section Congress.
of Federal Regulations exclusive of one special 1005(d) of the Legal Services Corporation Act (42 SEC. 502. No part of any appropriation con-
assistant for each Commissioner: Provided fur- U.S.C. 2996d(d)): Provided further, That the au- tained in this Act shall remain available for ob-
ther, That none of the funds appropriated in thorities provided in section 205 of this Act shall ligation beyond the current fiscal year unless
this paragraph shall be used to reimburse Com- be applicable to the Legal Services Corporation: expressly so provided herein.
missioners for more than 75 billable days, with Provided further, That, for the purposes of sec- SEC. 503. The expenditure of any appropria-
the exception of the chairperson, who is per- tion 505 of this Act, the Legal Services Corpora- tion under this Act for any consulting service
mitted 125 billable days: Provided further, That tion shall be considered an agency of the United through procurement contract, pursuant to sec-
the Chair may accept and use any gift or dona- States Government. tion 3109 of title 5, United States Code, shall be
tion to carry out the work of the Commission: ADMINISTRATIVE PROVISION—LEGAL SERVICES limited to those contracts where such expendi-
Provided further, That none of the funds appro- CORPORATION tures are a matter of public record and available
priated in this paragraph shall be used for any for public inspection, except where otherwise
activity or expense that is not explicitly author- None of the funds appropriated in this Act to provided under existing law, or under existing
ized by section 3 of the Civil Rights Commission the Legal Services Corporation shall be ex- Executive order issued pursuant to existing law.
Act of 1983 (42 U.S.C. 1975a): Provided further, pended for any purpose prohibited or limited by, SEC. 504. If any provision of this Act or the
That notwithstanding the preceding proviso, or contrary to any of the provisions of, sections application of such provision to any person or
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$1,000,000 shall be used to separately fund the 501, 502, 503, 504, 505, and 506 of Public Law circumstances shall be held invalid, the remain-
Commission on the Social Status of Black Men 105–119, and all funds appropriated in this Act der of the Act and the application of each provi-
and Boys. to the Legal Services Corporation shall be sub- sion to persons or circumstances other than
ject to the same terms and conditions set forth those as to which it is held invalid shall not be
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
in such sections, except that all references in affected thereby.
SALARIES AND EXPENSES sections 502 and 503 to 1997 and 1998 shall be SEC. 505. None of the funds provided under
For necessary expenses of the Equal Employ- deemed to refer instead to 2021 and 2022, respec- this Act, or provided under previous appropria-
ment Opportunity Commission as authorized by tively. tions Acts to the agencies funded by this Act
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1453
that remain available for obligation or expendi- programming of funds under section 505 of this after the date on which the Director of the Of-
ture in fiscal year 2022, or provided from any ac- Act and shall not be available for obligation or fice of Management and Budget, in consultation
counts in the Treasury of the United States de- expenditure except in compliance with the pro- with the Director of the Office of Government
rived by the collection of fees available to the cedures set forth in that section: Provided fur- Ethics, determines that a uniform set of rules
agencies funded by this Act, shall be available ther, That for the Department of Commerce, this and requirements, substantially similar to the
for obligation or expenditure through a re- section shall also apply to actions taken for the requirements in such subsections, consistently
programming of funds that: (1) creates or initi- care and protection of loan collateral or grant apply under the executive branch ethics pro-
ates a new program, project, or activity; (2) property. gram to all Federal departments, agencies, and
eliminates a program, project, or activity; (3) in- SEC. 509. None of the funds provided by this entities.
creases funds or personnel by any means for Act shall be available to promote the sale or ex- SEC. 514. (a) None of the funds appropriated
any project or activity for which funds have port of tobacco or tobacco products, or to seek or otherwise made available under this Act may
been denied or restricted; (4) relocates an office the reduction or removal by any foreign country be used by the Departments of Commerce and
or employees; (5) reorganizes or renames offices, of restrictions on the marketing of tobacco or to- Justice, the National Aeronautics and Space Ad-
programs, or activities; (6) contracts out or bacco products, except for restrictions which are ministration, or the National Science Founda-
privatizes any functions or activities presently not applied equally to all tobacco or tobacco tion to acquire a high-impact or moderate-im-
performed by Federal employees; (7) augments products of the same type. pact information system, as defined for security
existing programs, projects, or activities in ex- SEC. 510. Notwithstanding any other provision categorization in the National Institute of
cess of $500,000 or 10 percent, whichever is less, of law, amounts deposited or available in the Standards and Technology’s (NIST) Federal In-
or reduces by 10 percent funding for any pro- Fund established by section 1402 of chapter XIV formation Processing Standard Publication 199,
gram, project, or activity, or numbers of per- of title II of Public Law 98–473 (34 U.S.C. 20101) ‘‘Standards for Security Categorization of Fed-
sonnel by 10 percent; or (8) results from any in any fiscal year in excess of $2,600,000,000 eral Information and Information Systems’’ un-
general savings, including savings from a reduc- shall not be available for obligation until the less the agency has—
tion in personnel, which would result in a following fiscal year: Provided, That notwith- (1) reviewed the supply chain risk for the in-
change in existing programs, projects, or activi- standing section 1402(d) of such Act, of the formation systems against criteria developed by
ties as approved by Congress; unless the House amounts available from the Fund for obligation: NIST and the Federal Bureau of Investigation
(1) $10,000,000 shall be transferred to the De- (FBI) to inform acquisition decisions for high-
and Senate Committees on Appropriations are
partment of Justice Office of Inspector General impact and moderate-impact information sys-
notified 15 days in advance of such reprogram-
and remain available until expended for over- tems within the Federal Government;
ming of funds. (2) reviewed the supply chain risk from the
SEC. 506. (a) If it has been finally determined sight and auditing purposes associated with this
section; and (2) 5 percent shall be available to presumptive awardee against available and rel-
by a court or Federal agency that any person
the Office for Victims of Crime for grants, con- evant threat information provided by the FBI
intentionally affixed a label bearing a ‘‘Made in
sistent with the requirements of the Victims of and other appropriate agencies; and
America’’ inscription, or any inscription with (3) in consultation with the FBI or other ap-
the same meaning, to any product sold in or Crime Act, to Indian Tribes to improve services
for victims of crime. propriate Federal entity, conducted an assess-
shipped to the United States that is not made in ment of any risk of cyber-espionage or sabotage
SEC. 511. None of the funds made available to
the United States, the person shall be ineligible associated with the acquisition of such system,
the Department of Justice in this Act may be
to receive any contract or subcontract made used to discriminate against or denigrate the re- including any risk associated with such system
with funds made available in this Act, pursuant ligious or moral beliefs of students who partici- being produced, manufactured, or assembled by
to the debarment, suspension, and ineligibility pate in programs for which financial assistance one or more entities identified by the United
procedures described in sections 9.400 through is provided from those funds, or of the parents States Government as posing a cyber threat, in-
9.409 of title 48, Code of Federal Regulations. or legal guardians of such students. cluding but not limited to, those that may be
(b)(1) To the extent practicable, with respect SEC. 512. None of the funds made available in owned, directed, or subsidized by the People’s
to authorized purchases of promotional items, this Act may be transferred to any department, Republic of China, the Islamic Republic of Iran,
funds made available by this Act shall be used agency, or instrumentality of the United States the Democratic People’s Republic of Korea, or
to purchase items that are manufactured, pro- Government, except pursuant to a transfer made the Russian Federation.
duced, or assembled in the United States, its ter- by, or transfer authority provided in, this Act or (b) None of the funds appropriated or other-
ritories or possessions. any other appropriations Act. wise made available under this Act may be used
(2) The term ‘‘promotional items’’ has the SEC. 513. (a) The Inspectors General of the De- to acquire a high-impact or moderate-impact in-
meaning given the term in OMB Circular A–87, partment of Commerce, the Department of Jus- formation system reviewed and assessed under
Attachment B, Item (1)(f)(3). tice, the National Aeronautics and Space Ad-
SEC. 507. (a) The Departments of Commerce subsection (a) unless the head of the assessing
ministration, the National Science Foundation, entity described in subsection (a) has—
and Justice, the National Science Foundation, and the Legal Services Corporation shall con- (1) developed, in consultation with NIST, the
and the National Aeronautics and Space Ad- duct audits, pursuant to the Inspector General FBI, and supply chain risk management ex-
ministration shall provide to the Committees on Act (5 U.S.C. App.), of grants or contracts for perts, a mitigation strategy for any identified
Appropriations of the House of Representatives which funds are appropriated by this Act, and risks;
and the Senate a quarterly report on the status shall submit reports to Congress on the progress (2) determined, in consultation with NIST and
of balances of appropriations at the account of such audits, which may include preliminary the FBI, that the acquisition of such system is
level. For unobligated, uncommitted balances findings and a description of areas of particular in the national interest of the United States;
and unobligated, committed balances the quar- interest, within 180 days after initiating such an and
terly reports shall separately identify the audit and every 180 days thereafter until any (3) reported that determination to the Commit-
amounts attributable to each source year of ap- such audit is completed. tees on Appropriations of the House of Rep-
propriation from which the balances were de- (b) Within 60 days after the date on which an resentatives and the Senate and the agency In-
rived. For balances that are obligated, but unex- audit described in subsection (a) by an Inspector spector General.
pended, the quarterly reports shall separately General is completed, the Secretary, Attorney SEC. 515. None of the funds made available in
identify amounts by the year of obligation. General, Administrator, Director, or President, this Act shall be used in any way whatsoever to
(b) The report described in subsection (a) shall as appropriate, shall make the results of the support or justify the use of torture by any offi-
be submitted within 30 days of the end of each audit available to the public on the Internet cial or contract employee of the United States
quarter. website maintained by the Department, Admin- Government.
(c) If a department or agency is unable to ful- istration, Foundation, or Corporation, respec- SEC. 516. None of the funds made available in
fill any aspect of a reporting requirement de- tively. The results shall be made available in re- this Act may be used to include in any new bi-
scribed in subsection (a) due to a limitation of a dacted form to exclude— lateral or multilateral trade agreement the text
current accounting system, the department or (1) any matter described in section 552(b) of of—
agency shall fulfill such aspect to the maximum title 5, United States Code; and (1) paragraph 2 of article 16.7 of the United
extent practicable under such accounting system (2) sensitive personal information for any in- States–Singapore Free Trade Agreement;
and shall identify and describe in each quar- dividual, the public access to which could be (2) paragraph 4 of article 17.9 of the United
terly report the extent to which such aspect is used to commit identity theft or for other inap- States–Australia Free Trade Agreement; or
not fulfilled. propriate or unlawful purposes. (3) paragraph 4 of article 15.9 of the United
SEC. 508. Any costs incurred by a department (c) Any person awarded a grant or contract States–Morocco Free Trade Agreement.
or agency funded under this Act resulting from, funded by amounts appropriated by this Act SEC. 517. None of the funds made available in
or to prevent, personnel actions taken in re- shall submit a statement to the Secretary of this Act may be used to authorize or issue a na-
sponse to funding reductions included in this Commerce, the Attorney General, the Adminis- tional security letter in contravention of any of
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Act shall be absorbed within the total budgetary trator, Director, or President, as appropriate, the following laws authorizing the Federal Bu-
resources available to such department or agen- certifying that no funds derived from the grant reau of Investigation to issue national security
cy: Provided, That the authority to transfer or contract will be made available through a letters: The Right to Financial Privacy Act of
funds between appropriations accounts as may subcontract or in any other manner to another 1978; The Electronic Communications Privacy
be necessary to carry out this section is provided person who has a financial interest in the per- Act of 1986; The Fair Credit Reporting Act; The
in addition to authorities included elsewhere in son awarded the grant or contract. National Security Act of 1947; USA PATRIOT
this Act: Provided further, That use of funds to (d) The provisions of the preceding sub- Act; USA FREEDOM Act of 2015; and the laws
carry out this section shall be treated as a re- sections of this section shall take effect 30 days amended by these Acts.
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H1454 CONGRESSIONAL RECORD — HOUSE March 9, 2022
SEC. 518. If at any time during any quarter, are hereby permanently rescinded, not later (c) The limitations described in subsections (a)
the program manager of a project within the ju- than September 30, 2022, from the following ac- and (b) shall not apply to activities which
risdiction of the Departments of Commerce or counts in the specified amounts— NASA, OSTP, or NSC, after consultation with
Justice, the National Aeronautics and Space Ad- (1) ‘‘Working Capital Fund’’, $234,839,000; and the Federal Bureau of Investigation, have cer-
ministration, or the National Science Founda- (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, tified—
tion totaling more than $75,000,000 has reason- $127,000,000. (1) pose no risk of resulting in the transfer of
able cause to believe that the total program cost (d) The Departments of Commerce and Justice technology, data, or other information with na-
has increased by 10 percent or more, the pro- shall submit to the Committees on Appropria- tional security or economic security implications
gram manager shall immediately inform the re- tions of the House of Representatives and the to China or a Chinese-owned company; and
spective Secretary, Administrator, or Director. Senate a report no later than September 1, 2022, (2) will not involve knowing interactions with
The Secretary, Administrator, or Director shall specifying the amount of each rescission made officials who have been determined by the
notify the House and Senate Committees on Ap- pursuant to subsections (a), (b), and (c). United States to have direct involvement with
propriations within 30 days in writing of such (e) The amounts rescinded in subsections (a) violations of human rights.
increase, and shall include in such notice: the and (b) shall not be from amounts that were (d) Any certification made under subsection
date on which such determination was made; a designated by the Congress as an emergency or (c) shall be submitted to the Committees on Ap-
statement of the reasons for such increases; the disaster relief requirement pursuant to the con- propriations of the House of Representatives
action taken and proposed to be taken to control current resolution on the budget or the Bal- and the Senate, and the Federal Bureau of In-
future cost growth of the project; changes made anced Budget and Emergency Deficit Control vestigation, no later than 30 days prior to the
in the performance or schedule milestones and Act of 1985. activity in question and shall include a descrip-
the degree to which such changes have contrib- SEC. 522. None of the funds made available in tion of the purpose of the activity, its agenda,
uted to the increase in total program costs or this Act may be used to purchase first class or its major participants, and its location and tim-
procurement costs; new estimates of the total premium airline travel in contravention of sec- ing.
project or procurement costs; and a statement tions 301–10.122 through 301–10.124 of title 41 of SEC. 527. (a) None of the funds made available
validating that the project’s management struc- the Code of Federal Regulations. in this Act may be used to maintain or establish
ture is adequate to control total project or pro- SEC. 523. None of the funds made available in a computer network unless such network blocks
curement costs. this Act may be used to send or otherwise pay the viewing, downloading, and exchanging of
SEC. 519. Funds appropriated by this Act, or for the attendance of more than 50 employees pornography.
made available by the transfer of funds in this from a Federal department or agency, who are (b) Nothing in subsection (a) shall limit the
Act, for intelligence or intelligence related ac- stationed in the United States, at any single use of funds necessary for any Federal, State,
tivities are deemed to be specifically authorized conference occurring outside the United States Tribal, or local law enforcement agency or any
by the Congress for purposes of section 504 of unless— other entity carrying out criminal investiga-
the National Security Act of 1947 (50 U.S.C. (1) such conference is a law enforcement tions, prosecution, adjudication, or other law
3094) during fiscal year 2022 until the enactment training or operational conference for law en- enforcement- or victim assistance-related activ-
of the Intelligence Authorization Act for fiscal forcement personnel and the majority of Federal ity.
year 2022. employees in attendance are law enforcement SEC. 528. The Departments of Commerce and
SEC. 520. None of the funds appropriated or personnel stationed outside the United States; or Justice, the National Aeronautics and Space Ad-
otherwise made available by this Act may be (2) such conference is a scientific conference ministration, the National Science Foundation,
used to enter into a contract in an amount and the department or agency head determines the Commission on Civil Rights, the Equal Em-
greater than $5,000,000 or to award a grant in that such attendance is in the national interest ployment Opportunity Commission, the Inter-
excess of such amount unless the prospective and notifies the Committees on Appropriations national Trade Commission, the Legal Services
contractor or grantee certifies in writing to the of the House of Representatives and the Senate Corporation, the Marine Mammal Commission,
agency awarding the contract or grant that, to within at least 15 days of that determination the Offices of Science and Technology Policy
the best of its knowledge and belief, the con- and the basis for that determination. and the United States Trade Representative, the
tractor or grantee has filed all Federal tax re- SEC. 524. The Director of the Office of Man- National Space Council, and the State Justice
turns required during the three years preceding agement and Budget shall instruct any depart- Institute shall submit spending plans, signed by
the certification, has not been convicted of a ment, agency, or instrumentality of the United the respective department or agency head, to the
criminal offense under the Internal Revenue States receiving funds appropriated under this Committees on Appropriations of the House of
Code of 1986, and has not, more than 90 days Act to track undisbursed balances in expired Representatives and the Senate not later than
prior to certification, been notified of any un- grant accounts and include in its annual per- 45 days after the date of enactment of this Act.
formance plan and performance and account- SEC. 529. Notwithstanding any other provision
paid Federal tax assessment for which the liabil-
ability reports the following: of this Act, none of the funds appropriated or
ity remains unsatisfied, unless the assessment is
(1) Details on future action the department, otherwise made available by this Act may be
the subject of an installment agreement or offer
agency, or instrumentality will take to resolve used to pay award or incentive fees for con-
in compromise that has been approved by the
undisbursed balances in expired grant accounts. tractor performance that has been judged to be
Internal Revenue Service and is not in default,
(2) The method that the department, agency, below satisfactory performance or for perform-
or the assessment is the subject of a non-frivo-
or instrumentality uses to track undisbursed ance that does not meet the basic requirements
lous administrative or judicial proceeding.
balances in expired grant accounts. of a contract.
(RESCISSIONS) (3) Identification of undisbursed balances in SEC. 530. None of the funds made available by
SEC. 521. (a) Of the unobligated balances from expired grant accounts that may be returned to this Act may be used in contravention of section
prior year appropriations available to the De- the Treasury of the United States. 7606 (‘‘Legitimacy of Industrial Hemp Re-
partment of Commerce, the following funds are (4) In the preceding 3 fiscal years, details on search’’) of the Agricultural Act of 2014 (Public
hereby permanently rescinded, not later than the total number of expired grant accounts with Law 113–79) by the Department of Justice or the
September 30, 2022, from the following accounts undisbursed balances (on the first day of each Drug Enforcement Administration.
in the specified amounts— fiscal year) for the department, agency, or in- SEC. 531. None of the funds made available
(1) ‘‘Economic Development Administration, strumentality and the total finances that have under this Act to the Department of Justice may
Economic Development Assistance Programs’’, not been obligated to a specific project remain- be used, with respect to any of the States of Ala-
$15,000,000; and ing in the accounts. bama, Alaska, Arizona, Arkansas, California,
(2) ‘‘National Oceanic and Atmospheric Ad- SEC. 525. To the extent practicable, funds Colorado, Connecticut, Delaware, Florida, Geor-
ministration, Operations, Research, and Facili- made available in this Act should be used to gia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
ties’’, $10,000,000. purchase light bulbs that are ‘‘Energy Star’’ Louisiana, Maine, Maryland, Massachusetts,
(b) Of the unobligated balances from prior qualified or have the ‘‘Federal Energy Manage- Michigan, Minnesota, Mississippi, Missouri,
year appropriations available to the Department ment Program’’ designation. Montana, Nevada, New Hampshire, New Jersey,
of Justice, the following funds are hereby per- SEC. 526. (a) None of the funds made available New Mexico, New York, North Carolina, North
manently rescinded, not later than September by this Act may be used for the National Aero- Dakota, Ohio, Oklahoma, Oregon, Pennsyl-
30, 2022, from the following accounts in the nautics and Space Administration (NASA), the vania, Rhode Island, South Carolina, South Da-
specified amounts— Office of Science and Technology Policy kota, Tennessee, Texas, Utah, Vermont, Vir-
(1) ‘‘State and Local Law Enforcement Activi- (OSTP), or the National Space Council (NSC) to ginia, Washington, West Virginia, Wisconsin,
ties, Office on Violence Against Women, Vio- develop, design, plan, promulgate, implement, or and Wyoming, or with respect to the District of
lence Against Women Prevention and Prosecu- execute a bilateral policy, program, order, or Columbia, the Commonwealth of the Northern
tion Programs’’, $15,000,000; contract of any kind to participate, collaborate, Mariana Islands, the United States Virgin Is-
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(2) ‘‘State and Local Law Enforcement Activi- or coordinate bilaterally in any way with China lands, Guam, or Puerto Rico, to prevent any of
ties, Office of Justice Programs’’, $100,000,000; or any Chinese-owned company unless such ac- them from implementing their own laws that au-
and tivities are specifically authorized by a law en- thorize the use, distribution, possession, or cul-
(3) ‘‘State and Local Law Enforcement Activi- acted after the date of enactment of this Act. tivation of medical marijuana.
ties, Community Oriented Policing Services’’, (b) None of the funds made available by this SEC. 532. The Department of Commerce, the
$15,000,000. Act may be used to effectuate the hosting of of- National Aeronautics and Space Administra-
(c) Of the unobligated balances available to ficial Chinese visitors at facilities belonging to tion, and the National Science Foundation shall
the Department of Justice, the following funds or utilized by NASA. provide a quarterly report to the Committees on
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1455
Appropriations of the House of Representatives out a license of any unclassified articles speci- Public Law 117–58 is amended by striking ‘‘for
and the Senate on any official travel to China fied in subsection (a) to Canada for end use in grants for the Tribal Broadband Connectivity
by any employee of such Department or agency, Canada or return to the United States, or tem- Program, as authorized under section 905(c) of
including the purpose of such travel. porary import of Canadian-origin items from division N of the Consolidated Appropriations
SEC. 533. Of the amounts made available by Canada for end use in the United States or re- Act, 2021 (Public Law 116–260), as amended by
this Act, not less than 10 percent of each total turn to Canada for a Canadian citizen. section 60201 of division F this Act’’ and insert-
amount provided, respectively, for Public Works (d) The President may require export licenses ing ‘‘for purposes of the Tribal Broadband
grants authorized by the Public Works and Eco- under this section on a temporary basis if the Connectivity Program, as authorized under sec-
nomic Development Act of 1965 and grants au- President determines, upon publication first in tion 905(c) of division N of the Consolidated Ap-
thorized by section 27 of the Stevenson-Wydler the Federal Register, that the Government of propriations Act, 2021 (Public Law 116–260), as
Technology Innovation Act of 1980 (15 U.S.C. Canada has implemented or maintained inad- amended by section 60201 of division F of this
3722) shall be allocated for assistance in per- equate import controls for the articles specified Act, of which up to two percent shall be for ad-
sistent poverty counties: Provided, That for pur- in subsection (a), such that a significant diver- ministrative costs’’: Provided, That amounts
poses of this section, the term ‘‘persistent pov- sion of such articles has and continues to take repurposed pursuant to this section that were
erty counties’’ means any county that has had place for use in international terrorism or in the previously designated by the Congress as an
20 percent or more of its population living in escalation of a conflict in another nation. The emergency requirement pursuant to section
poverty over the past 30 years, as measured by President shall terminate the requirements of a 4112(a) of H. Con. Res. 71 (115th Congress), the
the 1993 Small Area Income and Poverty Esti- license when reasons for the temporary require- concurrent resolution on the budget for fiscal
mates, the 2000 decennial census, and the most ments have ceased. year 2018, and to section 251(b) of the Balanced
recent Small Area Income and Poverty Esti- SEC. 536. Notwithstanding any other provision Budget and Emergency Deficit Control Act of
mates, or any Territory or possession of the of law, no department, agency, or instrumen- 1985 are designated by the Congress as an emer-
United States. tality of the United States receiving appro- gency requirement pursuant to section 4001(a)(1)
SEC. 534. (a) Not later than 180 days after the priated funds under this Act or any other Act and section 4001(b) of S. Con. Res. 14 (117th
date of enactment of this Act, the Director of shall obligate or expend in any way such funds Congress), the concurrent resolution on the
the Federal Bureau of Investigation shall work to pay administrative expenses or the compensa- budget for fiscal year 2022.
with the Administrator of the General Services tion of any officer or employee of the United SEC. 542. The matter preceding the first pro-
Administration to transmit to the Committees on States to deny any application submitted pursu- viso under the heading ‘‘Department of Com-
Appropriations of the House of Representatives ant to 22 U.S.C. 2778(b)(1)(B) and qualified pur- merce—National Telecommunications and Infor-
and the Senate, the Committee on Transpor- suant to 27 CFR section 478.112 or .113, for a mation Administration—Middle Mile Deploy-
tation and Infrastructure of the House of Rep- permit to import United States origin ‘‘curios or ment’’ in title II of division J of Public Law 117–
resentatives, and the Committee on Environment relics’’ firearms, parts, or ammunition. 58 is amended by striking ‘‘to remain available
and Public Works of the Senate, a report on the SEC. 537. None of the funds made available by September’’ and inserting ‘‘to remain available
construction of a new headquarters for the Fed- this Act may be used to pay the salaries or ex- until September’’: Provided, That amounts
eral Bureau of Investigation in the National penses of personnel to deny, or fail to act on, an repurposed pursuant to this section that were
Capital Region. application for the importation of any model of previously designated by the Congress as an
(b) The report transmitted under subsection shotgun if— emergency requirement pursuant to section
(a) shall be consistent with the requirements of (1) all other requirements of law with respect 4112(a) of H. Con. Res. 71 (115th Congress), the
section 3307(b) of title 40, United States Code, to the proposed importation are met; and concurrent resolution on the budget for fiscal
and include a summary of the material provi- (2) no application for the importation of such year 2018, and to section 251(b) of the Balanced
sions of the construction and full consolidation model of shotgun, in the same configuration, Budget and Emergency Deficit Control Act of
of the Federal Bureau of Investigation in a new had been denied by the Attorney General prior 1985 are designated by the Congress as an emer-
headquarters facility, including all the costs as- to January 1, 2011, on the basis that the shot- gency requirement pursuant to section 4001(a)(1)
sociated with site acquisition, design, manage- gun was not particularly suitable for or readily and section 4001(b) of S. Con. Res. 14 (117th
ment, and inspection, and a description of all adaptable to sporting purposes. Congress), the concurrent resolution on the
buildings and infrastructure needed to complete SEC. 538. None of the funds made available by budget for fiscal year 2022.
the project. this Act may be obligated or expended to imple- SEC. 543. Paragraph (14) under the heading
SEC. 535. (a) Notwithstanding any other provi- ment the Arms Trade Treaty until the Senate ‘‘Department of Commerce—National Oceanic
sion of law or treaty, none of the funds appro- approves a resolution of ratification for the and Atmospheric Administration—Operations,
priated or otherwise made available under this Treaty. Research, and Facilities’’ in title II of division J
Act or any other Act may be expended or obli- SEC. 539. None of the funds appropriated or of Public Law 117–58 is amended by striking ‘‘an
gated by a department, agency, or instrumen- otherwise made available in this or any other institution of higher education, non-profit, com-
tality of the United States to pay administrative Act may be used to transfer, release, or assist in mercial (for profit) organizations, U.S. terri-
expenses or to compensate an officer or em- the transfer or release to or within the United tories, and state or local governments’’ and in-
ployee of the United States in connection with States, its territories, or possessions Khalid serting ‘‘institutions of higher education, non-
requiring an export license for the export to Sheikh Mohammed or any other detainee who— profit or commercial (for profit) organizations,
Canada of components, parts, accessories or at- (1) is not a United States citizen or a member U.S. territories, or state or local governments’’:
tachments for firearms listed in Category I, sec- of the Armed Forces of the United States; and Provided, That amounts repurposed pursuant to
tion 121.1 of title 22, Code of Federal Regula- (2) is or was held on or after June 24, 2009, at this section that were previously designated by
tions (International Trafficking in Arms Regu- the United States Naval Station, Guantanamo the Congress as an emergency requirement pur-
lations (ITAR), part 121, as it existed on April 1, Bay, Cuba, by the Department of Defense. suant to section 4112(a) of H. Con. Res. 71 (115th
2005) with a total value not exceeding $500 SEC. 540. (a) None of the funds appropriated Congress), the concurrent resolution on the
wholesale in any transaction, provided that the or otherwise made available in this or any other budget for fiscal year 2018, and to section 251(b)
conditions of subsection (b) of this section are Act may be used to construct, acquire, or modify of the Balanced Budget and Emergency Deficit
met by the exporting party for such articles. any facility in the United States, its territories, Control Act of 1985 are designated by the Con-
(b) The foregoing exemption from obtaining or possessions to house any individual described gress as an emergency requirement pursuant to
an export license— in subsection (c) for the purposes of detention or section 4001(a)(1) and section 4001(b) of S. Con.
(1) does not exempt an exporter from filing imprisonment in the custody or under the effec- Res. 14 (117th Congress), the concurrent resolu-
any Shipper’s Export Declaration or notification tive control of the Department of Defense. tion on the budget for fiscal year 2022.
letter required by law, or from being otherwise (b) The prohibition in subsection (a) shall not SEC. 544. Funds made available to the Depart-
eligible under the laws of the United States to apply to any modification of facilities at United ment of Commerce and under the heading ‘‘De-
possess, ship, transport, or export the articles States Naval Station, Guantanamo Bay, Cuba. partment of Justice—Federal Bureau of Inves-
enumerated in subsection (a); and (c) An individual described in this subsection tigation—Salaries and Expenses’’ in this Act
(2) does not permit the export without a li- is any individual who, as of June 24, 2009, is lo- and any remaining unobligated balances of
cense of— cated at United States Naval Station, Guanta- funds made available to the Department of Com-
(A) fully automatic firearms and components namo Bay, Cuba, and who— merce and under the heading ‘‘Department of
and parts for such firearms, other than for end (1) is not a citizen of the United States or a Justice—Federal Bureau of Investigation—Sala-
use by the Federal Government, or a Provincial member of the Armed Forces of the United ries and Expenses’’ in prior year Acts, other
or Municipal Government of Canada; States; and than amounts designated by the Congress as
(B) barrels, cylinders, receivers (frames) or (2) is— being for an emergency requirement pursuant to
complete breech mechanisms for any firearm (A) in the custody or under the effective con- a concurrent resolution on the budget or the
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listed in Category I, other than for end use by trol of the Department of Defense; or Balanced Budget and Emergency Deficit Con-
the Federal Government, or a Provincial or Mu- (B) otherwise under detention at United trol Act of 1985, shall be available to provide
nicipal Government of Canada; or States Naval Station, Guantanamo Bay, Cuba. payments pursuant to section 901(i)(2) of title IX
(C) articles for export from Canada to another SEC. 541. The matter preceding the first pro- of division J of the Further Consolidated Appro-
foreign destination. viso under the heading ‘‘Department of Com- priations Act, 2020 (22 U.S.C. 2680b(i)(2)): Pro-
(c) In accordance with this section, the Dis- merce—National Telecommunications and Infor- vided, That payments made pursuant to the
trict Directors of Customs and postmasters shall mation Administration—Broadband matter preceding this proviso may not exceed
permit the permanent or temporary export with- Connectivity Fund’’ in title II of division J of $2,000,000 for the Department of Commerce and
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H1456 CONGRESSIONAL RECORD — HOUSE March 9, 2022
$5,000,000 for the Federal Bureau of Investiga- sonnel of the Navy Reserve on active duty under ments may be made upon his certificate of neces-
tion. section 10211 of title 10, United States Code, or sity for confidential military purposes.
This division may be cited as the ‘‘Commerce, while serving on active duty under section OPERATION AND MAINTENANCE, NAVY
Justice, Science, and Related Agencies Appro- 12301(d) of title 10, United States Code, in con-
priations Act, 2022’’. nection with performing duty specified in sec- For expenses, not otherwise provided for, nec-
tion 12310(a) of title 10, United States Code, or essary for the operation and maintenance of the
DIVISION C—DEPARTMENT OF DEFENSE
while undergoing reserve training, or while per- Navy and the Marine Corps, as authorized by
APPROPRIATIONS ACT, 2022
forming drills or equivalent duty, and expenses law, $62,480,035,000: Provided, That not to ex-
TITLE I ceed $15,055,000 may be used for emergencies
MILITARY PERSONNEL authorized by section 16131 of title 10, United
States Code; and for payments to the Depart- and extraordinary expenses, to be expended
MILITARY PERSONNEL, ARMY upon the approval or authority of the Secretary
ment of Defense Military Retirement Fund,
For pay, allowances, individual clothing, sub- $2,297,029,000. of the Navy, and payments may be made upon
sistence, interest on deposits, gratuities, perma- his certificate of necessity for confidential mili-
RESERVE PERSONNEL, MARINE CORPS tary purposes.
nent change of station travel (including all ex-
penses thereof for organizational movements), For pay, allowances, clothing, subsistence,
OPERATION AND MAINTENANCE, MARINE CORPS
and expenses of temporary duty travel between gratuities, travel, and related expenses for per-
sonnel of the Marine Corps Reserve on active For expenses, not otherwise provided for, nec-
permanent duty stations, for members of the
duty under section 10211 of title 10, United essary for the operation and maintenance of the
Army on active duty (except members of reserve
States Code, or while serving on active duty Marine Corps, as authorized by law,
components provided for elsewhere), cadets, and
under section 12301(d) of title 10, United States $9,185,430,000.
aviation cadets; for members of the Reserve Offi-
cers’ Training Corps; and for payments pursu- Code, in connection with performing duty speci- OPERATION AND MAINTENANCE, AIR FORCE
ant to section 156 of Public Law 97–377, as fied in section 12310(a) of title 10, United States For expenses, not otherwise provided for, nec-
amended (42 U.S.C. 402 note), and to the De- Code, or while undergoing reserve training, or essary for the operation and maintenance of the
partment of Defense Military Retirement Fund, while performing drills or equivalent duty, and Air Force, as authorized by law, $55,103,948,000:
$47,814,079,000. for members of the Marine Corps platoon leaders Provided, That not to exceed $7,699,000 may be
MILITARY PERSONNEL, NAVY class, and expenses authorized by section 16131 used for emergencies and extraordinary ex-
of title 10, United States Code; and for payments penses, to be expended upon the approval or au-
For pay, allowances, individual clothing, sub- to the Department of Defense Military Retire-
sistence, interest on deposits, gratuities, perma- thority of the Secretary of the Air Force, and
ment Fund, $802,619,000. payments may be made upon his certificate of
nent change of station travel (including all ex-
penses thereof for organizational movements), RESERVE PERSONNEL, AIR FORCE necessity for confidential military purposes.
and expenses of temporary duty travel between For pay, allowances, clothing, subsistence, OPERATION AND MAINTENANCE, SPACE FORCE
permanent duty stations, for members of the gratuities, travel, and related expenses for per-
sonnel of the Air Force Reserve on active duty For expenses, not otherwise provided for, nec-
Navy on active duty (except members of the Re- essary for the operation and maintenance of the
serve provided for elsewhere), midshipmen, and under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active Space Force, as authorized by law,
aviation cadets; for members of the Reserve Offi- $3,435,212,000.
cers’ Training Corps; and for payments pursu- duty under section 12301(d) of title 10, United
ant to section 156 of Public Law 97–377, as States Code, in connection with performing duty OPERATION AND MAINTENANCE, DEFENSE-WIDE
amended (42 U.S.C. 402 note), and to the De- specified in section 12310(a) of title 10, United (INCLUDING TRANSFER OF FUNDS)
partment of Defense Military Retirement Fund, States Code, or while undergoing reserve train-
For expenses, not otherwise provided for, nec-
$35,504,251,000. ing, or while performing drills or equivalent
essary for the operation and maintenance of ac-
MILITARY PERSONNEL, MARINE CORPS duty or other duty, and expenses authorized by
tivities and agencies of the Department of De-
section 16131 of title 10, United States Code; and
For pay, allowances, individual clothing, sub- fense (other than the military departments), as
for payments to the Department of Defense Mili-
sistence, interest on deposits, gratuities, perma- authorized by law, $45,864,202,000: Provided,
tary Retirement Fund, $2,371,001,000.
nent change of station travel (including all ex- That not more than $3,000,000 may be used for
penses thereof for organizational movements), NATIONAL GUARD PERSONNEL, ARMY the Combatant Commander Initiative Fund au-
and expenses of temporary duty travel between For pay, allowances, clothing, subsistence, thorized under section 166a of title 10, United
permanent duty stations, for members of the gratuities, travel, and related expenses for per- States Code: Provided further, That not to ex-
Marine Corps on active duty (except members of sonnel of the Army National Guard while on ceed $36,000,000 may be used for emergencies
the Reserve provided for elsewhere); and for duty under sections 10211, 10302, or 12402 of title and extraordinary expenses, to be expended
payments pursuant to section 156 of Public Law 10 or section 708 of title 32, United States Code, upon the approval or authority of the Secretary
97–377, as amended (42 U.S.C. 402 note), and to or while serving on duty under section 12301(d) of Defense, and payments may be made upon his
the Department of Defense Military Retirement of title 10 or section 502(f) of title 32, United certificate of necessity for confidential military
Fund, $14,572,400,000. States Code, in connection with performing duty purposes: Provided further, That of the funds
MILITARY PERSONNEL, AIR FORCE specified in section 12310(a) of title 10, United provided under this heading, not less than
States Code, or while undergoing training, or $50,000,000 shall be made available for the Pro-
For pay, allowances, individual clothing, sub-
while performing drills or equivalent duty or curement Technical Assistance Cooperative
sistence, interest on deposits, gratuities, perma-
other duty, and expenses authorized by section Agreement Program, of which not less than
nent change of station travel (including all ex-
16131 of title 10, United States Code; and for $4,500,000 shall be available for centers defined
penses thereof for organizational movements),
payments to the Department of Defense Military in 10 U.S.C. 2411(1)(D): Provided further, That
and expenses of temporary duty travel between
Retirement Fund, $9,017,728,000. none of the funds appropriated or otherwise
permanent duty stations, for members of the Air
Force on active duty (except members of reserve NATIONAL GUARD PERSONNEL, AIR FORCE made available by this Act may be used to plan
components provided for elsewhere), cadets, and For pay, allowances, clothing, subsistence, or implement the consolidation of a budget or
aviation cadets; for members of the Reserve Offi- gratuities, travel, and related expenses for per- appropriations liaison office of the Office of the
cers’ Training Corps; and for payments pursu- sonnel of the Air National Guard on duty under Secretary of Defense, the office of the Secretary
ant to section 156 of Public Law 97–377, as sections 10211, 10305, or 12402 of title 10 or sec- of a military department, or the service head-
amended (42 U.S.C. 402 note), and to the De- tion 708 of title 32, United States Code, or while quarters of one of the Armed Forces into a legis-
partment of Defense Military Retirement Fund, serving on duty under section 12301(d) of title 10 lative affairs or legislative liaison office: Pro-
$35,078,206,000. or section 502(f) of title 32, United States Code, vided further, That $72,000,000, to remain avail-
in connection with performing duty specified in able until expended, is available only for ex-
RESERVE PERSONNEL, ARMY
section 12310(a) of title 10, United States Code, penses relating to certain classified activities,
For pay, allowances, clothing, subsistence, and may be transferred as necessary by the Sec-
gratuities, travel, and related expenses for per- or while undergoing training, or while per-
forming drills or equivalent duty or other duty, retary of Defense to operation and maintenance
sonnel of the Army Reserve on active duty appropriations or research, development, test
under sections 10211, 10302, and 7038 of title 10, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the and evaluation appropriations, to be merged
United States Code, or while serving on active with and to be available for the same time pe-
duty under section 12301(d) of title 10, United Department of Defense Military Retirement
Fund, $4,764,443,000. riod as the appropriations to which transferred:
States Code, in connection with performing duty Provided further, That any ceiling on the in-
specified in section 12310(a) of title 10, United TITLE II
vestment item unit cost of items that may be
States Code, or while undergoing reserve train- OPERATION AND MAINTENANCE purchased with operation and maintenance
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ing, or while performing drills or equivalent OPERATION AND MAINTENANCE, ARMY funds shall not apply to the funds described in
duty or other duty, and expenses authorized by For expenses, not otherwise provided for, nec- the preceding proviso: Provided further, That of
section 16131 of title 10, United States Code; and essary for the operation and maintenance of the the funds provided under this heading,
for payments to the Department of Defense Mili- Army, as authorized by law, $55,016,103,000: $2,261,570,000, of which $1,299,386,000, to remain
tary Retirement Fund, $5,156,976,000. Provided, That not to exceed $12,478,000 may be available until September 30, 2023, shall be
RESERVE PERSONNEL, NAVY used for emergencies and extraordinary ex- available to provide support and assistance to
For pay, allowances, clothing, subsistence, penses, to be expended upon the approval or au- foreign security forces or other groups or indi-
gratuities, travel, and related expenses for per- thority of the Secretary of the Army, and pay- viduals to conduct, support or facilitate
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1457
counterterrorism, crisis response, or other De- gressional defense committees: Provided further, medical and hospital treatment and related ex-
partment of Defense security cooperation pro- That equipment procured using funds provided penses in non-Federal hospitals; maintenance,
grams: Provided further, That the Secretary of under this heading, or under the heading, ‘‘Iraq operation, and repairs to structures and facili-
Defense shall provide quarterly reports to the Train and Equip Fund’’ in prior Acts, and not ties; transportation of things, hire of passenger
Committees on Appropriations of the House of yet transferred to security forces, irregular motor vehicles; supplying and equipping the Air
Representatives and the Senate on the use and forces, or groups participating, or preparing to National Guard, as authorized by law; expenses
status of funds made available in this para- participate in activities to counter the Islamic for repair, modification, maintenance, and issue
graph: Provided further, That the transfer au- State of Iraq and Syria may be treated as stocks of supplies and equipment, including those fur-
thority provided under this heading is in addi- of the Department of Defense when determined nished from stocks under the control of agencies
tion to any other transfer authority provided by the Secretary to no longer be required for of the Department of Defense; travel expenses
elsewhere in this Act. transfer to such forces or groups and upon writ- (other than mileage) on the same basis as au-
COUNTER-ISIS TRAIN AND EQUIP FUND ten notification to the congressional defense thorized by law for Air National Guard per-
For the ‘‘Counter-Islamic State of Iraq and committees: Provided further, That the Sec- sonnel on active Federal duty, for Air National
Syria Train and Equip Fund’’, $500,000,000, to retary of Defense shall provide quarterly reports Guard commanders while inspecting units in
remain available until September 30, 2023: Pro- to the congressional defense committees on the compliance with National Guard Bureau regula-
vided, That such funds shall be available to the use of funds provided under this heading, in- tions when specifically authorized by the Chief,
Secretary of Defense in coordination with the cluding, but not limited to, the number of indi- National Guard Bureau, $6,786,420,000.
Secretary of State, to provide assistance, includ- viduals trained, the nature and scope of support UNITED STATES COURT OF APPEALS FOR THE
ing training; equipment; logistics support, sup- and sustainment provided to each group or indi- ARMED FORCES
plies, and services; stipends; infrastructure re- vidual, the area of operations for each group, For salaries and expenses necessary for the
pair and renovation; construction for facility and the contributions of other countries, groups, United States Court of Appeals for the Armed
fortification and humane treatment; and or individuals. Forces, $15,589,000, of which not to exceed
sustainment, to foreign security forces, irregular OPERATION AND MAINTENANCE, ARMY RESERVE $15,000 may be used for official representation
forces, groups, or individuals participating, or For expenses, not otherwise provided for, nec- purposes.
preparing to participate in activities to counter essary for the operation and maintenance, in- ENVIRONMENTAL RESTORATION, ARMY
the Islamic State of Iraq and Syria, and their cluding training, organization, and administra- (INCLUDING TRANSFER OF FUNDS)
affiliated or associated groups: Provided fur- tion, of the Army Reserve; repair of facilities
ther, That amounts made available under this and equipment; hire of passenger motor vehicles; For the Department of the Army, $299,008,000,
heading shall be available to provide assistance travel and transportation; care of the dead; re- to remain available until transferred: Provided,
only for activities in a country designated by cruiting; procurement of services, supplies, and That the Secretary of the Army shall, upon de-
the Secretary of Defense, in coordination with equipment; and communications, $3,032,255,000. termining that such funds are required for envi-
the Secretary of State, as having a security mis- ronmental restoration, reduction and recycling
OPERATION AND MAINTENANCE, NAVY RESERVE of hazardous waste, removal of unsafe buildings
sion to counter the Islamic State of Iraq and
For expenses, not otherwise provided for, nec- and debris of the Department of the Army, or
Syria, and following written notification to the
essary for the operation and maintenance, in- for similar purposes, transfer the funds made
congressional defense committees of such des-
cluding training, organization, and administra- available by this appropriation to other appro-
ignation: Provided further, That the Secretary
tion, of the Navy Reserve; repair of facilities priations made available to the Department of
of Defense shall ensure that prior to providing
and equipment; hire of passenger motor vehicles; the Army, to be merged with and to be available
assistance to elements of any forces or individ-
travel and transportation; care of the dead; re- for the same purposes and for the same time pe-
uals, such elements or individuals are appro-
cruiting; procurement of services, supplies, and riod as the appropriations to which transferred:
priately vetted, including at a minimum, assess-
equipment; and communications, $1,173,598,000. Provided further, That upon a determination
ing such elements for associations with terrorist
groups or groups associated with the Govern- OPERATION AND MAINTENANCE, MARINE CORPS that all or part of the funds transferred from
ment of Iran; and receiving commitments from RESERVE this appropriation are not necessary for the pur-
such elements to promote respect for human For expenses, not otherwise provided for, nec- poses provided herein, such amounts may be
rights and the rule of law: Provided further, essary for the operation and maintenance, in- transferred back to this appropriation: Provided
That the Secretary of Defense shall, not fewer cluding training, organization, and administra- further, That the transfer authority provided
than 15 days prior to obligating from this appro- tion, of the Marine Corps Reserve; repair of fa- under this heading is in addition to any other
priation account, notify the congressional de- cilities and equipment; hire of passenger motor transfer authority provided elsewhere in this
fense committees in writing of the details of any vehicles; travel and transportation; care of the Act.
such obligation: Provided further, That the Sec- dead; recruiting; procurement of services, sup- ENVIRONMENTAL RESTORATION, NAVY
retary of Defense may accept and retain con- plies, and equipment; and communications, (INCLUDING TRANSFER OF FUNDS)
tributions, including assistance in-kind, from $294,860,000.
For the Department of the Navy, $390,113,000,
foreign governments, including the Government OPERATION AND MAINTENANCE, AIR FORCE to remain available until transferred: Provided,
of Iraq and other entities, to carry out assist- RESERVE That the Secretary of the Navy shall, upon de-
ance authorized under this heading: Provided For expenses, not otherwise provided for, nec- termining that such funds are required for envi-
further, That contributions of funds for the pur- essary for the operation and maintenance, in- ronmental restoration, reduction and recycling
poses provided herein from any foreign govern- cluding training, organization, and administra- of hazardous waste, removal of unsafe buildings
ment or other entity may be credited to this tion, of the Air Force Reserve; repair of facilities and debris of the Department of the Navy, or for
Fund, to remain available until expended, and and equipment; hire of passenger motor vehicles; similar purposes, transfer the funds made avail-
used for such purposes: Provided further, That travel and transportation; care of the dead; re- able by this appropriation to other appropria-
the Secretary of Defense shall prioritize such cruiting; procurement of services, supplies, and tions made available to the Department of the
contributions when providing any assistance for equipment; and communications, $3,417,706,000. Navy, to be merged with and to be available for
construction for facility fortification: Provided OPERATION AND MAINTENANCE, ARMY NATIONAL the same purposes and for the same time period
further, That the Secretary of Defense may GUARD as the appropriations to which transferred: Pro-
waive a provision of law relating to the acquisi- vided further, That upon a determination that
tion of items and support services or sections 40 For expenses of training, organizing, and ad-
ministering the Army National Guard, including all or part of the funds transferred from this ap-
and 40A of the Arms Export Control Act (22 propriation are not necessary for the purposes
U.S.C. 2780 and 2785) if the Secretary determines medical and hospital treatment and related ex-
penses in non-Federal hospitals; maintenance, provided herein, such amounts may be trans-
that such provision of law would prohibit, re- ferred back to this appropriation: Provided fur-
strict, delay or otherwise limit the provision of operation, and repairs to structures and facili-
ties; hire of passenger motor vehicles; personnel ther, That the transfer authority provided
such assistance and a notice of and justification under this heading is in addition to any other
for such waiver is submitted to the congressional services in the National Guard Bureau; travel
expenses (other than mileage), as authorized by transfer authority provided elsewhere in this
defense committees, the Committees on Appro- Act.
priations and Foreign Relations of the Senate law for Army personnel on active duty, for
and the Committees on Appropriations and For- Army National Guard division, regimental, and ENVIRONMENTAL RESTORATION, AIR FORCE
eign Affairs of the House of Representatives: battalion commanders while inspecting units in (INCLUDING TRANSFER OF FUNDS)
Provided further, That the United States may compliance with National Guard Bureau regula- For the Department of the Air Force,
accept equipment procured using funds provided tions when specifically authorized by the Chief, $522,010,000, to remain available until trans-
under this heading, or under the heading, ‘‘Iraq National Guard Bureau; supplying and equip- ferred: Provided, That the Secretary of the Air
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Train and Equip Fund’’ in prior Acts, that was ping the Army National Guard as authorized by Force shall, upon determining that such funds
transferred to security forces, irregular forces, law; and expenses of repair, modification, main- are required for environmental restoration, re-
or groups participating, or preparing to partici- tenance, and issue of supplies and equipment duction and recycling of hazardous waste, re-
pate in activities to counter the Islamic State of (including aircraft), $7,714,473,000. moval of unsafe buildings and debris of the De-
Iraq and Syria and returned by such forces or OPERATION AND MAINTENANCE, AIR NATIONAL partment of the Air Force, or for similar pur-
groups to the United States, and such equip- GUARD poses, transfer the funds made available by this
ment may be treated as stocks of the Department For expenses of training, organizing, and ad- appropriation to other appropriations made
of Defense upon written notification to the con- ministering the Air National Guard, including available to the Department of the Air Force, to
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H1458 CONGRESSIONAL RECORD — HOUSE March 9, 2022
be merged with and to be available for the same be otherwise credited or transferred to the Ac- equipment; other support equipment; spare
purposes and for the same time period as the ap- count, or deposited into the Account, in fiscal parts, ordnance, and accessories therefor; spe-
propriations to which transferred: Provided fur- year 2022 pursuant to section 1705(d) of title 10, cialized equipment and training devices; expan-
ther, That upon a determination that all or part United States Code. sion of public and private plants, including the
of the funds transferred from this appropriation TITLE III land necessary therefor, for the foregoing pur-
are not necessary for the purposes provided PROCUREMENT poses, and such lands and interests therein, may
herein, such amounts may be transferred back be acquired, and construction prosecuted there-
AIRCRAFT PROCUREMENT, ARMY on prior to approval of title; and procurement
to this appropriation: Provided further, That
the transfer authority provided under this head- For construction, procurement, production, and installation of equipment, appliances, and
ing is in addition to any other transfer author- modification, and modernization of aircraft, machine tools in public and private plants; re-
ity provided elsewhere in this Act. equipment, including ordnance, ground han- serve plant and Government and contractor-
dling equipment, spare parts, and accessories owned equipment layaway; and other expenses
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
therefor; specialized equipment and training de- necessary for the foregoing purposes,
(INCLUDING TRANSFER OF FUNDS)
vices; expansion of public and private plants, $9,453,524,000, to remain available for obligation
For the Department of Defense, $10,979,000, to including the land necessary therefor, for the until September 30, 2024.
remain available until transferred: Provided, foregoing purposes, and such lands and inter- AIRCRAFT PROCUREMENT, NAVY
That the Secretary of Defense shall, upon deter- ests therein, may be acquired, and construction For construction, procurement, production,
mining that such funds are required for envi- prosecuted thereon prior to approval of title; modification, and modernization of aircraft,
ronmental restoration, reduction and recycling and procurement and installation of equipment, equipment, including ordnance, spare parts,
of hazardous waste, removal of unsafe buildings appliances, and machine tools in public and pri- and accessories therefor; specialized equipment;
and debris of the Department of Defense, or for vate plants; reserve plant and Government and expansion of public and private plants, includ-
similar purposes, transfer the funds made avail- contractor-owned equipment layaway; and ing the land necessary therefor, and such lands
able by this appropriation to other appropria- other expenses necessary for the foregoing pur- and interests therein, may be acquired, and con-
tions made available to the Department of De- poses, $3,295,431,000, to remain available for ob- struction prosecuted thereon prior to approval
fense, to be merged with and to be available for ligation until September 30, 2024. of title; and procurement and installation of
the same purposes and for the same time period MISSILE PROCUREMENT, ARMY equipment, appliances, and machine tools in
as the appropriations to which transferred: Pro- public and private plants; reserve plant and
For construction, procurement, production,
vided further, That upon a determination that Government and contractor-owned equipment
modification, and modernization of missiles,
all or part of the funds transferred from this ap- layaway, $17,799,321,000, to remain available for
equipment, including ordnance, ground han-
propriation are not necessary for the purposes obligation until September 30, 2024.
dling equipment, spare parts, and accessories
provided herein, such amounts may be trans-
therefor; specialized equipment and training de- WEAPONS PROCUREMENT, NAVY
ferred back to this appropriation: Provided fur-
vices; expansion of public and private plants, For construction, procurement, production,
ther, That the transfer authority provided
including the land necessary therefor, for the modification, and modernization of missiles, tor-
under this heading is in addition to any other
foregoing purposes, and such lands and inter- pedoes, other weapons, and related support
transfer authority provided elsewhere in this
ests therein, may be acquired, and construction equipment including spare parts, and acces-
Act.
prosecuted thereon prior to approval of title; sories therefor; expansion of public and private
ENVIRONMENTAL RESTORATION, FORMERLY USED and procurement and installation of equipment, plants, including the land necessary therefor,
DEFENSE SITES appliances, and machine tools in public and pri- and such lands and interests therein, may be ac-
(INCLUDING TRANSFER OF FUNDS) vate plants; reserve plant and Government and quired, and construction prosecuted thereon
For the Department of the Army, $292,580,000, contractor-owned equipment layaway; and prior to approval of title; and procurement and
to remain available until transferred: Provided, other expenses necessary for the foregoing pur- installation of equipment, appliances, and ma-
That the Secretary of the Army shall, upon de- poses, $3,460,064,000, to remain available for ob- chine tools in public and private plants; reserve
termining that such funds are required for envi- ligation until September 30, 2024. plant and Government and contractor-owned
ronmental restoration, reduction and recycling PROCUREMENT OF WEAPONS AND TRACKED equipment layaway, $3,982,657,000, to remain
of hazardous waste, removal of unsafe buildings COMBAT VEHICLES, ARMY available for obligation until September 30, 2024.
and debris at sites formerly used by the Depart- For construction, procurement, production, PROCUREMENT OF AMMUNITION, NAVY AND
ment of Defense, transfer the funds made avail- and modification of weapons and tracked com- MARINE CORPS
able by this appropriation to other appropria- bat vehicles, equipment, including ordnance, For construction, procurement, production,
tions made available to the Department of the spare parts, and accessories therefor; specialized and modification of ammunition, and acces-
Army, to be merged with and to be available for equipment and training devices; expansion of sories therefor; specialized equipment and train-
the same purposes and for the same time period public and private plants, including the land ing devices; expansion of public and private
as the appropriations to which transferred: Pro- necessary therefor, for the foregoing purposes, plants, including ammunition facilities, author-
vided further, That upon a determination that and such lands and interests therein, may be ac- ized by section 2854 of title 10, United States
all or part of the funds transferred from this ap- quired, and construction prosecuted thereon Code, and the land necessary therefor, for the
propriation are not necessary for the purposes prior to approval of title; and procurement and foregoing purposes, and such lands and inter-
provided herein, such amounts may be trans- installation of equipment, appliances, and ma- ests therein, may be acquired, and construction
ferred back to this appropriation: Provided fur- chine tools in public and private plants; reserve prosecuted thereon prior to approval of title;
ther, That the transfer authority provided plant and Government and contractor-owned and procurement and installation of equipment,
under this heading is in addition to any other equipment layaway; and other expenses nec- appliances, and machine tools in public and pri-
transfer authority provided elsewhere in this essary for the foregoing purposes, $4,319,082,000, vate plants; reserve plant and Government and
Act. to remain available for obligation until Sep- contractor-owned equipment layaway; and
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC tember 30, 2024. other expenses necessary for the foregoing pur-
AID PROCUREMENT OF AMMUNITION, ARMY poses, $845,289,000, to remain available for obli-
For expenses relating to the Overseas Human- gation until September 30, 2024.
For construction, procurement, production,
itarian, Disaster, and Civic Aid programs of the and modification of ammunition, and acces- SHIPBUILDING AND CONVERSION, NAVY
Department of Defense (consisting of the pro- sories therefor; specialized equipment and train- For expenses necessary for the construction,
grams provided under sections 401, 402, 404, 407, ing devices; expansion of public and private acquisition, or conversion of vessels as author-
2557, and 2561 of title 10, United States Code), plants, including ammunition facilities, author- ized by law, including armor and armament
$160,051,000, to remain available until September ized by section 2854 of title 10, United States thereof, plant equipment, appliances, and ma-
30, 2023: Provided, That such amounts shall not Code, and the land necessary therefor, for the chine tools and installation thereof in public
be subject to the limitation in section 407(c)(3) of foregoing purposes, and such lands and inter- and private plants; reserve plant and Govern-
title 10, United States Code. ests therein, may be acquired, and construction ment and contractor-owned equipment layaway;
COOPERATIVE THREAT REDUCTION ACCOUNT prosecuted thereon prior to approval of title; procurement of critical, long lead time compo-
For assistance, including assistance provided and procurement and installation of equipment, nents and designs for vessels to be constructed
by contract or by grants, under programs and appliances, and machine tools in public and pri- or converted in the future; and expansion of
activities of the Department of Defense Coopera- vate plants; reserve plant and Government and public and private plants, including land nec-
tive Threat Reduction Program authorized contractor-owned equipment layaway; and essary therefor, and such lands and interests
under the Department of Defense Cooperative other expenses necessary for the foregoing pur- therein, may be acquired, and construction
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Threat Reduction Act, $344,849,000, to remain poses, $2,276,667,000, to remain available for ob- prosecuted thereon prior to approval of title, as
available until September 30, 2024. ligation until September 30, 2024. follows:
Columbia Class Submarine, $3,003,000,000;
DEPARTMENT OF DEFENSE ACQUISITION OTHER PROCUREMENT, ARMY Columbia Class Submarine (AP),
WORKFORCE DEVELOPMENT ACCOUNT For construction, procurement, production, $1,773,980,000;
For the Department of Defense Acquisition and modification of vehicles, including tactical, Carrier Replacement Program (CVN–80),
Workforce Development Account, $56,679,000, to support, and non-tracked combat vehicles; the $1,062,205,000;
remain available for obligation until September purchase of passenger motor vehicles for re- Carrier Replacement Program (CVN–81),
30, 2022: Provided, That no other amounts may placement only; communications and electronic $1,287,719,000;
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1459
Virginia Class Submarine, $4,234,240,000; equipment layaway; vehicles for the Marine therefor; ground handling equipment, and
Virginia Class Submarine (AP), $2,105,407,000; Corps, including the purchase of passenger training devices; expansion of public and pri-
CVN Refueling Overhauls, $2,424,218,000; motor vehicles for replacement only; and expan- vate plants, Government-owned equipment and
CVN Refueling Overhauls (AP), $66,262,000; sion of public and private plants, including land installation thereof in such plants, erection of
DDG–1000 Program, $56,597,000; necessary therefor, and such lands and interests structures, and acquisition of land, for the fore-
DDG–51 Destroyer, $3,675,987,000; therein, may be acquired, and construction going purposes, and such lands and interests
DDG–51 Destroyer (AP), $120,000,000; prosecuted thereon prior to approval of title, therein, may be acquired, and construction
FFG–Frigate, $1,090,900,000; $3,093,770,000, to remain available for obligation prosecuted thereon prior to approval of title; re-
LPD Flight II, $60,636,000; until September 30, 2024. serve plant and Government and contractor-
LPD Flight II (AP), $250,000,000; owned equipment layaway; and other expenses
AIRCRAFT PROCUREMENT, AIR FORCE
Expeditionary Sea Base, $577,000,000; necessary for the foregoing purposes including
LHA Replacement, $68,637,000; For construction, procurement, and modifica-
rents and transportation of things,
Expeditionary Fast Transport, $590,000,000; tion of aircraft and equipment, including armor
$3,023,408,000, to remain available for obligation
TAO Fleet Oiler, $1,463,784,000; and armament, specialized ground handling
until September 30, 2024.
TAGOS SURTASS Ships, $434,384,000; equipment, and training devices, spare parts,
Towing, Salvage, and Rescue Ship, and accessories therefor; specialized equipment; PROCUREMENT, DEFENSE-WIDE
$183,800,000; expansion of public and private plants, Govern- For expenses of activities and agencies of the
LCU 1700, $67,928,000; ment-owned equipment and installation thereof Department of Defense (other than the military
Ship to Shore Connector, $391,838,000; in such plants, erection of structures, and ac- departments) necessary for procurement, pro-
Service Craft, $67,866,000; quisition of land, for the foregoing purposes, duction, and modification of equipment, sup-
LCAC SLEP, $32,712,000; and such lands and interests therein, may be ac- plies, materials, and spare parts therefor, not
Auxiliary Vessels, $299,900,000; quired, and construction prosecuted thereon otherwise provided for; the purchase of pas-
For outfitting, post delivery, conversions, and prior to approval of title; reserve plant and Gov- senger motor vehicles for replacement only; ex-
first destination transportation, $614,731,000; ernment and contractor-owned equipment lay- pansion of public and private plants, equip-
and away; and other expenses necessary for the ment, and installation thereof in such plants,
Completion of Prior Year Shipbuilding Pro- foregoing purposes including rents and trans- erection of structures, and acquisition of land
grams, $660,795,000. portation of things, $18,383,946,000, to remain for the foregoing purposes, and such lands and
In all: $26,664,526,000, to remain available for available for obligation until September 30, 2024. interests therein, may be acquired, and con-
obligation until September 30, 2026: Provided, MISSILE PROCUREMENT, AIR FORCE struction prosecuted thereon prior to approval
That additional obligations may be incurred
For construction, procurement, and modifica- of title; reserve plant and Government and con-
after September 30, 2026, for engineering serv-
tion of missiles, rockets, and related equipment, tractor-owned equipment layaway,
ices, tests, evaluations, and other such budgeted
including spare parts and accessories therefor; $6,177,561,000, to remain available for obligation
work that must be performed in the final stage
ground handling equipment, and training de- until September 30, 2024.
of ship construction: Provided further, That
vices; expansion of public and private plants, DEFENSE PRODUCTION ACT PURCHASES
none of the funds provided under this heading
Government-owned equipment and installation
for the construction or conversion of any naval For activities by the Department of Defense
thereof in such plants, erection of structures,
vessel to be constructed in shipyards in the pursuant to sections 108, 301, 302, and 303 of the
and acquisition of land, for the foregoing pur-
United States shall be expended in foreign fa- Defense Production Act of 1950 (50 U.S.C. 4518,
poses, and such lands and interests therein, may
cilities for the construction of major components 4531, 4532, and 4533), $388,327,000, to remain
be acquired, and construction prosecuted there-
of such vessel: Provided further, That none of available until expended, which shall be obli-
on prior to approval of title; reserve plant and
the funds provided under this heading shall be gated and expended by the Secretary of Defense
Government and contractor-owned equipment
used for the construction of any naval vessel in as if delegated the necessary authorities con-
layaway; and other expenses necessary for the
foreign shipyards: Provided further, That funds ferred by the Defense Production Act of 1950.
foregoing purposes including rents and trans-
appropriated or otherwise made available by
portation of things, $2,475,206,000, to remain NATIONAL GUARD AND RESERVE EQUIPMENT
this Act for Columbia Class Submarine (AP)
available for obligation until September 30, 2024. ACCOUNT
may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of PROCUREMENT OF AMMUNITION, AIR FORCE
For procurement of rotary-wing aircraft; com-
title 10, United States Code, only in accordance For construction, procurement, production, bat, tactical and support vehicles; other weap-
with the provisions of the applicable subsection: and modification of ammunition, and acces- ons; and other procurement items for the reserve
Provided further, That prior to entering into a sories therefor; specialized equipment and train- components of the Armed Forces, $950,000,000, to
contract for more than one amphibious ship, the ing devices; expansion of public and private remain available for obligation until September
Secretary of Defense shall provide to the con- plants, including ammunition facilities, author- 30, 2024: Provided, That the Chiefs of National
gressional defense committees the future years ized by section 2854 of title 10, United States Guard and Reserve components shall, not later
defense program which displays the funding Code, and the land necessary therefor, for the than 30 days after enactment of this Act, indi-
programmed for all shipbuilding programs cur- foregoing purposes, and such lands and inter- vidually submit to the congressional defense
rently or anticipated to be under a multiyear ests therein, may be acquired, and construction committees the modernization priority assess-
contract, block buy contract, or other contract prosecuted thereon prior to approval of title; ment for their respective National Guard or Re-
involving economic order quantity. and procurement and installation of equipment, serve component: Provided further, That none
OTHER PROCUREMENT, NAVY appliances, and machine tools in public and pri- of the funds made available by this paragraph
vate plants; reserve plant and Government and may be used to procure manned fixed wing air-
For procurement, production, and moderniza-
contractor-owned equipment layaway; and craft, or procure or modify missiles, munitions,
tion of support equipment and materials not
other expenses necessary for the foregoing pur- or ammunition.
otherwise provided for, Navy ordnance (except
poses, $665,977,000, to remain available for obli-
ordnance for new aircraft, new ships, and ships TITLE IV
gation until September 30, 2024.
authorized for conversion); the purchase of pas-
senger motor vehicles for replacement only; ex- OTHER PROCUREMENT, AIR FORCE RESEARCH, DEVELOPMENT, TEST AND
pansion of public and private plants, including For procurement and modification of equip- EVALUATION
the land necessary therefor, and such lands and ment (including ground guidance and electronic RESEARCH, DEVELOPMENT, TEST AND
interests therein, may be acquired, and con- control equipment, and ground electronic and EVALUATION, ARMY
struction prosecuted thereon prior to approval communication equipment), and supplies, mate-
of title; and procurement and installation of rials, and spare parts therefor, not otherwise For expenses necessary for basic and applied
equipment, appliances, and machine tools in provided for; the purchase of passenger motor scientific research, development, test and eval-
public and private plants; reserve plant and vehicles for replacement only; lease of passenger uation, including maintenance, rehabilitation,
Government and contractor-owned equipment motor vehicles; and expansion of public and pri- lease, and operation of facilities and equipment,
layaway, $11,072,651,000, to remain available for vate plants, Government-owned equipment and $14,539,417,000, to remain available for obliga-
obligation until September 30, 2024: Provided, installation thereof in such plants, erection of tion until September 30, 2023.
That such funds are also available for the main- structures, and acquisition of land, for the fore- RESEARCH, DEVELOPMENT, TEST AND
tenance, repair, and modernization of ships going purposes, and such lands and interests EVALUATION, NAVY
under a pilot program established for such pur- therein, may be acquired, and construction
For expenses necessary for basic and applied
poses. prosecuted thereon, prior to approval of title; re-
scientific research, development, test and eval-
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PROCUREMENT, MARINE CORPS serve plant and Government and contractor-
uation, including maintenance, rehabilitation,
owned equipment layaway, $26,615,079,000, to
For expenses necessary for the procurement, lease, and operation of facilities and equipment,
remain available for obligation until September
manufacture, and modification of missiles, ar- $22,139,080,000, to remain available for obliga-
30, 2024.
mament, military equipment, spare parts, and tion until September 30, 2023: Provided, That
accessories therefor; plant equipment, appli- PROCUREMENT, SPACE FORCE funds appropriated in this paragraph which are
ances, and machine tools, and installation For construction, procurement, and modifica- available for the V–22 may be used to meet
thereof in public and private plants; reserve tion of spacecraft, rockets, and related equip- unique operational requirements of the Special
plant and Government and contractor-owned ment, including spare parts and accessories Operations Forces.
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H1460 CONGRESSIONAL RECORD — HOUSE March 9, 2022
RESEARCH, DEVELOPMENT, TEST AND vide notice to the congressional defense commit- INTELLIGENCE COMMUNITY MANAGEMENT
EVALUATION, AIR FORCE tees not later than 10 business days after delay- ACCOUNT
For expenses necessary for basic and applied ing the proposed timeline of such deployment if For necessary expenses of the Intelligence
scientific research, development, test and eval- such delay is longer than 1 week: Provided fur- Community Management Account, $587,100,000.
uation, including maintenance, rehabilitation, ther, That the Comptroller General of the TITLE VIII
lease, and operation of facilities and equipment, United States shall perform quarterly perform-
GENERAL PROVISIONS
$41,592,913,000, to remain available for obliga- ance reviews of such deployment.
SEC. 8001. No part of any appropriation con-
tion until September 30, 2023. CHEMICAL AGENTS AND MUNITIONS
tained in this Act shall be used for publicity or
RESEARCH, DEVELOPMENT, TEST AND DESTRUCTION, DEFENSE
propaganda purposes not authorized by the
EVALUATION, SPACE FORCE For expenses, not otherwise provided for, nec- Congress.
For expenses necessary for basic and applied essary for the destruction of the United States SEC. 8002. During the current fiscal year, pro-
stockpile of lethal chemical agents and muni- visions of law prohibiting the payment of com-
scientific research, development, test and eval-
tions in accordance with the provisions of sec- pensation to, or employment of, any person not
uation, including maintenance, rehabilitation,
tion 1412 of the Department of Defense Author- a citizen of the United States shall not apply to
lease, and operation of facilities and equipment,
ization Act, 1986 (50 U.S.C. 1521), and for the personnel of the Department of Defense: Pro-
$11,597,405,000, to remain available until Sep-
destruction of other chemical warfare materials vided, That salary increases granted to direct
tember 30, 2023.
that are not in the chemical weapon stockpile, and indirect hire foreign national employees of
RESEARCH, DEVELOPMENT, TEST AND $1,094,352,000, of which $93,121,000 shall be for the Department of Defense funded by this Act
EVALUATION, DEFENSE-WIDE operation and maintenance, of which no less shall not be at a rate in excess of the percentage
For expenses of activities and agencies of the than $48,668,000 shall be for the Chemical Stock- increase authorized by law for civilian employ-
Department of Defense (other than the military pile Emergency Preparedness Program, con- ees of the Department of Defense whose pay is
departments), necessary for basic and applied sisting of $22,134,000 for activities on military in- computed under the provisions of section 5332 of
scientific research, development, test and eval- stallations and $26,534,000, to remain available title 5, United States Code, or at a rate in excess
uation; advanced research projects as may be until September 30, 2023, to assist State and of the percentage increase provided by the ap-
designated and determined by the Secretary of local governments; and $1,001,231,000, to remain propriate host nation to its own employees,
Defense, pursuant to law; maintenance, reha- available until September 30, 2023, shall be for whichever is higher: Provided further, That this
bilitation, lease, and operation of facilities and research, development, test and evaluation, of section shall not apply to Department of De-
equipment, $29,065,786,000, to remain available which $995,011,000 shall only be for the Assem- fense foreign service national employees serving
for obligation until September 30, 2023. bled Chemical Weapons Alternatives program. at United States diplomatic missions whose pay
OPERATIONAL TEST AND EVALUATION, DEFENSE DRUG INTERDICTION AND COUNTER-DRUG is set by the Department of State under the For-
For expenses, not otherwise provided for, nec- ACTIVITIES, DEFENSE eign Service Act of 1980: Provided further, That
essary for the independent activities of the Di- (INCLUDING TRANSFER OF FUNDS) the limitations of this provision shall not apply
rector, Operational Test and Evaluation, in the For drug interdiction and counter-drug activi- to foreign national employees of the Department
direction and supervision of operational test ties of the Department of Defense, for transfer of Defense in the Republic of Turkey.
and evaluation, including initial operational to appropriations available to the Department of SEC. 8003. No part of any appropriation con-
Defense for military personnel of the reserve tained in this Act shall remain available for ob-
test and evaluation which is conducted prior to,
components serving under the provisions of title ligation beyond the current fiscal year, unless
and in support of, production decisions; joint
10 and title 32, United States Code; for operation expressly so provided herein.
operational testing and evaluation; and admin-
and maintenance; for procurement; and for re- SEC. 8004. No more than 20 percent of the ap-
istrative expenses in connection therewith,
search, development, test and evaluation, propriations in this Act which are limited for
$276,591,000, to remain available for obligation
$925,649,000, of which $579,750,000 shall be for obligation during the current fiscal year shall be
until September 30, 2023.
counter-narcotics support; $126,024,000 shall be obligated during the last 2 months of the fiscal
TITLE V year: Provided, That this section shall not apply
for the drug demand reduction program;
REVOLVING AND MANAGEMENT FUNDS to obligations for support of active duty training
$194,211,000 shall be for the National Guard
DEFENSE WORKING CAPITAL FUNDS counter-drug program; and $25,664,000 shall be of reserve components or summer camp training
For the Defense Working Capital Funds, for the National Guard counter-drug schools of the Reserve Officers’ Training Corps.
$2,017,000,000. program: Provided, That the funds appropriated (TRANSFER OF FUNDS)
TITLE VI under this heading shall be available for obliga- SEC. 8005. Upon determination by the Sec-
tion for the same time period and for the same retary of Defense that such action is necessary
OTHER DEPARTMENT OF DEFENSE
purpose as the appropriation to which trans- in the national interest, the Secretary may, with
PROGRAMS
ferred: Provided further, That upon a deter- the approval of the Office of Management and
DEFENSE HEALTH PROGRAM mination that all or part of the funds trans- Budget, transfer not to exceed $6,000,000,000 of
For expenses, not otherwise provided for, for ferred from this appropriation are not necessary working capital funds of the Department of De-
medical and health care programs of the De- for the purposes provided herein, such amounts fense or funds made available in this Act to the
partment of Defense as authorized by law, may be transferred back to this appropriation: Department of Defense for military functions
$37,350,182,000; of which $33,957,986,000 shall be Provided further, That the transfer authority (except military construction) between such ap-
for operation and maintenance, of which not to provided under this heading is in addition to propriations or funds or any subdivision there-
exceed one percent shall remain available for any other transfer authority contained else- of, to be merged with and to be available for the
obligation until September 30, 2023, and of where in this Act. same purposes, and for the same time period, as
which up to $17,977,979,000 may be available for OFFICE OF THE INSPECTOR GENERAL the appropriation or fund to which transferred:
contracts entered into under the TRICARE pro- For expenses and activities of the Office of the Provided, That such authority to transfer may
gram; of which $758,708,000, to remain available Inspector General in carrying out the provisions not be used unless for higher priority items,
for obligation until September 30, 2024, shall be of the Inspector General Act of 1978, as amend- based on unforeseen military requirements, than
for procurement; and of which $2,633,488,000, to ed, $438,363,000, of which $435,918,000 shall be those for which originally appropriated and in
remain available for obligation until September for operation and maintenance, of which not to no case where the item for which funds are re-
30, 2023, shall be for research, development, test exceed $700,000 is available for emergencies and quested has been denied by the Congress: Pro-
and evaluation: Provided, That, notwith- extraordinary expenses to be expended upon the vided further, That the Secretary of Defense
standing any other provision of law, of the approval or authority of the Inspector General, shall notify the Congress promptly of all trans-
amount made available under this heading for and payments may be made upon the Inspector fers made pursuant to this authority or any
research, development, test and evaluation, not General’s certificate of necessity for confidential other authority in this Act: Provided further,
less than $10,000,000 shall be available for HIV military purposes; of which $80,000, to remain That no part of the funds in this Act shall be
prevention educational activities undertaken in available for obligation until September 30, 2024, available to prepare or present a request to the
connection with United States military training, shall be for procurement; and of which Committees on Appropriations of the House of
exercises, and humanitarian assistance activi- $2,365,000, to remain available until September Representatives and the Senate for reprogram-
ties conducted primarily in African nations: 30, 2023, shall be for research, development, test ming of funds, unless for higher priority items,
Provided further, That of the funds provided and evaluation. based on unforeseen military requirements, than
under this heading for research, development, those for which originally appropriated and in
TITLE VII
test and evaluation, not less than $1,536,000,000 no case where the item for which reprogramming
shall be made available to the United States RELATED AGENCIES is requested has been denied by the Congress:
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Army Medical Research and Development Com- CENTRAL INTELLIGENCE AGENCY RETIREMENT Provided further, That a request for multiple
mand to carry out the congressionally directed AND DISABILITY SYSTEM FUND reprogrammings of funds using authority pro-
medical research programs: Provided further, For payment to the Central Intelligence Agen- vided in this section shall be made prior to June
That the Secretary of Defense shall submit to cy Retirement and Disability System Fund, to 30, 2022: Provided further, That transfers among
the congressional defense committees quarterly maintain the proper funding level for con- military personnel appropriations shall not be
reports on the current status of the deployment tinuing the operation of the Central Intelligence taken into account for purposes of the limitation
of the electronic health record: Provided fur- Agency Retirement and Disability System, on the amount of funds that may be transferred
ther, That the Secretary of Defense shall pro- $514,000,000. under this section.
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1461
SEC. 8006. (a) With regard to the list of spe- SEC. 8009. Funds appropriated by this Act that such action is beneficial for graduate med-
cific programs, projects, and activities (and the may not be used to initiate a special access pro- ical education programs conducted at Army
dollar amounts and adjustments to budget ac- gram without prior notification 30 calendar medical facilities located in Hawaii, the Sec-
tivities corresponding to such programs, days in advance to the congressional defense retary of the Army may authorize the provision
projects, and activities) contained in the tables committees. of medical services at such facilities and trans-
titled Explanation of Project Level Adjustments SEC. 8010. None of the funds provided in this portation to such facilities, on a nonreimburs-
in the explanatory statement regarding this Act Act shall be available to initiate: (1) a multiyear able basis, for civilian patients from American
and the tables contained in the classified annex contract that employs economic order quantity Samoa, the Commonwealth of the Northern
accompanying this Act, the obligation and ex- procurement in excess of $20,000,000 in any one Mariana Islands, the Marshall Islands, the Fed-
penditure of amounts appropriated or otherwise year of the contract or that includes an un- erated States of Micronesia, Palau, and Guam.
made available in this Act for those programs, funded contingent liability in excess of SEC. 8012. (a) During the current fiscal year,
projects, and activities for which the amounts $20,000,000; or (2) a contract for advance pro- the civilian personnel of the Department of De-
appropriated exceed the amounts requested are curement leading to a multiyear contract that fense may not be managed on the basis of any
hereby required by law to be carried out in the employs economic order quantity procurement in constraint or limitation in terms of man years,
manner provided by such tables to the same ex- excess of $20,000,000 in any one year, unless the end strength, full-time equivalent positions, or
tent as if the tables were included in the text of congressional defense committees have been no- maximum number of employees, but are to be
this Act. tified at least 30 days in advance of the pro- managed solely on the basis of, and in a manner
(b) Amounts specified in the referenced tables posed contract award: Provided, That no part of consistent with—
described in subsection (a) shall not be treated any appropriation contained in this Act shall be (1) the total force management policies and
as subdivisions of appropriations for purposes of available to initiate a multiyear contract for procedures established under section 129a of
section 8005 of this Act: Provided, That section which the economic order quantity advance pro- title 10, United States Code;
8005 shall apply when transfers of the amounts curement is not funded at least to the limits of (2) the workload required to carry out the
described in subsection (a) occur between appro- the Government’s liability: Provided further, functions and activities of the Department; and
priation accounts. That no part of any appropriation contained in (3) the funds made available to the Depart-
SEC. 8007. (a) Not later than 60 days after the this Act shall be available to initiate multiyear ment for such fiscal year.
date of the enactment of this Act, the Depart- procurement contracts for any systems or com- (b) None of the funds appropriated by this Act
ment of Defense shall submit a report to the ponent thereof if the value of the multiyear con- may be used to reduce the civilian workforce
congressional defense committees to establish tract would exceed $500,000,000 unless specifi- programmed full time equivalent levels absent
the baseline for application of reprogramming cally provided in this Act: Provided further, the appropriate analysis of the impacts of these
and transfer authorities for fiscal year 2022: That no multiyear procurement contract can be reductions on workload, military force struc-
Provided, That the report shall include— terminated without 30-day prior notification to ture, lethality, readiness, operational effective-
(1) a table for each appropriation with a sepa- the congressional defense committees: Provided ness, stress on the military force, and fully bur-
rate column to display the President’s budget re- further, That the execution of multiyear author- dened costs.
quest, adjustments made by Congress, adjust- ity shall require the use of a present value anal- (c) A projection of the number of full-time
ments due to enacted rescissions, if appropriate, ysis to determine lowest cost compared to an an- equivalent positions shall not be considered a
and the fiscal year enacted level; nual procurement: Provided further, That none constraint or limitation for purposes of sub-
(2) a delineation in the table for each appro- of the funds provided in this Act may be used section (a) and reducing funding for under-exe-
priation both by budget activity and program, for a multiyear contract executed after the date cution of such a projection shall not be consid-
project, and activity as detailed in the Budget of the enactment of this Act unless in the case ered managing based on a constraint or limita-
Appendix; and of any such contract— tion for purposes of such subsection.
(3) an identification of items of special con- (1) the Secretary of Defense has submitted to (d) The fiscal year 2023 budget request for the
gressional interest. Congress a budget request for full funding of Department of Defense, and any justification
(b) Notwithstanding section 8005 of this Act, units to be procured through the contract and, material and other documentation supporting
none of the funds provided in this Act shall be in the case of a contract for procurement of air- such request, shall be prepared and submitted to
available for reprogramming or transfer until craft, that includes, for any aircraft unit to be Congress as if subsections (a) and (b) were effec-
the report identified in subsection (a) is sub- procured through the contract for which pro- tive with respect to such fiscal year.
mitted to the congressional defense committees, curement funds are requested in that budget re- (e) Nothing in this section shall be construed
unless the Secretary of Defense certifies in writ- quest for production beyond advance procure- to apply to military (civilian) technicians.
ing to the congressional defense committees that ment activities in the fiscal year covered by the SEC. 8013. None of the funds made available
such reprogramming or transfer is necessary as budget, full funding of procurement of such unit by this Act shall be used in any way, directly or
an emergency requirement: Provided, That this in that fiscal year; indirectly, to influence congressional action on
subsection shall not apply to transfers from the (2) cancellation provisions in the contract do any legislation or appropriation matters pend-
following appropriations accounts: not include consideration of recurring manufac- ing before the Congress.
(1) ‘‘Environmental Restoration, Army’’; turing costs of the contractor associated with SEC. 8014. None of the funds appropriated by
(2) ‘‘Environmental Restoration, Navy’’; the production of unfunded units to be delivered
(3) ‘‘Environmental Restoration, Air Force’’; this Act shall be available for the basic pay and
under the contract; allowances of any member of the Army partici-
(4) ‘‘Environmental Restoration, Defense-
(3) the contract provides that payments to the pating as a full-time student and receiving bene-
Wide’’;
contractor under the contract shall not be made fits paid by the Secretary of Veterans Affairs
(5) ‘‘Environmental Restoration, Formerly
in advance of incurred costs on funded units; from the Department of Defense Education Ben-
Used Defense Sites’’; and
(6) ‘‘Drug Interdiction and Counter-drug Ac- and efits Fund when time spent as a full-time stu-
(4) the contract does not provide for a price dent is credited toward completion of a service
tivities, Defense’’.
adjustment based on a failure to award a fol- commitment: Provided, That this section shall
(TRANSFER OF FUNDS) low-on contract. not apply to those members who have reenlisted
SEC. 8008. During the current fiscal year, cash Funds appropriated in title III of this Act may with this option prior to October 1, 1987: Pro-
balances in working capital funds of the De- be used for multiyear procurement contracts for vided further, That this section applies only to
partment of Defense established pursuant to sec- the UH/HH-60M Black Hawk helicopter and the active components of the Army.
tion 2208 of title 10, United States Code, may be AH–64E Apache helicopter.
maintained in only such amounts as are nec- SEC. 8011. Within the funds appropriated for (TRANSFER OF FUNDS)
essary at any time for cash disbursements to be the operation and maintenance of the Armed SEC. 8015. (a) Funds appropriated in title III
made from such funds: Provided, That transfers Forces, funds are hereby appropriated pursuant of this Act for the Department of Defense Pilot
may be made between such funds: Provided fur- to section 401 of title 10, United States Code, for Mentor-Protégé Program may be transferred to
ther, That transfers may be made between work- humanitarian and civic assistance costs under any other appropriation contained in this Act
ing capital funds and the ‘‘Foreign Currency chapter 20 of title 10, United States Code. Such solely for the purpose of implementing a Men-
Fluctuations, Defense’’ appropriation and the funds may also be obligated for humanitarian tor-Protégé Program developmental assistance
‘‘Operation and Maintenance’’ appropriation and civic assistance costs incidental to author- agreement pursuant to section 831 of the Na-
accounts in such amounts as may be determined ized operations and pursuant to authority tional Defense Authorization Act for Fiscal
by the Secretary of Defense, with the approval granted in section 401 of title 10, United States Year 1991 (Public Law 101–510; 10 U.S.C. 2302
of the Office of Management and Budget, except Code, and these obligations shall be reported as note), as amended, under the authority of this
that such transfers may not be made unless the required by section 401(d) of title 10, United provision or any other transfer authority con-
Secretary of Defense has notified the Congress States Code: Provided, That funds available for tained in this Act.
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of the proposed transfer: Provided further, That operation and maintenance shall be available (b) The Secretary of Defense shall include
except in amounts equal to the amounts appro- for providing humanitarian and similar assist- with the budget justification documents in sup-
priated to working capital funds in this Act, no ance by using Civic Action Teams in the Trust port of the budget for fiscal year 2023 (as sub-
obligations may be made against a working cap- Territories of the Pacific Islands and freely as- mitted to Congress pursuant to section 1105 of
ital fund to procure or increase the value of war sociated states of Micronesia, pursuant to the title 31, United States Code) a description of
reserve material inventory, unless the Secretary Compact of Free Association as authorized by each transfer under this section that occurred
of Defense has notified the Congress prior to Public Law 99–239: Provided further, That upon during the last fiscal year before the fiscal year
any such obligation. a determination by the Secretary of the Army in which such budget is submitted.
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H1462 CONGRESSIONAL RECORD — HOUSE March 9, 2022
SEC. 8016. None of the funds in this Act may under section 4221(9) of title 25, United States able for the Civil Air Patrol Corporation, of
be available for the purchase by the Department Code, shall be considered a contractor for the which—
of Defense (and its departments and agencies) of purposes of being allowed additional compensa- (1) $47,300,000 shall be available from ‘‘Oper-
welded shipboard anchor and mooring chain tion under section 504 of the Indian Financing ation and Maintenance, Air Force’’ to support
unless the anchor and mooring chain are manu- Act of 1974 (25 U.S.C. 1544) whenever the prime Civil Air Patrol Corporation operation and
factured in the United States from components contract or subcontract amount is over $500,000 maintenance, readiness, counter-drug activities,
which are substantially manufactured in the and involves the expenditure of funds appro- and drug demand reduction activities involving
United States: Provided, That for the purpose of priated by an Act making appropriations for the youth programs;
this section, the term ‘‘manufactured’’ shall in- Department of Defense with respect to any fis- (2) $11,400,000 shall be available from ‘‘Air-
clude cutting, heat treating, quality control, cal year: Provided further, That notwith- craft Procurement, Air Force’’; and
testing of chain and welding (including the standing section 1906 of title 41, United States (3) $1,800,000 shall be available from ‘‘Other
forging and shot blasting process): Provided fur- Code, this section shall be applicable to any De- Procurement, Air Force’’ for vehicle procure-
ther, That for the purpose of this section sub- partment of Defense acquisition of supplies or ment.
stantially all of the components of anchor and services, including any contract and any sub- (b) The Secretary of the Air Force should
mooring chain shall be considered to be pro- contract at any tier for acquisition of commer- waive reimbursement for any funds used by the
duced or manufactured in the United States if cial items produced or manufactured, in whole Civil Air Patrol for counter-drug activities in
the aggregate cost of the components produced or in part, by any subcontractor or supplier de- support of Federal, State, and local government
or manufactured in the United States exceeds fined in section 1544 of title 25, United States agencies.
the aggregate cost of the components produced Code, or a small business owned and controlled SEC. 8027. (a) None of the funds appropriated
or manufactured outside the United States: Pro- by an individual or individuals defined under in this Act are available to establish a new De-
vided further, That when adequate domestic section 4221(9) of title 25, United States Code. partment of Defense (department) federally
supplies are not available to meet Department of SEC. 8021. (a) Notwithstanding any other pro- funded research and development center
Defense requirements on a timely basis, the Sec- vision of law, the Secretary of the Air Force (FFRDC), either as a new entity, or as a sepa-
retary of the Service responsible for the procure- may convey at no cost to the Air Force, without rate entity administrated by an organization
ment may waive this restriction on a case-by- consideration, to Indian tribes located in the managing another FFRDC, or as a nonprofit
case basis by certifying in writing to the Com- States of Nevada, Idaho, North Dakota, South membership corporation consisting of a consor-
mittees on Appropriations of the House of Rep- Dakota, Montana, Oregon, Minnesota, and tium of other FFRDCs and other nonprofit enti-
resentatives and the Senate that such an acqui- Washington relocatable military housing units ties.
sition must be made in order to acquire capa- located at Grand Forks Air Force Base, (b) No member of a Board of Directors, Trust-
bility for national security purposes. Malmstrom Air Force Base, Mountain Home Air ees, Overseers, Advisory Group, Special Issues
SEC. 8017. None of the funds appropriated by Force Base, Ellsworth Air Force Base, and Panel, Visiting Committee, or any similar entity
this Act shall be used for the support of any Minot Air Force Base that are excess to the of a defense FFRDC, and no paid consultant to
nonappropriated funds activity of the Depart- needs of the Air Force. any defense FFRDC, except when acting in a
ment of Defense that procures malt beverages (b) The Secretary of the Air Force shall con- technical advisory capacity, may be com-
and wine with nonappropriated funds for resale vey, at no cost to the Air Force, military hous- pensated for his or her services as a member of
(including such alcoholic beverages sold by the ing units under subsection (a) in accordance such entity, or as a paid consultant by more
drink) on a military installation located in the with the request for such units that are sub- than one FFRDC in a fiscal year: Provided,
United States unless such malt beverages and mitted to the Secretary by the Operation Walk- That a member of any such entity referred to
wine are procured within that State, or in the ing Shield Program on behalf of Indian tribes previously in this subsection shall be allowed
case of the District of Columbia, within the Dis- located in the States of Nevada, Idaho, North travel expenses and per diem as authorized
trict of Columbia, in which the military installa- Dakota, South Dakota, Montana, Oregon, Min- under the Federal Joint Travel Regulations,
tion is located: Provided, That, in a case in nesota, and Washington. Any such conveyance when engaged in the performance of member-
which the military installation is located in shall be subject to the condition that the hous- ship duties.
more than one State, purchases may be made in ing units shall be removed within a reasonable (c) Notwithstanding any other provision of
any State in which the installation is located: period of time, as determined by the Secretary. law, none of the funds available to the depart-
Provided further, That such local procurement (c) The Operation Walking Shield Program ment from any source during the current fiscal
requirements for malt beverages and wine shall shall resolve any conflicts among requests of In- year may be used by a defense FFRDC, through
apply to all alcoholic beverages only for military dian tribes for housing units under subsection a fee or other payment mechanism, for construc-
installations in States which are not contiguous (a) before submitting requests to the Secretary of tion of new buildings not located on a military
with another State: Provided further, That alco- the Air Force under subsection (b). installation, for payment of cost sharing for
(d) In this section, the term ‘‘Indian tribe’’
holic beverages other than wine and malt bev- projects funded by Government grants, for ab-
means any recognized Indian tribe included on
erages, in contiguous States and the District of sorption of contract overruns, or for certain
the current list published by the Secretary of the
Columbia shall be procured from the most com- Interior under section 104 of the Federally Rec- charitable contributions, not to include em-
petitive source, price and other factors consid- ognized Indian Tribe Act of 1994 (Public Law ployee participation in community service and/
ered. 103–454; 108 Stat. 4792; 25 U.S.C. 5131). or development.
SEC. 8018. None of the funds available to the SEC. 8022. Of the funds appropriated to the (d) Notwithstanding any other provision of
Department of Defense may be used to demili- Department of Defense under the heading ‘‘Op- law, of the funds available to the department
tarize or dispose of M–1 Carbines, M–1 Garand eration and Maintenance, Defense-Wide’’, not during fiscal year 2022, not more than 6,119 staff
rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- less than $12,000,000 shall be made available years of technical effort (staff years) may be
fles, or M–1911 pistols, or to demilitarize or de- only for the mitigation of environmental im- funded for defense FFRDCs: Provided, That
stroy small arms ammunition or ammunition pacts, including training and technical assist- within such funds for 6,119 staff years, funds
components that are not otherwise prohibited ance to tribes, related administrative support, shall be available only for 1,148 staff years for
from commercial sale under Federal law, unless the gathering of information, documenting of the defense studies and analysis FFRDCs: Pro-
the small arms ammunition or ammunition com- environmental damage, and developing a system vided further, That this subsection shall not
ponents are certified by the Secretary of the for prioritization of mitigation and cost to com- apply to staff years funded in the National In-
Army or designee as unserviceable or unsafe for plete estimates for mitigation, on Indian lands telligence Program and the Military Intelligence
further use. resulting from Department of Defense activities. Program: Provided further, That the limit on
SEC. 8019. No more than $500,000 of the funds SEC. 8023. Funds appropriated by this Act for staff years in the matter preceding the first pro-
appropriated or made available in this Act shall the Defense Media Activity shall not be used for viso in this subsection may be increased to 6,184,
be used during a single fiscal year for any single any national or international political or psy- from within funds available to the Department
relocation of an organization, unit, activity or chological activities. during fiscal year 2022, no sooner than 60 days
function of the Department of Defense into or SEC. 8024. None of the funds available in this after the Secretary of Defense submits in writing
within the National Capital Region: Provided, Act to the Department of Defense, other than to the congressional defense committees—
That the Secretary of Defense may waive this appropriations made for necessary or routine re- (1) a complete breakdown of actual staff years
restriction on a case-by-case basis by certifying furbishments, upgrades or maintenance activi- by program and primary sponsor for fiscal years
in writing to the congressional defense commit- ties, shall be used to reduce or to prepare to re- 2020 and 2021;
tees that such a relocation is required in the duce the number of deployed and non-deployed (2) a complete breakdown of the estimated
best interest of the Government. strategic delivery vehicles and launchers below 6,184 staff years by program and primary spon-
SEC. 8020. In addition to the funds provided the levels set forth in the report submitted to sor for fiscal year 2022;
elsewhere in this Act, $25,000,000 is appropriated Congress in accordance with section 1042 of the (3) a list of corrective actions planned and im-
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only for incentive payments authorized by sec- National Defense Authorization Act for Fiscal plemented following the 2019 Under Secretary of
tion 504 of the Indian Financing Act of 1974 (25 Year 2012. Defense (Research and Engineering)-led FFRDC
U.S.C. 1544): Provided, That a prime contractor SEC. 8025. Of the amounts appropriated for management review regarding the implementa-
or a subcontractor at any tier that makes a sub- ‘‘Working Capital Fund, Army’’, $115,000,000 tion of a strategic management process and con-
contract award to any subcontractor or supplier shall be available to maintain competitive rates tinued independence of defense FFRDCs; and
as defined in section 1544 of title 25, United at the arsenals. (4) a plan to commission a near-term inde-
States Code, or a small business owned and con- SEC. 8026. (a) Of the funds made available in pendent review and assessment of current
trolled by an individual or individuals defined this Act, not less than $60,500,000 shall be avail- FFRDC and potentially competitive non-FFRDC
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1463
entities’ core competencies as compared to new under the control of the Department of Defense SEC. 8036. None of the funds in this Act may
or emerging requirements: which were not melted and rolled in the United be used to purchase any supercomputer which is
Provided further, That the Secretary of Defense States or Canada: Provided, That these procure- not manufactured in the United States, unless
shall provide a plan to commission a near-term ment restrictions shall apply to any and all Fed- the Secretary of Defense certifies to the congres-
independent review of current Department of eral Supply Class 9515, American Society of sional defense committees that such an acquisi-
Defense and military service workforce core Testing and Materials (ASTM) or American Iron tion must be made in order to acquire capability
competencies as compared to new or emerging and Steel Institute (AISI) specifications of car- for national security purposes that is not avail-
requirements, to include a review of current and bon, alloy or armor steel plate: Provided further, able from United States manufacturers.
proposed workforce development, talent man- That the Secretary of the military department SEC. 8037. (a) The Secretary of Defense may,
agement, and professional military education responsible for the procurement may waive this on a case-by-case basis, waive with respect to a
initiatives and career options by June 15, 2022. restriction on a case-by-case basis by certifying foreign country each limitation on the procure-
(e) The Secretary of Defense shall, with the in writing to the Committees on Appropriations ment of defense items from foreign sources pro-
submission of the department’s fiscal year 2023 of the House of Representatives and the Senate vided in law if the Secretary determines that the
budget request, submit a report presenting the that adequate domestic supplies are not avail- application of the limitation with respect to that
specific amounts of staff years of technical ef- able to meet Department of Defense require- country would invalidate cooperative programs
fort to be allocated for each defense FFRDC by ments on a timely basis and that such an acqui- entered into between the Department of Defense
program during that fiscal year and the associ- sition must be made in order to acquire capa- and the foreign country, or would invalidate re-
ated budget estimates. bility for national security purposes: Provided ciprocal trade agreements for the procurement of
(f) Notwithstanding any other provision of further, That these restrictions shall not apply defense items entered into under section 2531 of
this Act, the total amount appropriated in this to contracts which are in being as of the date of title 10, United States Code, and the country
Act for FFRDCs is hereby reduced by the enactment of this Act. does not discriminate against the same or simi-
$63,840,000: Provided, That this subsection shall SEC. 8033. (a)(1) If the Secretary of Defense, lar defense items produced in the United States
not apply to appropriations for the National In- after consultation with the United States Trade for that country.
telligence Program and Military Intelligence Representative, determines that a foreign coun- (b) Subsection (a) applies with respect to—
Program. try which is party to an agreement described in (1) contracts and subcontracts entered into on
SEC. 8028. For the purposes of this Act, the paragraph (2) has violated the terms of the or after the date of the enactment of this Act;
term ‘‘congressional defense committees’’ means agreement by discriminating against certain and
the Armed Services Committee of the House of types of products produced in the United States (2) options for the procurement of items that
Representatives, the Armed Services Committee that are covered by the agreement, the Secretary are exercised after such date under contracts
of the Senate, the Subcommittee on Defense of of Defense shall rescind the Secretary’s blanket that are entered into before such date if the op-
the Committee on Appropriations of the Senate, waiver of the Buy American Act with respect to tion prices are adjusted for any reason other
and the Subcommittee on Defense of the Com- such types of products produced in that foreign than the application of a waiver granted under
mittee on Appropriations of the House of Rep- country. subsection (a).
resentatives. (c) Subsection (a) does not apply to a limita-
(2) An agreement referred to in paragraph (1)
SEC. 8029. For the purposes of this Act, the tion regarding construction of public vessels,
is any reciprocal defense procurement memo-
term ‘‘congressional intelligence committees’’ ball and roller bearings, food, and clothing or
randum of understanding, between the United
means the Permanent Select Committee on Intel- textile materials as defined by section XI (chap-
States and a foreign country pursuant to which
ligence of the House of Representatives, the Se- ters 50–65) of the Harmonized Tariff Schedule of
the Secretary of Defense has prospectively
lect Committee on Intelligence of the Senate, the the United States and products classified under
waived the Buy American Act for certain prod-
Subcommittee on Defense of the Committee on headings 4010, 4202, 4203, 6401 through 6406,
ucts in that country.
Appropriations of the House of Representatives, 6505, 7019, 7218 through 7229, 7304.41 through
(b) The Secretary of Defense shall submit to
and the Subcommittee on Defense of the Com- 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
the Congress a report on the amount of Depart-
mittee on Appropriations of the Senate. 8109, 8211, 8215, and 9404.
SEC. 8030. During the current fiscal year, the ment of Defense purchases from foreign entities SEC. 8038. None of the funds made available in
Department of Defense may acquire the modi- in fiscal year 2022. Such report shall separately this Act, or any subsequent Act making appro-
fication, depot maintenance and repair of air- indicate the dollar value of items for which the priations for the Department of Defense, may be
craft, vehicles and vessels as well as the produc- Buy American Act was waived pursuant to any used for the purchase or manufacture of a flag
tion of components and other Defense-related agreement described in subsection (a)(2), the of the United States unless such flags are treat-
articles, through competition between Depart- Trade Agreements Act of 1979 (19 U.S.C. 2501 et ed as covered items under section 2533a(b) of
ment of Defense depot maintenance activities seq.), or any international agreement to which title 10, United States Code.
and private firms: Provided, That the Senior Ac- the United States is a party. SEC. 8039. During the current fiscal year,
quisition Executive of the military department (c) For purposes of this section, the term ‘‘Buy amounts contained in the Department of De-
or Defense Agency concerned, with power of American Act’’ means chapter 83 of title 41, fense Overseas Military Facility Investment Re-
delegation, shall certify that successful bids in- United States Code. covery Account shall be available until ex-
clude comparable estimates of all direct and in- SEC. 8034. None of the funds appropriated by pended for the payments specified by section
direct costs for both public and private bids: this Act may be used for the procurement of ball 2687a(b)(2) of title 10, United States Code.
Provided further, That Office of Management and roller bearings other than those produced SEC. 8040. During the current fiscal year, ap-
and Budget Circular A–76 shall not apply to by a domestic source and of domestic origin: propriations which are available to the Depart-
competitions conducted under this section. Provided, That the Secretary of the military de- ment of Defense for operation and maintenance
SEC. 8031. (a) None of the funds appropriated partment responsible for such procurement may may be used to purchase items having an invest-
in this Act may be expended by an entity of the waive this restriction on a case-by-case basis by ment item unit cost of not more than $250,000:
Department of Defense unless the entity, in ex- certifying in writing to the Committees on Ap- Provided, That upon determination by the Sec-
pending the funds, complies with the Buy Amer- propriations of the House of Representatives retary of Defense that such action is necessary
ican Act. For purposes of this subsection, the and the Senate, that adequate domestic supplies to meet the operational requirements of a Com-
term ‘‘Buy American Act’’ means chapter 83 of are not available to meet Department of Defense mander of a Combatant Command engaged in a
title 41, United States Code. requirements on a timely basis and that such an named contingency operation overseas, such
(b) If the Secretary of Defense determines that acquisition must be made in order to acquire ca- funds may be used to purchase items having an
a person has been convicted of intentionally pability for national security purposes: Provided investment item unit cost of not more than
affixing a label bearing a ‘‘Made in America’’ further, That this restriction shall not apply to $500,000.
inscription to any product sold in or shipped to the purchase of ‘‘commercial products’’, as de- SEC. 8041. Amounts appropriated or otherwise
the United States that is not made in America, fined by section 103 of title 41, United States made available to the Department of Defense in
the Secretary shall determine, in accordance Code, except that the restriction shall apply to this Act, may not be obligated or expended for
with section 2410f of title 10, United States Code, ball or roller bearings purchased as end items. the retirement or divestiture of the RQ–4 Global
whether the person should be debarred from SEC. 8035. In addition to any other funds Hawk Block 40 aircraft: Provided, That the Sec-
contracting with the Department of Defense. made available for such purposes, including retary of the Air Force is prohibited from deacti-
(c) In the case of any equipment or products pursuant to section 98h of title 50, United States vating the corresponding squadrons responsible
purchased with appropriations provided under Code, or elsewhere in this Act, there is appro- for the operations of the aforementioned air-
this Act, it is the sense of the Congress that any priated $125,000,000, for an additional amount craft.
entity of the Department of Defense, in expend- for ‘‘National Defense Stockpile Transaction SEC. 8042. Up to $11,120,000 of the funds ap-
ing the appropriation, purchase only American- Fund’’, to remain available until September 30, propriated under the heading ‘‘Operation and
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made equipment and products, provided that 2024, which shall only be used for the acquisi- Maintenance, Navy’’ may be made available for
American-made equipment and products are tion and retention of certain materials, as speci- the Asia Pacific Regional Initiative Program for
cost-competitive, quality competitive, and avail- fied in the classified annex accompanying this the purpose of enabling the United States Indo-
able in a timely fashion. Act: Provided, That none of the funds provided Pacific Command to execute Theater Security
SEC. 8032. None of the funds appropriated or under this section may be obligated or expended Cooperation activities such as humanitarian as-
made available in this Act shall be used to pro- until 90 days after the Secretary of Defense pro- sistance, and payment of incremental and per-
cure carbon, alloy, or armor steel plate for use vides the congressional defense committees a de- sonnel costs of training and exercising with for-
in any Government-owned facility or property tailed execution plan for these funds. eign security forces: Provided, That funds made
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H1464 CONGRESSIONAL RECORD — HOUSE March 9, 2022
available for this purpose may be used, notwith- resentatives and the Senate that the granting of (c) The conversion of any activity or function
standing any other funding authorities for hu- the waiver will reduce the personnel require- of the Department of Defense under the author-
manitarian assistance, security assistance or ments or the financial requirements of the de- ity provided by this section shall be credited to-
combined exercise expenses: Provided further, partment. ward any competitive or outsourcing goal, tar-
That funds may not be obligated to provide as- (c) This section does not apply to— get, or measurement that may be established by
sistance to any foreign country that is otherwise (1) field operating agencies funded within the statute, regulation, or policy and is deemed to
prohibited from receiving such type of assistance National Intelligence Program; be awarded under the authority of, and in com-
under any other provision of law. (2) an Army field operating agency established pliance with, subsection (h) of section 2304 of
SEC. 8043. The Secretary of Defense shall issue to eliminate, mitigate, or counter the effects of title 10, United States Code, for the competition
regulations to prohibit the sale of any tobacco improvised explosive devices, and, as determined or outsourcing of commercial activities.
or tobacco-related products in military resale by the Secretary of the Army, other similar (RESCISSIONS)
outlets in the United States, its territories and threats;
(3) an Army field operating agency established SEC. 8048. Of the funds appropriated in De-
possessions at a price below the most competitive partment of Defense Appropriations Acts, the
price in the local community: Provided, That to improve the effectiveness and efficiencies of
biometric activities and to integrate common bio- following funds are hereby rescinded from the
such regulations shall direct that the prices of following accounts and programs in the speci-
tobacco or tobacco-related products in overseas metric technologies throughout the Department
of Defense; or fied amounts: Provided, That no amounts may
military retail outlets shall be within the range be rescinded from amounts that were designated
of prices established for military retail system (4) an Air Force field operating agency estab-
lished to administer the Air Force Mortuary Af- by the Congress as an emergency requirement
stores located in the United States. pursuant to a concurrent resolution on the
SEC. 8044. (a) During the current fiscal year, fairs Program and Mortuary Operations for the
Department of Defense and authorized Federal budget or the Balanced Budget and Emergency
none of the appropriations or funds available to
entities. Deficit Control Act of 1985:
the Department of Defense Working Capital ‘‘Missile Procurement, Army’’, 2020/2022,
Funds shall be used for the purchase of an in- SEC. 8047. (a) None of the funds appropriated
by this Act shall be available to convert to con- $6,953,000;
vestment item for the purpose of acquiring a ‘‘Procurement of Weapons and Tracked Com-
new inventory item for sale or anticipated sale tractor performance an activity or function of
the Department of Defense that, on or after the bat Vehicles, Army’’, 2020/2022, $4,500,000;
during the current fiscal year or a subsequent ‘‘Other Procurement, Army’’, 2020/2022,
fiscal year to customers of the Department of date of the enactment of this Act, is performed
$13,000,000;
Defense Working Capital Funds if such an item by Department of Defense civilian employees
‘‘Other Procurement, Navy’’, 2020/2022,
would not have been chargeable to the Depart- unless—
$3,500,000;
(1) the conversion is based on the result of a
ment of Defense Business Operations Fund dur- ‘‘Aircraft Procurement, Air Force’’, 2020/2022,
public-private competition that includes a most
ing fiscal year 1994 and if the purchase of such $153,485,000;
efficient and cost effective organization plan de- ‘‘Missile Procurement, Air Force’’, 2020/2022,
an investment item would be chargeable during
veloped by such activity or function; $40,000,000;
the current fiscal year to appropriations made (2) the Competitive Sourcing Official deter-
to the Department of Defense for procurement. ‘‘Other Procurement, Air Force’’, 2020/2022,
mines that, over all performance periods stated $38,000,000;
(b) The fiscal year 2023 budget request for the
in the solicitation of offers for performance of ‘‘Operation and Maintenance, Defense-
Department of Defense as well as all justifica-
the activity or function, the cost of performance Wide’’, 2021/2022, $101,000,000;
tion material and other documentation sup-
of the activity or function by a contractor would ‘‘Afghanistan Security Forces Fund’’, 2021/
porting the fiscal year 2023 Department of De-
be less costly to the Department of Defense by 2022, $700,000,000;
fense budget shall be prepared and submitted to
an amount that equals or exceeds the lesser of— ‘‘Counter-ISIS Train and Equip Fund’’, 2021/
the Congress on the basis that any equipment (A) 10 percent of the most efficient organiza- 2022, $250,000,000;
which was classified as an end item and funded tion’s personnel-related costs for performance of ‘‘Aircraft Procurement, Army’’, 2021/2023,
in a procurement appropriation contained in that activity or function by Federal employees; $5,000,000;
this Act shall be budgeted for in a proposed fis- or ‘‘Procurement of Weapons and Tracked Com-
cal year 2023 procurement appropriation and (B) $10,000,000; and bat Vehicles, Army’’, 2021/2023, $4,533,000;
not in the supply management business area or (3) the contractor does not receive an advan- ‘‘Procurement of Ammunition, Army’’, 2021/
any other area or category of the Department of tage for a proposal that would reduce costs for 2023, $64,754,000;
Defense Working Capital Funds. the Department of Defense by— ‘‘Other Procurement, Army’’, 2021/2023,
SEC. 8045. None of the funds appropriated by (A) not making an employer-sponsored health $3,177,000;
this Act for programs of the Central Intelligence insurance plan available to the workers who are ‘‘Aircraft Procurement, Navy’’, 2021/2023,
Agency shall remain available for obligation be- to be employed in the performance of that activ- $51,782,000;
yond the current fiscal year, except for funds ity or function under the contract; or ‘‘Weapons Procurement, Navy’’, 2021/2023,
appropriated for the Reserve for Contingencies, (B) offering to such workers an employer- $37,035,000;
which shall remain available until September 30, sponsored health benefits plan that requires the ‘‘Procurement of Ammunition, Navy and Ma-
2023: Provided, That funds appropriated, trans- employer to contribute less towards the premium rine Corps’’, 2021/2023, $5,194,000;
ferred, or otherwise credited to the Central In- or subscription share than the amount that is ‘‘Shipbuilding and Conversion, Navy: DDG–51
telligence Agency Central Services Working paid by the Department of Defense for health Destroyer (AP)’’, 2021/2025, $130,000,000;
Capital Fund during this or any prior or subse- benefits for civilian employees under chapter 89 ‘‘Other Procurement, Navy’’, 2021/2023,
quent fiscal year shall remain available until ex- of title 5, United States Code. $49,325,000;
pended: Provided further, That any funds ap- (b)(1) The Department of Defense, without re- ‘‘Procurement, Marine Corps’’, 2021/2023,
propriated or transferred to the Central Intel- gard to subsection (a) of this section or sub- $80,109,000;
‘‘Aircraft Procurement, Air Force’’, 2021/2023,
ligence Agency for advanced research and de- section (a), (b), or (c) of section 2461 of title 10,
$690,775,000;
velopment acquisition, for agent operations, and United States Code, and notwithstanding any
‘‘Procurement, Space Force’’, 2021/2023,
for covert action programs authorized by the administrative regulation, requirement, or policy
$35,700,000;
President under section 503 of the National Se- to the contrary shall have full authority to ‘‘Procurement of Ammunition, Air Force’’,
curity Act of 1947 (50 U.S.C. 3093) shall remain enter into a contract for the performance of any 2021/2023, $351,689,000;
available until September 30, 2023: Provided fur- commercial or industrial type function of the ‘‘Other Procurement, Air Force’’, 2021/2023,
ther, That any funds appropriated or trans- Department of Defense that— $79,390,000;
ferred to the Central Intelligence Agency for the (A) is included on the procurement list estab- ‘‘Research, Development, Test and Evalua-
construction, improvement, or alteration of fa- lished pursuant to section 2 of the Javits-Wag- tion, Army’’, 2021/2022, $79,585,000;
cilities, including leased facilities, to be used ner-O’Day Act (section 8503 of title 41, United ‘‘Research, Development, Test and Evalua-
primarily by personnel of the intelligence com- States Code); tion, Navy’’, 2021/2022, $68,022,000;
munity shall remain available until September (B) is planned to be converted to performance ‘‘Research, Development, Test and Evalua-
30, 2024. by a qualified nonprofit agency for the blind or tion, Space Force’’, 2021/2022, $120,500,000;
SEC. 8046. (a) Except as provided in sub- by a qualified nonprofit agency for other se- ‘‘Research, Development, Test and Evalua-
sections (b) and (c), none of the funds made verely handicapped individuals in accordance tion, Defense-Wide’’, 2021/2022, $108,717,000; and
available by this Act may be used— with that Act; or ‘‘Defense Counterintelligence and Security
(1) to establish a field operating agency; or (C) is planned to be converted to performance Agency Working Capital Fund’’, 2021/XXXX,
(2) to pay the basic pay of a member of the by a qualified firm under at least 51 percent $30,000,000.
Armed Forces or civilian employee of the depart- ownership by an Indian tribe, as defined in sec- SEC. 8049. None of the funds available in this
ment who is transferred or reassigned from a tion 4(e) of the Indian Self-Determination and Act may be used to reduce the authorized posi-
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headquarters activity if the member or employ- Education Assistance Act (25 U.S.C. 450b(e)), or tions for military technicians (dual status) of
ee’s place of duty remains at the location of that a Native Hawaiian Organization, as defined in the Army National Guard, Air National Guard,
headquarters. section 8(a)(15) of the Small Business Act (15 Army Reserve and Air Force Reserve for the
(b) The Secretary of Defense or Secretary of a U.S.C. 637(a)(15)). purpose of applying any administratively im-
military department may waive the limitations (2) This section shall not apply to depot con- posed civilian personnel ceiling, freeze, or reduc-
in subsection (a), on a case-by-case basis, if the tracts or contracts for depot maintenance as tion on military technicians (dual status), un-
Secretary determines, and certifies to the Com- provided in sections 2469 and 2474 of title 10, less such reductions are a direct result of a re-
mittees on Appropriations of the House of Rep- United States Code. duction in military force structure.
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1465
SEC. 8050. None of the funds appropriated or ferred to appropriations available for the pay of ational training, operational use or inventory
otherwise made available in this Act may be ob- military personnel, to be merged with, and to be requirements: Provided, That this restriction
ligated or expended for assistance to the Demo- available for the same time period as the appro- does not apply to end-items used in develop-
cratic People’s Republic of Korea unless specifi- priations to which transferred, to be used in ment, prototyping, and test activities preceding
cally appropriated for that purpose: Provided, support of such personnel in connection with and leading to acceptance for operational use:
That this restriction shall not apply to any ac- support and services for eligible organizations Provided further, That this restriction does not
tivities incidental to the Defense POW/MIA Ac- and activities outside the Department of Defense apply to programs funded within the National
counting Agency mission to recover and identify pursuant to section 2012 of title 10, United Intelligence Program: Provided further, That
the remains of United States Armed Forces per- States Code. the Secretary of Defense shall, at the time of the
sonnel from the Democratic People’s Republic of SEC. 8057. During the current fiscal year, in submittal to Congress of the budget of the Presi-
Korea. the case of an appropriation account of the De- dent for fiscal year 2023 pursuant to section 1105
SEC. 8051. Funds appropriated in this Act for partment of Defense for which the period of of title 31, United States Code, submit to the
operation and maintenance of the Military De- availability for obligation has expired or which congressional defense committees a report detail-
partments, Combatant Commands and Defense has closed under the provisions of section 1552 ing the use of funds requested in research, de-
Agencies shall be available for reimbursement of of title 31, United States Code, and which has a velopment, test and evaluation accounts for
pay, allowances and other expenses which negative unliquidated or unexpended balance, end-items used in development, prototyping and
would otherwise be incurred against appropria- an obligation or an adjustment of an obligation test activities preceding and leading to accept-
tions for the National Guard and Reserve when may be charged to any current appropriation ance for operational use: Provided further, That
members of the National Guard and Reserve account for the same purpose as the expired or the report shall set forth, for each end-item cov-
provide intelligence or counterintelligence sup- closed account if— ered by the preceding proviso, a detailed list of
port to Combatant Commands, Defense Agencies (1) the obligation would have been properly the statutory authorities under which amounts
and Joint Intelligence Activities, including the chargeable (except as to amount) to the expired in the accounts described in that proviso were
activities and programs included within the Na- or closed account before the end of the period of used for such item: Provided further, That the
tional Intelligence Program and the Military In- availability or closing of that account; Secretary of Defense shall, at the time of the
telligence Program: Provided, That nothing in (2) the obligation is not otherwise properly submittal to Congress of the budget of the Presi-
this section authorizes deviation from estab- chargeable to any current appropriation ac- dent for fiscal year 2023 pursuant to section 1105
lished Reserve and National Guard personnel count of the Department of Defense; and of title 31, United States Code, submit to the
and training procedures. (3) in the case of an expired account, the obli- congressional defense committees a certification
SEC. 8052. (a) None of the funds available to gation is not chargeable to a current appropria- that funds requested for fiscal year 2023 in re-
the Department of Defense for any fiscal year tion of the Department of Defense under the search, development, test and evaluation are in
for drug interdiction or counter-drug activities provisions of section 1405(b)(8) of the National compliance with this section: Provided further,
may be transferred to any other department or Defense Authorization Act for Fiscal Year 1991, That the Secretary of Defense may waive this
agency of the United States except as specifi- Public Law 101–510, as amended (31 U.S.C. 1551 restriction on a case-by-case basis by certifying
cally provided in an appropriations law. note): Provided, That in the case of an expired in writing to the Committees on Appropriations
(b) None of the funds available to the Central account, if subsequent review or investigation of the House of Representatives and the Senate
Intelligence Agency for any fiscal year for drug discloses that there was not in fact a negative that it is in the national security interest to do
interdiction or counter-drug activities may be unliquidated or unexpended balance in the ac- so.
transferred to any other department or agency count, any charge to a current account under SEC. 8061. None of the funds appropriated or
of the United States except as specifically pro- the authority of this section shall be reversed otherwise made available by this or other De-
vided in an appropriations law. and recorded against the expired account: Pro- partment of Defense Appropriations Acts may be
SEC. 8053. In addition to the amounts appro- vided further, That the total amount charged to obligated or expended for the purpose of per-
priated or otherwise made available elsewhere in a current appropriation under this section may forming repairs or maintenance to military fam-
this Act, $49,000,000 is hereby appropriated to not exceed an amount equal to 1 percent of the ily housing units of the Department of Defense,
the Department of Defense: Provided, That total appropriation for that account: including areas in such military family housing
upon the determination of the Secretary of De- Provided, That the Under Secretary of Defense units that may be used for the purpose of con-
fense that it shall serve the national interest, (Comptroller) shall include with the budget of ducting official Department of Defense business.
the Secretary shall make grants in the amounts the President for fiscal year 2023 (as submitted SEC. 8062. Notwithstanding any other provi-
specified as follows: $24,000,000 to the United to Congress pursuant to section 1105 of title 31, sion of law, funds appropriated in this Act
Service Organizations and $25,000,000 to the Red United States Code) a statement describing each under the heading ‘‘Research, Development,
Cross. instance if any, during each of the fiscal years Test and Evaluation, Defense-Wide’’ for any
SEC. 8054. Notwithstanding any other provi- 2016 through 2022 in which the authority in this new start advanced concept technology dem-
sion in this Act, the Small Business Innovation section was exercised. onstration project or joint capability demonstra-
Research program and the Small Business Tech- SEC. 8058. (a) Notwithstanding any other pro- tion project may only be obligated 45 days after
nology Transfer program set-asides shall be vision of law, the Chief of the National Guard a report, including a description of the project,
taken proportionally from all programs, Bureau may permit the use of equipment of the the planned acquisition and transition strategy
projects, or activities to the extent they con- National Guard Distance Learning Project by and its estimated annual and total cost, has
tribute to the extramural budget. The Secretary any person or entity on a space-available, reim- been provided in writing to the congressional
of each military department, the Director of bursable basis. The Chief of the National Guard defense committees: Provided, That the Sec-
each Defense Agency, and the head of each Bureau shall establish the amount of reimburse- retary of Defense may waive this restriction on
other relevant component of the Department of ment for such use on a case-by-case basis. a case-by-case basis by certifying to the congres-
Defense shall submit to the congressional de- (b) Amounts collected under subsection (a) sional defense committees that it is in the na-
fense committees, concurrent with submission of shall be credited to funds available for the Na- tional interest to do so.
the budget justification documents to Congress tional Guard Distance Learning Project and be SEC. 8063. The Secretary of Defense shall con-
pursuant to section 1105 of title 31, United available to defray the costs associated with the tinue to provide a classified quarterly report to
States Code, a report with a detailed accounting use of equipment of the project under that sub- the Committees on Appropriations of the House
of the Small Business Innovation Research pro- section. Such funds shall be available for such of Representatives and the Senate, Subcommit-
gram and the Small Business Technology Trans- purposes without fiscal year limitation. tees on Defense on certain matters as directed in
fer program set-asides taken from programs, the classified annex accompanying this Act.
(INCLUDING TRANSFER OF FUNDS) SEC. 8064. Notwithstanding section 12310(b) of
projects, or activities within such department, SEC. 8059. Of the funds appropriated in this title 10, United States Code, a Reserve who is a
agency, or component during the most recently Act under the heading ‘‘Operation and Mainte- member of the National Guard serving on full-
completed fiscal year. nance, Defense-Wide’’, $47,000,000 shall be for time National Guard duty under section 502(f)
SEC. 8055. None of the funds available to the continued implementation and expansion of the of title 32, United States Code, may perform du-
Department of Defense under this Act shall be Sexual Assault Special Victims’ Counsel Pro- ties in support of the ground-based elements of
obligated or expended to pay a contractor under gram: Provided, That the funds are made avail- the National Ballistic Missile Defense System.
a contract with the Department of Defense for able for transfer to the Department of the Army, SEC. 8065. None of the funds provided in this
costs of any amount paid by the contractor to the Department of the Navy, and the Depart- Act may be used to transfer to any nongovern-
an employee when— ment of the Air Force: Provided further, That mental entity ammunition held by the Depart-
(1) such costs are for a bonus or otherwise in ment of Defense that has a center-fire cartridge
funds transferred shall be merged with and
excess of the normal salary paid by the con- and a United States military nomenclature des-
available for the same purposes and for the
rfrederick on DSKBCBPHB2PROD with HOUSE
tractor to the employee; and ignation of ‘‘armor penetrator’’, ‘‘armor piercing
same time period as the appropriations to which
(2) such bonus is part of restructuring costs
the funds are transferred: Provided further, (AP)’’, ‘‘armor piercing incendiary (API)’’, or
associated with a business combination.
That this transfer authority is in addition to ‘‘armor-piercing incendiary tracer (API–T)’’, ex-
(INCLUDING TRANSFER OF FUNDS) any other transfer authority provided in this cept to an entity performing demilitarization
SEC. 8056. During the current fiscal year, no Act. services for the Department of Defense under a
more than $30,000,000 of appropriations made in SEC. 8060. None of the funds appropriated in contract that requires the entity to demonstrate
this Act under the heading ‘‘Operation and title IV of this Act may be used to procure end- to the satisfaction of the Department of Defense
Maintenance, Defense-Wide’’ may be trans- items for delivery to military forces for oper- that armor piercing projectiles are either: (1)
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H1466 CONGRESSIONAL RECORD — HOUSE March 9, 2022
rendered incapable of reuse by the demilitariza- present the proposed alternatives and certifi- tional Defense Authorization Act for Fiscal
tion process; or (2) used to manufacture ammu- cations to the congressional defense and intel- Year 2003 (10 U.S.C. 2302 note) after the date of
nition pursuant to a contract with the Depart- ligence committees. the enactment of this Act shall be submitted
ment of Defense or the manufacture of ammuni- SEC. 8069. In addition to amounts provided pursuant to that requirement concurrently to
tion for export pursuant to a License for Perma- elsewhere in this Act, $5,000,000 is hereby appro- the Subcommittees on Defense of the Committees
nent Export of Unclassified Military Articles priated to the Department of Defense, to remain on Appropriations of the House of Representa-
issued by the Department of State. available for obligation until expended: Pro- tives and the Senate.
SEC. 8066. Notwithstanding any other provi- vided, That notwithstanding any other provi- (INCLUDING TRANSFER OF FUNDS)
sion of law, the Chief of the National Guard sion of law, that upon the determination of the
Bureau, or his designee, may waive payment of Secretary of Defense that it shall serve the na- SEC. 8075. Of the amounts appropriated in this
all or part of the consideration that otherwise tional interest, these funds shall be available Act under the headings ‘‘Procurement, Defense-
would be required under section 2667 of title 10, only for a grant to the Fisher House Founda- Wide’’ and ‘‘Research, Development, Test and
United States Code, in the case of a lease of per- tion, Inc., only for the construction and fur- Evaluation, Defense-Wide’’, $500,000,000 shall be
sonal property for a period not in excess of 1 nishing of additional Fisher Houses to meet the for the Israeli Cooperative Programs: Provided,
year to any organization specified in section needs of military family members when con- That of this amount, $108,000,000 shall be for the
508(d) of title 32, United States Code, or any fronted with the illness or hospitalization of an Secretary of Defense to provide to the Govern-
other youth, social, or fraternal nonprofit orga- eligible military beneficiary. ment of Israel for the procurement of the Iron
nization as may be approved by the Chief of the (INCLUDING TRANSFER OF FUNDS)
Dome defense system to counter short-range
National Guard Bureau, or his designee, on a rocket threats, subject to the U.S.-Israel Iron
SEC. 8070. In addition to amounts made avail- Dome Procurement Agreement, as amended;
case-by-case basis.
able elsewhere in this Act, $200,000,000 is hereby $157,000,000 shall be for the Short Range Bal-
(INCLUDING TRANSFER OF FUNDS) appropriated to the Department of Defense and
SEC. 8067. Of the amounts appropriated in this listic Missile Defense (SRBMD) program, includ-
made available for transfer to the operation and ing cruise missile defense research and develop-
Act under the heading ‘‘Operation and Mainte- maintenance accounts and research, develop-
nance, Army’’, $152,925,875 shall remain avail- ment under the SRBMD program, of which
ment, test and evaluation accounts of the Army, $30,000,000 shall be for co-production activities
able until expended: Provided, That, notwith- Navy, Marine Corps, Air Force, and Space
standing any other provision of law, the Sec- of SRBMD systems in the United States and in
Force for purposes of improving tactical artifi- Israel to meet Israel’s defense requirements con-
retary of Defense is authorized to transfer such cial intelligence at the Combatant Commands:
funds to other activities of the Federal Govern- sistent with each nation’s laws, regulations,
Provided, That none of the funds provided and procedures, subject to the U.S.-Israeli co-
ment: Provided further, That the Secretary of under this section may be obligated or expended
Defense is authorized to enter into and carry production agreement for SRBMD, as amended;
until 90 days after the Secretary of Defense pro- $62,000,000 shall be for an upper-tier component
out contracts for the acquisition of real prop- vides to the congressional defense committees an
erty, construction, personal services, and oper- to the Israeli Missile Defense Architecture, of
execution plan: Provided further, That not less which $62,000,000 shall be for co-production ac-
ations related to projects carrying out the pur- than 30 days prior to any transfer of funds, the
poses of this section: Provided further, That tivities of Arrow 3 Upper Tier systems in the
Secretary of Defense shall notify the congres- United States and in Israel to meet Israel’s de-
contracts entered into under the authority of sional defense committees of the details of any
this section may provide for such indemnifica- fense requirements consistent with each nation’s
such transfer: Provided further, That upon laws, regulations, and procedures, subject to the
tion as the Secretary determines to be necessary: transfer, the funds shall be merged with and
Provided further, That projects authorized by U.S.-Israeli co-production agreement for Arrow
available for the same purposes, and for the 3 Upper Tier, as amended; and $173,000,000 shall
this section shall comply with applicable Fed- same time period, as the appropriation to which
eral, State, and local law to the maximum extent be for the Arrow System Improvement Program
transferred: Provided further, That the transfer including development of a long range, ground
consistent with the national security, as deter- authority provided under this section is in addi-
mined by the Secretary of Defense. and airborne, detection suite: Provided further,
tion to any other transfer authority provided That the transfer authority provided under this
SEC. 8068. (a) None of the funds appropriated elsewhere in this Act.
in this or any other Act may be used to take any provision is in addition to any other transfer
(INCLUDING TRANSFER OF FUNDS) authority contained in this Act.
action to modify—
(1) the appropriations account structure for SEC. 8071. During the current fiscal year, not SEC. 8076. Of the amounts appropriated in this
the National Intelligence Program budget, in- to exceed $11,000,000 from each of the appropria- Act under the heading ‘‘Shipbuilding and Con-
cluding through the creation of a new appro- tions made in title II of this Act for ‘‘Operation version, Navy’’, $660,795,000 shall be available
priation or new appropriation account; and Maintenance, Army’’, ‘‘Operation and until September 30, 2022, to fund prior year ship-
(2) how the National Intelligence Program Maintenance, Navy’’, and ‘‘Operation and building cost increases for the following pro-
budget request is presented in the unclassified Maintenance, Air Force’’ may be transferred by grams:
P–1, R–1, and O–1 documents supporting the De- the military department concerned to its central (1) Under the heading ‘‘Shipbuilding and
partment of Defense budget request; fund established for Fisher Houses and Suites Conversion, Navy’’, 2013/2022: Carrier Replace-
(3) the process by which the National Intel- pursuant to section 2493(d) of title 10, United ment Program $291,000,000;
ligence Program appropriations are apportioned States Code. (2) Under the heading ‘‘Shipbuilding and
to the executing agencies; or (INCLUDING TRANSFER OF FUNDS) Conversion, Navy’’, 2015/2022: DDG–51 Destroyer
(4) the process by which the National Intel- $44,577,000;
SEC. 8072. Of the amounts appropriated for
ligence Program appropriations are allotted, ob-
‘‘Operation and Maintenance, Navy’’, up to (3) Under the heading ‘‘Shipbuilding and
ligated and disbursed.
(b) Nothing in subsection (a) shall be con- $1,000,000 shall be available for transfer to the Conversion, Navy’’, 2016/2022: DDG–51 Destroyer
strued to prohibit the merger of programs or John C. Stennis Center for Public Service Devel- $1,176,000;
changes to the National Intelligence Program opment Trust Fund established under section (4) Under the heading ‘‘Shipbuilding and
budget at or below the Expenditure Center level, 116 of the John C. Stennis Center for Public Conversion, Navy’’, 2016/2022: TAO Fleet Oiler
provided such change is otherwise in accord- Service Training and Development Act (2 U.S.C. $23,358,000;
ance with paragraphs (1)–(3) of subsection (a). 1105). (5) Under the heading ‘‘Shipbuilding and
(c) The Director of National Intelligence and SEC. 8073. None of the funds available to the Conversion, Navy’’, 2016/2022: Littoral Combat
the Secretary of Defense may jointly, only for Department of Defense may be obligated to mod- Ship $24,860,000;
the purposes of achieving auditable financial ify command and control relationships to give
(6) Under the heading ‘‘Shipbuilding and
statements and improving fiscal reporting, study Fleet Forces Command operational and adminis-
Conversion, Navy’’, 2016/2022: CVN Refueling
and develop detailed proposals for alternative fi- trative control of United States Navy forces as-
Overhauls $158,800,000;
nancial management processes. Such study shall signed to the Pacific fleet: Provided, That the
command and control relationships which ex- (7) Under the heading ‘‘Shipbuilding and
include a comprehensive counterintelligence risk Conversion, Navy’’, 2017/2022: LPD–17
assessment to ensure that none of the alter- isted on October 1, 2004, shall remain in force
until a written modification has been proposed $53,682,000;
native processes will adversely affect counter- (8) Under the heading ‘‘Shipbuilding and
intelligence. to the Committees on Appropriations of the
House of Representatives and the Senate: Pro- Conversion, Navy’’, 2017/2022: Littoral Combat
(d) Upon development of the detailed pro-
vided further, That the proposed modification Ship $20,000,000; and
posals defined under subsection (c), the Director
of National Intelligence and the Secretary of may be implemented 30 days after the notifica- (9) Under the heading ‘‘Shipbuilding and
Defense shall— tion unless an objection is received from either Conversion, Navy’’, 2018/2022: TAO Fleet Oiler
(1) provide the proposed alternatives to all af- the House or Senate Appropriations Committees: $43,342,000.
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fected agencies; Provided further, That any proposed modifica- SEC. 8077. Funds appropriated by this Act, or
(2) receive certification from all affected agen- tion shall not preclude the ability of the com- made available by the transfer of funds in this
cies attesting that the proposed alternatives will mander of United States Indo-Pacific Command Act, for intelligence activities are deemed to be
help achieve auditability, improve fiscal report- to meet operational requirements. specifically authorized by the Congress for pur-
ing, and will not adversely affect counterintel- SEC. 8074. Any notice that is required to be poses of section 504 of the National Security Act
ligence; and submitted to the Committees on Appropriations of 1947 (50 U.S.C. 3094) during fiscal year 2022
(3) not later than 30 days after receiving all of the House of Representatives and the Senate until the enactment of the Intelligence Author-
necessary certifications under paragraph (2), under section 806(c)(4) of the Bob Stump Na- ization Act for Fiscal Year 2022.
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1467
SEC. 8078. None of the funds provided in this duce or disestablish the operation of the 53rd obligation or expenditure through a reprogram-
Act shall be available for obligation or expendi- Weather Reconnaissance Squadron of the Air ming or transfer of funds in accordance with
ture through a reprogramming of funds that cre- Force Reserve, if such action would reduce the section 102A(d) of the National Security Act of
ates or initiates a new program, project, or ac- WC–130 Weather Reconnaissance mission below 1947 (50 U.S.C. 3024(d)) that—
tivity unless such program, project, or activity the levels funded in this Act: Provided, That the (1) creates a new start effort;
must be undertaken immediately in the interest Air Force shall allow the 53rd Weather Recon- (2) terminates a program with appropriated
of national security and only after written prior naissance Squadron to perform other missions in funding of $10,000,000 or more;
notification to the congressional defense com- support of national defense requirements during (3) transfers funding into or out of the Na-
mittees. the non-hurricane season. tional Intelligence Program; or
SEC. 8079. The budget of the President for fis- SEC. 8084. None of the funds provided in this
cal year 2023 submitted to the Congress pursu- (4) transfers funding between appropriations,
Act shall be available for integration of foreign
ant to section 1105 of title 31, United States unless the congressional intelligence committees
intelligence information unless the information
Code, shall include separate budget justification are notified 30 days in advance of such re-
has been lawfully collected and processed dur- programming of funds; this notification period
documents for costs of United States Armed ing the conduct of authorized foreign intel-
Forces’ participation in contingency operations may be reduced for urgent national security re-
ligence activities: Provided, That information quirements.
for the Military Personnel accounts, the Oper- pertaining to United States persons shall only
ation and Maintenance accounts, the Procure- (b) None of the funds provided for the Na-
be handled in accordance with protections pro-
ment accounts, and the Research, Development, tional Intelligence Program in this or any prior
vided in the Fourth Amendment of the United
Test and Evaluation accounts: Provided, That appropriations Act shall be available for obliga-
States Constitution as implemented through Ex-
these documents shall include a description of tion or expenditure through a reprogramming or
ecutive Order No. 12333.
the funding requested for each contingency op- SEC. 8085. (a) None of the funds appropriated transfer of funds in accordance with section
eration, for each military service, to include all by this Act may be used to transfer research and 102A(d) of the National Security Act of 1947 (50
Active and Reserve components, and for each development, acquisition, or other program au- U.S.C. 3024(d)) that results in a cumulative in-
appropriations account: Provided further, That thority relating to current tactical unmanned crease or decrease of the levels specified in the
these documents shall include estimated costs aerial vehicles (TUAVs) from the Army. classified annex accompanying the Act unless
for each element of expense or object class, a (b) The Army shall retain responsibility for the congressional intelligence committees are no-
reconciliation of increases and decreases for and operational control of the MQ–1C Gray tified 30 days in advance of such reprogramming
each contingency operation, and programmatic Eagle Unmanned Aerial Vehicle (UAV) in order of funds; this notification period may be re-
data including, but not limited to, troop to support the Secretary of Defense in matters duced for urgent national security requirements.
strength for each Active and Reserve compo- relating to the employment of unmanned aerial SEC. 8091. (a) Any agency receiving funds
nent, and estimates of the major weapons sys- vehicles. made available in this Act, shall, subject to sub-
tems deployed in support of each contingency: SEC. 8086. None of the funds appropriated by sections (b) and (c), post on the public Web site
Provided further, That these documents shall this Act for programs of the Office of the Direc- of that agency any report required to be sub-
include budget exhibits OP–5 and OP–32 (as de- tor of National Intelligence shall remain avail- mitted by the Congress in this or any other Act,
fined in the Department of Defense Financial able for obligation beyond the current fiscal upon the determination by the head of the agen-
Management Regulation) for all contingency year, except for funds appropriated for research cy that it shall serve the national interest.
operations for the budget year and the two pre- and technology, which shall remain available (b) Subsection (a) shall not apply to a report
ceding fiscal years. until September 30, 2023, and except for funds if—
(INCLUDING TRANSFER OF FUNDS) appropriated for the purchase of real property, (1) the public posting of the report com-
SEC. 8080. In addition to amounts made avail- which shall remain available until September 30, promises national security; or
able elsewhere in this Act, $50,000,000 is hereby 2024. (2) the report contains proprietary informa-
appropriated to the Department of Defense and SEC. 8087. For purposes of section 1553(b) of tion.
made available for transfer to the Department of title 31, United States Code, any subdivision of (c) The head of the agency posting such re-
Defense Acquisition Workforce Development Ac- appropriations made in this Act under the head- port shall do so only after such report has been
count and the operation and maintenance ac- ing ‘‘Shipbuilding and Conversion, Navy’’ shall made available to the requesting Committee or
counts of the Army, Navy, Marine Corps, Air be considered to be for the same purpose as any Committees of Congress for no less than 45 days.
Force, and Space Force for purposes of recruit- subdivision under the heading ‘‘Shipbuilding SEC. 8092. (a) None of the funds appropriated
ing and training the Department of Defense ar- and Conversion, Navy’’ appropriations in any or otherwise made available by this Act may be
tificial intelligence-literate acquisition work- prior fiscal year, and the 1 percent limitation expended for any Federal contract for an
force: Provided, That none of the funds pro- shall apply to the total amount of the appro- amount in excess of $1,000,000, unless the con-
vided under this section may be obligated or ex- priation. tractor agrees not to—
pended until 90 days after the Secretary of De- SEC. 8088. (a) Not later than 60 days after the
(1) enter into any agreement with any of its
fense provides to the congressional defense com- date of the enactment of this Act, the Director
employees or independent contractors that re-
mittees an execution plan: Provided further, of National Intelligence shall submit a report to
quires, as a condition of employment, that the
That not less than 30 days prior to any transfer the congressional intelligence committees to es-
employee or independent contractor agree to re-
of funds, the Secretary of Defense shall notify tablish the baseline for application of re-
solve through arbitration any claim under title
the congressional defense committees of the de- programming and transfer authorities for fiscal
VII of the Civil Rights Act of 1964 or any tort re-
tails of any such transfer: Provided further, year 2022: Provided, That the report shall in-
lated to or arising out of sexual assault or har-
That upon transfer, the funds shall be merged clude—
assment, including assault and battery, inten-
with and be available for the same purposes, (1) a table for each appropriation with a sepa-
tional infliction of emotional distress, false im-
and for the same time period, as the appropria- rate column to display the President’s budget re-
prisonment, or negligent hiring, supervision, or
tion to which transferred: Provided further, quest, adjustments made by Congress, adjust-
retention; or
That the transfer authority provided under this ments due to enacted rescissions, if appropriate,
section is in addition to any other transfer au- and the fiscal year enacted level; (2) take any action to enforce any provision of
thority provided elsewhere in this Act. (2) a delineation in the table for each appro- an existing agreement with an employee or inde-
SEC. 8081. None of the funds in this Act may priation by Expenditure Center and project; and pendent contractor that mandates that the em-
be used for research, development, test, evalua- (3) an identification of items of special con- ployee or independent contractor resolve
tion, procurement or deployment of nuclear gressional interest. through arbitration any claim under title VII of
armed interceptors of a missile defense system. (b) None of the funds provided for the Na- the Civil Rights Act of 1964 or any tort related
SEC. 8082. The Secretary of Defense may use tional Intelligence Program in this Act shall be to or arising out of sexual assault or harass-
up to $650,000,000 of the amounts appropriated available for reprogramming or transfer until ment, including assault and battery, intentional
or otherwise made available in this Act to the the report identified in subsection (a) is sub- infliction of emotional distress, false imprison-
Department of Defense for the rapid acquisition mitted to the congressional intelligence commit- ment, or negligent hiring, supervision, or reten-
and deployment of supplies and associated sup- tees, unless the Director of National Intelligence tion.
port services pursuant to section 806 of the Bob certifies in writing to the congressional intel- (b) None of the funds appropriated or other-
Stump National Defense Authorization Act for ligence committees that such reprogramming or wise made available by this Act may be ex-
Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. transfer is necessary as an emergency require- pended for any Federal contract unless the con-
2302 note), but only for the purposes specified in ment. tractor certifies that it requires each covered
clauses (i), (ii), (iii), and (iv) of subsection SEC. 8089. Any transfer of amounts appro- subcontractor to agree not to enter into, and not
(c)(3)(B) of such section and subject to the ap- priated to the Department of Defense Acquisi- to take any action to enforce any provision of,
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plicable limits specified in clauses (i), (ii), and tion Workforce Development Account in or for any agreement as described in paragraphs (1)
(iii) of such subsection and, in the case of clause fiscal year 2022 to a military department or De- and (2) of subsection (a), with respect to any
(iv) of such subsection, subject to a limit of fense Agency pursuant to section 1705(e)(1) of employee or independent contractor performing
$50,000,000: Provided, That the Secretary of De- title 10, United States Code, shall be covered by work related to such subcontract. For purposes
fense shall notify the congressional defense com- and subject to section 8005 of this Act. of this subsection, a ‘‘covered subcontractor’’ is
mittees promptly of all uses of this authority. SEC. 8090. (a) None of the funds provided for an entity that has a subcontract in excess of
SEC. 8083. None of the funds appropriated or the National Intelligence Program in this or any $1,000,000 on a contract subject to subsection
made available in this Act shall be used to re- prior appropriations Act shall be available for (a).
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H1468 CONGRESSIONAL RECORD — HOUSE March 9, 2022
(c) The prohibitions in this section do not $299,900,000, to remain available for obligation the United States: Auxiliary equipment (includ-
apply with respect to a contractor’s or sub- until September 30, 2026, may be used for the ing pumps) for shipboard services; propulsion
contractor’s agreements with employees or inde- purchase of five used sealift vessels for the Na- equipment (including engines, reduction gears,
pendent contractors that may not be enforced in tional Defense Reserve Fleet, established under and propellers); shipboard cranes; spreaders for
a court of the United States. section 11 of the Merchant Ship Sales Act of shipboard cranes; and anchor chains specifi-
(d) The Secretary of Defense may waive the 1946 (46 U.S.C. 57100): Provided, That such cally for the seventh and subsequent ships of
application of subsection (a) or (b) to a par- amounts are available for reimbursements to the the fleet.
ticular contractor or subcontractor for the pur- Ready Reserve Force, Maritime Administration (b) None of the funds provided in this Act for
poses of a particular contract or subcontract if account of the United States Department of the FFG(X) Frigate program shall be used to
the Secretary or the Deputy Secretary person- Transportation for programs, projects, activities, award a new contract that provides for the ac-
ally determines that the waiver is necessary to and expenses related to the National Defense quisition of the following components unless
avoid harm to national security interests of the Reserve Fleet: Provided further, That notwith- those components are manufactured in the
United States, and that the term of the contract standing section 2218 of title 10, United States United States: Air circuit breakers; gyro-
or subcontract is not longer than necessary to Code, none of these funds shall be transferred to compasses; electronic navigation chart systems;
avoid such harm. The determination shall set the National Defense Sealift Fund for execution. steering controls; pumps; propulsion and ma-
forth with specificity the grounds for the waiver SEC. 8098. The Secretary of Defense shall post chinery control systems; totally enclosed life-
and for the contract or subcontract term se- grant awards on a public website in a search- boats; auxiliary equipment pumps; shipboard
lected, and shall state any alternatives consid- able format. cranes; auxiliary chill water systems; and pro-
ered in lieu of a waiver and the reasons each SEC. 8099. None of the funds made available pulsion propellers: Provided, That the Secretary
such alternative would not avoid harm to na- by this Act may be used by the National Secu- of the Navy shall incorporate United States
tional security interests of the United States. rity Agency to— manufactured propulsion engines and propul-
The Secretary of Defense shall transmit to Con- (1) conduct an acquisition pursuant to section sion reduction gears into the FFG(X) Frigate
gress, and simultaneously make public, any de- 702 of the Foreign Intelligence Surveillance Act program beginning not later than with the elev-
termination under this subsection not less than of 1978 for the purpose of targeting a United enth ship of the program.
15 business days before the contract or sub- States person; or SEC. 8104. None of the funds provided in this
contract addressed in the determination may be (2) acquire, monitor, or store the contents (as Act for requirements development, performance
awarded. such term is defined in section 2510(8) of title 18, specification development, concept design and
United States Code) of any electronic commu- development, ship configuration development,
(INCLUDING TRANSFER OF FUNDS)
nication of a United States person from a pro- systems engineering, naval architecture, marine
SEC. 8093. From within the funds appropriated vider of electronic communication services to the
for operation and maintenance for the Defense engineering, operations research analysis, in-
public pursuant to section 501 of the Foreign In- dustry studies, preliminary design, development
Health Program in this Act, up to $137,000,000, telligence Surveillance Act of 1978.
shall be available for transfer to the Joint De- of the Detailed Design and Construction Re-
SEC. 8100. None of the funds made available in quest for Proposals solicitation package, or re-
partment of Defense-Department of Veterans Af- this or any other Act may be used to pay the
fairs Medical Facility Demonstration Fund in lated activities for the T–ARC(X) Cable Laying
salary of any officer or employee of any agency and Repair Ship or the T–AGOS(X) Oceano-
accordance with the provisions of section 1704 of funded by this Act who approves or implements
the National Defense Authorization Act for Fis- graphic Surveillance Ship may be used to award
the transfer of administrative responsibilities or a new contract for such activities unless these
cal Year 2010, Public Law 111–84: Provided, budgetary resources of any program, project, or
That for purposes of section 1704(b), the facility contracts include specifications that all auxil-
activity financed by this Act to the jurisdiction iary equipment, including pumps and propul-
operations funded are operations of the inte- of another Federal agency not financed by this
grated Captain James A. Lovell Federal Health sion shafts, are manufactured in the United
Act without the express authorization of Con- States.
Care Center, consisting of the North Chicago gress: Provided, That this limitation shall not
Veterans Affairs Medical Center, the Navy Am- SEC. 8105. None of the funds made available
apply to transfers of funds expressly provided by this Act may be obligated or expended for the
bulatory Care Center, and supporting facilities for in Defense Appropriations Acts, or provi-
designated as a combined Federal medical facil- purpose of decommissioning the USS Fort
sions of Acts providing supplemental appropria- Worth, the USS Detroit, or the USS Little Rock.
ity as described by section 706 of Public Law tions for the Department of Defense. SEC. 8106. No amounts credited or otherwise
110–417: Provided further, That additional funds SEC. 8101. Of the amounts appropriated in this made available in this or any other Act to the
may be transferred from funds appropriated for Act for ‘‘Operation and Maintenance, Navy’’, Department of Defense Acquisition Workforce
operation and maintenance for the Defense $435,032,000, to remain available until expended, Development Account may be transferred to:
Health Program to the Joint Department of De- may be used for any purposes related to the Na- (1) the Rapid Prototyping Fund established
fense-Department of Veterans Affairs Medical tional Defense Reserve Fleet established under under section 804(d) of the National Defense
Facility Demonstration Fund upon written noti- section 11 of the Merchant Ship Sales Act of Authorization Act for Fiscal Year 2016 (10
fication by the Secretary of Defense to the Com- 1946 (46 U.S.C. 57100): Provided, That such U.S.C. 2302 note); or
mittees on Appropriations of the House of Rep- amounts are available for reimbursements to the (2) credited to a military-department specific
resentatives and the Senate. Ready Reserve Force, Maritime Administration fund established under section 804(d)(2) of the
SEC. 8094. None of the funds appropriated or account of the United States Department of National Defense Authorization Act for Fiscal
otherwise made available by this Act may be Transportation for programs, projects, activities, Year 2016 (as amended by section 897 of the Na-
used by the Department of Defense or a compo- and expenses related to the National Defense tional Defense Authorization Act for Fiscal
nent thereof in contravention of the provisions Reserve Fleet. Year 2017).
of section 130h of title 10, United States Code. SEC. 8102. None of the funds made available in SEC. 8107. None of the funds made available
SEC. 8095. Appropriations available to the De- this Act may be obligated for activities author- by this Act may be used for Government Travel
partment of Defense may be used for the pur- ized under section 1208 of the Ronald W. Charge Card expenses by military or civilian
chase of heavy and light armored vehicles for Reagan National Defense Authorization Act for personnel of the Department of Defense for gam-
the physical security of personnel or for force Fiscal Year 2005 (Public Law 112–81; 125 Stat. ing, or for entertainment that includes topless or
protection purposes up to a limit of $450,000 per 1621) to initiate support for, or expand support nude entertainers or participants, as prohibited
vehicle, notwithstanding price or other limita- to, foreign forces, irregular forces, groups, or in- by Department of Defense FMR, Volume 9,
tions applicable to the purchase of passenger dividuals unless the congressional defense com- Chapter 3 and Department of Defense Instruc-
carrying vehicles. mittees are notified in accordance with the di- tion 1015.10 (enclosure 3, 14a and 14b).
(INCLUDING TRANSFER OF FUNDS) rection contained in the classified annex accom- SEC. 8108. (a) None of the funds made avail-
SEC. 8096. Upon a determination by the Direc- panying this Act, not less than 15 days before able in this Act may be used to maintain or es-
tor of National Intelligence that such action is initiating such support: Provided, That none of tablish a computer network unless such network
necessary and in the national interest, the Di- the funds made available in this Act may be is designed to block access to pornography
rector may, with the approval of the Office of used under section 1208 for any activity that is websites.
Management and Budget, transfer not to exceed not in support of an ongoing military operation (b) Nothing in subsection (a) shall limit the
$1,500,000,000 of the funds made available in this being conducted by United States Special Oper- use of funds necessary for any Federal, State,
Act for the National Intelligence Program: Pro- ations Forces to combat terrorism: Provided fur- tribal, or local law enforcement agency or any
vided, That such authority to transfer may not ther, That the Secretary of Defense may waive other entity carrying out criminal investiga-
be used unless for higher priority items, based the prohibitions in this section if the Secretary tions, prosecution, or adjudication activities, or
on unforeseen intelligence requirements, than determines that such waiver is required by ex- for any activity necessary for the national de-
those for which originally appropriated and in traordinary circumstances and, by not later fense, including intelligence activities.
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no case where the item for which funds are re- than 72 hours after making such waiver, notifies SEC. 8109. In addition to amounts provided
quested has been denied by the Congress: Pro- the congressional defense committees of such elsewhere in this Act, there is appropriated
vided further, That a request for multiple waiver. $516,233,000, for an additional amount for ‘‘Op-
reprogrammings of funds using authority pro- SEC. 8103. (a) None of the funds provided in eration and Maintenance, Defense-Wide’’, to re-
vided in this section shall be made prior to June this Act for the TAO Fleet Oiler program shall main available until expended: Provided, That
30, 2022. be used to award a new contract that provides such funds shall only be available to the Sec-
SEC. 8097. Of the amounts appropriated in this for the acquisition of the following components retary of Defense, acting through the Office of
Act for ‘‘Shipbuilding and Conversion, Navy’’, unless those components are manufactured in Local Defense Community Cooperation of the
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1469
Department of Defense, or for transfer to the SEC. 8113. (a) None of the funds made avail- (5) National Background Investigation Serv-
Secretary of Education, notwithstanding any able by this or any other Act may be used to ices (PE 0608197V);
other provision of law, to make grants, conclude enter into a contract, memorandum of under- (6) Global Command and Control System-Joint
cooperative agreements, or supplement other standing, or cooperative agreement with, make a (PE 0308150K);
Federal funds to construct, renovate, repair, or grant to, or provide a loan or loan guarantee to (7) Algorithmic Warfare Cross Functional
expand elementary and secondary public any corporation that has any unpaid Federal Team (PE 0308588D8Z); and
schools on military installations in order to ad- tax liability that has been assessed, for which (8) Acquisition Visibility (PE 0608648D8Z).
dress capacity or facility condition deficiencies all judicial and administrative remedies have (b) None of the funds appropriated by this or
prior Department of Defense Appropriations
at such schools: Provided further, That in mak- been exhausted or have lapsed, and that is not
Acts may be obligated or expended to initiate
ing such funds available, the Office of Local being paid in a timely manner pursuant to an
additional Software and Digital Technology
Defense Community Cooperation or the Sec- agreement with the authority responsible for
Pilot Programs in fiscal year 2022.
retary of Education shall give priority consider- collecting such tax liability, provided that the SEC. 8120. Of the amounts appropriated in this
ation to those military installations with schools applicable Federal agency is aware of the un- Act under the heading ‘‘Operation and Mainte-
having the most serious capacity or facility con- paid Federal tax liability. nance, Defense-Wide’’, $75,000,000, to remain
dition deficiencies as determined by the Sec- (b) Subsection (a) shall not apply if the appli-
available until September 30, 2025: Provided,
retary of Defense: Provided further, That as a cable Federal agency has considered suspension That such funds shall only be available to the
condition of receiving funds under this section a or debarment of the corporation described in Secretary of Defense, acting through the Office
local educational agency or State shall provide such subsection and has made a determination of Local Defense Community Cooperation of the
a matching share as described in the notice ti- that such suspension or debarment is not nec- Department of Defense, to make grants to com-
tled ‘‘Department of Defense Program for Con- essary to protect the interests of the Federal munities impacted by military aviation noise for
struction, Renovation, Repair or Expansion of Government. the purpose of installing noise mitigating insu-
Public Schools Located on Military Installa- SEC. 8114. None of the funds appropriated or lation at covered facilities: Provided further,
tions’’ published by the Department of Defense otherwise made available by this Act may be That $56,250,000 shall be allocated to address
in the Federal Register on September 9, 2011 (76 used to transfer the National Reconnaissance programs at or near active military installa-
Fed. Reg. 55883 et seq.): Provided further, That Office to the Space Force: Provided, That noth- tions: Provided further, That $18,750,000 shall be
these provisions apply to funds provided under ing in this Act shall be construed to limit or pro- allocated for programs at or near reserve compo-
this section, and to funds previously provided hibit cooperation, collaboration, and coordina- nent installations, of which $5,000,000 shall be
by Congress to construct, renovate, repair, or tion between the National Reconnaissance Of- for grants to communities for which a nearby
expand elementary and secondary public fice and the Space Force or any other elements military installation has transitioned to a new
schools on military installations in order to ad- of the Department of Defense. type or model of aircraft after January 1, 2019:
dress capacity or facility condition deficiencies SEC. 8115. None of the funds appropriated or Provided further, That, to be eligible to receive
at such schools to the extent such funds remain otherwise made available by this Act may be a grant under the program, a community must
unobligated on the date of enactment of this used to transfer any element of the Department enter into an agreement with the Secretary
section. of the Army, the Department of the Navy, or a under which the community prioritizes the use
SEC. 8110. In carrying out the program de- Department of Defense agency to the Space of funds for the installation of noise mitigation
scribed in the memorandum on the subject of Force unless, concurrent with the fiscal year at covered facilities in the community: Provided
‘‘Policy for Assisted Reproductive Services for 2023 budget submission (as submitted to Con- further, That as a condition of receiving funds
the Benefit of Seriously or Severely Ill/Injured gress pursuant to section 1105 of title 31, United under this section a State or local entity shall
(Category II or III) Active Duty Service Mem- States Code), the Secretary of Defense, not to be provide a matching share of ten percent: Pro-
bers’’ issued by the Assistant Secretary of De- delegated, provides a report to the Committees vided further, That grants under the program
fense for Health Affairs on April 3, 2012, and the on Appropriations of the House of Representa- may be used to meet the Federal match require-
guidance issued to implement such memo- tives and the Senate, detailing any plans to ment under the airport improvement program es-
randum, the Secretary of Defense shall apply transfer appropriate space elements of the De- tablished under subchapter I of chapter 471 and
such policy and guidance, except that— partment of the Army, the Department of the subchapter I of chapter 475 of title 49, United
(1) the limitation on periods regarding embryo Navy, or a Department of Defense agency to the States Code: Provided further, That, in carrying
cryopreservation and storage set forth in part Space Force and certifies in writing to the Com- out the program, the Secretary of Defense shall
III(G) and in part IV(H) of such memorandum mittees on Appropriations of the House of Rep- coordinate with the Secretary of Transportation
shall not apply; and resentatives and the Senate that such transfer is to minimize duplication of efforts with any
(2) the term ‘‘assisted reproductive tech- consistent with the mission of the Space Force other noise mitigation program compliant with
nology’’ shall include embryo cryopreservation and will not have an adverse impact on the De- part 150 of title 14, Code of Federal Regulations:
and storage without limitation on the duration partment or agency from which such element is Provided further, That, in this section, the term
of such cryopreservation and storage. being transferred: Provided, That such report ‘‘covered facilities’’ means hospitals, daycare fa-
SEC. 8111. None of the funds provided for, or shall include fiscal year 2023 budget and future cilities, schools, facilities serving senior citizens,
otherwise made available, in this or any other years defense program adjustments associated and private residences that are located within
Act, may be obligated or expended by the Sec- with such planned transfers. one mile or a day-night average sound level of
SEC. 8116. None of the funds appropriated or 65 or greater of a military installation or an-
retary of Defense to provide motorized vehicles,
otherwise made available by this Act may be other location at which military aircraft are sta-
aviation platforms, munitions other than small
used to establish a field operating agency of the tioned or are located in an area impacted by
arms and munitions appropriate for customary
Space Force. military aviation noise within one mile or a day-
ceremonial honors, operational military units, SEC. 8117. During fiscal year 2022, the mone-
or operational military platforms if the Sec- night average sound level of 65 or greater, as de-
tary limitation imposed by section 2208(l)(3) of termined by the Department of Defense or Fed-
retary determines that providing such units, title 10, United States Code may be exceeded by
platforms, or equipment would undermine the eral Aviation Administration noise modeling
up to $1,000,000,000. programs.
readiness of such units, platforms, or equip- SEC. 8118. Funds appropriated in title I of this SEC. 8121. None of the funds made available in
ment. Act under headings for ‘‘Military Personnel’’ this Act may be used in contravention of the fol-
SEC. 8112. The Secretary of Defense may obli- may be used for expenses described therein for lowing laws enacted or regulations promulgated
gate and expend funds made available under members of the Space Force on active duty: Pro- to implement the United Nations Convention
this Act for procurement or for research, devel- vided, That amounts appropriated under such Against Torture and Other Cruel, Inhuman or
opment, test and evaluation for the F–35 Joint headings may be used for payments pursuant to Degrading Treatment or Punishment (done at
Strike Fighter to modify up to six F–35 aircraft, section 156 of Public Law 97–377, as amended (42 New York on December 10, 1984):
including up to two F–35 aircraft of each vari- U.S.C. 402 note), and to the Department of De- (1) Section 2340A of title 18, United States
ant, to a test configuration: Provided, That the fense Military Retirement Fund. Code.
Secretary of Defense shall, with the concurrence SEC. 8119. (a) Amounts appropriated under (2) Section 2242 of the Foreign Affairs Reform
of the Secretary of the Air Force and the Sec- title IV of this Act, as detailed in budget activity and Restructuring Act of 1998 (division G of
retary of the Navy, notify the congressional de- eight of the tables in the explanatory statement Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C.
fense committees not fewer than 30 days prior to regarding this Act, may be used for expenses for 1231 note) and regulations prescribed thereto,
obligating and expending funds under this sec- the agile research, development, test and eval- including regulations under part 208 of title 8,
tion: Provided further, That any transfer of uation, procurement, production, modification, Code of Federal Regulations, and part 95 of title
funds pursuant to the authority provided in this and operation and maintenance, only for the 22, Code of Federal Regulations.
section shall be made in accordance with section following Software and Digital Technology Pilot (3) Sections 1002 and 1003 of the Department
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8005 of this Act: Provided further, That aircraft programs— of Defense, Emergency Supplemental Appropria-
referred to previously in this section are not ad- (1) Defensive Cyber—Software Prototype De- tions to Address Hurricanes in the Gulf of Mex-
ditional to aircraft referred to in section 8135 of velopment (PE 0608041A); ico, and Pandemic Influenza Act, 2006 (Public
the Department of Defense Appropriations Act, (2) Risk Management Information (PE Law 109–148).
2019, section 8126 of the Department of Defense 0608013N); SEC. 8122. During the current fiscal year, the
Appropriations Act, 2020, and section 8122 of the (3) Maritime Tactical Command Control (PE Department of Defense is authorized to incur
Department of Defense Appropriations Act, 0608231N); obligations of not to exceed $350,000,000 for pur-
2021. (4) JSpOC Mission System (PE 1203614SF); poses specified in section 2350j(c) of title 10,
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H1470 CONGRESSIONAL RECORD — HOUSE March 9, 2022
United States Code, in anticipation of receipt of under section 333 of title 10, United States Code, further, That the Secretary of Defense shall pro-
contributions, only from the Government of Ku- or peacekeeping operations for the countries vide quarterly reports to the Committees on Ap-
wait, under that section: Provided, That, upon designated annually to be in violation of the propriations of the House of Representatives
receipt, such contributions from the Government standards of the Child Soldiers Prevention Act and the Senate on the use and status of funds
of Kuwait shall be credited to the appropria- of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) made available in this section.
tions or fund which incurred such obligations. may be used to support any military training or SEC. 8137. Of the amounts appropriated in this
SEC. 8123. The Secretary of Defense shall no- operation that includes child soldiers, as defined Act under the heading ‘‘Operation and Mainte-
tify the congressional defense committees in by the Child Soldiers Prevention Act of 2008, un- nance, Defense-Wide’’, for the Defense Security
writing not more than 30 days after the receipt less such assistance is otherwise permitted under Cooperation Agency, $370,000,000, to remain
of any contribution of funds received from the section 404 of the Child Soldiers Prevention Act available until September 30, 2023, shall be
government of a foreign country for any pur- of 2008. available to reimburse Jordan, Lebanon, Egypt,
pose relating to the stationing or operations of SEC. 8132. None of the funds made available Tunisia, and Oman under section 1226 of the
the United States Armed Forces: Provided, That by this Act may be made available for any mem- National Defense Authorization Act for Fiscal
such notification shall include the amount of ber of the Taliban. Year 2016 (22 U.S.C. 2151 note), for enhanced
the contribution; the purpose for which such SEC. 8133. Notwithstanding any other provi- border security, of which not less than
contribution was made; and the authority under sion of law, any transfer of funds, appropriated $150,000,000 shall be for Jordan: Provided, That
which such contribution was accepted by the or otherwise made available by this Act, for sup- the Secretary of Defense shall, not less than 15
Secretary of Defense: Provided further, That not port to friendly foreign countries in connection days prior to obligating funds made available in
fewer than 15 days prior to obligating such with the conduct of operations in which the this section, notify the congressional defense
funds, the Secretary of Defense shall submit to United States is not participating, pursuant to committees in writing of the details of any
the congressional defense committees in writing section 331(d) of title 10, United States Code, planned obligation and the nature of the ex-
a notification of the planned use of such con- shall be made in accordance with section 8005 of penses incurred: Provided further, That the Sec-
tributions, including whether such contributions this Act. retary of Defense shall provide quarterly reports
would support existing or new stationing or op- SEC. 8134. Funds appropriated in this Act to the Committees on Appropriations of the
erations of the United States Armed Forces. under the heading ‘‘Operation and Mainte- House of Representatives and the Senate on the
SEC. 8124. From funds made available in title nance, Defense-Wide’’, for the Defense Security use and status of funds made available in this
II of this Act, the Secretary of Defense may pur- Cooperation Agency, may be used, notwith- section.
chase for use by military and civilian employees standing any other provision of law, to provide SEC. 8138. Up to $500,000,000 of funds appro-
of the Department of Defense in the United supplies, services, transportation, including air- priated by this Act for the Defense Security Co-
States Central Command area of responsibility: lift and sealift, and other logistical support to operation Agency in ‘‘Operation and Mainte-
(1) passenger motor vehicles up to a limit of coalition forces to counter the Islamic State of nance, Defense-Wide’’ may be used to provide
$75,000 per vehicle; and (2) heavy and light ar- Iraq and Syria: Provided, That the Secretary of assistance to the Government of Jordan to sup-
mored vehicles for the physical security of per- Defense shall provide quarterly reports to the port the armed forces of Jordan and to enhance
sonnel or for force protection purposes up to a congressional defense committees regarding sup- security along its borders.
limit of $450,000 per vehicle, notwithstanding port provided under this section. SEC. 8139. Of the amounts appropriated in this
price or other limitations applicable to the pur- SEC. 8135. Of the amounts appropriated in this Act under the heading ‘‘Operation and Mainte-
chase of passenger carrying vehicles. Act under the heading ‘‘Operation and Mainte- nance, Defense-Wide’’, for the Defense Security
SEC. 8125. None of the funds made available nance, Defense-Wide’’, for the Defense Security Cooperation Agency, $300,000,000, to remain
by this Act may be used in contravention of the Cooperation Agency, $1,299,386,000, to remain available until September 30, 2023, shall be for
War Powers Resolution (50 U.S.C. 1541 et seq.). available until September 30, 2023, shall be the Ukraine Security Assistance Initiative: Pro-
SEC. 8126. None of the funds made available available for International Security Cooperation vided, That such funds shall be available to the
by this Act may be used with respect to Iraq in Programs and other programs to provide support Secretary of Defense, with the concurrence of
contravention of the War Powers Resolution (50 and assistance to foreign security forces or other the Secretary of State, to provide assistance, in-
U.S.C. 1541 et seq.), including for the introduc- groups or individuals to conduct, support or fa- cluding training; equipment; lethal assistance;
tion of United States Armed Forces into hos- cilitate counterterrorism, crisis response, or logistics support, supplies and services; salaries
tilities in Iraq, into situations in Iraq where im- building partner capacity programs: Provided, and stipends; sustainment; and intelligence sup-
minent involvement in hostilities is clearly indi- That the Secretary of Defense shall, not less port to the military and national security forces
cated by the circumstances, or into Iraqi terri- than 15 days prior to obligating funds made of Ukraine, and to other forces or groups recog-
tory, airspace, or waters while equipped for available in this section, notify the congres- nized by and under the authority of the Govern-
combat, in contravention of the congressional sional defense committees in writing of the de- ment of Ukraine, including governmental enti-
consultation and reporting requirements of sec- tails of any planned obligation: Provided fur- ties within Ukraine, engaged in resisting Rus-
tions 3 and 4 of such Resolution (50 U.S.C. 1542 ther, That the Secretary of Defense shall pro- sian aggression against Ukraine, for replace-
and 1543). vide quarterly reports to the Committees on Ap- ment of any weapons or articles provided to the
SEC. 8127. None of the funds made available Government of Ukraine from the inventory of
propriations of the House of Representatives
by this Act may be used with respect to Syria in the United States, and to recover or dispose of
and the Senate on the use and status of funds
contravention of the War Powers Resolution (50 equipment procured using funds made available
made available in this section.
U.S.C. 1541 et seq.), including for the introduc- SEC. 8136. Of the amounts appropriated in this in this section in this or prior Acts: Provided
tion of United States armed or military forces Act under the heading ‘‘Operation and Mainte- further, That such funds may be obligated and
into hostilities in Syria, into situations in Syria nance, Defense-Wide’’, for the Defense Security expended notwithstanding section 1250 of the
where imminent involvement in hostilities is Cooperation Agency, $50,000,000, to remain National Defense Authorization Act for Fiscal
clearly indicated by the circumstances, or into available until September 30, 2023, shall be for Year 2016 (Public Law 114-92): Provided further,
Syrian territory, airspace, or waters while payments to reimburse key cooperating nations That the Secretary of Defense shall, not less
equipped for combat, in contravention of the for logistical, military, and other support, in- than 15 days prior to obligating funds made
congressional consultation and reporting re- cluding access, provided to United States mili- available in this section (or if the Secretary of
quirements of sections 3 and 4 of that law (50 tary and stability operations in Afghanistan Defense determines, on a case-by-case basis,
U.S.C. 1542 and 1543). and to counter the Islamic State of Iraq and that extraordinary circumstances exist that im-
SEC. 8128. Nothing in this Act may be con-
Syria: Provided, That such reimbursement pay- pact the national security of the United States,
strued as authorizing the use of force against
ments may be made in such amounts as the Sec- as far in advance as is practicable) notify the
Iran or the Democratic People’s Republic of
retary of Defense, with the concurrence of the congressional defense committees in writing of
Korea.
SEC. 8129. None of the funds appropriated or Secretary of State, and in consultation with the the details of any such obligation: Provided fur-
otherwise made available by this or any other Director of the Office of Management and ther, That the Secretary of Defense shall, not
Act shall be obligated or expended by the United Budget, may determine, based on documentation more than 60 days after such notification is
States Government for a purpose as follows: determined by the Secretary of Defense to ade- made, inform such committees if such funds
(1) To establish any military installation or quately account for the support provided, and have not been obligated and the reasons there-
base for the purpose of providing for the perma- such determination is final and conclusive upon for: Provided further, That the Secretary of De-
nent stationing of United States Armed Forces the accounting officers of the United States, and fense shall consult with such committees in ad-
in Iraq. 15 days following written notification to the ap- vance of the provision of support provided to
(2) To exercise United States control over any propriate congressional committees: Provided other forces or groups recognized by and under
oil resource of Iraq or Syria. further, That these funds may be used for the the authority of the Government of Ukraine:
SEC. 8130. None of the funds made available purpose of providing specialized training and Provided further, That the United States may
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by this Act under the heading ‘‘Counter-ISIS procuring supplies and specialized equipment accept equipment procured using funds made
Train and Equip Fund’’, and under the heading and providing such supplies and loaning such available in this section in this or prior Acts
‘‘Operation and Maintenance, Defense-Wide’’ equipment on a non-reimbursable basis to coali- transferred to the security forces of Ukraine and
for Department of Defense security cooperation tion forces supporting United States military returned by such forces to the United States:
grant programs, may be used to procure or and stability operations in Afghanistan and to Provided further, That equipment procured
transfer man-portable air defense systems. counter the Islamic State of Iraq and Syria, and using funds made available in this section in
SEC. 8131. None of the funds made available 15 days following written notification to the ap- this or prior Acts, and not yet transferred to the
by this Act for excess defense articles, assistance propriate congressional committees: Provided military or national security forces of Ukraine
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1471
or to other assisted entities, or returned by such (2) is or was held on or after June 24, 2009, at (2) in subsection (d)(1), by striking ‘‘December
forces or other assisted entities to the United United States Naval Station, Guantánamo Bay, 31, 2022’’ and inserting ‘‘February 28, 2023’’.
States, may be treated as stocks of the Depart- Cuba, by the Department of Defense. This division may be cited as the ‘‘Department
ment of Defense upon written notification to the SEC. 8146. None of the funds appropriated or of Defense Appropriations Act, 2022’’.
congressional defense committees: Provided fur- otherwise made available in this Act may be DIVISION D—ENERGY AND WATER DEVEL-
ther, That the Secretary of Defense shall pro- used to transfer any individual detained at OPMENT AND RELATED AGENCIES AP-
vide quarterly reports to the congressional de- United States Naval Station Guantánamo Bay, PROPRIATIONS ACT, 2022
fense committees on the use and status of funds Cuba, to the custody or control of the individ- TITLE I
made available in this section. ual’s country of origin, any other foreign coun-
CORPS OF ENGINEERS—CIVIL
SEC. 8140. (a) None of the funds appropriated try, or any other foreign entity except in accord-
ance with section 1034 of the National Defense DEPARTMENT OF THE ARMY
or otherwise made available by this or any other
Act may be used by the Secretary of Defense, or Authorization Act for Fiscal Year 2016 (Public CORPS OF ENGINEERS—CIVIL
any other official or officer of the Department of Law 114–92) and section 1035 of the John S. The following appropriations shall be ex-
Defense, to enter into a contract, memorandum McCain National Defense Authorization Act for pended under the direction of the Secretary of
of understanding, or cooperative agreement Fiscal Year 2019 (Public Law 115–232). the Army and the supervision of the Chief of
with, or make a grant to, or provide a loan or SEC. 8147. (a) None of the funds appropriated Engineers for authorized civil functions of the
loan guarantee to Rosoboronexport or any sub- or otherwise made available in this or any other Department of the Army pertaining to river and
sidiary of Rosoboronexport. Act may be used to construct, acquire, or modify harbor, flood and storm damage reduction,
(b) The Secretary of Defense may waive the any facility in the United States, its territories, shore protection, aquatic ecosystem restoration,
limitation in subsection (a) if the Secretary, in or possessions to house any individual described and related efforts.
consultation with the Secretary of State and the in subsection (c) for the purposes of detention or INVESTIGATIONS
Director of National Intelligence, determines imprisonment in the custody or under the effec- For expenses necessary where authorized by
that it is in the vital national security interest tive control of the Department of Defense. law for the collection and study of basic infor-
of the United States to do so, and certifies in (b) The prohibition in subsection (a) shall not mation pertaining to river and harbor, flood and
writing to the congressional defense committees apply to any modification of facilities at United storm damage reduction, shore protection,
that— States Naval Station, Guantánamo Bay, Cuba. aquatic ecosystem restoration, and related
(1) Rosoboronexport has ceased the transfer of (c) An individual described in this subsection needs; for surveys and detailed studies, and
lethal military equipment to, and the mainte- is any individual who, as of June 24, 2009, is lo- plans and specifications of proposed river and
nance of existing lethal military equipment for, cated at United States Naval Station, harbor, flood and storm damage reduction,
the Government of the Syrian Arab Republic; Guantánamo Bay, Cuba, and who— shore protection, and aquatic ecosystem restora-
(2) the armed forces of the Russian Federation (1) is not a citizen of the United States or a tion projects, and related efforts prior to con-
have withdrawn from Crimea, other than armed member of the Armed Forces of the United struction; for restudy of authorized projects;
forces present on military bases subject to agree- States; and and for miscellaneous investigations, and, when
ments in force between the Government of the (2) is—
authorized by law, surveys and detailed studies,
Russian Federation and the Government of (A) in the custody or under the effective con-
and plans and specifications of projects prior to
Ukraine; and trol of the Department of Defense; or
construction, $143,000,000, to remain available
(3) agents of the Russian Federation have (B) otherwise under detention at United
until expended: Provided, That the Secretary
ceased taking active measures to destabilize the States Naval Station, Guantánamo Bay, Cuba.
shall not deviate from the work plan, once the
SEC. 8148. None of the funds made available
control of the Government of Ukraine over east- plan has been submitted to the Committees on
by this Act may be used to carry out the closure
ern Ukraine. Appropriations of both Houses of Congress.
or realignment of the United States Naval Sta-
(c) The Inspector General of the Department CONSTRUCTION
tion, Guantánamo Bay, Cuba.
of Defense shall conduct a review of any action For expenses necessary for the construction of
SEC. 8149. Section 165 of the Continuing Ap-
involving Rosoboronexport with respect to a river and harbor, flood and storm damage re-
propriations Act, 2022 (division A of Public Law
waiver issued by the Secretary of Defense pur- duction, shore protection, aquatic ecosystem res-
117–43) shall be amended by striking
suant to subsection (b), and not later than 90 toration, and related projects authorized by law;
‘‘$53,000,000’’ and inserting ‘‘$85,250,000’’.
days after the date on which such a waiver is SEC. 8150. In addition to amounts otherwise for conducting detailed studies, and plans and
issued by the Secretary of Defense, the Inspector made available, there is appropriated specifications, of such projects (including those
General shall submit to the congressional de- $100,000,000 to the Department of Defense, to re- involving participation by States, local govern-
fense committees a report containing the results main available until expended, for the same ments, or private groups) authorized or made el-
of the review conducted with respect to such purposes and under the same authorities and igible for selection by law (but such detailed
waiver. conditions as amounts made available in section studies, and plans and specifications, shall not
SEC. 8141. None of the funds made available 165(c) of the Continuing Appropriations Act, constitute a commitment of the Government to
by this Act may be used to provide arms, train- 2022 (division A of Public Law 117–43). construction); $2,492,800,000, to remain available
ing, or other assistance to the Azov Battalion. SEC. 8151. (a) COMMISSION ON PLANNING, PRO- until expended; of which $97,539,000, to be de-
SEC. 8142. In addition to amounts provided GRAMMING, BUDGETING, AND EXECUTION RE- rived from the Harbor Maintenance Trust Fund,
elsewhere in this Act, there is appropriated FORM.—Section 1004 of the National Defense shall be to cover the Federal share of construc-
$1,000,000,000, for an additional amount for Authorization Act for Fiscal Year 2022 (Public tion costs for facilities under the Dredged Mate-
‘‘Procurement, Defense-Wide’’, to remain avail- Law 117–81; 135 Stat. 1884) is amended— rial Disposal Facilities program; and of which
able until September 30, 2024, which shall be for (1) in subsection (a)(2), by striking ‘‘not such sums as are necessary to cover 35 percent
the Secretary of Defense to provide to the Gov- later’’; and of the costs of construction, replacement, reha-
ernment of Israel for the procurement of the (2) in subsection (b)— bilitation, and expansion of inland waterways
Iron Dome defense system to counter short- (A) in paragraph (3), by striking ‘‘30’’ and in- projects shall be derived from the Inland Water-
range rocket threats: Provided, That such funds serting ‘‘45’’; and ways Trust Fund, except as otherwise specifi-
shall be transferred pursuant to an exchange of (B) in paragraph (4), by striking ‘‘subsection cally provided for in law: Provided, That the
letters and are in addition to funds provided (a)(2)’’ and inserting ‘‘paragraph (3)’’. Secretary shall not deviate from the work plan,
pursuant to the U.S.-Israel Iron Dome Procure- (b) AFGHANISTAN WAR COMMISSION.—Section once the plan has been submitted to the Commit-
ment Agreement, as amended: Provided further, 1094 of the National Defense Authorization Act tees on Appropriations of both Houses of Con-
That nothing in the preceding proviso shall be for Fiscal Year 2022 (Public Law 117–81; 135 gress.
construed to apply to appropriations in this or Stat. 1942) is amended— MISSISSIPPI RIVER AND TRIBUTARIES
prior Acts for the procurement of the Iron Dome (1) in subsection (c)(2)(D)(i), by striking ‘‘60’’
defense system. For expenses necessary for flood damage re-
and inserting ‘‘90’’; and
SEC. 8143. None of the funds appropriated or duction projects and related efforts in the Mis-
(2) in subsection (f)(5)(B)(ii), by striking ‘‘sub-
otherwise made available by this Act may be sissippi River alluvial valley below Cape
section (g)(1)’’ and inserting ‘‘clause (i)’’.
used in contravention of the First Amendment (c) CONGRESSIONAL COMMISSION ON THE STRA- Girardeau, Missouri, as authorized by law,
of the Constitution. TEGIC POSTURE OF THE UNITED STATES.—Section
$370,000,000, to remain available until expended,
SEC. 8144. None of the funds appropriated or 1687 of the National Defense Authorization Act of which $10,312,000, to be derived from the Har-
made available in this Act shall be used to sup- for Fiscal Year 2022 (Public Law 117–81; 135 bor Maintenance Trust Fund, shall be to cover
port any activity conducted by, or associated Stat. 2126) is amended— the Federal share of eligible operation and
with, the Wuhan Institute of Virology. (1) in subsection (b)— maintenance costs for inland harbors: Provided,
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SEC. 8145. None of the funds appropriated or (A) in paragraph (2)(A)(ii), by inserting That the Secretary shall not deviate from the
otherwise made available in this or any other ‘‘(other than experts or consultants the services work plan, once the plan has been submitted to
Act may be used to transfer, release, or assist in of which are procured under section 3109 of title the Committees on Appropriations of both
the transfer or release to or within the United 5, United States Code)’’ after ‘‘Federal Govern- Houses of Congress.
States, its territories, or possessions Khalid ment’’; and OPERATION AND MAINTENANCE
Sheikh Mohammed or any other detainee who— (B) in paragraph (3)(A), by striking ‘‘45 days For expenses necessary for the operation,
(1) is not a United States citizen or a member after the date of the enactment of this Act’’ and maintenance, and care of existing river and har-
of the Armed Forces of the United States; and inserting ‘‘April 11, 2022’’; and bor, flood and storm damage reduction, aquatic
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H1472 CONGRESSIONAL RECORD — HOUSE March 9, 2022
ecosystem restoration, and related projects au- Congress as an emergency requirement pursuant of those joint owners is the Federal Government:
thorized by law; providing security for infra- to the Balanced Budget and Emergency Deficit Provided further, That such costs, including the
structure owned or operated by the Corps, in- Control Act of 1985 or a concurrent resolution cost of modifying such loans, shall be as defined
cluding administrative buildings and labora- on the budget is designated by the Congress as in section 502 of the Congressional Budget Act
tories; maintaining harbor channels provided by an emergency requirement pursuant to section of 1974: Provided further, That these funds are
a State, municipality, or other public agency 4001(a)(1) and section 4001(b) of S. Con. Res. 14 available to subsidize gross obligations for the
that serve essential navigation needs of general (117th Congress), the concurrent resolution on principal amount of direct loans, including cap-
commerce, where authorized by law; surveying the budget for fiscal year 2022. italized interest, and total loan principal, in-
and charting northern and northwestern lakes REGULATORY PROGRAM cluding capitalized interest, any part of which
and connecting waters; clearing and straight- is to be guaranteed, not to exceed $500,000,000:
For expenses necessary for administration of
ening channels; and removing obstructions to Provided further, That within 30 days of enact-
laws pertaining to regulation of navigable
navigation, $4,570,000,000, to remain available ment of this Act, the Secretary, in consultation
waters and wetlands, $212,000,000, to remain
until expended, of which $1,941,442,000, to be de- with the Office of Management and Budget,
available until September 30, 2023.
rived from the Harbor Maintenance Trust Fund, shall transmit a report to the Committees on Ap-
shall be to cover the Federal share of eligible op- FORMERLY UTILIZED SITES REMEDIAL ACTION
propriations of the House of Representatives
erations and maintenance costs for coastal har- PROGRAM
and the Senate that provides: (1) an analysis of
bors and channels, and for inland harbors; of For expenses necessary to clean up contami- how subsidy rates will be determined for loans
which such sums as become available from the nation from sites in the United States resulting financed by appropriations provided under this
special account for the Corps of Engineers es- from work performed as part of the Nation’s heading in this Act; (2) a comparison of the fac-
tablished by the Land and Water Conservation early atomic energy program, $300,000,000, to re- tors that will be considered in estimating sub-
Fund Act of 1965 shall be derived from that ac- main available until expended. sidy rates for loans financed under this heading
count for resource protection, research, interpre- FLOOD CONTROL AND COASTAL EMERGENCIES in this Act with factors that will be considered
tation, and maintenance activities related to re- For expenses necessary to prepare for flood, in estimates of subsidy rates for other projects
source protection in the areas at which outdoor hurricane, and other natural disasters and sup- authorized by the Water Infrastructure Finance
recreation is available; of which such sums as port emergency operations, repairs, and other and Innovation Act of 2014, including an anal-
become available from fees collected under sec- activities in response to such disasters as au- ysis of how both sets of rates will be determined;
tion 217 of Public Law 104–303 shall be used to and (3) an analysis of the process for developing
thorized by law, $35,000,000, to remain available
cover the cost of operation and maintenance of draft regulations for the Water Infrastructure
until expended.
the dredged material disposal facilities for Finance and Innovation program, including a
which such fees have been collected; and of EXPENSES
crosswalk from the statutory requirements for
which $50,000,000, to be derived from the general For expenses necessary for the supervision
such program, and a timetable for publishing
fund of the Treasury, shall be to carry out sub- and general administration of the civil works
such regulations: Provided further, That the use
section (c) of section 2106 of the Water Re- program in the headquarters of the Corps of En-
of direct loans or loan guarantee authority
sources Reform and Development Act of 2014 (33 gineers and the offices of the Division Engi-
under this heading for direct loans or commit-
U.S.C. 2238c) and shall be designated as being neers; and for costs of management and oper-
ments to guarantee loans for any project shall
for such purpose pursuant to paragraph (2)(B) ation of the Humphreys Engineer Center Sup-
be in accordance with the criteria published in
of section 14003 of division B of the Coronavirus port Activity, the Institute for Water Resources,
the Federal Register on June 30, 2020 (85 FR
Aid, Relief, and Economic Security Act (Public the United States Army Engineer Research and
39189) pursuant to the fourth proviso under the
Law 116–136): Provided, That 1 percent of the Development Center, and the United States
heading ‘‘Water Infrastructure Finance and In-
total amount of funds provided for each of the Army Corps of Engineers Finance Center allo-
novation Program Account’’ in division D of the
programs, projects, or activities funded under cable to the civil works program, $208,000,000, to
Further Consolidated Appropriations Act, 2020
this heading shall not be allocated to a field op- remain available until September 30, 2023, of
(Public Law 116–94): Provided further, That
erating activity prior to the beginning of the which not to exceed $5,000 may be used for offi-
none of the direct loans or loan guarantee au-
fourth quarter of the fiscal year and shall be cial reception and representation purposes and
thority made available under this heading shall
available for use by the Chief of Engineers to only during the current fiscal year: Provided,
fund such emergency activities as the Chief of be available for any project unless the Secretary
That no part of any other appropriation pro-
Engineers determines to be necessary and appro- and the Director of the Office of Management
vided in this title shall be available to fund the
priate, and that the Chief of Engineers shall al- and Budget have certified in advance in writing
civil works activities of the Office of the Chief of
locate during the fourth quarter any remaining that the direct loan or loan guarantee, as appli-
Engineers or the civil works executive direction
funds which have not been used for emergency cable, and the project comply with the criteria
and management activities of the division of-
activities proportionally in accordance with the referenced in the previous proviso: Provided fur-
fices: Provided further, That any Flood Control
amounts provided for the programs, projects, or ther, That any references to the Environmental
and Coastal Emergencies appropriation may be
activities: Provided further, That the Secretary Protection Agency (EPA) or the Administrator
used to fund the supervision and general admin-
shall not deviate from the work plan, once the in the criteria referenced in the previous two
istration of emergency operations, repairs, and
plan has been submitted to the Committees on provisos shall be deemed to be references to the
other activities in response to any flood, hurri-
Appropriations of both Houses of Congress: Pro- Army Corps of Engineers or the Secretary of the
cane, or other natural disaster.
vided further, That none of the funds provided Army, respectively, for purposes of the direct
OFFICE OF THE ASSISTANT SECRETARY OF THE loans or loan guarantee authority made avail-
under this heading in this Act may be used for ARMY FOR CIVIL WORKS
the projects specified in the table referenced in able under this heading: Provided further, That
the succeeding proviso: Provided further, That For the Office of the Assistant Secretary of for the purposes of carrying out the Congres-
in addition to any amounts otherwise available the Army for Civil Works as authorized by 10 sional Budget Act of 1974, the Director of the
for necessary expenses to dredge Federal navi- U.S.C. 3016(b)(3), $5,000,000, to remain available Congressional Budget Office may request, and
gation projects in response to, and repair dam- until September 30, 2023: Provided, That not the Secretary shall promptly provide, docu-
ages to Corps of Engineers Federal projects more than 75 percent of such amount may be ob- mentation and information relating to a project
caused by, natural disasters, available amounts ligated or expended until the Assistant Sec- identified in a Letter of Interest submitted to the
provided under the heading ‘‘Operation and retary submits to the Committees on Appropria- Secretary pursuant to a Notice of Funding
Maintenance’’ in title IV of the Disaster Relief tions of both Houses of Congress the report re- Availability for applications for credit assist-
Supplemental Appropriations Act, 2022 shall be quired under section 101(d) of this Act and a ance under the Water Infrastructure Finance
used for such purposes in the amounts specified work plan that allocates at least 95 percent of and Innovation Act Program, including with re-
and for the projects specified in the table titled the additional funding provided under each spect to a project that was initiated or com-
‘‘Corps of Engineers—Damage Repairs’’ in the heading in the explanatory statement described pleted before the date of enactment of this Act.
explanatory statement described in section 4 (in in section 4 (in the matter preceding division A In addition, fees authorized to be collected
the matter preceding division A of this consoli- of this consolidated Act), to specific programs, pursuant to sections 5029 and 5030 of the Water
dated Act): Provided further, That expenditures projects, or activities. Infrastructure Finance and Innovation Act of
made or obligations incurred under the heading WATER INFRASTRUCTURE FINANCE AND 2014 shall be deposited in this account, to re-
‘‘Corps of Engineers—Civil—Operation and INNOVATION PROGRAM ACCOUNT main available until expended.
In addition, for administrative expenses to
Maintenance’’ pursuant to the Continuing Ap- For the cost of direct loans and for the cost of
carry out the direct and guaranteed loan pro-
propriations Act, 2022 for necessary expenses to guaranteed loans, as authorized by the Water
grams, $2,200,000, to remain available until Sep-
dredge Federal navigation projects in response Infrastructure Finance and Innovation Act of
tember 30, 2023.
to, and repair damages to Corps of Engineers 2014, $5,000,000, to remain available until ex-
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Federal projects caused by, natural disasters pended, for safety projects to maintain, up- GENERAL PROVISIONS—CORPS OF
shall be charged to available amounts provided grade, and repair dams identified in the Na- ENGINEERS—CIVIL
under the heading ‘‘Operation and Mainte- tional Inventory of Dams with a primary owner (INCLUDING TRANSFER OF FUNDS)
nance’’ in title IV of the Disaster Relief Supple- type of state, local government, public utility, or SEC. 101. (a) None of the funds provided in
mental Appropriations Act, 2022, consistent with private: Provided, That no project may be fund- title I of this Act, or provided by previous appro-
the preceding proviso: Provided further, That ed with amounts provided under this heading priations Acts to the agencies or entities funded
each amount repurposed under this heading in for a dam that is identified as jointly owned in in title I of this Act that remain available for
this Act that was previously designated by the the National Inventory of Dams and where one obligation or expenditure in fiscal year 2022,
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March 9, 2022 CONGRESSIONAL RECORD — HOUSE H1473
shall be available for obligation or expenditure (2) A delineation in the table for each appro- for related activities, including the operation,
through a reprogramming of funds that: priation both by object class and program, maintenance, and rehabilitation of reclamation
(1) creates or initiates a new program, project, project and activity as detailed in the budget and other facilities, participation in fulfilling
or activity; appendix for the respective appropriations; and related Federal responsibilities to Native Ameri-
(2) eliminates a program, project, or activity; (3) An identification of items of special con- cans, and related grants to, and cooperative and
(3) increases funds or personnel for any pro- gressional interest. other agreements with, State and local govern-
gram, project, or activity for which funds have SEC. 102. The Secretary shall allocate funds ments, federally recognized Indian Tribes, and
been denied or restricted by this Act, unless made available in this Act solely in accordance others, $1,747,101,000, to remain available until
prior approval is received from the Committees with the provisions of this Act and in the ex- expended, of which $71,217,000 shall be available
on Appropriations of both Houses of Congress; planatory statement described in section 4 (in for transfer to the Upper Colorado River Basin
(4) proposes to use funds directed for a spe- the matter preceding division A of this consoli- Fund and $19,606,000 shall be available for
cific activity for a different purpose, unless dated Act). transfer to the Lower Colorado River Basin De-
prior approval is received from the Committees SEC. 103. None of the funds made available in velopment Fund; of which such amounts as may
on Appropriations of both Houses of Congress; this title may be used to award or modify any be necessary may be advanced to the Colorado
(5) augments or reduces existing programs, contract that commits funds beyond the River Dam Fund: Provided, That $40,000,000
projects, or activities in excess of the amounts amounts appropriated for that program, project, shall be available for transfer into the Blackfeet
contained in paragraphs (6) through (10), unless or activity that remain unobligated, except that Water Settlement Implementation Fund estab-
prior approval is received from the Committees such amounts may include any funds that have lished by section 3717 of Public Law 114–322:
on Appropriations of both Houses of Congress; been made available through reprogramming Provided further, That $100,000 shall be avail-
(6) INVESTIGATIONS.—For a base level over pursuant to section 101. able for transfer into the Aging Infrastructure
$100,000, reprogramming of 25 percent of the SEC. 104. The Secretary of the Army may Account established by section 9603(d)(1) of the
base amount up to a limit of $150,000 per project, transfer to the Fish and Wildlife Service, and Omnibus Public Land Management Act of 2009,
study or activity is allowed: Provided, That for the Fish and Wildlife Service may accept and as amended (43 U.S.C. 510b(d)(1)): Provided fur-
a base level less than $100,000, the reprogram- expend, up to $5,400,000 of funds provided in ther, That such transfers, except for the transfer
ming limit is $25,000: Provided further, That up this title under the heading ‘‘Operation and authorized by the preceding proviso, may be in-
to $25,000 may be reprogrammed into any con- Maintenance’’ to mitigate for fisheries lost due creased or decreased within the overall appro-
tinuing study or activity that did not receive an to Corps of Engineers projects. priation under this heading: Provided further,
appropriation for existing obligations and con- SEC. 105. None of the funds in this Act shall
That of the total appropriated, the amount for
be used for an open lake placement alternative
comitant administrative expenses; program activities that can be financed by the
(7) CONSTRUCTION.—For a base level over for dredged material, after evaluating the least
Reclamation Fund, the Water Storage Enhance-
$2,000,000, reprogramming of 15 percent of the costly, environmentally acceptable manner for
ment Receipts account established by section
base amount up to a limit of $3,000,000 per the disposal or management of dredged material
4011(e) of Public Law 114–322, or the Bureau of
originating from Lake Erie or tributaries there-
project, study or activity is allowed: Provided, Reclamation special fee account established by
to, unless it is approved under a State water
That for a base level less than $2,000,000, the re- 16 U.S.C. 6806 shall be derived from that Fund
quality certification pursuant to section 401 of
programming limit is $300,000: Provided further, or account: Provided further, That funds con-
the Federal Water Pollution Control Act (33
That up to $3,000,000 may be reprogrammed for tributed under 43 U.S.C. 395 are available until
U.S.C. 1341): Provided, That until an open lake
settled contractor claims, changed conditions, or expended for the purposes for which the funds
placement alternative for dredged material is
real estate deficiency judgments: Provided fur- were contributed: Provided further, That funds
approved under a State water quality certifi-
ther, That up to $300,000 may be reprogrammed advanced under 43 U.S.C. 397a shall be credited
cation, the Corps of Engineers shall continue
into any continuing study or activity that did to this account and are available until expended
upland placement of such dredged material con-
not receive an appropriation for existing obliga- for the same purposes as the sums appropriated
sistent with the requirements of section 101 of
tions and concomitant administrative expenses; under this heading: Provided further, That of
the Water Resources Development Act of 1986
(8) OPERATION AND MAINTENANCE.—Unlimited the amounts made available under this heading,
(33 U.S.C. 2211).
reprogramming authority is granted for the $10,000,000 shall be deposited in the San Gabriel
SEC. 106. None of the funds made available by
Corps to be able to respond to emergencies: Pro- Basin Restoration Fund established by section
this Act may be used to carry out any water
vided, That the Chief of Engineers shall notify 110 of title I of division B of appendix D of Pub-
supply reallocation study under the Wolf Creek
the Committees on Appropriations of both lic Law 106–554: Provided further, That of the
Dam, Lake Cumberland, Kentucky, project au-
Houses of Congress of these emergency actions amounts provided herein, funds may be used for
thorized under the Act of July 24, 1946 (60 Stat.
as soon thereafter as practicable: Provided fur- high-priority projects which shall be carried out
636, ch. 595).
ther, That for a base level over $1,000,000, re- SEC. 107. None of the funds made available by by the Youth Conservation Corps, as authorized
programming of 15 percent of the base amount this Act or any other Act may be used to reorga- by 16 U.S.C. 1706: Provided further, That within
up to a limit of $5,000,000 per project, study, or nize or to transfer the Civil Works functions or available funds, $250,000 shall be for grants and
activity is allowed: Provided further, That for a authority of the Corps of Engineers or the Sec- financial assistance for educational activities.
base level less than $1,000,000, the reprogram- retary of the Army to another department or CENTRAL VALLEY PROJECT RESTORATION FUND
ming limit is $150,000: Provided further, That agency. For carrying out the programs, projects,
$150,000 may be reprogrammed into any con- SEC. 108. Additional funding provided in this plans, habitat restoration, improvement, and ac-
tinuing study or activity that did not receive an Act shall be allocated only to projects deter- quisition provisions of the Central Valley
appropriation; mined to be eligible by the Chief of Engineers. Project Improvement Act, $56,499,000, to be de-
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The TITLE II rived from such sums as may be collected in the
reprogramming guidelines in paragraphs (6), (7), Central Valley Project Restoration Fund pursu-
DEPARTMENT OF THE INTERIOR
and (8) shall apply to the Investigations, Con- ant to sections 3407(d), 3404(c)(3), and 3405(f) of
struction, and Operation and Maintenance por- CENTRAL UTAH PROJECT
Public Law 102–575, to remain available until
tions of the Mississippi River and Tributaries CENTRAL UTAH PROJECT COMPLETION ACCOUNT
expended: Provided, That the Bureau of Rec-
Account, respectively; and For carrying out activities authorized by the lamation is directed to assess and collect the full
(10) FORMERLY UTILIZED SITES REMEDIAL AC- Central Utah Project Completion Act, amount of the additional mitigation and res-
TION PROGRAM.—Reprogramming of up to 15 $23,000,000, to remain available until expended, toration payments authorized by section 3407(d)
percent of the base of the receiving project is of which $5,000,000 shall be deposited into the of Public Law 102–575: Provided further, That
permitted. Utah Reclamation Mitigation and Conservation none of the funds made available under this
(b) DE MINIMUS REPROGRAMMINGS.—In no Account for use by the Utah Reclamation Miti- heading may be used for the acquisition or leas-
case should a reprogramming for less than gation and Conservation Commission: Provided, ing of water for in-stream purposes if the water
$50,000 be submitted to the Committees on Ap- That of the amount provided under this head- is already committed to in-stream purposes by a
propriations of both Houses of Congress. ing, $1,550,000 shall be available until September court adopted decree or order.
(c) CONTINUING AUTHORITIES PROGRAM.—Sub- 30, 2023, for expenses necessary in carrying out
CALIFORNIA BAY-DELTA RESTORATION
section (a)(1) shall not apply to any project or related responsibilities of the Secretary of the
activity funded under the continuing authori- (INCLUDING TRANSFERS OF FUNDS)
Interior: Provided further, That for fiscal year
ties program. 2022, of the amount made available to the Com- For carrying out activities authorized by the
(d) Not later than 60 days after the date of en- mission under this Act or any other Act, the Water Supply, Reliability, and Environmental
actment of this Act, the Secretary shall submit Commission may use an amount not to exceed Improvement Act, consistent with plans to be
a report to the Committees on Appropriations of $1,850,000 for administrative expenses. approved by the Secretary of the Interior,
both Houses of Congress to establish the base- $33,000,000, to remain available until expended,
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BUREAU OF RECLAMATION
line for application of reprogramming and of which such amounts as may be necessary to
The following appropriations shall be ex-
transfer authorities for the current fiscal year carry out such activities may be transferred to
pended to execute authorized functions of the
which shall include: appropriate accounts of other participating Fed-
Bureau of Reclamation:
(1) A table for each appropriation with a sep- eral agencies to carry out authorized purposes:
arate column to display the President’s budget WATER AND RELATED RESOURCES Provided, That funds appropriated herein may
request, adjustments made by Congress, adjust- (INCLUDING TRANSFERS OF FUNDS) be used for the Federal share of the costs of
ments due to enacted rescissions, if applicable, For management, development, and restora- CALFED Program management: Provided fur-
and the fiscal year enacted level; and tion of water and related natural resources and ther, That CALFED implementation shall be
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H1474 CONGRESSIONAL RECORD — HOUSE March 9, 2022
carried out in a balanced manner with clear under the heading ‘‘Title II—Department of the plant and capital equipment, and other ex-
performance measures demonstrating concurrent Interior’’ in the explanatory statement described penses necessary for energy efficiency and re-
progress in achieving the goals and objectives of in section 4 (in the matter preceding division A newable energy activities in carrying out the
the Program. of this consolidated Act). purposes of the Department of Energy Organi-
POLICY AND ADMINISTRATION (e) The Bureau of Reclamation shall submit zation Act (42 U.S.C. 7101 et seq.), including the
reports on a quarterly basis to the Committees acquisition or condemnation of any real prop-
For expenses necessary for policy, administra-
on Appropriations of both Houses of Congress erty or any facility or for plant or facility acqui-
tion, and related functions in the Office of the
detailing all the funds reprogrammed between sition, construction, or expansion,
Commissioner, the Denver office, and offices in
programs, projects, activities, or categories of $3,200,000,000, to remain available until ex-
the six regions of the Bureau of Reclamation, to
funding. The first quarterly report shall be sub- pended: Provided, That of such amount,
remain available until September 30, 2023,
mitted not later than 60 days after the date of $209,453,000 shall be available until September
$64,400,000, to be derived from the Reclamation
enactment of this Act. 30, 2023, for program direction: Provided fur-
Fund and be nonreimbursable as provided in 43 SEC. 202. (a) None of the funds appropriated ther, That of the amount appropriated in this
U.S.C. 377: Provided, That no part of any other or otherwise made available by this Act may be paragraph, $77,047,000 shall be used for projects
appropriation in this Act shall be available for used to determine the final point of discharge specified in the table that appears under the
activities or functions budgeted as policy and for the interceptor drain for the San Luis Unit heading ‘‘Congressionally Directed Spending
administration expenses. until development by the Secretary of the Inte- Energy Efficiency and Renewable Energy
ADMINISTRATIVE PROVISION rior and the State of California of a plan, which Projects’’ in the explanatory statement described
Appropriations for the Bureau of Reclamation shall conform to the water quality standards of in section 4 (in the matter preceding division A
shall be available for purchase and replacement the State of California as approved by the Ad- of this consolidated Act): Provided further, That
of not to exceed 30 motor vehicles, which are for ministrator of the Environmental Protection section 366(e) of the Energy Policy and Con-
replacement only. Agency, to minimize any detrimental effect of servation Act (42 U.S.C. 6326(e)) shall not apply
GENERAL PROVISIONS—DEPARTMENT OF the San Luis drainage waters. to Federal financial assistance provided under
THE INTERIOR (b) The costs of the Kesterson Reservoir part D of title III of the Energy Policy and Con-
Cleanup Program and the costs of the San Joa- servation Act (42 U.S.C. 6321 et seq.) from
SEC. 201. (a) None of the funds provided in quin Valley Drainage Program shall be classi-
title II of this Act for Water and Related Re- amounts made available under this heading in
fied by the Secretary of the Interior as reimburs- this Act.
sources, or provided by previous or subsequent able or nonreimbursable and collected until
appropriations Acts to the agencies or entities CYBERSECURITY, ENERGY SECURITY, AND
fully repaid pursuant to the ‘‘Cleanup Pro- EMERGENCY RESPONSE
funded in title II of this Act for Water and Re- gram—Alternative Repayment Plan’’ and the
lated Resources that remain available for obliga- ‘‘SJVDP—Alternative Repayment Plan’’ de- For Department of Energy expenses including
tion or expenditure in fiscal year 2022, shall be scribed in the report entitled ‘‘Repayment Re- the purchase, construction, and acquisition of
available for obligation or expenditure through port, Kesterson Reservoir Cleanup Program and plant and capital equipment, and other ex-
a reprogramming of funds that— San Joaquin Valley Drainage Program, Feb- penses necessary for energy sector cybersecurity,
(1) initiates or creates a new program, project, ruary 1995’’, prepared by the Department of the energy security, and emergency response activi-
or activity; Interior, Bureau of Reclamation. Any future ob- ties in carrying out the purposes of the Depart-
(2) eliminates a program, project, or activity; ligations of funds by the United States relating ment of Energy Organization Act (42 U.S.C. 7101
(3) increases funds for any program, project, to, or providing for, drainage service or drain- et seq.), including the acquisition or condemna-
or activity for which funds have been denied or age studies for the San Luis Unit shall be fully tion of any real property or any facility or for
restricted by this Act, unless prior approval is reimbursable by San Luis Unit beneficiaries of plant or facility acquisition, construction, or ex-
received from the Committees on Appropriations such service or studies pursuant to Federal rec- pansion, $185,804,000, to remain available until
of both Houses of Congress; lamation law. expended: Provided, That of such amount,
(4) restarts or resumes any program, project or SEC. 203. Section 9504(e) of the Omnibus Pub- $16,000,000 shall be available until September 30,
activity for which funds are not provided in this lic Land Management Act of 2009 (42 U.S.C. 2023, for program direction: Provided further,
Act, unless prior approval is received from the 10364(e)) is amended by striking ‘‘$610,000,000’’ That of the amount appropriated in this para-
Committees on Appropriations of both Houses of and inserting ‘‘$750,000,000’’. graph, $3,000,000 shall be used for projects speci-
Congress; SEC. 204. Title I of Public Law 108–361 (the fied in the table that appears under the heading
(5) transfers funds in excess of the following CALFED Bay-Delta Authorization Act) (118 ‘‘Congressionally Directed Spending Cybersecu-
limits, unless prior approval is received from the Stat. 1681), as amended by section 204 of divi- rity, Energy Security, and Emergency Response
Committees on Appropriations of both Houses of sion D of Public Law 116–260, is amended by Projects’’ in the explanatory statement described
Congress: striking ‘‘2021’’ each place it appears and insert- in section 4 (in the matter preceding division A
(A) 15 percent for any program, project or ac- ing ‘‘2022’’. of this consolidated Act).
tivity for which $2,000,000 or more is available at SEC. 205. Section 9106(g)(2) of Public Law 111– ELECTRICITY
the beginning of the fiscal year; or 11 (Omnibus Public Land Management Act of For Department of Energy expenses including
(B) $400,000 for any program, project or activ- 2009) is amended by striking ‘‘2021’’ and insert- the purchase, construction, and acquisition of
ity for which less than $2,000,000 is available at ing ‘‘2022’’. plant and capital equipment, and other ex-
the beginning of the fiscal year; SEC. 206. (a) Section 104(c) of the Reclamation penses necessary for electricity activities in car-
(6) transfers more than $500,000 from either States Emergency Drought Relief Act of 1991 (43 rying out the purposes of the Department of En-
the Facilities Operation, Maintenance, and Re- U.S.C. 2214(c)) is amended by striking ‘‘2021’’ ergy Organization Act (42 U.S.C. 7101 et seq.),
habilitation category or the Resources Manage- and inserting ‘‘2022’’. including the acquisition or condemnation of
ment and Development category to any pro- (b) Section 301 of the Reclamation States any real property or any facility or for plant or
gram, project, or activity in the other category, Emergency Drought Relief Act of 1991 (43 U.S.C. facility acquisition, construction, or expansion,
unless prior approval is received from the Com- 2241) is amended by striking ‘‘2021’’ and insert- $277,000,000, to remain available until expended:
mittees on Appropriations of both Houses of ing ‘‘2022’’. Provided, That of such amount, $20,000,000 shall
Congress; or SEC. 207. Section 1101(d) of the Reclamation
be available until September 30, 2023, for pro-
(7) transfers, where necessary to discharge Projects Authorization and Adjustment Act of
gram direction: Provided further, That of the
legal obligations of the Bureau of Reclamation, 1992 (Public Law 102–575) is amended by striking
amount appropriated in this paragraph,
more than $5,000,000 to provide adequate funds ‘‘$10,000,000’’ and inserting ‘‘$13,000,000’’.
$2,850,000 shall be used for projects specified in
for settled contractor claims, increased con- SEC. 208. None of the funds made available by
the table that appears under the heading ‘‘Con-
tractor earnings due to accelerated rates of op- this Act may be used for pre-construction or
gressionally Directed Spending Electricity
erations, and real estate deficiency judgments, construction activities for any project rec-
Projects’’ in the explanatory statement described
unless prior approval is received from the Com- ommended after enactment of the Energy and
in section 4 (in the matter preceding division A
mittees on Appropriations of both Houses of Water Development and Related Agencies Ap-
of this consolidated Act).
Congress. propriations Act, 2020 and prior to enactment of
(b) Subsection (a)(5) shall not apply to any this Act by the Secretary of the Interior and NUCLEAR ENERGY
transfer of funds within the Facilities Oper- transmitted to the appropriate committees of For Department of Energy expenses including
ation, Maintenance, and Rehabilitation cat- Congress pursuant to section 4007 of the Water the purchase, construction, and acquisition of
egory. Infrastructure Improvements for the Nation Act plant and capital equipment, and other ex-
(c) For purposes of this section, the term (Public Law 114–322) if such project is not penses necessary for nuclear energy activities in
‘‘transfer’’ means any movement of funds into named in this Act, Public Law 116–260, or Public carrying out the purposes of the Department of
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or out of a program, project, or activity. Law 117–43. Energy Organization Act (42 U.S.C. 7101 et
(d) Except as provided in subsections (a) and TITLE III seq.), including the acquisition or condemnation
(b), the amounts made available in this title of any real property or any facility or for plant
DEPARTMENT OF ENERGY
under the heading ‘‘Bureau of Reclamation— or facility acquisition, construction, or expan-
Water and Related Resources’’ shall be ex- ENERGY PROGRAMS sion, $1,654,800,000, to remain available until ex-
pended for the programs, projects, and activities ENERGY EFFICIENCY AND RENEWABLE ENERGY pended: Provided, That of such amount,
specified in the ‘‘Final Bill’’ columns in the For Department of Energy expenses including $80,000,000 shall be available until September 30,
‘‘Water and Related Resources’’ table included the purchase, construction, and acquisition of 2023, for program direction: Provided further,
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